STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
58TH LEGISLATIVE DAY
TUESDAY, MAY 15, 2001
1:00 O'CLOCK P.M.
NO. 58
[May 15, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 58th Legislative Day Action Page(s) Adjournment........................................ 138 Change of Sponsorship.............................. 114 Committee on Rules Referrals....................... 4 Fiscal Note Requested.............................. 6 Fiscal Note Supplied............................... 6 Home Rule Notes Supplied........................... 6 Quorum Roll Call................................... 4 State Debt Impact Note Requested................... 6 State Mandates Note Requested...................... 6 State Mandates Note Supplied....................... 6 Bill Number Legislative Action Page(s) HB 0183 Senate Message - Passage w/ SA..................... 9 HB 0197 Motion Submitted................................... 5 HB 0231 Senate Message - Passage w/ SA..................... 10 HB 0293 Senate Message - Passage w/ SA..................... 18 HB 0446 Senate Message - Passage w/ SA..................... 22 HB 0778 Senate Message - Passage w/ SA..................... 24 HB 0789 Senate Message - Passage w/ SA..................... 30 HB 0846 Senate Message - Passage w/ SA..................... 30 HB 0953 Senate Message - Passage w/ SA..................... 31 HB 1030 Senate Message - Passage w/ SA..................... 33 HB 1039 Motion Submitted................................... 5 HB 1041 Motion Submitted................................... 5 HB 1048 Motion Submitted................................... 5 HB 1069 Motion Submitted................................... 5 HB 1125 Senate Message - Passage w/ SA..................... 35 HB 1270 Senate Message - Passage w/ SA..................... 36 HB 1478 Motion Submitted................................... 5 HB 1684 Senate Message - Passage w/ SA..................... 40 HB 1694 Motion Submitted................................... 5 HB 1812 Motion Submitted................................... 6 HB 1972 Motion Submitted................................... 5 HB 2088 Motion Submitted................................... 5 HB 2254 Senate Message - Passage w/ SA..................... 40 HB 2259 Senate Message - Passage w/ SA..................... 42 HB 2277 Senate Message - Passage w/ SA..................... 49 HB 2290 Senate Message - Passage w/ SA..................... 52 HB 2300 Senate Message - Passage w/ SA..................... 52 HB 2315 Senate Message - Passage w/ SA..................... 53 HB 2436 Senate Message - Passage w/ SA..................... 55 HB 2440 Senate Message - Passage w/ SA..................... 60 HB 2528 Motion Submitted................................... 5 HB 2538 Senate Message - Passage w/ SA..................... 61 HB 2602 Senate Message - Passage w/ SA..................... 63 HB 2844 Senate Message - Passage w/ SA..................... 66 HB 2845 Senate Message - Passage w/ SA..................... 67 HB 2994 Motion Submitted................................... 5 HB 3014 Senate Message - Passage w/ SA..................... 68 HB 3055 Senate Message - Passage w/ SA..................... 70 HB 3137 Senate Message - Passage w/ SA..................... 71 HB 3145 Senate Message - Passage w/ SA..................... 71 HB 3214 Motion Submitted................................... 5 HB 3288 Senate Message - Passage w/ SA..................... 111 HB 3314 Senate Message - Passage w/ SA..................... 114 HB 3363 Third Reading...................................... 117
3 [May 15, 2001] Bill Number Legislative Action Page(s) HJR 0030 Committee Report................................... 4 SB 0003 Third Reading...................................... 117 SB 0005 Third Reading...................................... 114 SB 0021 Third Reading...................................... 114 SB 0042 Second Reading - Amendment/s....................... 131 SB 0115 Third Reading...................................... 114 SB 0162 Third Reading...................................... 114 SB 0170 Second Reading..................................... 117 SB 0174 Second Reading..................................... 117 SB 0298 Third Reading...................................... 116 SB 0368 Third Reading...................................... 114 SB 0382 Third Reading...................................... 115 SB 0384 Second Reading..................................... 117 SB 0400 Recall............................................. 137 SB 0406 Second Reading..................................... 117 SB 0436 Second Reading..................................... 133 SB 0526 Third Reading...................................... 116 SB 0527 Third Reading...................................... 116 SB 0528 Third Reading...................................... 116 SB 0574 Third Reading...................................... 115 SB 0663 Second Reading - Amendment/s....................... 117 SB 0713 Third Reading...................................... 115 SB 0761 Third Reading...................................... 115 SB 0824 Second Reading..................................... 117 SB 0825 Second Reading - Amendment/s....................... 136 SB 0826 Second Reading - Amendment/s....................... 133 SB 0827 Second Reading - Amendment/s....................... 135 SB 0829 Second Reading..................................... 117 SB 0830 Second Reading..................................... 117 SB 0831 Second Reading..................................... 117 SB 0857 Second Reading..................................... 117 SB 0869 Third Reading...................................... 115 SB 0874 Second Reading..................................... 117 SB 0881 Second Reading..................................... 117 SB 0882 Second Reading..................................... 117 SB 0914 Second Reading..................................... 117 SB 0930 Second Reading - Amendment/s....................... 136 SB 0931 Second Reading - Amendment/s....................... 136 SB 0935 Second Reading..................................... 136 SB 0940 Third Reading...................................... 115 SB 0945 Second Reading - Amendment/s....................... 129 SB 0994 Second Reading - Amendment/s....................... 136 SB 1097 Third Reading...................................... 116 SB 1150 Second Reading..................................... 117 SB 1284 Second Reading - Amendment/s....................... 137 SB 1521 Third Reading...................................... 116 SB 1522 Recall............................................. 117
[May 15, 2001] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Thomas Moran of the Saint Hugh Parrish in Lyons, Illinois. Representative Bellock led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Shirley Jones, Sommer and Stephens 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 Boland, should be recorded as present. REPORT 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 JOINT RESOLUTION 30. The committee roll call vote on the forgoing legislative measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder A Hannig Y Tenhouse, Spkpn A Turner, Art 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 Appropriations-General Services: SENATE BILLS 1357, 1361 and 1381. Committee on Appropriations-Human Services: SENATE BILLS 758 and 1486. Committee on Appropriations-Public Safety: SENATE BILLS 1360, 1368, 1369, 1371, 1372, 1373 and 1382. Committee on Child Support Enforcement: HOUSE RESOLUTION 284. Committee on Children & Youth: HOUSE RESOLUTION 265. Committee on Conservation & Land Use: HOUSE RESOLUTION 264. Committee on Constitutional Officers: HOUSE RESOLUTION 263. Committee on Elementary & Secondary Education: HOUSE RESOLUTION 262. Committee on Human Services: HOUSE JOINT RESOLUTION 34. Committee on Judiciary II-Criminal Law: HOUSE RESOLUTION 240. Committee on Registration & Regulation: HOUSE RESOLUTION 258. Committee on State Government Administration: HOUSE RESOLUTIONS 231, 233 and 288; HOUSE JOINT RESOLUTION 32. MOTIONS SUBMITTED Representative Saviano submitted the following written motion,
5 [May 15, 2001] which was placed on the order of Motions: MOTION I move to table Amendment No. 1 to HOUSE BILL 859. JOINT ACTION MOTIONS SUBMITTED Representative Hoffman submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1069. Representative Jerry Mitchell submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1478. Representative Soto submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1048. Representative John Turner submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2088. Representative Parke submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2994. Representative Krause submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1694. Representative Mathias submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3214. Representative Bradley submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1041. Representative Bost submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2528. Representative Lawfer submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1972. Representative Bost submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1973. Representative Mendoza submitted the following written motion, which was referred to the Committee on Rules:
[May 15, 2001] 6 MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1812. REQUEST FOR FISCAL NOTE Representative Biggins requested that a Fiscal Note be supplied for SENATE BILL 1171, as amended. Representative Black requested that a Fiscal Note be supplied for SENATE BILL 22, as amended. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 101, as amended, 493, as amended, 1150, and 1309, as amended. REQUEST FOR STATE MANDATES NOTE Representative Biggins requested that a State Mandates Note be supplied for SENATE BILL 1171, as amended. Representative Black requested that a State Mandates Note be supplied for SENATE BILL 22, as amended. STATE MANDATES NOTE SUPPLIED A State Mandates Note has been supplied for SENATE BILL 493, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Black requested that a State Debt Impact Note be supplied for SENATE BILL 22, as amended. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for SENATE BILLS 356 and 493, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 180 A bill for AN ACT in relation to vehicles. HOUSE BILL NO. 185 A bill for AN ACT concerning public transportation. HOUSE BILL NO. 222 A bill for AN ACT concerning criminal law. HOUSE BILL NO. 417 A bill for AN ACT concerning wildlife.
7 [May 15, 2001] HOUSE BILL NO. 442 A bill for AN ACT concerning sanitary districts. HOUSE BILL NO. 452 A bill for AN ACT in relation to criminal law. HOUSE BILL NO. 638 A bill for AN ACT concerning the Department of Children and Family Services. HOUSE BILL NO. 643 A bill for AN ACT concerning missing children. HOUSE BILL NO. 646 A bill for AN ACT with regard to schools. HOUSE BILL NO. 700 A bill for AN ACT concerning wildlife. HOUSE BILL NO. 752 A bill for AN ACT concerning dental hygiene. HOUSE BILL NO. 760 A bill for AN ACT concerning taxation. HOUSE BILL NO. 842 A bill for AN ACT to create the Carbon Sequestration Study Act. HOUSE BILL NO. 889 A bill for AN ACT in relation to civil procedure. HOUSE BILL NO. 978 A bill for AN ACT in relation to criminal law. HOUSE BILL NO. 1029 A bill for AN ACT concerning the media. HOUSE BILL NO. 1089 A bill for AN ACT concerning banking. Passed by the Senate, May 15, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 1094 A bill for AN ACT regarding taxes. HOUSE BILL NO. 1302 A bill for AN ACT concerning aging. HOUSE BILL NO. 1709 A bill for AN ACT in relation to highways. HOUSE BILL NO. 1712 A bill for AN ACT concerning school funding. HOUSE BILL NO. 1813 A bill for AN ACT regarding taxes. HOUSE BILL NO. 1814
[May 15, 2001] 8 A bill for AN ACT concerning crime victims. HOUSE BILL NO. 1904 A bill for AN ACT in relation to highways. HOUSE BILL NO. 2113 A bill for AN ACT in relation to taxation. HOUSE BILL NO. 2148 A bill for AN ACT concerning the regulation of professions. HOUSE BILL NO. 2247 A bill for AN ACT in relation to fire inspectors. Passed by the Senate, May 15, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 2255 A bill for AN ACT concerning schools. HOUSE BILL NO. 2282 A bill for AN ACT concerning currency exchanges. HOUSE BILL NO. 2426 A bill for AN ACT concerning emergency telephone services. HOUSE BILL NO. 2564 A bill for AN ACT concerning business transactions. HOUSE BILL NO. 3015 A bill for AN ACT concerning radiation. HOUSE BILL NO. 3024 A bill for AN ACT concerning land disclosure. HOUSE BILL NO. 3065 A bill for AN ACT regarding vehicles. HOUSE BILL NO. 3078 A bill for AN ACT concerning freedom of information. HOUSE BILL NO. 3126 A bill for AN ACT in relation to health. HOUSE BILL NO. 3179 A bill for AN ACT concerning consumer fraud. HOUSE BILL NO. 3292 A bill for AN ACT in relation to taxes. HOUSE BILL NO. 3347 A bill for AN ACT concerning radioactive waste storage. HOUSE BILL NO. 3574 A bill for AN ACT concerning carnival and amusement rides. Passed by the Senate, May 15, 2001. Jim Harry, Secretary of the Senate
9 [May 15, 2001] A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 183 A bill for AN ACT regarding taxes. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 183. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 183 on page 2, immediately below line 6, by inserting the following: "Section 10. The School Code is amended by adding Section 17-3A as follows: (105 ILCS 5/17-3A new) Sec. 17-3A. Apportionment; tax objections; court decisions; adjustments of levies and refunds to tax objectors. Notwithstanding any other provision of this Code, if a court, in any tax objection based on the apportionment of an overlapping taxing district under Section 18-155 of the Property Tax Code, 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 of the Property Tax Code for the year for which the objection was filed, the county clerks of each county in which there was an under extension of a levy of a school district shall proportionately increase the levy of that school 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 of the school district, 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 this Code or the Property Tax Code. The funds collected pursuant to a levy increase authorized by this Section and Section 18-155 of the Property Tax Code 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.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 183 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 231 A bill for AN ACT in relation to firearms.
[May 15, 2001] 10 Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 231. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 231 as follows: on page 1, line 19, after "Act,", by inserting the following: "all persons who have been convicted of a felony under the laws of this State or any other jurisdiction who possess any weapon prohibited under Section 24-1 of the Criminal Code of 1961 or any firearm or any firearm ammunition". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 231 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 293 A bill for AN ACT in regard to vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 293. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 293 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Department of Veterans Affairs Act is amended by changing Section 2 as follows: (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67) Sec. 2. Powers and duties. The Department shall have the following powers and duties: To perform such acts at the request of any veteran, or his or her spouse, surviving spouse or dependents as shall be reasonably necessary or reasonably incident to obtaining or endeavoring to obtain for the requester any advantage, benefit or emolument accruing or due to such person under any law of the United States, the State of Illinois or any other state or governmental agency by reason of the service of such veteran, and in pursuance thereof shall: 1. Contact veterans, their survivors and dependents and advise them of the benefits of state and federal laws and assist them in obtaining such benefits; 2. Establish field offices and direct the activities of the personnel assigned to such offices; 3. Create a volunteer field force of accredited
11 [May 15, 2001] representatives, representing educational institutions, labor organizations, veterans organizations, employers, churches, and farm organizations; 4. Conduct informational and training services; 5. Conduct educational programs through newspapers, periodicals and radio for the specific purpose of disseminating information affecting veterans and their dependents; 6. Coordinate the services and activities of all state departments having services and resources affecting veterans and their dependents; 7. Encourage and assist in the coordination of agencies within counties giving service to veterans and their dependents; 8. Cooperate with veterans organizations and other governmental agencies; 9. Make, alter, amend and promulgate reasonable rules and procedures for the administration of this Act;
[May 15, 2001] 12 Section 15. The Illinois Vehicle Code is amended by changing Section 3-412 and adding Sections 3-648, 3-649, 3-650, 3-651, 3-652, 3-653, 3-654, 3-655, 3-656, 3-657, and 3-658 as follows: (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412) Sec. 3-412. Registration plates and registration stickers to be furnished by the Secretary of State. (a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate for a motorcycle, trailer, semitrailer, motorized pedalcycle or truck-tractor, 2 registration plates for other motor vehicles and, where applicable, current registration stickers for motor vehicles of the first division. The provisions of this Section may be made applicable to such vehicles of the second division, as the Secretary of State may, from time to time, in his discretion designate. On subsequent annual registrations during the term of the registration plate as provided in Section 3-414.1, the Secretary shall issue or cause to be issued registration stickers as evidence of current registration. However, the issuance of annual registration stickers to vehicles registered under the provisions of Section 3-402.1 of this Code may not be required if the Secretary deems the issuance unnecessary. (b) Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this State, which may be abbreviated, the year number for which it was issued, which may be abbreviated, the phrase "Land of Lincoln", except as provided in Sections 3-626, 3-629, 3-633, 3-634, 3-637, 3-638,
13 [May 15, 2001] filed with the Department by ambulance owners for payment for services to public assistance recipients. (j) The Secretary of State shall issue for every public and private medical carrier or rescue vehicle livery registration plates displaying numbers within ranges of numbers reserved respectively for medical carriers and rescue vehicles. The Secretary shall forward to the Department of Public Aid registration information for the purpose of verification of claims filed with the Department by owners of medical carriers or rescue vehicles for payment for services to public assistance recipients. (Source: P.A. 89-424, eff. 6-1-96; 89-564, eff. 7-1-97; 89-612, eff. 8-9-96; 89-621, eff. 1-1-97; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-533, eff. 11-14-97; 90-655, eff. 7-30-98.) (625 ILCS 5/3-648 new) Sec. 3-648. Gulf War Veteran license plate. (a) In addition to any other special license plate, the Secretary of State, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary, may issue special registration plates designated as Gulf War Veteran license plates to residents of Illinois who participated in the Persian Gulf Conflict between the dates recognized by the United States Department of Veterans' Affairs. The special plate issued under this Section must be affixed only to passenger vehicles of the first division, motor vehicles of the second division, and recreational vehicles as defined in Section 1-169 of this Code. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity plates or personalized in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant must be charged a $100 fee for original issuance and renewal in addition to the applicable registration fee. Of the additional original fee, $13 must be deposited into the Secretary of State Special License Plate Fund and $87 must be deposited into the Gulf War Memorial Fund. For each registration renewal period, $2 must be deposited into the Secretary of State Special Licenses Plate Fund and $98 must be deposited into the Gulf War Memorial Fund. (d) The Gulf War Memorial Fund is created as a special fund in the State treasury. Moneys in the Fund may, subject to appropriation, be used by the Department of Veterans' Affairs to provide grants for the construction of the Gulf War Memorial. Upon the completion of the Memorial, the Department of Veterans' Affairs must certify to the State Treasurer that the construction of the Memorial has been completed. Upon the certification of the Department of Veterans' Affairs, the State Treasurer must transfer all moneys in the Fund into the Secretary of State Special License Plate Fund. (625 ILCS 5/3-649 new) Sec. 3-649. Pet Friendly license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Pet Friendly license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division, motor vehicles of the second division weighing not more than 8,000 pounds, and recreational vehicles as defined in Section 1-169 of this Code. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary, except that the phrase "I am pet friendly" shall be on the plates. The Secretary may allow the plates to be issued
[May 15, 2001] 14 as vanity plates or personalized plates under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this additional fee, $85 shall be deposited into the Pet Overpopulation Control Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this additional fee, $98 shall be deposited into the Pet Overpopulation Control Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Pet Overpopulation Control Fund is created as a special fund in the State treasury. All moneys in the Pet Overpopulation Control Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to humane societies exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to be used solely for the humane sterilization of dogs and cats in the State of Illinois. In approving grants under this subsection (d), the Secretary shall consider recommendations for grants made by a volunteer board appointed by the Secretary that shall consist of 5 Illinois residents who are officers or directors of humane societies operating in different regions in Illinois. (625 ILCS 5/3-650 new) Sec. 3-650. Hospice license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Hospice license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The color of the plates is wholly within the discretion of the Secretary. The design of the plates shall include the word "Hospice" above drawings of two lilies and a butterfly. The Secretary may allow the plates to be issued as vanity plates or personalized under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this fee, $85 shall be deposited into the Hospice Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $98 shall be deposited into the Hospice Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Hospice Fund is created as a special fund in the State treasury. All money in the Hospice Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, to the Department of Public Health for distribution as grants for hospice services as defined in the Hospice Program Licensing Act. The Director of Public Health shall adopt rules for the distribution of these grants. (625 ILCS 5/3-651 new) Sec. 3-651. Union Member license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Union Member license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special Union Member plate issued under this Section shall be affixed only to passenger vehicles
15 [May 15, 2001] of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State, except that the plates shall show support for union members. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $100 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund. (625 ILCS 5/3-652 new) Sec. 3-652. Lions of Illinois license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Lions of Illinois license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special Lions of Illinois plate issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State, except that the International Association of Lions Clubs emblem shall appear at the lower right corner of the plate, and immediately to the left of the emblem shall appear the following words: "Lions of Illinois". The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this fee, $85 shall be deposited into the Lions of Illinois Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $98 shall be deposited into the Lions of Illinois Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Lions of Illinois Fund is created as a special fund in the State treasury. All moneys in the Lions of Illinois Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the Lions of Illinois Endowment Fund. (625 ILCS 5/3-653 new) Sec. 3-653. Illinois Correctional Employee Memorial license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Illinois Correctional Employee Memorial license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the
[May 15, 2001] 16 second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this fee, $85 shall be deposited into the Illinois Correctional Employee Memorial Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $98 shall be deposited into the Illinois Correctional Employee Memorial Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Illinois Correctional Employee Memorial Fund is created as a special fund in the State treasury. All money in the Illinois Correctional Employee Memorial Fund shall, subject to appropriation by the General Assembly and approval by the Secretary, be used by the Department of Corrections for construction and maintenance of the Illinois Correctional Employee Memorial, to be located at the State Capitol grounds in Springfield, Illinois, and for holding an annual memorial commemoration. (625 ILCS 5/3-654 new) Sec. 3-654. Paratrooper license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Paratrooper license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special Paratrooper plate issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $100 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund. (625 ILCS 5/3-655 new) Sec. 3-655. K-12 Education license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as K-12 Education license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be
17 [May 15, 2001] issued as vanity or personalized plates under Section 3-405.1 of the Code. The Secretary shall prescribe stickers or decals as provided under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this fee, $85 shall be deposited into the K-12 Education Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $98 shall be deposited into the K-12 Education Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The K-12 Education Fund is created as a special fund in the State treasury. All money in the K-12 Education Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the individual school districts designated by each applicant. (625 ILCS 5/3-656 new) Sec. 3-656. Park District Youth Program license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Park District Youth Program license plates. The special Park District Youth Program plate issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State. Appropriate documentation, as determined by the Secretary, must accompany each application. The Secretary, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this fee, $85 shall be deposited into the Park District Youth Program Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $98 shall be deposited into the Park District Youth Program Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Park District Youth Program Fund is created as a special fund in the State treasury. All money in the Park District Youth Program Fund shall be paid, subject to appropriation by the General Assembly and approval by the Secretary, as grants to the Illinois Association of Park Districts, a not-for-profit corporation, for grants to park districts and recreation agencies providing innovative after school programming for Illinois youth. (625 ILCS 5/3-657 new) Sec. 3-657. Illinois Coal Mining license plates. (a) The Secretary, upon receipt of an application made in the form prescribed by the Secretary, may issue special registration plates designated as Coal Mining license plates. The special plates issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the multi-year procedure established by Section 3-414.1 of this Code. (b) The design and color of the plates is wholly within the discretion of the Secretary. The Secretary may allow the plates to be issued as vanity or personalized plates under Section 3-405.1 of this Code. The Secretary shall prescribe stickers or decals as provided
[May 15, 2001] 18 under Section 3-412 of this Code. (c) An applicant for the special plate shall be charged a $100 fee for original issuance in addition to the appropriate registration fee. Of this fee, $85 shall be deposited into the Coal Technology Research Fund and $15 shall be deposited into the Secretary of State Special License Plate Fund, to be used by the Secretary to help defray the administrative processing costs. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged. Of this fee, $98 shall be deposited into the Coal Technology Research Fund and $2 shall be deposited into the Secretary of State Special License Plate Fund. (d) The Coal Technology Research Fund is created as a special fund in the State treasury. All money in the Coal Technology Research Fund shall, subject to appropriation by the General Assembly, be used by the Coal Extraction and Utilization Research Center at Southern Illinois University for coal technology research. (625 ILCS 5/3-658 new) Sec. 3-658. Small Business/Entrepreneur license plates. (a) In addition to any other special license plate, the Secretary, upon receipt of all applicable fees and applications made in the form prescribed by the Secretary of State, may issue Small Business/Entrepreneur license plates to residents of Illinois who meet eligibility requirements prescribed by the Secretary of State. The special Small Business/Entrepreneur plate issued under this Section shall be affixed only to passenger vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. Plates issued under this Section shall expire according to the staggered multi-year procedure established by Section 3-414.1 of this Code. (b) The design, color, and format of the plates shall be wholly within the discretion of the Secretary of State, except that the plates shall show support for small business and entrepreneurship. The Secretary may, in his or her discretion, allow the plates to be issued as vanity or personalized plates in accordance with Section 3-405.1 of this Code. The plates are not required to designate "Land Of Lincoln", as prescribed in subsection (b) of Section 3-412 of this Code. The Secretary shall prescribe the eligibility requirements and, in his or her discretion, shall approve and prescribe stickers or decals as provided under Section 3-412. (c) An applicant shall be charged a $100 fee for original issuance in addition to the applicable registration fee. This additional fee shall be deposited into the Secretary of State Special License Plate Fund. For each registration renewal period, a $100 fee, in addition to the appropriate registration fee, shall be charged and shall be deposited into the Secretary of State Special License Plate Fund.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 293 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 446 A bill for AN ACT concerning organ transplantation. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 446.
19 [May 15, 2001] Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 446 as follows: by replacing everything after the enacting clause with the following: "Section 3. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-396 as follows: (20 ILCS 2310/2310-396 new) Sec. 2310-396. Organ Donation Task Force. The Department shall establish an Organ Donation Task Force to study the various laws and rules regarding organ donation to determine whether consolidation or other changes in the laws or rules are needed to facilitate organ donation in Illinois. The Director shall appoint the members of the Task Force and shall determine the number of members to be appointed. The members of the Task Force shall include representatives of the Illinois Hospital and HealthSystems Association, the Illinois State Medical Society, organ procurement agencies, the Illinois Eye Bank, and any other entities deemed appropriate by the Director. Section 5. The Uniform Anatomical Gift Act is amended by changing Section 3 as follows: (755 ILCS 50/3) (from Ch. 110 1/2, par. 303) Sec. 3. Persons who may execute an anatomical gift. (a) Any individual of sound mind who has attained the age of 18 may give all or any part of his or her body for any purpose specified in Section 4. Such a gift may be executed in any of the ways set out in Section 5, and shall take effect upon the individual's death without the need to obtain the consent of any survivor. An anatomical gift made by an agent of an individual, as authorized by the individual under the Powers of Attorney for Health Care Law, as now or hereafter amended, is deemed to be a gift by that individual and takes effect without the need to obtain the consent of any other person. (b) If no gift has been executed under subsection (a), any of the following persons, in the order of priority stated in items (1) through (9)
[May 15, 2001] 20 person by telephone or in any other reasonable manner; (3) the person is unable or unwilling to respond in a manner which indicates the person's refusal or consent. (d) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (e) The rights of the donee created by the gift are paramount to the rights of others except as provided by Section 8 (d). (f) If no gift has been executed under this Section, then no part of the decedent's body may be used for any purpose specified in Section 4 of this Act, except in accordance with the Organ Donation Request Act or the Corneal Transplant Act. (Source: P.A. 86-736.) Section 10. The Illinois Corneal Transplant Act is amended by changing Section 2 as follows: (755 ILCS 55/2) (from Ch. 110 1/2, par. 352) Sec. 2. (a) Objection to the removal of corneal tissue may be made known to the coroner or county medical examiner or authorized individual acting for the coroner or county medical examiner by the individual during his lifetime or by the following persons, in the order of priority stated, after the decedent's death: (1) The decedent's agent under a power of attorney for health care which provides specific direction regarding organ donation; (2)
21 [May 15, 2001] implemented by mutual agreement between a hospital and a federally designated organ procurement agency or tissue bank. (b) In making a request for organ or tissue donation, the hospital administrator or his or her designated representative or the hospital's federally designated organ procurement agency or tissue bank shall request any of the following persons, in the order of priority stated in items (1) through (9)
[May 15, 2001] 22 U.S. Secretary of Health and Human Services for the service area in which the hospital is located, if the hospital applies for a waiver pursuant to 42 USC 1320b-8(a), it may designate an organ procurement agency located in Wisconsin to be thereafter deemed its federally designated organ procurement agency for the purposes of this Act. (f) For the purposes of this Act, "tissue bank" means any facility or program operating in Illinois that is certified by the American Association of Tissue Banks or the Eye Bank Association of America and is involved in procuring, furnishing, donating, or distributing corneas, bones, or other human tissue for the purpose of injecting, transfusing, or transplanting any of them into the human body. "Tissue bank" does not include a licensed blood bank. For the purposes of this Act, "tissue" does not include organs. (g) Nothing in Public Act 89-393
23 [May 15, 2001] and specifications to facilitate the bidding and awarding of contracts; soliciting the interest of capable contractors and assisting the owner in taking bids on the project; analyzing the bids received; and preparing and monitoring a progress schedule during the design phase of the project and preparation of a proposed construction schedule; and (2) services provided in the construction phase of the project including, but not limited to, maintaining competent supervisory staff to coordinate and provide general direction of the work and progress of the contractors on the project; observing the work as it is being performed for general conformance with working drawings and specifications; establishing procedures for coordinating among the State agency, architect or engineer, contractors, and construction manager with respect to all aspects of the project and implementing those procedures; maintaining job site records and making appropriate progress reports; implementing labor policy in conformance with the requirements of the public owner; reviewing the safety and equal opportunity programs of each contractor for conformance with the public owner's policy and making recommendations; reviewing and processing all applications for payment by involved contractors and material suppliers in accordance with the terms of the contract; making recommendations for and processing requests for changes in the work and maintaining records of change orders; scheduling and conducting job meetings to ensure orderly progress of the work; developing and monitoring a project progress schedule, coordinating and expediting the work of all contractors and providing periodic status reports to the owner and the architect or engineer; and establishing and maintaining a cost control system and conducting meetings to review costs. "Construction manager" means any person providing construction management services for a State agency. (30 ILCS 500/33-10 new) Sec. 33-10. Time for using construction management services. The appropriate State purchasing officer or chief procurement officer of a State agency may elect to engage the construction management services of a construction manager when planning, designing, and constructing a building or structure or when improving, altering, or repairing a building or structure. Construction management services may be used by the State agency in the pre-construction phase, the construction phase of public works project, or both phases of the project. (30 ILCS 500/33-15 new) Sec. 33-15. Evaluation procedure. A State agency shall evaluate the construction managers submitting letters of interest and other prequalified construction managers, taking into account qualifications; and the State agency may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location, workload of the construction manager, and any other qualifications-based factors as the State agency may determine in writing are applicable. The State agency may conduct discussions with and require public presentations by construction managers deemed to be the most qualified regarding their qualifications, approach to the project, and ability to furnish the required services. A State agency shall establish a committee to select construction managers to provide construction management services. A selection committee may include at least one public member nominated by a statewide association of construction managers. The public member may not be employed or associated with any firm holding a contract with the State agency nor may the public member's firm be considered for a contract with that State agency while he or she is serving as a public member of the committee. In no case shall a State agency, prior to selecting a construction manager, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation. (30 ILCS 500/33-20 new) Sec. 33-20. Duties of construction manager; additional requirements for persons performing construction work.
[May 15, 2001] 24 (a) Upon the award of a construction management services contract, a construction manager must contract with the State agency to furnish his or her skill and judgment in cooperation with, and reliance upon, the services of the project architect or engineer. The construction manager must furnish business administration, management of the construction process, and other specified services to the State agency and must perform his or her obligations in an expeditious and economical manner consistent with the interest of the State agency. If it is in the State's best interest, the construction manager may provide or perform basic services for which reimbursement is provided in the general conditions to the construction management services contract. (b) The construction manager, or any entity that controls, is controlled by, or shares common ownership with the construction manager, is not permitted to bid on or perform any of the actual construction on a public works project in which he or she is acting as construction manager. The actual construction work on the project must be awarded by competitive bidding as provided in this Code. All successful bidders for actual construction work must contract directly with the State agency, but must perform his or her obligations at the direction of the construction manager unless otherwise provided in the construction manager's contract with the State agency. All successful bidders for actual construction work must enter into a trust agreement under Section 30-25 of this Code. This subsection is subject to the applicable provisions of the following Acts: (1) the Prevailing Wage Act; (2) the Public Construction Bond Act; (3) the Public Works Employment Discrimination Act; (4) the Public Works Preference Act; (5) the Employment of Illinois Workers on Public Works Act; (6) the Illinois Architecture Practice Act of 1989; (7) the Professional Engineering Practice Act of 1989; (8) the Illinois Professional Land Surveyor Act of 1989; (9) the Structural Engineering Practice Act of 1989; (10) the Public Contract Fraud Act; and (11) the Illinois Construction Evaluation Act. (30 ILCS 500/33-25 new) Sec. 33-25. Prohibited conduct. No construction management services contract may be awarded by a State agency on a negotiated basis as provided in this Article if the construction manager or an entity that controls, is controlled by, or shares common ownership or control with the construction manager (i) guarantees, warrants, or otherwise assumes financial responsibility for the work of others on the project; (ii) provides the State agency with a guaranteed maximum price for the work of others on the project; or (iii) furnishes or guarantees a performance or payment bond for other contractors on the project. In any such case, the contract for construction management services must be let by competitive bidding as in the case of contracts for construction work. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 778 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 789 A bill for AN ACT concerning civil procedure.
25 [May 15, 2001] Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 789. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 789 on page 1, by replacing line 5 with the following: "changing Sections 2-1402, 12-901, 12-904, 12-906, 12-909, 12-910, 12-911, and 12-912 as follows: (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402) Sec. 2-1402. Supplementary proceedings. (a) A judgment creditor, or his or her successor in interest when that interest is made to appear of record, is entitled to prosecute supplementary proceedings for the purposes of examining the judgment debtor or any other person to discover assets or income of the debtor not exempt from the enforcement of the judgment, a deduction order or garnishment, and of compelling the application of non-exempt assets or income discovered toward the payment of the amount due under the judgment. A supplementary proceeding shall be commenced by the service of a citation issued by the clerk. The procedure for conducting supplementary proceedings shall be prescribed by rules. It is not a prerequisite to the commencement of a supplementary proceeding that a certified copy of the judgment has been returned wholly or partly unsatisfied. All citations issued by the clerk shall have the following language, or language substantially similar thereto, stated prominently on the front, in capital letters: "YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL." The court shall not grant a continuance of the supplementary proceeding except upon good cause shown. (b) Any citation served upon a judgment debtor or any other person shall include a certification by the attorney for the judgment creditor or the judgment creditor setting forth the amount of the judgment, the date of the judgment, or its revival date, the balance due thereon, the name of the court, and the number of the case, and a copy of the citation notice required by this subsection. Whenever a citation is served upon a person or party other than the judgment debtor, the officer or person serving the citation shall send to the judgment debtor, within three business days of the service upon the cited party, a copy of the citation and the citation notice, which may be sent by regular first-class mail to the judgment debtor's last known address. In no event shall a citation hearing be held sooner than five business days after the mailing of the citation and citation notice to the judgment debtor, except by agreement of the parties. The citation notice need not be mailed to a corporation, partnership, or association. The citation notice shall be in substantially the following form: "CITATION NOTICE (Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If no attorney is listed): (Insert name and address)
[May 15, 2001] 26 Amount of Judgment: $ (Insert amount) Name of Person Receiving Citation: (Insert name) Court Date and Time: (Insert return date and time specified in citation) NOTICE: The court has issued a citation against the person named above. The citation directs that person to appear in court to be examined for the purpose of allowing the judgment creditor to discover income and assets belonging to the judgment debtor or in which the judgment debtor has an interest. The citation was issued on the basis of a judgment against the judgment debtor in favor of the judgment creditor in the amount stated above. On or after the court date stated above, the court may compel the application of any discovered income or assets toward payment on the judgment. The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. The JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE: (1) Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $2,000 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker's compensation benefits; veteran's benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $1,200 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $750 in value, in any implements, professional books, or tools of the trade of the debtor. (2) Under Illinois law, every person is entitled to an estate in homestead, when it is owned and occupied as a residence, to the extent in value of $30,000
27 [May 15, 2001] his or her income, however or whenever earned or acquired, as the court may deem proper, having due regard for the reasonable requirements of the judgment debtor and his or her family, if dependent upon him or her, as well as any payments required to be made by prior order of court or under wage assignments outstanding; provided that the judgment debtor shall not be compelled to pay income which would be considered exempt as wages under the Wage Deduction Statute. The court may modify an order for installment payments, from time to time, upon application of either party upon notice to the other. (3) Compel any person cited, other than the judgment debtor, to deliver up any assets so discovered, to be applied in satisfaction of the judgment, in whole or in part, when those assets are held under such circumstances that in an action by the judgment debtor he or she could recover them in specie or obtain a judgment for the proceeds or value thereof as for conversion or embezzlement. (4) Enter any order upon or judgment against the person cited that could be entered in any garnishment proceeding. (5) Compel any person cited to execute an assignment of any chose in action or a conveyance of title to real or personal property, in the same manner and to the same extent as a court could do in any proceeding by a judgment creditor to enforce payment of a judgment or in aid of the enforcement of a judgment. (6) Authorize the judgment creditor to maintain an action against any person or corporation that, it appears upon proof satisfactory to the court, is indebted to the judgment debtor, for the recovery of the debt, forbid the transfer or other disposition of the debt until an action can be commenced and prosecuted to judgment, direct that the papers or proof in the possession or control of the debtor and necessary in the prosecution of the action be delivered to the creditor or impounded in court, and provide for the disposition of any moneys in excess of the sum required to pay the judgment creditor's judgment and costs allowed by the court. (d) No order or judgment shall be entered under subsection (c) in favor of the judgment creditor unless there appears of record a certification of mailing showing that a copy of the citation and a copy of the citation notice was mailed to the judgment debtor as required by subsection (b). (e) All property ordered to be delivered up shall, except as otherwise provided in this Section, be delivered to the sheriff to be collected by the sheriff or sold at public sale and the proceeds thereof applied towards the payment of costs and the satisfaction of the judgment. (f) (1) The citation may prohibit the party to whom it is directed from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from the enforcement of a judgment therefrom, a deduction order or garnishment, belonging to the judgment debtor or to which he or she may be entitled or which may thereafter be acquired by or become due to him or her, and from paying over or otherwise disposing of any moneys not so exempt which are due or to become due to the judgment debtor, until the further order of the court or the termination of the proceeding, whichever occurs first. The third party may not be obliged to withhold the payment of any moneys beyond double the amount of the balance due sought to be enforced by the judgment creditor. The court may punish any party who violates the restraining provision of a citation as and for a contempt, or if the party is a third party may enter judgment against him or her in the amount of the unpaid portion of the judgment and costs allowable under this Section, or in the amount of the value of the property transferred, whichever is lesser. (2) The court may enjoin any person, whether or not a party to the supplementary proceeding, from making or allowing any transfer or other disposition of, or interference with, the
[May 15, 2001] 28 property of the judgment debtor not exempt from the enforcement of a judgment, a deduction order or garnishment, or the property or debt not so exempt concerning which any person is required to attend and be examined until further direction in the premises. The injunction order shall remain in effect until vacated by the court or until the proceeding is terminated, whichever first occurs. (g) If it appears that any property, chose in action, credit or effect discovered, or any interest therein, is claimed by any person, the court shall, as in garnishment proceedings, permit or require the claimant to appear and maintain his or her right. The rights of the person cited and the rights of any adverse claimant shall be asserted and determined pursuant to the law relating to garnishment proceedings. (h) Costs in proceedings authorized by this Section shall be allowed, assessed and paid in accordance with rules, provided that if the court determines, in its discretion, that costs incurred by the judgment creditor were improperly incurred, those costs shall be paid by the judgment creditor. (i) This Section is in addition to and does not affect enforcement of judgments or proceedings supplementary thereto, by any other methods now or hereafter provided by law. (j) This Section does not grant the power to any court to order installment or other payments from, or compel the sale, delivery, surrender, assignment or conveyance of any property exempt by statute from the enforcement of a judgment thereon, a deduction order, garnishment, attachment, sequestration, process or other levy or seizure. (k) (Blank). (l) At any citation hearing at which the judgment debtor appears and seeks a declaration that certain of his or her income or assets are exempt, the court shall proceed to determine whether the property which the judgment debtor declares to be exempt is exempt from judgment. At any time before the return date specified on the citation, the judgment debtor may request, in writing, a hearing to declare exempt certain income and assets by notifying the clerk of the court before that time, using forms as may be provided by the clerk of the court. The clerk of the court will obtain a prompt hearing date from the court and will provide the necessary forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor, or the judgment creditor's attorney, regarding the time and location of the hearing. This notice may be sent by regular first class mail. At the hearing, the court shall immediately, unless for good cause shown that the hearing is to be continued, shall proceed to determine whether the property which the judgment debtor declares to be exempt is exempt from judgment. The restraining provisions of subsection (f) shall not apply to any property determined by the court to be exempt. (m) The judgment or balance due on the judgment becomes a lien when a citation is served in accordance with subsection (a) of this Section. The lien binds nonexempt personal property, including money, choses in action, and effects of the judgment debtor as follows: (1) When the citation is directed against the judgment debtor, upon all personal property belonging to the judgment debtor in the possession or control of the judgment debtor or which may thereafter be acquired or come due to the judgment debtor to the time of the disposition of the citation. (2) When the citation is directed against a third party, upon all personal property belonging to the judgment debtor in the possession or control of the third party or which thereafter may be acquired or come due the judgment debtor and comes into the possession or control of the third party to the time of the disposition of the citation. The lien established under this Section does not affect the rights of citation respondents in property prior to the service of the citation upon them and does not affect the rights of bona fide purchasers or lenders without notice of the citation. The lien is
29 [May 15, 2001] effective for the period specified by Supreme Court Rule. This subsection (m), as added by Public Act 88-48, is a declaration of existing law. (n) If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect the provisions or applications of the Act that can be given effect without the invalid provision or application. (Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670, eff. 12-2-94; 89-364, eff. 1-1-96.) (735 ILCS 5/12-901) (from Ch. 110, par. 12-901) Sec. 12-901. Amount. Every individual is entitled to an estate of homestead to the extent in value of $30,000
[May 15, 2001] 30 on page 1, lines 12 and 28 and on page 2, line 19 by changing "$7,500" each time it appears to "$30,000
31 [May 15, 2001] been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 953. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 953, on page 2, line 27, immediately after the period, by inserting the following: "For the purposes of this Law, the toll-free number must be the same size and font as the required name and address.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 953 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1030 A bill for AN ACT concerning banking. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1030. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1030 on page 1, line 5, by changing "9" to "16"; and on page 1 by replacing lines 6 through 31 with the following: "(205 ILCS 5/16) (from Ch. 17, par. 323) Sec. 16. Directors. The business and affairs of a State bank shall be managed by its board of directors that shall exercise its powers as follows: (1) Directors shall be elected as provided in this Act. Any omission to elect a director or directors shall not impair any of the rights and privileges of the bank or of any person in any way interested. The existing directors shall hold office until their successors are elected and qualify. (2) (a) Notwithstanding the provisions of any charter heretofore or hereafter issued, the number of directors, not fewer than 5 nor more than 25, may be fixed from time to time by the stockholders at any meeting of the stockholders called for the purpose of electing directors or changing the number thereof by the affirmative vote of at least two-thirds of the outstanding stock entitled to vote at the meeting, and the number so fixed shall be the board regardless of vacancies until the number of directors is thereafter changed by similar action. (b) Notwithstanding the minimum number of directors specified in paragraph (a) of this subsection, a State bank that has been in
[May 15, 2001] 32 existence for 10 years or more and has less than $20,000,000 in assets, as of the December 31 immediately preceding the annual meeting of shareholders at which directors are elected, may, subject to the approval of the Commissioner, have a minimum of 3 directors; provided that if a State bank has fewer than 5 directors, at least one director shall not be an officer or employee of the bank. The Commissioner shall annually review the appropriateness of the grant of authority to have a reduced minimum number of directors pursuant to this paragraph (b). (3) Except as otherwise provided in this paragraph (3), directors shall hold office until the next annual meeting of the stockholders succeeding their election or until their successors are elected and qualify. If the board of directors consists of 6 or more members, in lieu of electing the membership of the whole board of directors annually, the charter or by-laws of a State bank may provide that the directors shall be divided into either 2 or 3 classes, each class to be as nearly equal in number as is possible. The term of office of directors of the first class shall expire at the first annual meeting of the stockholders after their election, that of the second class shall expire at the second annual meeting after their election, and that of the third class, if any, shall expire at the third annual meeting after their election. At each annual meeting after classification, the number of directors equal to the number of the class whose terms expire at the time of the meeting shall be elected to hold office until the second succeeding annual meeting, if there be 2 classes, or until the third succeeding annual meeting, if there be 3 classes. Vacancies may be filled by stockholders at a special meeting called for the purpose. If authorized by the bank's by-laws or an amendment thereto, the directors of a State bank may properly fill a vacancy or vacancies arising between shareholders' meetings, but at no time may the number of directors selected to fill a vacancy in this manner during any interim period between shareholders' meetings exceed 33 1/3% of the total membership of the board of directors. (4) The board of directors shall hold regular meetings at least once each month, provided that, upon prior written approval by the Commissioner, the board of directors may hold regular meetings less frequently than once each month but at least once each calendar quarter. A special meeting of the board of directors may be held as provided by the by-laws. A special meeting of the board of directors may also be held upon call by the Commissioner or a bank examiner appointed under the provisions of this Act upon not less than 12 hours notice of the meeting by personal service of the notice or by mailing the notice to each of the directors at his residence as shown by the books of the bank. A majority of the board of directors shall constitute a quorum for the transaction of business unless a greater number is required by the charter or the by-laws. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors unless the act of a greater number is required by the charter or by the by-laws. (5) A member of the board of directors shall be elected president. The board of directors may appoint other officers, as the by-laws may provide, and fix their salaries to carry on the business of the bank. The board of directors may make and amend by-laws (not inconsistent with this Act) for the government of the bank and may, by the affirmative vote of a majority of the board of directors, establish reasonable compensation of all directors for services to the corporation as directors, officers, or otherwise. An officer, whether elected or appointed by the board of directors or appointed pursuant to the by-laws, may be removed by the board of directors at any time. (6) The board of directors shall cause suitable books and records of all the bank's transactions to be kept. (7) (a) In discharging the duties of their respective positions, the board of directors, committees of the board, and individual directors may, in considering the best long term and short term interests of the bank, consider the effects of any action
33 [May 15, 2001] (including, without limitation, action that may involve or relate to a merger or potential merger or to a change or potential change in control of the bank) upon employees, depositors, suppliers, and customers of the corporation or its subsidiaries, communities in which the main banking premises, branches, offices, or other establishments of the bank or its subsidiaries are located, and all pertinent factors. (b) In discharging the duties of their respective positions, the board of directors, committees of the board, and individual directors shall be entitled to rely on advice, information, opinions, reports or statements, including financial statements and financial data, prepared or presented by: (i) one or more officers or employees of the bank whom the director believes to be reliable and competent in the matter presented; (ii) one or more counsels, accountants, or other consultants as to matters that the director believes to be within that person's professional or expert competence; or (iii) a committee of the board upon which the director does not serve, as to matters within that committee's designated authority; provided that the director's reliance under this paragraph (b) is placed in good faith, after reasonable inquiry if the need for such inquiry is apparent under the circumstances and without knowledge that would cause such reliance to be unreasonable. (Source: P.A. 90-301, eff. 8-1-97; 91-452, eff. 1-1-00.)"; and on page 2 by deleting lines 1 through 4. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1030 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1125 A bill for AN ACT in relation to criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1125. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1125 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Sections 11-11 and 12-14 as follows: (720 ILCS 5/11-11) (from Ch. 38, par. 11-11) Sec. 11-11. Sexual Relations Within Families. (a) A person commits sexual relations within families if he or she: (1) Commits an act of sexual penetration as defined in Section 12-12 of this Code; and (2) The person knows that he or she is related to the other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood
[May 15, 2001] 34 or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed. (b) Sentence. Sexual relations within families is a Class 2
35 [May 15, 2001] previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. (Source: P.A. 90-396, eff. 1-1-98; 90-735, eff. 8-11-98; 91-404, eff. 1-1-00.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1125 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1270 A bill for AN ACT in relation to taxes. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1270. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1270 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the School District Validation (2001) Act. Section 5. Taxing validation. All taxes levied before the effective date of this amendatory Act of the 92nd General Assembly by any school district for the purpose of providing funds for the payment of the principal of and interest on bonds issued by that school district for the purpose of implementing equitable remedies ordered by a federal court in litigation involving school desegregation and refunding bonds issued before the effective date of this amendatory Act of the 92nd General Assembly to refund those bonds are hereby validated, ratified, and confirmed as valid taxes lawfully levied and fully authorized to be extended for collection against all taxable property in the school district without limitation as to rate or amount, notwithstanding that this levy and extension of unlimited ad valorem taxes was not authorized in accordance with law. Section 10. Bonding validation. All bonds issued before the effective date of this amendatory Act of the 92nd General Assembly by any school district for the purpose of funding the costs of equitable remedies ordered by a federal court in litigation involving school desegregation and all refunding bonds issued before the effective date of this amendatory Act of the 92nd General Assembly to refund those bonds are hereby validated, ratified, and confirmed as lawful, valid, and binding general obligations of that school district,
[May 15, 2001] 36 notwithstanding that the bonds and refunding bonds were not approved by referendum or otherwise authorized and issued in accordance with law. Section 15. Validation of actions of school district and school board. All actions taken before the effective date of this amendatory Act of the 92nd General Assembly by any school district and its board of education to authorize and issue bonds and refunding bonds for the purpose of implementing equitable remedies ordered by a federal court in litigation involving school desegregation and to levy and extend unlimited ad valorem taxes for the payment of the principal of and interest on bonds and refunding bonds issued for the purpose of implementing equitable remedies ordered by a federal court in litigation involving school desegregation are hereby ratified, validated, and confirmed as valid and lawful acts of that school district and board of education undertaken in accordance with law, notwithstanding that the bonds or refunding bonds were not approved by referendum or otherwise authorized and issued in accordance with law and notwithstanding that the unlimited ad valorem taxes were not levied and authorized to be extended in accordance with law. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1270 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1684 A bill for AN ACT in relation to health facilities. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1684. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1684 by replacing everything after the enacting clause with the following: "Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 7.3 as follows: (20 ILCS 1705/7.3 new) Sec. 7.3. Nurse aide registry; finding of abuse or neglect. The Department shall require that no facility, service agency, or support agency providing mental health or developmental disability services that is licensed, certified, operated, or funded by the Department shall employ a person, in any capacity, who is identified by the nurse aide registry as having been subject of a substantiated finding of abuse or neglect of a service recipient. The Department shall establish and maintain such rules as are necessary or appropriate to effectuate the intent of this Section. The provisions of this Section shall not apply to any facility, service agency, or support agency licensed or certified by a State agency other than the Department, unless operated by the Department of Human Services. Section 10. The Abused and Neglected Long Term Care Facility
37 [May 15, 2001] Residents Reporting Act is amended by changing Section 6.2 as follows: (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) (Section scheduled to be repealed on January 1, 2002) Sec. 6.2. Inspector General. (a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall function within the Department of Human Services and report to the Secretary of Human Services and the Governor. The Inspector General shall investigate reports of suspected abuse or neglect (as those terms are defined in Section 3 of this Act) of patients or residents in any mental health or developmental disabilities facility operated by the Department of Human Services and shall have authority to investigate and take immediate action on reports of abuse or neglect of recipients, whether patients or residents, in any mental health or developmental disabilities facility or program that is licensed or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or that is funded by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) and is not licensed or certified by any agency of the State. At the specific, written request of an agency of the State other than the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), the Inspector General may cooperate in investigating reports of abuse and neglect of persons with mental illness or persons with developmental disabilities. The Inspector General shall have no supervision over or involvement in routine, programmatic, licensure, or certification operations of the Department of Human Services or any of its funded agencies. The Inspector General shall promulgate rules establishing minimum requirements for reporting allegations of abuse and neglect and initiating, conducting, and completing investigations. The promulgated rules shall clearly set forth that in instances where 2 or more State agencies could investigate an allegation of abuse or neglect, the Inspector General shall not conduct an investigation that is redundant to an investigation conducted by another State agency. The rules shall establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but need not be limited to, site visits, telephone contacts, or requests for written responses from agencies. The rules shall also clarify how the Office of the Inspector General shall interact with the licensing unit of the Department of Human Services in investigations of allegations of abuse or neglect. Any allegations or investigations of reports made pursuant to this Act shall remain confidential until a final report is completed. The resident or patient who allegedly was abused or neglected and his or her legal guardian shall be informed by the facility or agency of the report of alleged abuse or neglect. Final reports regarding unsubstantiated or unfounded allegations shall remain confidential, except that final reports may be disclosed pursuant to Section 6 of this Act. The Inspector General shall be appointed for a term of 4 years. When determining if a report of abuse or neglect should be substantiated or unsubstantiated the Office of the Inspector General shall take into account any mitigating or aggravating circumstances when indicated. The Inspector General shall promulgate rules to establish criteria for determining mitigating or aggravating circumstances when determining if a report of abuse or neglect should be substantiated or unsubstantiated. (b) The Inspector General shall within 24 hours after receiving a report of suspected abuse or neglect determine whether the evidence indicates that any possible criminal act has been committed. If he determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he shall immediately notify the Department of State Police. The Department of State Police shall investigate any report indicating a possible murder, rape, or other felony. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the
[May 15, 2001] 38 preservation of evidence for possible use in a criminal prosecution. (b-5) The Inspector General shall make a determination to accept or reject a preliminary report of the investigation of alleged abuse or neglect based on established investigative procedures. Notice of the Inspector General's determination must be given to the person or persons alleged to have been responsible for abuse or neglect and to the facility or agency. The facility or agency or the person or persons alleged to have been responsible for the abuse or neglect may request clarification or reconsideration based on additional information. For cases where the allegation of abuse or neglect is substantiated, the Inspector General shall require the facility or agency to submit a written response. The written response from a facility or agency shall address in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. (c) The Inspector General shall, within 10 calendar days after the transmittal date of a completed investigation where abuse or neglect is substantiated or administrative action is recommended, provide a complete report on the case to the Secretary of Human Services and to the agency in which the abuse or neglect is alleged to have happened. The complete report shall include a written response from the agency or facility operated by the State to the Inspector General that addresses in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. The Secretary of Human Services shall accept or reject the response and establish how the Department will determine whether the facility or program followed the approved response. The Secretary may require Department personnel to visit the facility or agency for training, technical assistance, programmatic, licensure, or certification purposes. Administrative action, including sanctions, may be applied should the Secretary reject the response or should the facility or agency fail to follow the approved response. The facility or agency shall inform the resident or patient and the legal guardian whether the reported allegation was substantiated, unsubstantiated, or unfounded. There shall be an appeals process for any person or agency that is subject to any action based on a recommendation or recommendations. (d) The Inspector General may recommend to the Departments of Public Health and Human Services sanctions to be imposed against mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services for the protection of residents, including appointment of on-site monitors or receivers, transfer or relocation of residents, and closure of units. The Inspector General may seek the assistance of the Attorney General or any of the several State's attorneys in imposing such sanctions. (e) The Inspector General shall establish and conduct periodic training programs for Department employees concerning the prevention and reporting of neglect and abuse. (f) The Inspector General shall at all times be granted access to any mental health or developmental disabilities facility operated by the Department, shall establish and conduct unannounced site visits to those facilities at least once annually, and shall be granted access, for the purpose of investigating a report of abuse or neglect, to any facility or program funded by the Department that is subject under the provisions of this Section to investigation by the Inspector General for a report of abuse or neglect. (g) Nothing in this Section shall limit investigations by the Department of Human Services that may otherwise be required by law or that may be necessary in that Department's capacity as the central administrative authority responsible for the operation of State mental health and developmental disability facilities. (g-5) After notice and an opportunity for a hearing that is
39 [May 15, 2001] separate and distinct from the Office of the Inspector General's appeals process as implemented under subsection (c) of this Section, the Inspector General shall report to the Department of Public Health's nurse aide registry under Section 3-206.01 of the Nursing Home Care Act the identity of individuals against whom there has been a substantiated finding of abuse or neglect of a service recipient. Nothing in this subsection shall diminish or impair the rights of a person who is a member of a collective bargaining unit pursuant to the Illinois Public Labor Relations Act or pursuant to any federal labor statute. Notwithstanding anything hereinafter or previously provided, if an individual is terminated by an employer as the result of the circumstances that led to a finding of abuse or neglect and that finding is later overturned under a grievance and/or arbitration procedure provided for in Section 8 of the Illinois Public Labor Relations Act or under a comparable provision in another labor statute applicable to that person, the report must be removed from the registry. The Department of Human Services shall promulgate or amend rules as necessary or appropriate to establish procedures for reporting to the registry, including procedures for notice to the individual, appeal and hearing, and petition for removal of the report from the registry. The portion of the rules pertaining to hearings shall provide that, at the hearing, both parties may present written and oral evidence. Notice to the individual shall include a clear and concise statement of the grounds on which the report to the registry is based and notice of the opportunity for a hearing to contest the report. The Department of Human Services shall provide the notice by certified mail. The notice shall give the individual an opportunity to contest the report in a hearing before the Department of Human Services or to submit a written response to the findings instead of requesting a hearing. If after notice and a hearing or if the individual does not request a hearing, the Department of Human Services finds that the report is valid, the finding shall be included as part of the registry, as well as a brief statement from the reported individual if he or she chooses to make a statement. The Department of Public Health shall make available to the public information reported to the registry. In the case of inquiries concerning an individual listed in the registry, any information disclosed concerning a finding of abuse or neglect shall also include disclosure of the individual's brief statement in the registry relating to the reported finding or include a clear and accurate summary of the statement. At any time after the report to the registry, an individual may petition the Department of Human Services for removal from the registry of the finding against him or her. The Department of Human Services may report the removal of the finding to the registry unless, after an investigation and a hearing, the Department of Human Services determines that removal is not in the public interest. (h) This Section is repealed on January 1, 2002. (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) Section 15. The Nursing Home Care Act is amended by changing Section 3-206.1 as follows: (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01) Sec. 3-206.01. Nurse aide registry. (a) The Department shall establish and maintain a registry of all individuals who have satisfactorily completed the training required by Section 3-206. The registry shall include the name of the nursing assistant, habilitation aide, or child care aide, his or her current address, Social Security number, and the date and location of the training course completed by the individual, and the date of the individual's last criminal records check. Any individual placed on the registry is required to inform the Department of any change of address within 30 days. A facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide unless the facility has inquired of the Department as to information in the registry concerning the individual and shall not employ anyone not on the
[May 15, 2001] 40 registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3-206 of this Act. If the Department finds that a nursing assistant, habilitation aide, or child care aide has abused a resident, neglected a resident, or misappropriated resident property in a facility, the Department shall notify the individual of this finding by certified mail sent to the address contained in the registry. The notice shall give the individual an opportunity to contest the finding in a hearing before the Department or to submit a written response to the findings in lieu of requesting a hearing. If, after a hearing or if the individual does not request a hearing, the Department finds that the individual abused a resident, neglected a resident, or misappropriated resident property in a facility, the finding shall be included as part of the registry as well as a brief statement from the individual, if he or she chooses to make such a statement. The Department shall make information in the registry available to the public. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of the statement. (b) The Department shall add to or remove from the nurse aide registry records of findings as reported by the Inspector General under Section 6.2 of the Abused and Neglected Long Term Care Facility Residents Reporting Act. (Source: P.A. 91-598, eff. 1-1-00.) Section 99. Effective date. This Act takes effect on January 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1684 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2254 A bill for AN ACT concerning vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2254. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2254 as follows: on page 1, by replacing line 5 with the following: "changing Section 6-110"; and by deleting lines 10 through 33 on page 4 and all of pages 5, 6, 7, 8, 9, 10, 11, 12, and 13. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2254 was placed on the Calendar on the order of Concurrence.
41 [May 15, 2001] A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2259 A bill for AN ACT in relation to motor carriers. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2259. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2259 as follows: on page 8, line 4, after "load", by inserting "more than 8 feet wide but"; and on page 17, by replacing lines 14 through 34 with the following: "
[May 15, 2001] 42 distance of one highway mile for the purpose of loading, unloading, food, fuel, repairs, and rest, provided there is no sign prohibiting that access. (2) From a Class I or Class II highway onto any State highway or any locally designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest. (e-3) Combinations of vehicles over 65 feet in length operated by household goods carriers, with no overall length limitations except as provided in subsections (d) and (e) of this Section, have unlimited access to points of loading and unloading."; and on page 22, by deleting lines 1 through 11; and on page 43, by replacing lines 29 through 34 with the following: "
43 [May 15, 2001] A bill for AN ACT in relation to local government bonds. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2277. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2277 by replacing everything after the enacting clause with the following: "Section 5. The Local Government Debt Reform Act is amended by changing Sections 3, 9, 15, 16.5, and 17 and by adding Section 5.5 as follows: (30 ILCS 350/3) (from Ch. 17, par. 6903) Sec. 3. Definitions. In this Act words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended. (a) "Alternate bonds" means bonds issued in lieu of revenue bonds or payable from a revenue source as provided in Section 15. (b) "Applicable law" means any provision of law, including this Act, authorizing governmental units to issue bonds. (c) "Backdoor referendum" means the submission of a public question to the voters of a governmental unit, initiated by a petition of voters, residents or property owners of such governmental unit, to determine whether an action by the governing body of such governmental unit shall be effective, adopted or rejected. (d) "Bond" means any instrument evidencing the obligation to pay money authorized or issued by or on behalf of a governmental unit under applicable law, including without limitation, bonds, notes, installment or financing contracts, leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness. (e) "Debt service" on bonds means the amount of principal, interest and premium, if any, when due either at stated maturity or upon mandatory redemption. (f) "Enterprise revenues" means the revenues of a utility or revenue producing enterprise from which revenue bonds may be payable. (g) "General obligation bonds" means bonds of a governmental unit for the payment of which the governmental unit is empowered to levy ad valorem property taxes upon all taxable property in a governmental unit without limitation as to rate or amount. (h) "Governing body" means the legislative body, council, board, commission, trustees, or any other body, by whatever name it is known, having charge of the corporate affairs of a governmental unit. (h-5) "Governmental revenue source" means a revenue source that is either (1) federal or State funds that the governmental unit has received in some amount during each of the 3 fiscal years preceding the issuance of alternate bonds or (2) revenues to be received from another governmental unit under an intergovernmental cooperation agreement. (i) "Governmental unit" means a county, township, municipality, municipal corporation, unit of local government, school district, special district, public corporation, body corporate and politic, forest preserve district, fire protection district, conservation district, park district, sanitary district, and all other local governmental agencies, including any entity created by intergovernmental agreement among any of the foregoing governmental units, but does not include any office, officer, department, division, bureau, board, commission, university, or similar agency of the State. (j) "Ordinance" means an ordinance duly adopted by a governing body or, if appropriate under applicable law, a resolution so adopted. (k) "Revenue bonds" means any bonds of a governmental unit other
[May 15, 2001] 44 than general obligation bonds, but "revenue bonds" does include any debt authorized under Section 11-29.3-1 of the Illinois Municipal Code. (l) "Revenue source" means a source of funds, other than enterprise revenues, received or available to be received by a governmental unit and available for any one or more of its corporate purposes. (m) "Limited bonds" means bonds, excluding leases, notes, installment or financing contracts, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness, issued under Section 15.01 of this Act. (Source: P.A. 89-385, eff. 8-18-95; 89-658, eff. 1-1-97.) (30 ILCS 350/5.5 new) Sec. 5.5. Notices. (a) Whenever applicable law requires notice in connection with the issuance of bonds, the notice shall be sufficient if the notice appears above the name or title of the person required to give the notice. (b) Whenever applicable law requires any notice of a hearing or meeting held in connection with the issuance of bonds to be supplied to the members of the governing body or news media, such notice may be supplied by facsimile transmission (commonly referred to as fax) or electronic transmission (commonly referred to as e-mail). (30 ILCS 350/9) (from Ch. 17, par. 6909) Sec. 9. Provisions for interest. (a) The proceeds of bonds may be used to provide for the payment of interest upon such bonds for a period not to exceed the greater of 2 years or a period ending 6 months after the estimated date of completion of the acquisition and construction of the project or accomplishment of the purpose for which such bonds are issued. (b) In addition it shall be lawful for the governing body of any governmental unit issuing bonds to appropriate money for the purpose of paying interest on such bonds during the period stated in subsection (a) of this Section. Such appropriation may be made in the ordinance authorizing such bonds and shall be fully effective upon the effective date of such ordinance without any further notice, publication or approval whatsoever. (c) The governing body of any governmental unit may authorize the transfer of interest earned on any of the moneys of the governmental unit, including moneys set aside to pay debt service, into the fund of the governmental unit that is most in need of the interest. This subsection does not apply to any interest earned that has been earmarked or restricted by the governing body for a designated purpose. This subsection does not apply to any interest earned on any funds for the purpose of municipal retirement under the Illinois Pension Code and tort immunity under the Local Governmental and Governmental Employees Tort Immunity Act. Interest earned on those funds may be used only for the purposes authorized for the respective funds from which the interest earnings were derived. (Source: P.A. 85-1419.) (30 ILCS 350/15) (from Ch. 17, par. 6915) Sec. 15. Double-barrelled bonds. Whenever revenue bonds have been authorized to be issued pursuant to applicable law or whenever there exists for a governmental unit a revenue source, the procedures set forth in this Section may be used by a governing body. General obligation bonds may be issued in lieu of such revenue bonds as authorized, and general obligation bonds may be issued payable from any revenue source. Such general obligation bonds may be referred to as "alternate bonds". Alternate bonds may be issued without any referendum or backdoor referendum except as provided in this Section, upon the terms provided in Section 10 of this Act without reference to other provisions of law, but only upon the conditions provided in this Section. Alternate bonds shall not be regarded as or included in any computation of indebtedness for the purpose of any statutory provision or limitation except as expressly provided in this Section. Such conditions are: (a) Alternate bonds shall be issued for a lawful corporate purpose. If issued in lieu of revenue bonds, alternate bonds shall be
45 [May 15, 2001] issued for the purposes for which such revenue bonds shall have been authorized. If issued payable from a revenue source in the manner hereinafter provided, which revenue source is limited in its purposes or applications, then the alternate bonds shall be issued only for such limited purposes or applications. Alternate bonds may be issued payable from either enterprise revenues or revenue sources, or both. (b) Alternate bonds shall be subject to backdoor referendum. The provisions of Section 5 of this Act shall apply to such backdoor referendum, together with the provisions hereof. The authorizing ordinance shall be published in a newspaper of general circulation in the governmental unit. Along with or as part of the authorizing ordinance, there shall be published a notice of (1) the specific number of voters required to sign a petition requesting that the issuance of the alternate bonds be submitted to referendum, (2) the time when such petition must be filed, (3) the date of the prospective referendum, and (4), with respect to authorizing ordinances adopted on or after January 1, 1991, a statement that identifies any revenue source that will be used to pay debt service
[May 15, 2001] 46 bonds. (c-1) In the case of alternate bonds issued as variable rate bonds (including refunding bonds), debt service shall be projected based on the rate for the most recent date shown in the 20 G.O. Bond Index of average municipal bond yields as published in the most recent edition of The Bond Buyer published in New York, New York (or any successor publication or index, or if such publication or index is no longer published, then any index of long-term municipal tax-exempt bond yields selected by the governmental unit), as of the date of determination referred to in subsection (c) of this Section. Any interest or fees that may be payable to the provider of a letter of credit, line of credit, surety bond, bond insurance, or other credit enhancement relating to such alternate bonds and any fees that may be payable to any remarketing agent need not be taken into account for purposes of such projection. If the governmental unit enters into an agreement in connection with such alternate bonds at the time of issuance thereof pursuant to which the governmental unit agrees for a specified period of time to pay an amount calculated at an agreed-upon rate or index based on a notional amount and the other party agrees to pay the governmental unit an amount calculated at an agreed-upon rate or index based on such notional amount, interest shall be projected for such specified period of time on the basis of the agreed-upon rate payable by the governmental unit. (d) The determination of the sufficiency of enterprise revenues or a revenue source, as applicable, shall be supported by reference to the most recent audit of the governmental unit, which shall be for a fiscal year ending not earlier than 18 months previous to the time of issuance of the alternate bonds. If such audit does not adequately show such enterprise revenues or revenue source, as applicable, or if such enterprise revenues or revenue source, as applicable, are shown to be insufficient, then the determination of sufficiency shall be supported by the report of an independent accountant or feasibility analyst, the latter having a national reputation for expertise in such matters, demonstrating the sufficiency of such revenues and explaining, if appropriate, by what means the revenues will be greater than as shown in the audit. Whenever such sufficiency is demonstrated by reference to a schedule of higher rates or charges for enterprise revenues or a higher tax imposition for a revenue source, such higher rates, charges or taxes shall have been properly imposed by an ordinance adopted prior to the time of delivery of alternate bonds. The reference to and acceptance of an audit or report, as the case may be, and the determination of the governing body as to sufficiency of enterprise revenues or a revenue source shall be conclusive evidence that the conditions of this Section have been met and that the alternate bonds are valid. (e) The enterprise revenues or revenue source, as applicable, shall be in fact pledged to the payment of the alternate bonds; and the governing body shall covenant, to the extent it is empowered to do so, to provide for, collect and apply such enterprise revenues or revenue source, as applicable, to the payment of the alternate bonds and the provision of not less than an additional .25 (or .10 for governmental revenue sources) times debt service. The pledge and establishment of rates or charges for enterprise revenues, or the imposition of taxes in a given rate or amount, as provided in this Section for alternate bonds, shall constitute a continuing obligation of the governmental unit with respect to such establishment or imposition and a continuing appropriation of the amounts received. All covenants relating to alternate bonds and the conditions and obligations imposed by this Section are enforceable by any bondholder of alternate bonds affected, any taxpayer of the governmental unit, and the People of the State of Illinois acting through the Attorney General or any designee, and in the event that any such action results in an order finding that the governmental unit has not properly set rates or charges or imposed taxes to the extent it is empowered to do so or collected and applied enterprise revenues or any revenue source, as applicable, as required by this Act, the plaintiff in any such action shall be awarded
47 [May 15, 2001] reasonable attorney's fees. The intent is that such enterprise revenues or revenue source, as applicable, shall be sufficient and shall be applied to the payment of debt service on such alternate bonds so that taxes need not be levied, or if levied need not be extended, for such payment. Nothing in this Section shall inhibit or restrict the authority of a governing body to determine the lien priority of any bonds, including alternate bonds, which may be issued with respect to any enterprise revenues or revenue source. In the event that alternate bonds shall have been issued and taxes, other than a designated revenue source, shall have been extended pursuant to the general obligation, full faith and credit promise supporting such alternate bonds, then the amount of such alternate bonds then outstanding shall be included in the computation of indebtedness of the governmental unit for purposes of all statutory provisions or limitations until such time as an audit of the governmental unit shall show that the alternate bonds have been paid from the enterprise revenues or revenue source, as applicable, pledged thereto for a complete fiscal year. Alternate bonds may be issued to refund or advance refund alternate bonds without meeting any of the conditions set forth in this Section, except that the term of the refunding bonds shall not be longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds shall not exceed the debt service payable in such year on the refunded bonds. Once issued, alternate bonds shall be and forever remain until paid or defeased the general obligation of the governmental unit, for the payment of which its full faith and credit are pledged, and shall be payable from the levy of taxes as is provided in this Act for general obligation bonds. The changes made by this amendatory Act of 1990 do not affect the validity of bonds authorized before September 1, 1990. (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99; 91-493, eff. 8-13-99; 91-868, eff. 6-22-00.) (30 ILCS 350/16.5) Sec. 16.5. Proposition for bonds. For all elections held after July 1, 2000, the form of a proposition to authorize the issuance of bonds pursuant to either a referendum or backdoor referendum may be as set forth in this Section as an alternative to the form of proposition as otherwise set forth by applicable law. The proposition authorized by this Section shall be in substantially the following form: Shall (name of governmental unit) (state purpose for the bond issue) and issue its bonds to the amount of $ (state amount) for the purpose of paying the costs thereof? If a school district expects to receive a school construction grant from the State of Illinois
[May 15, 2001] 48 by a governmental unit under the terms of a bond designated as interest in the bond or the ordinance authorizing such bond shall be treated as interest for purposes of this Section (2) where portions of payments due under the terms of a bond have not been designated as interest in the bond or the ordinance authorizing such bond, and all or a portion of such payments is to be used for the payment of principal of and interest on other bonds of the governmental unit or bonds issued by another unit of local government, such as a public building commission, the payments equal to interest due on such corresponding bonds shall be treated as interest for purposes of this Section and (3) where portions of payments due under the terms of a bond have not been designated as interest in the bond or ordinance authorizing such bond and no portion of any such payment is to be used for the payment of principal of and interest on other bonds of the governmental unit or another unit of local government, a portion of each payment due under the terms of such bond shall be treated as interest for purposes of this Section; such portion shall be equal in amount to the interest that would have been paid on a notional obligation of the governmental unit (bearing interest at the highest rate permitted by law for bonds of the governmental unit at the time the bond was issued or, if no such limit existed, 12%) on which the payments of principal and interest were due at the same times and in the same amounts as payments are due under the terms of the bonds. The rule set forth in this Section shall be applicable to all interest no matter when earned or accrued or at what interval paid, and whether or not a bond bears interest which compounds at certain intervals. For purposes of bonds sold at amounts less than 95% of their stated value at maturity, interest for purposes of this Section includes the difference between the amount set forth on the face of the bond as the original principal amount and the bond's stated value at maturity. This subsection may be made applicable to bonds issued prior to the effective date of this Act by passage of an ordinance to such effect by the governing body of a governmental unit. (b) Purchase or lease of property. The governing body of each governmental unit may purchase or lease either real or personal property, including investments, investment agreements, or investment services, through agreements that provide that the consideration for the purchase or lease may be paid through installments made at stated intervals for a period of no more than 20 years or another period of time authorized by law, whichever is greater; provided, however, that investments, investment agreements, or investment services purchased in connection with a bond issue may be paid through installments made at stated intervals for a period of time not in excess of the maximum term of such bond issue. Each governmental unit may issue certificates evidencing the indebtedness incurred under the lease or agreement. The governing body may provide for the treasurer, comptroller, finance officer, or other officer of the governing body charged with financial administration to act as counter-party to any such lease or agreement, as nominee lessor or seller. When the lease or agreement is executed by the officer of the governmental unit authorized by the governing body to bind the governmental unit thereon by the execution thereof and is filed with and executed by the nominee lessor or seller, the lease or agreement shall be sufficiently executed so as to permit the governmental unit to issue certificates evidencing the indebtedness incurred under the lease or agreement. The certificates shall be valid whether or not an appropriation with respect thereto is included in any annual or supplemental budget adopted by the governmental unit. From time to time, as the governing body executes contracts for the purpose of acquiring and constructing the services or real or personal property that is a part of the subject of the lease or agreement, including financial, legal, architectural, and engineering services related to the lease or agreement, the governing body shall order the contracts filed with its nominee officer, and that officer shall identify the contracts to the lease or agreement; that identification shall permit the payment of the contract from the proceeds of the certificates; and the nominee officer shall duly apply or cause to be applied proceeds of
49 [May 15, 2001] the certificates to the payment of the contracts. The governing body of each governmental unit may sell, lease, convey, and reacquire either real or personal property, or any interest in real or personal property, upon any terms and conditions and in any manner, as the governing body shall determine, if the governmental unit will lease, acquire by purchase agreement, or otherwise reacquire the property, as authorized by this subsection or any other applicable law. All indebtedness incurred under this subsection, when aggregated with the existing indebtedness of the governmental unit, may not exceed the debt limits provided by applicable law. (Source: P.A. 91-493, eff. 8-13-99; 91-868, eff. 6-22-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2277 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2290 A bill for AN ACT concerning vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2290. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2290 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 11-501 as follows: (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2; (2) under the influence of alcohol; (3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving; (5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or (6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful
[May 15, 2001] 50 use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act. (b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section. (c) Except as provided under paragraphs (c-3) and (d) of this Section, every person convicted of violating this Section or a similar provision of a local ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this Section or a similar provision of a law of another state or local ordinance committed within 5 years of a previous violation of this Section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment or assigned to a minimum of 100 hours of community service as may be determined by the court. Every person convicted of violating this Section or a similar provision of a local ordinance shall be subject to a mandatory minimum fine of $500 and a mandatory 5 days of community service in a program benefiting children if the person committed a violation of paragraph (a) or a similar provision of a local ordinance while transporting a person under age 16. Every person convicted a second time for violating this Section or a similar provision of a local ordinance within 5 years of a previous violation of this Section or a similar provision of a law of another state or local ordinance shall be subject to a mandatory minimum fine of $500 and 10 days of mandatory community service in a program benefiting children if the current offense was committed while transporting a person under age 16. The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. (c-1) (1) A person who violates this Section during a period in which his or her driving privileges are revoked or suspended, where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 4 felony. (2) A person who violates this Section a third time during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 3 felony. (3) A person who violates this Section a fourth or subsequent time during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 2 felony. (c-2) (Blank). (c-3) Every person convicted of violating this Section or a similar provision of a local ordinance who had a child under age 16 in the vehicle at the time of the offense shall have his or her punishment under this Act enhanced by 2 days of imprisonment for a first offense, 10 days of imprisonment for a second offense, 30 days of imprisonment for a third offense, and 90 days of imprisonment for a fourth or subsequent offense, in addition to the fine and community service required under subsection (c) and the possible imprisonment required under subsection (d). The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. (d) (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
51 [May 15, 2001] (A) the person committed a violation of this Section, or a similar provision of a law of another state or a local ordinance when the cause of action is the same as or substantially similar to this Section, for the third or subsequent time; (B) the person committed a violation of paragraph (a) while driving a school bus with children on board; (C) the person in committing a violation of paragraph (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries; or (D) the person committed a violation of paragraph (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) of this paragraph (1). (2) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is a Class 4 felony. For
[May 15, 2001] 52 law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State. This shall include, but is not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers. Any moneys received by the Department of State Police under this subsection (j) shall be deposited into the State Police DUI Fund and shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State. (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2290 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2300 A bill for AN ACT concerning criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2300. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2300 as follows: on page 6, by replacing lines 3 and 4 with the following: "twice been convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class 2 or greater Class felony
53 [May 15, 2001] to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2315. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2315 as follows: on page 1, by inserting between lines 3 and 4 the following: "Section 2. The Firearm Owners Identification Card Act is amended by adding Section 3.2 as follows: (430 ILCS 65/3.2 new) Sec. 3.2. List of prohibited projectiles; notice to dealers. Prior to January 1, 2002, the Department of State Police shall list on the Department's World Wide Web site all firearm projectiles that are prohibited under Sections 24-2.1, 24-2.2, and 24-3.2 of the Criminal Code of 1961, together with a statement setting forth the sentence that may be imposed for violating those Sections. The Department of State Police shall, prior to January 1, 2002, send a list of all firearm projectiles that are prohibited under Sections 24-2.1, 24-2.2, and 24-3.2 of the Criminal Code of 1961 to each federally licensed firearm dealer in Illinois registered with the Department."; and on page 2, line 10, by replacing "fire-stabilized" with "fin-stabilized"; and on page 2, line 11, by replacing "sold" with "solid"; and on page 6, below line 9, by adding the following: "Section 99. Effective date. This Act takes effect on January 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2315 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2436 A bill for AN ACT concerning higher education. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2436. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2436 as follows: on page 1, line 5, by replacing "9, and 10" with "and 9"; and on page 3, lines 25 and 26, by replacing "to meet the obligation incurred by accepting funding" with "for at least one year for each year of scholarship assistance received"; and on page 5, line 19, by replacing "full-time" with "
[May 15, 2001] 54
55 [May 15, 2001] to determine the full-time scholarship amount for students pursuing an associate degree or diploma in nursing at an Illinois community college. Scholarship amounts for students pursuing associate or baccalaureate degrees in nursing at a college or university shall include 75% of the weighted tuition and fees charged by public universities in Illinois plus the uniform living allowance reported in the weighted MAP budget. Scholarship amounts for students in practical nursing programs shall include 75% of the average of tuition charges at all practical nursing programs plus the uniform living allowance reported in the weighted MAP budget.
[May 15, 2001] 56 by replacing everything after the enacting clause with the following: "Section 5. The Humane Care for Animals Act is amended by changing Sections 4.01, 4.02, and 16 as follows: (510 ILCS 70/4.01) (from Ch. 8, par. 704.01) Sec. 4.01. (a) No person may own, capture, breed, train, or lease any animal which he or she knows
57 [May 15, 2001] such belief, that the property so taken was used or employed, or was about to be used or employed, in such violation of Section 4.01 of this Act. He shall thereupon deliver the property so taken to the court, which shall, by order, place the same in custody of an officer or other proper person named and designated in such order, to be kept by him until the conviction or final discharge of such person complained against, and shall send a copy of such order without delay to the State's attorney of the county and the Department. The officer or person so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which such person so complained against may be required to appear for trial. Upon the conviction of the person so charged, all property so seized shall be adjudged by the court to be forfeited and shall thereupon be destroyed or otherwise disposed of as the court may order. In the event of the acquittal or final discharge without conviction of the person so charged such court shall, on demand, direct the delivery of such property so held in custody to the owner thereof. (b) Any veterinarian in this State who is presented with an animal for treatment of injuries or wounds resulting from fighting where there is a reasonable possibility that the animal was engaged in or utilized for a fighting event shall file a report with the Department and cooperate by furnishing the owners' names, dates and descriptions of the animal or animals involved. Any veterinarian who in good faith makes a report, as required by this subsection (b), shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. For the purposes of any proceedings, civil or criminal, the good faith of any such veterinarian shall be presumed. (Source: P.A. 84-723.) (510 ILCS 70/16) (from Ch. 8, par. 716) Sec. 16. Violations; punishment; injunctions. (a) Any person convicted of violating Sections 5, 5.01, or 6 of this Act or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class C misdemeanor. (b)(1) This subsection (b) does not apply where the only animals involved in the violation are dogs. (2) Any person convicted of violating subsection (a), (b), (c) or (h) of Section 4.01 of this Act or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class A misdemeanor. (3) A second or subsequent offense involving the violation of subsection (a), (b) or (c) of Section 4.01 of this Act or any rule, regulation, or order of the Department pursuant thereto is a Class 4 felony. (4) Any person convicted of violating subsection (d), (e) or (f) of Section 4.01 of this Act or any rule, regulation, or order of the Department pursuant thereto, is guilty of a Class B misdemeanor. (5) Any person convicted of violating subsection (g) of Section 4.01 of this Act or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class C misdemeanor. (c)(1) This subsection (c) applies exclusively where the only animals involved in the violation are dogs. (2) Any person convicted of violating subsection (a), (b) or (c) of Section 4.01 of this Act or any rule, regulation or order of the Department pursuant thereto is guilty of a Class 4 felony and may be fined an amount not to exceed $50,000. A person who knowingly owns a dog for fighting purposes or for producing a fight between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a dog bred for fighting is guilty of a Class 3 felony if any of the following factors is present: (i) the dogfight is performed in the presence of a person under 18 years of age; (ii) the dogfight is performed for the purpose of or in the presence of illegal wagering activity; or (iii) the dogfight is performed in furtherance of streetgang
[May 15, 2001] 58 related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (3) Any person convicted of violating subsection (d)
59 [May 15, 2001] (g) Any person convicted of violating Section 3.03 is guilty of a Class 4 felony. A second or subsequent offense is a Class 3 felony. As a condition of the sentence imposed under this Section, the court shall order the offender to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation. (Source: P.A. 90-14, eff. 7-1-97; 90-80, eff. 7-10-97; 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; 91-357, eff. 7-29-99; revised 8-30-99.) Section 10. The Criminal Code of 1961 is amended by adding Section 26-5 as follows: (720 ILCS 5/26-5 new) Sec. 26-5. Dog fighting. (a) No person may own, capture, breed, train, or lease any dog which he or she knows is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between the dog and any other animal or human, or the intentional killing of any dog for the purpose of sport, wagering, or entertainment. (b) No person may promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment of any show, exhibition, program, or other activity involving a fight between 2 or more dogs or any dog and human, or the intentional killing of any dog. (c) No person may sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any dog which he or she knows has been captured, bred, or trained, or will be used, to fight another dog or human or be intentionally killed for purposes of sport, wagering, or entertainment. (d) No person may manufacture for sale, shipment, transportation, or delivery any device or equipment which he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more dogs, or any human and dog, or the intentional killing of any dog for purposes of sport, wagering, or entertainment. (e) No person may own, possess, sell or offer for sale, ship, transport, or otherwise move any equipment or device which he or she knows or should know is intended for use in connection with any show, exhibition, program, or activity featuring or otherwise involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog for purposes of sport, wagering or entertainment. (f) No person may knowingly make available any site, structure, or facility, whether enclosed or not, that he or she knows is intended to be used for the purpose of conducting any show, exhibition, program, or other activity involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog or knowingly manufacture, distribute, or deliver fittings to be used in a fight between 2 or more dogs or a dog and human. (g) No person may attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between 2 or more dogs, or any dog and human, or the intentional killing of any dog for purposes of sport, wagering, or entertainment. (h) No person may tie or attach or fasten any live animal to any machine or device propelled by any power for the purpose of causing the animal to be pursued by a dog or dogs. This subsection (h) applies only when the dog is intended to be used in a dog fight. (i)(1) Any person convicted of violating subsection (a), (b) or (c) of this Section is guilty of a Class 4 felony and may be fined an amount not to exceed $50,000. A person who knowingly owns a dog for fighting purposes or for producing a fight between 2 or more dogs or a dog and human or who knowingly offers for sale or sells a dog bred for fighting is guilty of a Class 3 felony if any of the following factors is present: (i) the dogfight is performed in the presence of a person under 18 years of age; (ii) the dogfight is performed for the purpose of or in the
[May 15, 2001] 60 presence of illegal wagering activity; or (iii) the dogfight is performed in furtherance of streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (2) Any person convicted of violating subsection (d) of (e) of this Section is guilty of Class A misdemeanor if he or she knew or should have known that the device or equipment under subsection (d) or (e) of this Section was to be used to carry out a violation where the only animals involved were dogs. If the person did not know or should not reasonably have been expected to know that the only animals involved in the violation were dogs, the penalty is a Class B misdemeanor. (2.5) Any person convicted of violating subsection (f) of this Section is guilty of a Class 4 felony. (3) Any person convicted of violating subsection (g) of this Section is guilty of a Class C misdemeanor. (4) A second or subsequent violation of subsection (a), (b), or (c) of this Section is a Class 3 felony. A second or subsequent violation of subsection (d) or (e) of this Section is a Class 3 felony, if in each violation the person knew or should have known that the device or equipment under subsection (d) or (e) of this Section was to be used to carry out a violation where the only animals involved were dogs. If the person did not know or should not reasonably have been expected to know that the only animals involved in the violation were dogs, a second or subsequent violation of subsection (d) or (e) of this Section is a Class A misdemeanor. A second or subsequent violation of subsection (g) of this Section is a Class B misdemeanor.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2440 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2538 A bill for AN ACT concerning certain financial institutions. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2538. Senate Amendment No. 2 to HOUSE BILL NO. 2538. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2538 on page 5, line 2, by deleting ", and adding Section 48.7"; and on page 89 by deleting lines 21 through 31; and on page 97, line 31, by changing "Sections 7-3.2 and 7-3.3" to "Section 7-3.2"; and on page 112 by deleting lines 16 through 28; and on page 113, line 2, by deleting "1006,"; and on page 113 by deleting lines 5 through 33; and on page 114 by deleting lines 1 through 27.
61 [May 15, 2001] AMENDMENT NO. 2. Amend House Bill 2538, AS AMENDED, on page 113, line 3, by changing "Sections 5010 and" to "Section"; and on page 127 by deleting lines 20 through 29. The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2538 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2602 A bill for AN ACT with regard to vehicles. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2602. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2602 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 6-305 as follows: (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305) Sec. 6-305. Renting motor vehicle to another. (a) No person shall rent a motor vehicle to any other person unless the latter person, or a driver designated by a nondriver with disabilities and meeting any minimum age and driver's record requirements that are uniformly applied by the person renting a motor vehicle, is then duly licensed hereunder or, in the case of a nonresident, then duly licensed under the laws of the State or country of his residence unless the State or country of his residence does not require that a driver be licensed. (b) No person shall rent a motor vehicle to another until he has inspected the drivers license of the person to whom the vehicle is to be rented, or by whom it is to be driven, and compared and verified the signature thereon with the signature of such person written in his presence unless, in the case of a nonresident, the State or country wherein the nonresident resides does not require that a driver be licensed. (c) No person shall rent a motorcycle to another unless the latter person is then duly licensed hereunder as a motorcycle operator, and in the case of a nonresident, then duly licensed under the laws of the State or country of his residence, unless the State or country of his residence does not require that a driver be licensed. (d) (Blank). (e) (Blank). (f) Any person who rents a motor vehicle to another shall only advertise, quote, and charge a rental rate that includes the entire amount except taxes and a mileage charge, if any, which a renter must pay to hire or lease the vehicle for the period of time to which the rental rate applies. Such person shall not charge in addition to the rental rate, taxes, and mileage charge, if any, any fee which must be paid by the renter as a condition of hiring or leasing the vehicle,
[May 15, 2001] 62 such as, but not limited to, required fuel or airport surcharges, nor any fee for transporting the renter to the location where the rented vehicle will be delivered to the renter. In addition to the rental rate, taxes, and mileage charge, if any, such person may charge for an item or service provided in connection with a particular rental transaction if the renter can avoid incurring the charge by choosing not to obtain or utilize the optional item or service. Items and services for which such person may impose an additional charge include, but are not limited to, optional insurance and accessories requested by the renter, service charges incident to the renter's optional return of the vehicle to a location other than the location where the vehicle was hired or leased, and charges for refueling the vehicle at the conclusion of the rental transaction in the event the renter did not return the vehicle with as much fuel as was in the fuel tank at the beginning of the rental. (g) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license, if any, of said latter person, and the date and place when and where the license, if any, was issued. Such record shall be open to inspection by any police officer or designated agent of the Secretary of State. (h) A person licensed as a new car dealer under Section 5-101 of this Code shall not be subject to the provisions of this Section regarding the rental of private passenger motor vehicles when providing, free of charge, temporary substitute vehicles for customers to operate during a period when a customer's vehicle, which is either leased or owned by that customer, is being repaired, serviced, replaced or otherwise made unavailable to the customer in accordance with an agreement with the licensed new car dealer or vehicle manufacturer, so long as the customer orally or in writing is made aware that the temporary substitute vehicle will be covered by his or her insurance policy and the customer shall only be liable to the extent of any amount deductible from such insurance coverage in accordance with the terms of the policy. (i) This Section, except the requirements of subsection (g), also applies to rental agreements of 30 continuous days or less involving a motor vehicle that was delivered by an out of State person or business to a renter in this State. (j) A public airport may, if approved by its local government corporate authorities or its airport authority, impose a customer facility charge upon customers of rental car companies for the purposes of financing, designing, constructing, operating, and maintaining consolidated car rental facilities and common use transportation equipment and facilities, which are used to transport the customer, connecting consolidated car rental facilities with other airport facilities. Notwithstanding subsection (f) of this Section, the customer facility charge shall be collected by the rental car company as a separate charge, and clearly indicated as a separate charge on the rental agreement and invoice. Facility charges shall be immediately deposited into a trust account for the benefit of the airport and remitted at the direction of the airport, but not more often than once per month. The charge shall be uniformly calculated on a per-contract or per-day basis. Facility charges imposed by the airport may not exceed the reasonable costs of financing, designing, constructing, operating, and maintaining the consolidated car rental facilities and common use transportation equipment and facilities and may not be used for any other purpose. Notwithstanding any other provision of law, the charges collected under this Section are not subject to retailer occupation, sales, use, or transaction taxes. (k) When a rental car company states a rental rate in any of its rate advertisements, its proprietary computer reservation systems, or its in-person quotations intended to apply to an airport rental, a company that collects from its customers a customer facility charge for
63 [May 15, 2001] that rental under subsection (j) shall do all of the following: (1) Clearly and conspicuously disclose in any radio, television, or other electronic media advertisements the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge. (2) Clearly and conspicuously disclose in any print rate advertising the existence and amount of the charge if the advertisement is intended for rentals at an airport imposing the charge or, if the print rate advertisement covers an area with multiple airports with different charges, a range of amounts of customer facility charges if the advertisement is intended for rentals at an airport imposing the charge. (3) Clearly and conspicuously disclose the existence and amount of the charge in any telephonic, in-person, or computer-transmitted quotation from the rental car company's proprietary computer reservation system at the time of making an initial quotation of a rental rate if the quotation is made by a rental car company location at an airport imposing the charge and at the time of making a reservation of a rental car if the reservation is made by a rental car company location at an airport imposing the charge. (4) Clearly and conspicuously display the charge in any proprietary computer-assisted reservation or transaction directly between the rental car company and the customer, shown or referenced on the same page on the computer screen viewed by the customer as the displayed rental rate and in a print size not smaller than the print size of the rental rate. (5) Clearly and conspicuously disclose and separately identify the existence and amount of the charge on its rental agreement. (6) A rental car company that collects from its customers a customer facility charge under subsection (j) and engages in a practice which does not comply with subsections (f), (j), and (k) commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. (Source: P.A. 89-248, eff. 8-4-95; 90-113, eff. 7-14-97.) Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows: (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act,
[May 15, 2001] 64 Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2844 A bill for AN ACT in relation to criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2844. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2844 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Unified Code of Corrections is amended by changing Sections 3-3-7 and 3-3-9 as follows: (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) Sec. 3-3-7. Conditions of Parole or Mandatory Supervised Release. (a) The conditions of parole or mandatory supervised release shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-abiding life. The conditions of every parole and mandatory supervised release are that the subject: (1) not violate any criminal statute of any jurisdiction during the parole or release term;
65 [May 15, 2001] supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections; and (15) follow any specific instructions provided by the parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate. (b) The Board may in addition to other conditions require that the subject: (1) work or pursue a course of study or vocational training; (2) undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism; (3) attend or reside in a facility established for the instruction or residence of persons on probation or parole; (4) support his dependents; (5) (blank);
[May 15, 2001] 66 and the parole term, less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked; (B) For those subject to mandatory supervised release under paragraph (d) of Section 5-8-1 of this Code, the recommitment shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the sentence imposed by the court which was not served due to the accumulation of good conduct credit. (ii) the person shall be given credit against the term of reimprisonment or reconfinement for time spent in custody since he was paroled or released which has not been credited against another sentence or period of confinement; (iii) persons committed under the Juvenile Court Act or the Juvenile Court Act of 1987 shall be recommitted until the age of 21; (iv) this Section is subject to the release under supervision and the reparole and rerelease provisions of Section 3-3-10. (b) The Board may revoke parole or mandatory supervised release for violation of a condition for the duration of the term and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration. The issuance of a warrant of arrest for an alleged violation of the conditions of parole or mandatory supervised release shall toll the running of the term until the final determination of the charge, but where parole or mandatory supervised release is not revoked that period shall be credited to the term. (c) A person charged with violating a condition of parole or mandatory supervised release shall have a preliminary hearing before a hearing officer designated by the Board to determine if there is cause to hold the person for a revocation hearing. However, no preliminary hearing need be held when revocation is based upon new criminal charges and a court finds probable cause on the new criminal charges or when the revocation is based upon a new criminal conviction and a certified copy of that conviction is available. (d) Parole or mandatory supervised release shall not be revoked without written notice to the offender setting forth the violation of parole or mandatory supervised release charged against him. (e) A hearing on revocation shall be conducted before at least one member of the Prisoner Review Board. The Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board. In consideration of persons committed to the Juvenile Division, the member hearing the matter and at least a majority of the panel shall be experienced in juvenile matters. A record of the hearing shall be made. At the hearing the offender shall be permitted to: (1) appear and answer the charge; and (2) bring witnesses on his behalf. (f) The Board shall either revoke parole or mandatory supervised release or order the person's term continued with or without modification or enlargement of the conditions. (g) Parole or mandatory supervised release shall not be revoked for failure to make payments under the conditions of parole or release unless the Board determines that such failure is due to the offender's willful refusal to pay. (Source: P.A. 85-1209.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2844 was placed on the Calendar on the order of Concurrence.
67 [May 15, 2001] A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2845 A bill for AN ACT in relation to criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2845. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2845 by replacing the title with the following: "AN ACT concerning police officers."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Police Training Act is amended by changing Section 3 as follows: (50 ILCS 705/3) (from Ch. 85, par. 503) Sec. 3. Board - composition - appointments - tenure - vacancies. The Board shall be composed of 19
[May 15, 2001] 68 HOUSE BILL 3014 A bill for AN ACT concerning radon. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3014. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3014, by replacing the title with the following: "AN ACT concerning radioactive materials."; and before Section 5, by inserting the following: "Section 3. The Radiation Protection Act of 1990 is amended by changing Section 3 and by adding Section 49 as follows: (420 ILCS 40/3) (from Ch. 111 1/2, par. 210-3) (Section scheduled to be repealed on January 1, 2011) Sec. 3. Purpose. It is the purpose of this Act to effectuate the policies set forth in Section 2 by providing for: (1) a program of effective regulation of radiation sources for the protection of human health, welfare and safety; (2) a program to promote an orderly regulatory pattern within the State, among the States and between the Federal Government and the State and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized; (3) a program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source and special nuclear materials;
69 [May 15, 2001] A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3055 A bill for AN ACT in relation to children. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3055. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3055 by replacing lines 4 through 31 on page 1 and lines 1 through 29 on page 2 with the following: "Section 5. The Illinois School Student Records Act is amended by changing Section 2 as follows: (105 ILCS 10/2) (from Ch. 122, par. 50-2) Sec. 2. As used in this Act, (a) "Student" means any person enrolled or previously enrolled in a school. (b) "School" means any public preschool, day care center, kindergarten, nursery, elementary or secondary educational institution, vocational school, special educational facility or any other elementary or secondary educational agency or institution and any person, agency or institution which maintains school student records from more than one school, but does not include a private or non-public school. (c) "State Board" means the State Board of Education. (d) "School Student Record" means any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored. The following shall not be deemed school student records under this Act: writings or other recorded information maintained by an employee of a school or other person at the direction of a school for his or her exclusive use; provided that all such writings and other recorded information are destroyed not later than the student's graduation or permanent withdrawal from the school; and provided further that no such records or recorded information may be released or disclosed to any person except a person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of the provisions of this Act. School student records shall not include information maintained by law enforcement professionals working in the school. (e) "Student Permanent Record" means the minimum personal information necessary to a school in the education of the student and contained in a school student record. Such information may include the student's name, birth date, address, grades and grade level, parents' names and addresses, attendance records, and such other entries as the State Board may require or authorize. (f) "Student Temporary Record" means all information contained in a school student record but not contained in the student permanent record. Such information may include family background information, intelligence test scores, aptitude test scores, psychological and personality test results, teacher evaluations, and other information of clear relevance to the education of the student, all subject to
[May 15, 2001] 70 regulations of the State Board. The information shall include information provided under Section 8.6 of the Abused and Neglected Child Reporting Act. In addition, the student temporary record shall include information regarding serious disciplinary infractions that resulted in expulsion, suspension, or the imposition of punishment or sanction. For purposes of this provision, serious disciplinary infractions means: infractions involving drugs, weapons, or bodily harm to another. (g) "Parent" means a person who is the natural parent of the student or other person who has the primary responsibility for the care and upbringing of the student. All rights and privileges accorded to a parent under this Act shall become exclusively those of the student upon his 18th birthday, graduation from secondary school, marriage or entry into military service, whichever occurs first. Such rights and privileges may also be exercised by the student at any time with respect to the student's permanent school record. (Source: P.A. 90-590, eff. 1-1-00.)"; and on page 2, line 31, by changing "Sections 7.8 and 7.9" to "Section 7.9"; and on page 3, by deleting lines 1 through 30; and on page 4, by replacing lines 26 through 32 with the following: "Sec. 8.6. Reports to a child's school. Within 10 days after completing an investigation of alleged physical or sexual abuse under this Act, if the report is indicated, the Child Protective Service Unit shall send a copy of its final finding report to the school that the child who is the indicated victim of the report attends. If the final finding report is sent during the summer when the school is not in session, the report shall be sent to the last school that the child attended. The final finding report shall be sent as "confidential", and the school shall be responsible for ensuring that the report remains confidential in accordance with the Illinois School Student Records Act. If an indicated finding is overturned in an appeal or hearing, or if the Department has made a determination that the child is no longer at risk of physical or sexual harm, the Department shall request that the final finding report be purged from the student's record, and the school shall purge the final finding report from the student's record and return the report to the Department. If an indicated report is expunged from the central register, and that report has been sent to a child's school, the Department shall request that the final finding report be purged from the student's record, and the school shall purge the final finding report from the student's record and return the report to the Department."; and on page 5, by deleting lines 1 and 2. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3055 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3137 A bill for AN ACT regarding schools. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3137.
71 [May 15, 2001] Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3137 on page 2, line 5, after "breathing.", by inserting "The training shall be in accordance with standards of the American Red Cross, the American Heart Association, or another nationally recognized certifying organization.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3137 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3145 A bill for AN ACT concerning presidential electors. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3145. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3145 on page 1, in line 7 by replacing "reimbursement" with "allowance"; and on page 1, by replacing lines 17 through 28 with the following: "an allowance for food and lodging equal to the amount per day permitted to be deducted for such expenses under the Internal Revenue Code, plus a mileage allowance at the rate in effect under regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for the number of highway miles necessarily and conveniently traveled, for
[May 15, 2001] 72 A bill for AN ACT in relation to taxes. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3288. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3288 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Income Tax Act is amended by changing Sections 201, 202, 203, 209, 303, 502, 506, 701, 710, 905, 911, and 1501 as follows: (35 ILCS 5/201) (from Ch. 120, par. 2-201) Sec. 201. Tax Imposed. (a) In general. A tax measured by net income is hereby imposed on every individual, corporation, trust and estate for each taxable year ending after July 31, 1969 on the privilege of earning or receiving income in or as a resident of this State. Such tax shall be in addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof. (b) Rates. The tax imposed by subsection (a) of this Section shall be determined as follows, except as adjusted by subsection (d-1): (1) In the case of an individual, trust or estate, for taxable years ending prior to July 1, 1989, an amount equal to 2 1/2% of the taxpayer's net income for the taxable year. (2) In the case of an individual, trust or estate, for taxable years beginning prior to July 1, 1989 and ending after June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 3% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3. (3) In the case of an individual, trust or estate, for taxable years beginning after June 30, 1989, an amount equal to 3% of the taxpayer's net income for the taxable year. (4) (Blank). (5) (Blank). (6) In the case of a corporation, for taxable years ending prior to July 1, 1989, an amount equal to 4% of the taxpayer's net income for the taxable year. (7) In the case of a corporation, for taxable years beginning prior to July 1, 1989 and ending after June 30, 1989, an amount equal to the sum of (i) 4% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 4.8% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3. (8) In the case of a corporation, for taxable years beginning after June 30, 1989, an amount equal to 4.8% of the taxpayer's net income for the taxable year. (c) Beginning on July 1, 1979 and thereafter, in addition to such income tax, there is also hereby imposed the Personal Property Tax Replacement Income Tax measured by net income on every corporation (including Subchapter S corporations), partnership and trust, for each taxable year ending after June 30, 1979. Such taxes are imposed on the privilege of earning or receiving income in or as a resident of this State. The Personal Property Tax Replacement Income Tax shall be in addition to the income tax imposed by subsections (a) and (b) of this Section and in addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political
73 [May 15, 2001] subdivision thereof. (d) Additional Personal Property Tax Replacement Income Tax Rates. The personal property tax replacement income tax imposed by this subsection and subsection (c) of this Section in the case of a corporation, other than a Subchapter S corporation and except as adjusted by subsection (d-1), shall be an additional amount equal to 2.85% of such taxpayer's net income for the taxable year, except that beginning on January 1, 1981, and thereafter, the rate of 2.85% specified in this subsection shall be reduced to 2.5%, and in the case of a partnership, trust or a Subchapter S corporation shall be an additional amount equal to 1.5% of such taxpayer's net income for the taxable year. (d-1) Rate reduction for certain foreign insurers. In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose premiums from reinsurance assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination premiums from reinsurance do not include premiums from inter-affiliate reinsurance arrangements), beginning with taxable years ending on or after December 31, 1999, the sum of the rates of tax imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer's net income allocable to Illinois for the taxable year by such foreign insurer's state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer's state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer's state of domicile. For the purposes of this subsection (d-1), an inter-affiliate includes a mutual insurer under common management. (1) For the purposes of subsection (d-1), in no event shall the sum of the rates of tax imposed by subsections (b) and (d) be reduced below the rate at which the sum of: (A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code, equals 1.25% of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code. This paragraph will in no event increase the rates imposed under subsections (b) and (d). (2) Any reduction in the rates of tax imposed by this subsection shall be applied first against the rates imposed by subsection (b) and only after the tax imposed by subsection (a) net of all credits allowed under this Section other than the credit allowed under subsection (i) has been reduced to zero, against the rates imposed by subsection (d). This subsection (d-1) is exempt from the provisions of Section 250. (e) Investment credit. A taxpayer shall be allowed a credit against the Personal Property Tax Replacement Income Tax for investment in qualified property. (1) A taxpayer shall be allowed a credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1984. There shall be allowed an additional credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1986, and the taxpayer's base employment within Illinois has increased by 1% or more over the preceding year as
[May 15, 2001] 74 determined by the taxpayer's employment records filed with the Illinois Department of Employment Security. Taxpayers who are new to Illinois shall be deemed to have met the 1% growth in base employment for the first year in which they file employment records with the Illinois Department of Employment Security. The provisions added to this Section by Public Act 85-1200 (and restored by Public Act 87-895) shall be construed as declaratory of existing law and not as a new enactment. If, in any year, the increase in base employment within Illinois over the preceding year is less than 1%, the additional credit shall be limited to that percentage times a fraction, the numerator of which is .5% and the denominator of which is 1%, but shall not exceed .5%. The investment credit shall not be allowed to the extent that it would reduce a taxpayer's liability in any tax year below zero, nor may any credit for qualified property be allowed for any year other than the year in which the property was placed in service in Illinois. For tax years ending on or after December 31, 1987, and on or before December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit years if the taxpayer (i) makes investments which cause the creation of a minimum of 2,000 full-time equivalent jobs in Illinois, (ii) is located in an enterprise zone established pursuant to the Illinois Enterprise Zone Act and (iii) is certified by the Department of Commerce and Community Affairs as complying with the requirements specified in clause (i) and (ii) by July 1, 1986. The Department of Commerce and Community Affairs shall notify the Department of Revenue of all such certifications immediately. For tax years ending after December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit years. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, earlier credit shall be applied first. (2) The term "qualified property" means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings and signs that are real property, but not including land or improvements to real property that are not a structural component of a building such as landscaping, sewer lines, local access roads, fencing, parking lots, and other appurtenances; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (e); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; (D) is used in Illinois by a taxpayer who is primarily engaged in manufacturing, or in mining coal or fluorite, or in retailing; and (E) has not previously been used in Illinois in such a manner and by such a person as would qualify for the credit provided by this subsection (e) or subsection (f). (3) For purposes of this subsection (e), "manufacturing" means the material staging and production of tangible personal property by procedures commonly regarded as manufacturing, processing, fabrication, or assembling which changes some existing material into new shapes, new qualities, or new combinations. For purposes of this subsection (e) the term "mining" shall have the
75 [May 15, 2001] same meaning as the term "mining" in Section 613(c) of the Internal Revenue Code. For purposes of this subsection (e), the term "retailing" means the sale of tangible personal property or services rendered in conjunction with the sale of tangible consumer goods or commodities. (4) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (5) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (6) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (7) If during any taxable year, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside Illinois within 48 months after being placed in service, the Personal Property Tax Replacement Income Tax for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation and, (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (7), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (8) Unless the investment credit is extended by law, the basis of qualified property shall not include costs incurred after December 31, 2003, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2003. (9) Each taxable year ending before December 31, 2000, a partnership may elect to pass through to its partners the credits to which the partnership is entitled under this subsection (e) for the taxable year. A partner may use the credit allocated to him or her under this paragraph only against the tax imposed in subsections (c) and (d) of this Section. If the partnership makes that election, those credits shall be allocated among the partners in the partnership in accordance with the rules set forth in Section 704(b) of the Internal Revenue Code, and the rules promulgated under that Section, and the allocated amount of the credits shall be allowed to the partners for that taxable year. The partnership shall make this election on its Personal Property Tax Replacement Income Tax return for that taxable year. The election to pass through the credits shall be irrevocable. For taxable years ending on or after December 31, 2000, a partner that qualifies its partnership for a subtraction under subparagraph (I) of paragraph (2) of subsection (d) of Section 203 or a shareholder that qualifies a Subchapter S corporation for a subtraction under subparagraph (S) of paragraph (2) of subsection (b) of Section 203 shall be allowed a credit under this subsection (e) equal to its share of the credit earned under this subsection (e) during the taxable year by the partnership or Subchapter S corporation, determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code. This paragraph is exempt from the provisions of Section 250. (f) Investment credit; Enterprise Zone. (1) A taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service in an Enterprise Zone created pursuant to the Illinois Enterprise Zone Act. For partners, shareholders of Subchapter S corporations, and owners of
[May 15, 2001] 76 limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection (f) to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code. The credit shall be .5% of the basis for such property. The credit shall be available only in the taxable year in which the property is placed in service in the Enterprise Zone and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. For tax years ending on or after December 31, 1985, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, the credit accruing first in time shall be applied first. (2) The term qualified property means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (f); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; (D) is used in the Enterprise Zone by the taxpayer; and (E) has not been previously used in Illinois in such a manner and by such a person as would qualify for the credit provided by this subsection (f) or subsection (e). (3) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in the Enterprise Zone by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (6) If during any taxable year, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside the Enterprise Zone within 48 months after being placed in service, the tax imposed under subsections (a) and (b) of this Section for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (6), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone. (1) A taxpayer conducting a trade or business in an enterprise zone or a High Impact Business designated by the Department of Commerce and Community Affairs conducting a trade or business in a federally designated Foreign Trade Zone or Sub-Zone shall be allowed a credit against the tax imposed by subsections
77 [May 15, 2001] (a) and (b) of this Section in the amount of $500 per eligible employee hired to work in the zone during the taxable year. (2) To qualify for the credit: (A) the taxpayer must hire 5 or more eligible employees to work in an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone during the taxable year; (B) the taxpayer's total employment within the enterprise zone or federally designated Foreign Trade Zone or Sub-Zone must increase by 5 or more full-time employees beyond the total employed in that zone at the end of the previous tax year for which a jobs tax credit under this Section was taken, or beyond the total employed by the taxpayer as of December 31, 1985, whichever is later; and (C) the eligible employees must be employed 180 consecutive days in order to be deemed hired for purposes of this subsection. (3) An "eligible employee" means an employee who is: (A) Certified by the Department of Commerce and Community Affairs as "eligible for services" pursuant to regulations promulgated in accordance with Title II of the Job Training Partnership Act, Training Services for the Disadvantaged or Title III of the Job Training Partnership Act, Employment and Training Assistance for Dislocated Workers Program. (B) Hired after the enterprise zone or federally designated Foreign Trade Zone or Sub-Zone was designated or the trade or business was located in that zone, whichever is later. (C) Employed in the enterprise zone or Foreign Trade Zone or Sub-Zone. An employee is employed in an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone if his services are rendered there or it is the base of operations for the services performed. (D) A full-time employee working 30 or more hours per week. (4) For tax years ending on or after December 31, 1985 and prior to December 31, 1988, the credit shall be allowed for the tax year in which the eligible employees are hired. For tax years ending on or after December 31, 1988, the credit shall be allowed for the tax year immediately following the tax year in which the eligible employees are hired. If the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, earlier credit shall be applied first. (5) The Department of Revenue shall promulgate such rules and regulations as may be deemed necessary to carry out the purposes of this subsection (g). (6) The credit shall be available for eligible employees hired on or after January 1, 1986. (h) Investment credit; High Impact Business. (1) Subject to subsection (b) of Section 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service by a Department of Commerce and Community Affairs designated High Impact Business. The credit shall be .5% of the basis for such property. The credit shall not be available until the minimum investments in qualified property set forth in Section 5.5 of the Illinois Enterprise Zone Act have been satisfied and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. The credit applicable to such minimum investments shall be taken in
[May 15, 2001] 78 the taxable year in which such minimum investments have been completed. The credit for additional investments beyond the minimum investment by a designated high impact business shall be available only in the taxable year in which the property is placed in service and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. For tax years ending on or after December 31, 1987, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, the credit accruing first in time shall be applied first. Changes made in this subdivision (h)(1) by Public Act 88-670 restore changes made by Public Act 85-1182 and reflect existing law. (2) The term qualified property means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (h); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; and (D) is not eligible for the Enterprise Zone Investment Credit provided by subsection (f) of this Section. (3) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in a federally designated Foreign Trade Zone or Sub-Zone located in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (6) If during any taxable year ending on or before December 31, 1996, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside Illinois within 48 months after being placed in service, the tax imposed under subsections (a) and (b) of this Section for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (6), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (7) Beginning with tax years ending after December 31, 1996, if a taxpayer qualifies for the credit under this subsection (h) and thereby is granted a tax abatement and the taxpayer relocates its entire facility in violation of the explicit terms and length of the contract under Section 18-183 of the Property Tax Code, the tax imposed under subsections (a) and (b) of this Section shall be increased for the taxable year in which the taxpayer relocated its facility by an amount equal to the amount of credit received by the taxpayer under this subsection (h).
79 [May 15, 2001] (i) A credit shall be allowed against the tax imposed by subsections (a) and (b) of this Section for the tax imposed by subsections (c) and (d) of this Section. This credit shall be computed by multiplying the tax imposed by subsections (c) and (d) of this Section by a fraction, the numerator of which is base income allocable to Illinois and the denominator of which is Illinois base income, and further multiplying the product by the tax rate imposed by subsections (a) and (b) of this Section. Any credit earned on or after December 31, 1986 under this subsection which is unused in the year the credit is computed because it exceeds the tax liability imposed by subsections (a) and (b) for that year (whether it exceeds the original liability or the liability as later amended) may be carried forward and applied to the tax liability imposed by subsections (a) and (b) of the 5 taxable years following the excess credit year. This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is available to offset a liability the earliest credit arising under this subsection shall be applied first. If, during any taxable year ending on or after December 31, 1986, the tax imposed by subsections (c) and (d) of this Section for which a taxpayer has claimed a credit under this subsection (i) is reduced, the amount of credit for such tax shall also be reduced. Such reduction shall be determined by recomputing the credit to take into account the reduced tax imposed by subsection (c) and (d). If any portion of the reduced amount of credit has been carried to a different taxable year, an amended return shall be filed for such taxable year to reduce the amount of credit claimed. (j) Training expense credit. Beginning with tax years ending on or after December 31, 1986, a taxpayer shall be allowed a credit against the tax imposed by subsection (a) and (b) under this Section for all amounts paid or accrued, on behalf of all persons employed by the taxpayer in Illinois or Illinois residents employed outside of Illinois by a taxpayer, for educational or vocational training in semi-technical or technical fields or semi-skilled or skilled fields, which were deducted from gross income in the computation of taxable income. The credit against the tax imposed by subsections (a) and (b) shall be 1.6% of such training expenses. For partners, shareholders of subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection (j) to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code. Any credit allowed under this subsection which is unused in the year the credit is earned may be carried forward to each of the 5 taxable years following the year for which the credit is first computed until it is used. This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is available to offset a liability the earliest credit arising under this subsection shall be applied first. (k) Research and development credit. Beginning with tax years ending after July 1, 1990, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for increasing research activities in this State. The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 6 1/2% of the qualifying expenditures for increasing research activities in this State. For partners, shareholders of subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code.
[May 15, 2001] 80 For purposes of this subsection, "qualifying expenditures" means the qualifying expenditures as defined for the federal credit for increasing research activities which would be allowable under Section 41 of the Internal Revenue Code and which are conducted in this State, "qualifying expenditures for increasing research activities in this State" means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures for the base period, "qualifying expenditures for the base period" means the average of the qualifying expenditures for each year in the base period, and "base period" means the 3 taxable years immediately preceding the taxable year for which the determination is being made. Any credit in excess of the tax liability for the taxable year may be carried forward. A taxpayer may elect to have the unused credit shown on its final completed return carried over as a credit against the tax liability for the following 5 taxable years or until it has been fully used, whichever occurs first. If an unused credit is carried forward to a given year from 2 or more earlier years, that credit arising in the earliest year will be applied first against the tax liability for the given year. If a tax liability for the given year still remains, the credit from the next earliest year will then be applied, and so on, until all credits have been used or no tax liability for the given year remains. Any remaining unused credit or credits then will be carried forward to the next following year in which a tax liability is incurred, except that no credit can be carried forward to a year which is more than 5 years after the year in which the expense for which the credit is given was incurred. Unless extended by law, the credit shall not include costs incurred after December 31, 2004, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2004. No inference shall be drawn from this amendatory Act of the 91st General Assembly in construing this Section for taxable years beginning before January 1, 1999. (l) Environmental Remediation Tax Credit. (i) For tax years ending after December 31, 1997 and on or before December 31, 2001, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for certain amounts paid for unreimbursed eligible remediation costs, as specified in this subsection. For purposes of this Section, "unreimbursed eligible remediation costs" means costs approved by the Illinois Environmental Protection Agency ("Agency") under Section 58.14 of the Environmental Protection Act that were paid in performing environmental remediation at a site for which a No Further Remediation Letter was issued by the Agency and recorded under Section 58.10 of the Environmental Protection Act. The credit must be claimed for the taxable year in which Agency approval of the eligible remediation costs is granted. The credit is not available to any taxpayer if the taxpayer or any related party caused or contributed to, in any material respect, a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action pursuant to the Site Remediation Program of the Environmental Protection Act. After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability for purposes of this Section shall be made consistent with those rules. For purposes of this Section, "taxpayer" includes a person whose tax attributes the taxpayer has succeeded to under Section 381 of the Internal Revenue Code and "related party" includes the persons disallowed a deduction for losses by paragraphs (b), (c), and (f)(1) of Section 267 of the Internal Revenue Code by virtue of being a related taxpayer, as well as any of its partners. The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 25% of the unreimbursed eligible remediation costs in excess of $100,000 per site, except that the $100,000 threshold shall not
81 [May 15, 2001] apply to any site contained in an enterprise zone as determined by the Department of Commerce and Community Affairs. The total credit allowed shall not exceed $40,000 per year with a maximum total of $150,000 per site. For partners and shareholders of subchapter S corporations, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and
[May 15, 2001] 82 6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff. 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860, eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.) (35 ILCS 5/202) (from Ch. 120, par. 2-202) Sec. 202. Net Income Defined. In general. For purposes of this Act, a taxpayer's net income for a taxable year shall be that portion of his base income for such year
83 [May 15, 2001] respect of any compensation paid or accrued to a resident who as a governmental employee was a prisoner of war or missing in action, and in respect of any compensation paid to a resident in 1971 or thereafter for annual training performed pursuant to Sections 502 and 503, Title 32, United States Code as a member of the Illinois National Guard; (F) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the Internal Revenue Code, or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto; (G) The valuation limitation amount; (H) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (I) An amount equal to all amounts included in such total pursuant to the provisions of Section 111 of the Internal Revenue Code as a recovery of items previously deducted from adjusted gross income in the computation of taxable income; (J) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act, and conducts substantially all of its operations in an Enterprise Zone or zones; (K) An amount equal to those dividends included in such total that were paid by a corporation that conducts business operations in a federally designated Foreign Trade Zone or Sub-Zone and that is designated a High Impact Business located in Illinois; provided that dividends eligible for the deduction provided in subparagraph (J) of paragraph (2) of this subsection shall not be eligible for the deduction provided under this subparagraph (K); (L) For taxable years ending after December 31, 1983, an amount equal to all social security benefits and railroad retirement benefits included in such total pursuant to Sections 72(r) and 86 of the Internal Revenue Code; (M) With the exception of any amounts subtracted under subparagraph (N), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and 265(2) of the Internal Revenue Code of 1954, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code of 1954, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the Internal Revenue Code; the provisions of this subparagraph are exempt from the provisions of Section 250; (N) An amount equal to all amounts included in such total which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (O) An amount equal to any contribution made to a job training project established pursuant to the Tax Increment Allocation Redevelopment Act; (P) An amount equal to the amount of the deduction used to compute the federal income tax credit for restoration of
[May 15, 2001] 84 substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenue Code of 1986; (Q) An amount equal to any amounts included in such total, received by the taxpayer as an acceleration in the payment of life, endowment or annuity benefits in advance of the time they would otherwise be payable as an indemnity for a terminal illness; (R) An amount equal to the amount of any federal or State bonus paid to veterans of the Persian Gulf War; (S) An amount, to the extent included in adjusted gross income, equal to the amount of a contribution made in the taxable year on behalf of the taxpayer to a medical care savings account established under the Medical Care Savings Account Act or the Medical Care Savings Account Act of 2000 to the extent the contribution is accepted by the account administrator as provided in that Act; (T) An amount, to the extent included in adjusted gross income, equal to the amount of interest earned in the taxable year on a medical care savings account established under the Medical Care Savings Account Act or the Medical Care Savings Account Act of 2000 on behalf of the taxpayer, other than interest added pursuant to item (D-5) of this paragraph (2); (U) For one taxable year beginning on or after January 1, 1994, an amount equal to the total amount of tax imposed and paid under subsections (a) and (b) of Section 201 of this Act on grant amounts received by the taxpayer under the Nursing Home Grant Assistance Act during the taxpayer's taxable years 1992 and 1993; (V) Beginning with tax years ending on or after December 31, 1995 and ending with tax years ending on or before December 31, 2004, an amount equal to the amount paid by a taxpayer who is a self-employed taxpayer, a partner of a partnership, or a shareholder in a Subchapter S corporation for health insurance or long-term care insurance for that taxpayer or that taxpayer's spouse or dependents, to the extent that the amount paid for that health insurance or long-term care insurance may be deducted under Section 213 of the Internal Revenue Code of 1986, has not been deducted on the federal income tax return of the taxpayer, and does not exceed the taxable income attributable to that taxpayer's income, self-employment income, or Subchapter S corporation income; except that no deduction shall be allowed under this item (V) if the taxpayer is eligible to participate in any health insurance or long-term care insurance plan of an employer of the taxpayer or the taxpayer's spouse. The amount of the health insurance and long-term care insurance subtracted under this item (V) shall be determined by multiplying total health insurance and long-term care insurance premiums paid by the taxpayer times a number that represents the fractional percentage of eligible medical expenses under Section 213 of the Internal Revenue Code of 1986 not actually deducted on the taxpayer's federal income tax return; (W) For taxable years beginning on or after January 1, 1998, all amounts included in the taxpayer's federal gross income in the taxable year from amounts converted from a regular IRA to a Roth IRA. This paragraph is exempt from the provisions of Section 250;
85 [May 15, 2001] federal income tax purposes, attributable to, derived from or in any way related to assets stolen from, hidden from, or otherwise lost to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War II, including, but not limited to, interest on the proceeds receivable as insurance under policies issued to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime by European insurance companies immediately prior to and during World War II; provided, however, this subtraction from federal adjusted gross income does not apply to assets acquired with such assets or with the proceeds from the sale of such assets; provided, further, this paragraph shall only apply to a taxpayer who was the first recipient of such assets after their recovery and who is a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim. The amount of and the eligibility for any public assistance, benefit, or similar entitlement is not affected by the inclusion of items (i) and (ii) of this paragraph in gross income for federal income tax purposes. This paragraph is exempt from the provisions of Section 250; and (Y) Any amount included in adjusted gross income, other than salary, received by a driver in a ridesharing arrangement using a motor vehicle. (b) Corporations. (1) In general. In the case of a corporation, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest and all distributions received from regulated investment companies during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year; (C) In the case of a regulated investment company, an amount equal to the excess of (i) the net long-term capital gain for the taxable year, over (ii) the amount of the capital gain dividends designated as such in accordance with Section 852(b)(3)(C) of the Internal Revenue Code and any amount designated under Section 852(b)(3)(D) of the Internal Revenue Code, attributable to the taxable year (this amendatory Act of 1995 (Public Act 89-89) is declarative of existing law and is not a new enactment); (D) The amount of any net operating loss deduction taken in arriving at taxable income, other than a net operating loss carried forward from a taxable year ending prior to December 31, 1986; (E) For taxable years in which a net operating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an element of taxable income under paragraph (1) of subsection (e) or subparagraph (E) of paragraph (2) of subsection (e), the amount by which addition modifications other than those provided by this subparagraph (E) exceeded subtraction modifications in such earlier taxable year, with the following limitations applied in the order that they are listed: (i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition
[May 15, 2001] 86 modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modification provided in this subparagraph (E) shall be the sum of the amounts computed independently under the preceding provisions of this subparagraph (E) for each such taxable year; and (E-5) For taxable years ending after December 31, 1997, an amount equal to any eligible remediation costs that the corporation deducted in computing adjusted gross income and for which the corporation claims a credit under subsection (l) of Section 201; and by deducting from the total so obtained the sum of the following amounts: (F) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (G) An amount equal to any amount included in such total under Section 78 of the Internal Revenue Code; (H) In the case of a regulated investment company, an amount equal to the amount of exempt interest dividends as defined in subsection (b) (5) of Section 852 of the Internal Revenue Code, paid to shareholders for the taxable year; (I) With the exception of any amounts subtracted under subparagraph (J), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and 265(a)(2) and amounts disallowed as interest expense by Section 291(a)(3) of the Internal Revenue Code, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(a)(1) of the Internal Revenue Code, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i) of the Internal Revenue Code; the provisions of this subparagraph are exempt from the provisions of Section 250; (J) An amount equal to all amounts included in such total which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (K) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act and conducts substantially all of its operations in an Enterprise Zone or zones; (L) An amount equal to those dividends included in such total that were paid by a corporation that conducts business operations in a federally designated Foreign Trade Zone or Sub-Zone and that is designated a High Impact Business located in Illinois; provided that dividends eligible for the deduction provided in subparagraph (K) of paragraph 2 of this subsection shall not be eligible for the deduction provided under this subparagraph (L); (M) For any taxpayer that is a financial organization
87 [May 15, 2001] within the meaning of Section 304(c) of this Act, an amount included in such total as interest income from a loan or loans made by such taxpayer to a borrower, to the extent that such a loan is secured by property which is eligible for the Enterprise Zone Investment Credit. To determine the portion of a loan or loans that is secured by property eligible for a Section 201(f)
[May 15, 2001] 88 Code be treated as a member of the affiliated group which includes the dividend recipient, exceed the amount of the modification provided under subparagraph (G) of paragraph (2) of this subsection (b) which is related to such dividends; (P) An amount equal to any contribution made to a job training project established pursuant to the Tax Increment Allocation Redevelopment Act; (Q) An amount equal to the amount of the deduction used to compute the federal income tax credit for restoration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenue Code of 1986; (R) In the case of an attorney-in-fact with respect to whom an interinsurer or a reciprocal insurer has made the election under Section 835 of the Internal Revenue Code, 26 U.S.C. 835, an amount equal to the excess, if any, of the amounts paid or incurred by that interinsurer or reciprocal insurer in the taxable year to the attorney-in-fact over the deduction allowed to that interinsurer or reciprocal insurer with respect to the attorney-in-fact under Section 835(b) of the Internal Revenue Code for the taxable year; and (S) For taxable years ending on or after December 31, 1997, in the case of a Subchapter S corporation, an amount equal to all amounts of income allocable to a shareholder subject to the Personal Property Tax Replacement Income Tax imposed by subsections (c) and (d) of Section 201 of this Act, including amounts allocable to organizations exempt from federal income tax by reason of Section 501(a) of the Internal Revenue Code. This subparagraph (S) is exempt from the provisions of Section 250. (3) Special rule. For purposes of paragraph (2) (A), "gross income" in the case of a life insurance company, for tax years ending on and after December 31, 1994, shall mean the gross investment income for the taxable year. (c) Trusts and estates. (1) In general. In the case of a trust or estate, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. Subject to the provisions of paragraph (3), the taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) In the case of (i) an estate, $600; (ii) a trust which, under its governing instrument, is required to distribute all of its income currently, $300; and (iii) any other trust, $100, but in each such case, only to the extent such amount was deducted in the computation of taxable income; (C) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year; (D) The amount of any net operating loss deduction taken in arriving at taxable income, other than a net operating loss carried forward from a taxable year ending prior to December 31, 1986; (E) For taxable years in which a net operating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an element of taxable income under paragraph (1) of subsection (e) or subparagraph (E) of paragraph (2) of subsection (e), the amount by which addition modifications other than those provided by this subparagraph (E) exceeded subtraction modifications in such taxable year, with the following limitations applied in the order that they are listed:
89 [May 15, 2001] (i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modification provided in this subparagraph (E) shall be the sum of the amounts computed independently under the preceding provisions of this subparagraph (E) for each such taxable year; (F) For taxable years ending on or after January 1, 1989, an amount equal to the tax deducted pursuant to Section 164 of the Internal Revenue Code if the trust or estate is claiming the same tax for purposes of the Illinois foreign tax credit under Section 601 of this Act; (G) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the extent deducted from gross income in the computation of taxable income; and (G-5) For taxable years ending after December 31, 1997, an amount equal to any eligible remediation costs that the trust or estate deducted in computing adjusted gross income and for which the trust or estate claims a credit under subsection (l) of Section 201; and by deducting from the total so obtained the sum of the following amounts: (H) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the Internal Revenue Code or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto; (I) The valuation limitation amount; (J) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (K) An amount equal to all amounts included in taxable income as modified by subparagraphs (A), (B), (C), (D), (E), (F) and (G) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (L) With the exception of any amounts subtracted under subparagraph (K), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2) and 265(a)(2) of the Internal Revenue Code, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code of 1954, as now or hereafter amended; and (ii)
[May 15, 2001] 90 for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the Internal Revenue Code; the provisions of this subparagraph are exempt from the provisions of Section 250; (M) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act and conducts substantially all of its operations in an Enterprise Zone or Zones; (N) An amount equal to any contribution made to a job training project established pursuant to the Tax Increment Allocation Redevelopment Act; (O) An amount equal to those dividends included in such total that were paid by a corporation that conducts business operations in a federally designated Foreign Trade Zone or Sub-Zone and that is designated a High Impact Business located in Illinois; provided that dividends eligible for the deduction provided in subparagraph (M) of paragraph (2) of this subsection shall not be eligible for the deduction provided under this subparagraph (O); (P) An amount equal to the amount of the deduction used to compute the federal income tax credit for restoration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenue Code of 1986; and (Q) For taxable year 1999 and thereafter, an amount equal to the amount of any (i) distributions, to the extent includible in gross income for federal income tax purposes, made to the taxpayer because of his or her status as a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim and (ii) items of income, to the extent includible in gross income for federal income tax purposes, attributable to, derived from or in any way related to assets stolen from, hidden from, or otherwise lost to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War II, including, but not limited to, interest on the proceeds receivable as insurance under policies issued to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime by European insurance companies immediately prior to and during World War II; provided, however, this subtraction from federal adjusted gross income does not apply to assets acquired with such assets or with the proceeds from the sale of such assets; provided, further, this paragraph shall only apply to a taxpayer who was the first recipient of such assets after their recovery and who is a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim. The amount of and the eligibility for any public assistance, benefit, or similar entitlement is not affected by the inclusion of items (i) and (ii) of this paragraph in gross income for federal income tax purposes. This paragraph is exempt from the provisions of Section 250. (3) Limitation. The amount of any modification otherwise required under this subsection shall, under regulations prescribed by the Department, be adjusted by any amounts included therein which were properly paid, credited, or required to be distributed, or permanently set aside for charitable purposes pursuant to Internal Revenue Code Section 642(c) during the taxable year. (d) Partnerships. (1) In general. In the case of a partnership, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the
91 [May 15, 2001] following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income for the taxable year; (C) The amount of deductions allowed to the partnership pursuant to Section 707 (c) of the Internal Revenue Code in calculating its taxable income; and (D) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the extent deducted from gross income in the computation of taxable income; and by deducting from the total so obtained the following amounts: (E) The valuation limitation amount; (F) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (G) An amount equal to all amounts included in taxable income as modified by subparagraphs (A), (B), (C) and (D) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (H) Any income of the partnership which constitutes personal service income as defined in Section 1348 (b) (1) of the Internal Revenue Code (as in effect December 31, 1981) or a reasonable allowance for compensation paid or accrued for services rendered by partners to the partnership, whichever is greater; (I) An amount equal to all amounts of income distributable to an entity subject to the Personal Property Tax Replacement Income Tax imposed by subsections (c) and (d) of Section 201 of this Act including amounts distributable to organizations exempt from federal income tax by reason of Section 501(a) of the Internal Revenue Code; (J) With the exception of any amounts subtracted under subparagraph (G), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and 265(2) of the Internal Revenue Code of 1954, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the Internal Revenue Code; the provisions of this subparagraph are exempt from the provisions of Section 250; (K) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act, enacted by the 82nd General Assembly, and conducts substantially all of its operations
[May 15, 2001] 92 in Illinois; provided that dividends eligible for the deduction provided in subparagraph (K) of paragraph (2) of this subsection shall not be eligible for the deduction provided under this subparagraph (M); and (N) An amount equal to the amount of the deduction used to compute the federal income tax credit for restoration of substantial amounts held under claim of right for the taxable year pursuant to Section 1341 of the Internal Revenue Code of 1986. (e) Gross income; adjusted gross income; taxable income. (1) In general. Subject to the provisions of paragraph (2) and subsection (b) (3), for purposes of this Section and Section 803(e), a taxpayer's gross income, adjusted gross income, or taxable income for the taxable year shall mean the amount of gross income, adjusted gross income or taxable income properly reportable for federal income tax purposes for the taxable year under the provisions of the Internal Revenue Code. Taxable income may be less than zero. However, for taxable years ending on or after December 31, 1986, net operating loss carryforwards from taxable years ending prior to December 31, 1986, may not exceed the sum of federal taxable income for the taxable year before net operating loss deduction, plus the excess of addition modifications over subtraction modifications for the taxable year. For taxable years ending prior to December 31, 1986, taxable income may never be an amount in excess of the net operating loss for the taxable year as defined in subsections (c) and (d) of Section 172 of the Internal Revenue Code, provided that when taxable income of a corporation (other than a Subchapter S corporation), trust, or estate is less than zero and addition modifications, other than those provided by subparagraph (E) of paragraph (2) of subsection (b) for corporations or subparagraph (E) of paragraph (2) of subsection (c) for trusts and estates, exceed subtraction modifications, an addition modification must be made under those subparagraphs for any other taxable year to which the taxable income less than zero (net operating loss) is applied under Section 172 of the Internal Revenue Code or under subparagraph (E) of paragraph (2) of this subsection (e) applied in conjunction with Section 172 of the Internal Revenue Code. (2) Special rule. For purposes of paragraph (1) of this subsection, the taxable income properly reportable for federal income tax purposes shall mean: (A) Certain life insurance companies. In the case of a life insurance company subject to the tax imposed by Section 801 of the Internal Revenue Code, life insurance company taxable income, plus the amount of distribution from pre-1984 policyholder surplus accounts as calculated under Section 815a of the Internal Revenue Code; (B) Certain other insurance companies. In the case of mutual insurance companies subject to the tax imposed by Section 831 of the Internal Revenue Code, insurance company taxable income; (C) Regulated investment companies. In the case of a regulated investment company subject to the tax imposed by Section 852 of the Internal Revenue Code, investment company taxable income; (D) Real estate investment trusts. In the case of a real estate investment trust subject to the tax imposed by Section 857 of the Internal Revenue Code, real estate investment trust taxable income; (E) Consolidated corporations. In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated income tax return for the taxable year for federal income tax purposes, taxable income determined as if such corporation had filed a separate return for federal income tax purposes for the taxable year and each preceding taxable year for which it was a member of an
93 [May 15, 2001] affiliated group. For purposes of this subparagraph, the taxpayer's separate taxable income shall be determined as if the election provided by Section 243(b) (2) of the Internal Revenue Code had been in effect for all such years; (F) Cooperatives. In the case of a cooperative corporation or association, the taxable income of such organization determined in accordance with the provisions of Section 1381 through 1388 of the Internal Revenue Code; (G) Subchapter S corporations. In the case of: (i) a Subchapter S corporation for which there is in effect an election for the taxable year under Section 1362 of the Internal Revenue Code, the taxable income of such corporation determined in accordance with Section 1363(b) of the Internal Revenue Code, except that taxable income shall take into account those items which are required by Section 1363(b)(1) of the Internal Revenue Code to be separately stated; and (ii) a Subchapter S corporation for which there is in effect a federal election to opt out of the provisions of the Subchapter S Revision Act of 1982 and have applied instead the prior federal Subchapter S rules as in effect on July 1, 1982, the taxable income of such corporation determined in accordance with the federal Subchapter S rules as in effect on July 1, 1982; and (H) Partnerships. In the case of a partnership, taxable income determined in accordance with Section 703 of the Internal Revenue Code, except that taxable income shall take into account those items which are required by Section 703(a)(1) to be separately stated but which would be taken into account by an individual in calculating his taxable income. (f) Valuation limitation amount. (1) In general. The valuation limitation amount referred to in subsections (a) (2) (G), (c) (2) (I) and (d)(2) (E) is an amount equal to: (A) The sum of the pre-August 1, 1969 appreciation amounts (to the extent consisting of gain reportable under the provisions of Section 1245 or 1250 of the Internal Revenue Code) for all property in respect of which such gain was reported for the taxable year; plus (B) The lesser of (i) the sum of the pre-August 1, 1969 appreciation amounts (to the extent consisting of capital gain) for all property in respect of which such gain was reported for federal income tax purposes for the taxable year, or (ii) the net capital gain for the taxable year, reduced in either case by any amount of such gain included in the amount determined under subsection (a) (2) (F) or (c) (2) (H). (2) Pre-August 1, 1969 appreciation amount. (A) If the fair market value of property referred to in paragraph (1) was readily ascertainable on August 1, 1969, the pre-August 1, 1969 appreciation amount for such property is the lesser of (i) the excess of such fair market value over the taxpayer's basis (for determining gain) for such property on that date (determined under the Internal Revenue Code as in effect on that date), or (ii) the total gain realized and reportable for federal income tax purposes in respect of the sale, exchange or other disposition of such property. (B) If the fair market value of property referred to in paragraph (1) was not readily ascertainable on August 1, 1969, the pre-August 1, 1969 appreciation amount for such property is that amount which bears the same ratio to the total gain reported in respect of the property for federal income tax purposes for the taxable year, as the number of full calendar months in that part of the taxpayer's holding period for the property ending July 31, 1969 bears to the number of full calendar months in the taxpayer's entire holding period for the property.
[May 15, 2001] 94 (C) The Department shall prescribe such regulations as may be necessary to carry out the purposes of this paragraph. (g) Double deductions. Unless specifically provided otherwise, nothing in this Section shall permit the same item to be deducted more than once. (h) Legislative intention. Except as expressly provided by this Section there shall be no modifications or limitations on the amounts of income, gain, loss or deduction taken into account in determining gross income, adjusted gross income or taxable income for federal income tax purposes for the taxable year, or in the amount of such items entering into the computation of base income and net income under this Act for such taxable year, whether in respect of property values as of August 1, 1969 or otherwise. (Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff. 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, eff. 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01; revised 1-15-01.) (35 ILCS 5/209) Sec. 209. Tax Credit for "TECH-PREP" youth vocational programs. (a) Beginning with tax years ending on or after June 30, 1995, every taxpayer who is primarily engaged in manufacturing is allowed a credit against the tax imposed by subsections (a) and (b) of Section 201 in an amount equal to 20% of the taxpayer's direct payroll expenditures for which a credit has not already been claimed under subsection (j) of Section 201 of this Act, in the tax year for which the credit is claimed, for cooperative secondary school youth vocational programs in Illinois which are certified as qualifying TECH-PREP programs by the State Board of Education
95 [May 15, 2001] State if the property is located in this State. (2) Tangible personal property. Capital gains and losses from sales or exchanges of tangible personal property are allocable to this State if, at the time of such sale or exchange: (A) The property had its situs in this State; or (B) The taxpayer had its commercial domicile in this State and was not taxable in the state in which the property had its situs. (3) Intangibles. Capital gains and losses from sales or exchanges of intangible personal property are allocable to this State if the taxpayer had its commercial domicile in this State at the time of such sale or exchange. (c) Rents and royalties. (1) Real property. Rents and royalties from real property are allocable to this State if the property is located in this State. (2) Tangible personal property. Rents and royalties from tangible personal property are allocable to this State: (A) If and to the extent that the property is utilized in this State; or (B) In their entirety if, at the time such rents or royalties were paid or accrued, the taxpayer had its commercial domicile in this State and was not organized under the laws of or taxable with respect to such rents or royalties in the state in which the property was utilized. The extent of utilization of tangible personal property in a state is determined by multiplying the rents or royalties derived from such property by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession. (d) Patent and copyright royalties. (1) Allocation. Patent and copyright royalties are allocable to this State: (A) If and to the extent that the patent or copyright is utilized by the payer in this State; or (B) If and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable with respect to such royalties and, at the time such royalties were paid or accrued, the taxpayer had its commercial domicile in this State. (2) Utilization. (A) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in this State if the taxpayer has its commercial domicile in this State. (B) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in this State if the taxpayer has its commercial domicile in this State. (e) Illinois lottery, wagering, and gambling winnings
[May 15, 2001] 96 (1) In that state he is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or (2) That state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state does or does not. (g) Cross references. (1) For allocation of interest and dividends by persons other than residents, see Section 301(c)(2). (2) For allocation of nonbusiness income by residents, see Section 301(a). (Source: P.A. 79-743.) (35 ILCS 5/502) (from Ch. 120, par. 5-502) Sec. 502. Returns and notices. (a) In general. A return with respect to the taxes imposed by this Act shall be made by every person for any taxable year: (1) For which such person is liable for a tax imposed by this Act, or (2) In the case of a resident or in the case of a corporation which is qualified to do business in this State, for which such person is required to make a federal income tax return, regardless of whether such person is liable for a tax imposed by this Act. However, this paragraph shall not require a resident to make a return if such person has an Illinois base income of the basic amount in Section 204(b) or less and is either claimed as a dependent on another person's tax return under the Internal Revenue Code of 1986, or is claimed as a dependent on another person's tax return under this Act. (b) Fiduciaries and receivers. (1) Decedents. If an individual is deceased, any return or notice required of such individual under this Act shall be made by his executor, administrator, or other person charged with the property of such decedent. (2) Individuals under a disability. If an individual is unable to make a return or notice required under this Act, the return or notice required of such individual shall be made by his duly authorized agent, guardian, fiduciary or other person charged with the care of the person or property of such individual. (3) Estates and trusts. Returns or notices required of an estate or a trust shall be made by the fiduciary thereof. (4) Receivers, trustees and assignees for corporations. In a case where a receiver, trustee in bankruptcy, or assignee, by order of a court of competent jurisdiction, by operation of law, or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the returns and notices required of such corporation in the same manner and form as corporations are required to make such returns and notices. (c) Joint returns by husband and wife. (1) Except as provided in paragraph (3), if a husband and wife file a joint federal income tax return for a taxable year they shall file a joint return under this Act for such taxable year and their liabilities shall be joint and several, but if the federal income tax liability of either spouse is determined on a separate federal income tax return, they shall file separate returns under this Act. (2) If neither spouse is required to file a federal income tax return and either or both are required to file a return under this Act, they may elect to file separate or joint returns and pursuant to such election their liabilities shall be separate or joint and several. (3) If either husband or wife is a resident and the other is a nonresident, they shall file separate returns in this State on such forms as may be required by the Department in which event their tax liabilities shall be separate; but they may elect to determine their joint net income and file a joint return as if both were residents and in such case, their liabilities shall be joint
97 [May 15, 2001] and several. (4) Innocent spouses. (A) However, for tax liabilities arising and paid prior to August 13, 1999
[May 15, 2001] 98 determination by the Secretary of the Treasury or the federal courts, in any proceeding involving this subsection, the individual making the election shall have the burden of proof with respect to any item except that the Department shall have the burden of proof with respect to items in subdivision (ii). (v) Any election made by an individual under this subsection shall apply to all years for which that individual and the spouse named in the election have filed a joint return. (vi) After receiving a notice that the federal election has been made or after receiving an election under subdivision (ii), the Department shall take no collection action against the electing individual for any liability arising from a joint return covered by the election until the Department has notified the electing individual in writing that the election is invalid or of the portion of the liability the Department has allocated to the electing individual. Within 60 days (150 days if the individual is outside the United States) after the issuance of such notification, the individual may file a written protest of the denial of the election or of the Department's determination of the liability allocated to him or her and shall be granted a hearing within the Department under the provisions of Section 908. If a protest is filed, the Department shall take no collection action against the electing individual until the decision regarding the protest has become final under subsection (d) of Section 908 or, if administrative review of the Department's decision is requested under Section 1201, until the decision of the court becomes final. (d) Partnerships. Every partnership having any base income allocable to this State in accordance with section 305(c) shall retain information concerning all items of income, gain, loss and deduction; the names and addresses of all of the partners, or names and addresses of members of a limited liability company, or other persons who would be entitled to share in the base income of the partnership if distributed; the amount of the distributive share of each; and such other pertinent information as the Department may by forms or regulations prescribe. The partnership shall make that information available to the Department when requested by the Department. (e) For taxable years ending on or after December 31, 1985, and before December 31, 1993, taxpayers that are corporations (other than Subchapter S corporations) having the same taxable year and that are members of the same unitary business group may elect to be treated as one taxpayer for purposes of any original return, amended return which includes the same taxpayers of the unitary group which joined in the election to file the original return, extension, claim for refund, assessment, collection and payment and determination of the group's tax liability under this Act. This subsection (e) does not permit the election to be made for some, but not all, of the purposes enumerated above. For taxable years ending on or after December 31, 1987, corporate members (other than Subchapter S corporations) of the same unitary business group making this subsection (e) election are not required to have the same taxable year. For taxable years ending on or after December 31, 1993, taxpayers that are corporations (other than Subchapter S corporations) and that are members of the same unitary business group shall be treated as one taxpayer for purposes of any original return, amended return which includes the same taxpayers of the unitary group which joined in filing the original return, extension, claim for refund, assessment, collection and payment and determination of the group's tax liability under this Act. (f) The Department may promulgate regulations to permit nonresident individual partners of the same partnership, nonresident Subchapter S corporation shareholders of the same Subchapter S
99 [May 15, 2001] corporation, and nonresident individuals transacting an insurance business in Illinois under a Lloyds plan of operation, and nonresident individual members of the same limited liability company that is treated as a partnership under Section 1501 (a)(16) of this Act, to file composite individual income tax returns reflecting the composite income of such individuals allocable to Illinois and to make composite individual income tax payments. The Department may by regulation also permit such composite returns to include the income tax owed by Illinois residents attributable to their income from partnerships, Subchapter S corporations, insurance businesses organized under a Lloyds plan of operation, or limited liability companies that are treated as partnership under Section 1501 (a)(16) of this Act, in which case such Illinois residents will be permitted to claim credits on their individual returns for their shares of the composite tax payments. This paragraph of subsection (f) applies to taxable years ending on or after December 31, 1987. For taxable years ending on or after December 31, 1999, the Department may, by regulation, also permit any persons transacting an insurance business organized under a Lloyds plan of operation to file composite returns reflecting the income of such persons allocable to Illinois and the tax rates applicable to such persons under Section 201 and to make composite tax payments and shall, by regulation, also provide that the income and apportionment factors attributable to the transaction of an insurance business organized under a Lloyds plan of operation by any person joining in the filing of a composite return shall, for purposes of allocating and apportioning income under Article 3 of this Act and computing net income under Section 202 of this Act, be excluded from any other income and apportionment factors of that person or of any unitary business group, as defined in subdivision (a)(27) of Section 1501, to which that person may belong. (g) The Department may adopt rules to authorize the electronic filing of any return required to be filed under this Section. (Source: P.A. 90-613, eff. 7-9-98; 91-541, eff. 8-13-99; 91-913, eff. 1-1-01.) (35 ILCS 5/506) (from Ch. 120, par. 5-506) Sec. 506. Federal Returns. (a) In general. Any person required to make a return for a taxable year under this Act may, at any time that a deficiency could be assessed or a refund claimed under this Act in respect of any item reported or properly reportable on such return or any amendment thereof, be required to furnish to the Department a true and correct copy of any return which may pertain to such item and which was filed by such person under the provisions of the Internal Revenue Code. (b) Changes affecting federal income tax. A person shall notify the Department if:
[May 15, 2001] 100 contain the person's name and address and such other information as the Department may by regulations prescribe, shall be signed by such person or his duly authorized representative, and shall be filed not later than 120 days after such alteration has been agreed to or finally determined for federal income tax purposes or any federal income tax deficiency or refund, tentative carryback adjustment, abatement or credit resulting therefrom has been assessed or paid, whichever shall first occur. (Source: P.A. 90-491, eff. 1-1-98.) (35 ILCS 5/701) (from Ch. 120, par. 7-701) Sec. 701. Requirement and Amount of Withholding. (a) In General. Every employer maintaining an office or transacting business within this State and required under the provisions of the Internal Revenue Code to withhold a tax on: (1) compensation paid in this State (as determined under Section 304 (a) (2) (B) to an individual; or (2) payments described in subsection (b) shall deduct and withhold from such compensation for each payroll period (as defined in Section 3401 of the Internal Revenue Code) an amount equal to the amount by which such individual's compensation exceeds the proportionate part of this withholding exemption (computed as provided in Section 702) attributable to the payroll period for which such compensation is payable multiplied by a percentage equal to the percentage tax rate for individuals provided in subsection (b) of Section 201. (b) Payment to Residents. Any payment (including compensation) to a resident by a payor maintaining an office or transacting business within this State (including any agency, officer, or employee of this State or of any political subdivision of this State) and on which withholding of tax is required under the provisions of the Internal Revenue Code shall be deemed to be compensation paid in this State by an employer to an employee for the purposes of Article 7 and Section 601 (b) (1) to the extent such payment is included in the recipient's base income and not subjected to withholding by another state. (c) Special Definitions. Withholding shall be considered required under the provisions of the Internal Revenue Code to the extent the Internal Revenue Code either requires withholding or allows for voluntary withholding the payor and recipient have entered into such a voluntary withholding agreement. For the purposes of Article 7 and Section 1002 (c) the term "employer" includes any payor who is required to withhold tax pursuant to this Section. (d) Reciprocal Exemption. The Director may enter into an agreement with the taxing authorities of any state which imposes a tax on or measured by income to provide that compensation paid in such state to residents of this State shall be exempt from withholding of such tax; in such case, any compensation paid in this State to residents of such state shall be exempt from withholding. All reciprocal agreements shall be subject to the requirements of Section 2505-575 of the Department of Revenue Law (20 ILCS 2505/2505-575). (e) Notwithstanding subsection (a) (2) of this Section, no withholding is required on payments for which withholding is required under Section 3405 or 3406 of the Internal Revenue Code of 1954. (Source: P.A. 90-491, eff. 1-1-98; 91-239, eff. 1-1-00.) (35 ILCS 5/710) (from Ch. 120, par. 7-710) Sec. 710. Withholding from lottery, wagering, and gambling winnings. (a) In General. (1) Any person making a payment to a resident or nonresident of winnings under the Illinois Lottery Law and not required to withhold Illinois income tax from such payment under Subsection (b) of Section 701 of this Act because those winnings are not subject to federal income tax withholding, must withhold Illinois income tax from such payment at a rate equal to the percentage tax rate
101 [May 15, 2001] for individuals provided in subsection (b) of Section 201, provided that withholding is not required if such payment of winnings is less than $2,000 ($1,000, for payments made before January 1, 2002). (2) Any person making a payment after December 31, 2001 to a resident or nonresident of winnings from pari-mutuel wagering conducted at a wagering facility licensed under the Illinois Horse Racing Act of 1975 or from gambling games conducted on a riverboat licensed under the Riverboat Gambling Act, and not required to withhold Illinois income tax from such payment under subsection (b) of Section 701 of this Act because those winnings are not subject to federal income tax withholding, must withhold Illinois income tax from such payment at a rate equal to the percentage tax rate for individuals provided in subsection (b) of Section 201, provided that withholding is not required if such payment of winnings is less than $2,000. (b) Credit for taxes withheld. Any amount withheld under Subsection (a) shall be a credit against the Illinois income tax liability of the person to whom the payment of winnings was made for the taxable year in which that person incurred an Illinois income tax liability with respect to those winnings. (Source: P.A. 85-731.) (35 ILCS 5/905) (from Ch. 120, par. 9-905) Sec. 905. Limitations on Notices of Deficiency. (a) In general. Except as otherwise provided in this Act: (1) A notice of deficiency shall be issued not later than 3 years after the date the return was filed, and (2) No deficiency shall be assessed or collected with respect to the year for which the return was filed unless such notice is issued within such period. (b) Omission of more than 25% of income. If the taxpayer omits from base income an amount properly includible therein which is in excess of 25% of the amount of base income stated in the return, a notice of deficiency may be issued not later than 6 years after the return was filed. For purposes of this paragraph, there shall not be taken into account any amount which is omitted in the return if such amount is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Department of the nature and the amount of such item. (c) No return or fraudulent return. If no return is filed or a false and fraudulent return is filed with intent to evade the tax imposed by this Act, a notice of deficiency may be issued at any time. (d) Failure to report federal change. If a taxpayer fails to notify the Department in any case where notification is required by Section 304(c) or 506(b), or fails to report a change or correction which is treated in the same manner as if it were a deficiency for federal income tax purposes, a notice of deficiency may be issued (i) at any time or (ii) on or after August 13, 1999
[May 15, 2001] 102 shall be limited to the amount of any deficiency resulting under this Act from recomputation of the taxpayer's net income, net loss, or Article 2 credits for the taxable year after giving effect to the item or items reflected in the reported alteration. (2) On and after August 13, 1999
103 [May 15, 2001] representing the estate of such decedent, or by such corporation, but not more than 3 years after the date the return was filed. This Subsection shall not apply in the case of a corporation unless: (1) (A) Such written request notifies the Department that the corporation contemplates dissolution at or before the expiration of such 18-month period, (B) the dissolution is begun in good faith before the expiration of such 18-month period, and (C) the dissolution is completed; (2) (A) Such written request notifies the Department that a dissolution has in good faith been begun, and (B) the dissolution is completed; or (3) A dissolution has been completed at the time such written request is made. (j) Withholding tax. In the case of returns required under Article 7 of this Act (with respect to any amounts withheld as tax or any amounts required to have been withheld as tax) a notice of deficiency shall be issued not later than 3 years after the 15th day of the 4th month following the close of the calendar year in which such withholding was required. (k) Penalties for failure to make information reports. A notice of deficiency for the penalties provided by Subsection 1405.1(c) of this Act may not be issued more than 3 years after the due date of the reports with respect to which the penalties are asserted. (l) Penalty for failure to file withholding returns. A notice of deficiency for penalties provided by Section 1004 of this Act for taxpayer's failure to file withholding returns may not be issued more than three years after the 15th day of the 4th month following the close of the calendar year in which the withholding giving rise to taxpayer's obligation to file those returns occurred. (m) Transferee liability. A notice of deficiency may be issued to a transferee relative to a liability asserted under Section 1405 during time periods defined as follows: 1) Initial Transferee. In the case of the liability of an initial transferee, up to 2 years after the expiration of the period of limitation for assessment against the transferor, except that if a court proceeding for review of the assessment against the transferor has begun, then up to 2 years after the return of the certified copy of the judgment in the court proceeding. 2) Transferee of Transferee. In the case of the liability of a transferee, up to 2 years after the expiration of the period of limitation for assessment against the preceding transferee, but not more than 3 years after the expiration of the period of limitation for assessment against the initial transferor; except that if, before the expiration of the period of limitation for the assessment of the liability of the transferee, a court proceeding for the collection of the tax or liability in respect thereof has been begun against the initial transferor or the last preceding transferee, as the case may be, then the period of limitation for assessment of the liability of the transferee shall expire 2 years after the return of the certified copy of the judgment in the court proceeding. (n) Notice of decrease in net loss. On and after the effective date of this amendatory Act of the 92nd General Assembly, no notice of deficiency shall be issued as the result of a decrease determined by the Department in the net loss incurred by a taxpayer under Section 207 of this Act unless the Department has notified the taxpayer of the proposed decrease within 3 years after the return reporting the loss was filed or within one year after an amended return reporting an increase in the loss was filed, provided that in the case of an amended return, a decrease proposed by the Department more than 3 years after the original return was filed may not exceed the increase claimed by the taxpayer on the original return. (Source: P.A. 90-491, eff. 1-1-98; 91-541, eff. 8-13-99.) (35 ILCS 5/911) (from Ch. 120, par. 9-911) Sec. 911. Limitations on Claims for Refund. (a) In general. Except as otherwise provided in this Act:
[May 15, 2001] 104 (1) A claim for refund shall be filed not later than 3 years after the date the return was filed (in the case of returns required under Article 7 of this Act respecting any amounts withheld as tax, not later than 3 years after the 15th day of the 4th month following the close of the calendar year in which such withholding was made), or one year after the date the tax was paid, whichever is the later; and (2) No credit or refund shall be allowed or made with respect to the year for which the claim was filed unless such claim is filed within such period. (b) Federal changes. (1) In general. In any case where notification of an alteration is required by Section 506 (b), a claim for refund may be filed within 2 years after the date on which such notification was due (regardless of whether such notice was given), but the amount recoverable pursuant to a claim filed under this Section shall be limited to the amount of any overpayment resulting under this Act from recomputation of the taxpayer's net income, net loss, or Article 2 credits for the taxable year after giving effect to the item or items reflected in the alteration required to be reported. (2) Tentative carryback adjustments paid before January 1, 1974. If, as the result of the payment before January 1, 1974 of a federal tentative carryback adjustment, a notification of an alteration is required under Section 506 (b), a claim for refund may be filed at any time before January 1, 1976, but the amount recoverable pursuant to a claim filed under this Section shall be limited to the amount of any overpayment resulting under this Act from recomputation of the taxpayer's base income for the taxable year after giving effect to the federal alteration resulting from the tentative carryback adjustment irrespective of any limitation imposed in paragraph (l) of this subsection. (c) Extension by agreement. Where, before the expiration of the time prescribed in this section for the filing of a claim for refund, both the Department and the claimant shall have consented in writing to its filing after such time, such claim may be filed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. In the case of a taxpayer who is a partnership, Subchapter S corporation, or trust and who enters into an agreement with the Department pursuant to this subsection on or after January 1, 2002, a claim for refund may be issued to the partners, shareholders, or beneficiaries of the taxpayer at any time prior to the expiration of the period agreed upon. Any refund allowed pursuant to the claim, however, shall be limited to the amount of any overpayment of tax due under this Act that results from recomputation of items of income, deduction, credits, or other amounts of the taxpayer that are taken into account by the partner, shareholder, or beneficiary in computing its liability under this Act. (d) Limit on amount of credit or refund. (1) Limit where claim filed within 3-year period. If the claim was filed by the claimant during the 3-year period prescribed in subsection (a), the amount of the credit or refund shall not exceed the portion of the tax paid within the period, immediately preceding the filing of the claim, equal to 3 years plus the period of any extension of time for filing the return. (2) Limit where claim not filed within 3-year period. If the claim was not filed within such 3-year period, the amount of the credit or refund shall not exceed the portion of the tax paid during the one year immediately preceding the filing of the claim. (e) Time return deemed filed. For purposes of this section a tax return filed before the last day prescribed by law for the filing of such return (including any extensions thereof) shall be deemed to have been filed on such last day. (f) No claim for refund based on the taxpayer's taking a credit for estimated tax payments as provided by Section 601 (b) (2) or for
105 [May 15, 2001] any amount paid by a taxpayer pursuant to Section 602(a) or for any amount of credit for tax withheld pursuant to Section 701 may be filed more than 3 years after the due date, as provided by Section 505, of the return which was required to be filed relative to the taxable year for which the payments were made or for which the tax was withheld. The changes in this subsection (f) made by this amendatory Act of 1987 shall apply to all taxable years ending on or after December 31, 1969. (g) Special Period of Limitation with Respect to Net Loss Carrybacks. If the claim for refund relates to an overpayment attributable to a net loss carryback as provided by Section 207, in lieu of the 3 year period of limitation prescribed in subsection (a), the period shall be that period which ends 3 years after the time prescribed by law for filing the return (including extensions thereof) for the taxable year of the net loss which results in such carryback (or, on and after August 13, 1999
[May 15, 2001] 106 the principal place from which the trade or business of the taxpayer is directed or managed. (3) Compensation. The term "compensation" means wages, salaries, commissions and any other form of remuneration paid to employees for personal services. (4) Corporation. The term "corporation" includes associations, joint-stock companies, insurance companies and cooperatives. Any entity, including a limited liability company formed under the Illinois Limited Liability Company Act, shall be treated as a corporation if it is so classified for federal income tax purposes. (5) Department. The term "Department" means the Department of Revenue of this State. (6) Director. The term "Director" means the Director of Revenue of this State. (7) Fiduciary. The term "fiduciary" means a guardian, trustee, executor, administrator, receiver, or any person acting in any fiduciary capacity for any person. (8) Financial organization. (A) The term "financial organization" means any bank, bank holding company, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, building and loan association, credit union, currency exchange, cooperative bank, small loan company, sales finance company, investment company, or any person which is owned by a bank or bank holding company. For the purpose of this Section a "person" will include only those persons which a bank holding company may acquire and hold an interest in, directly or indirectly, under the provisions of the Bank Holding Company Act of 1956 (12 U.S.C. 1841, et seq.), except where interests in any person must be disposed of within certain required time limits under the Bank Holding Company Act of 1956. (B) For purposes of subparagraph (A) of this paragraph, the term "bank" includes (i) any entity that is regulated by the Comptroller of the Currency under the National Bank Act, or by the Federal Reserve Board, or by the Federal Deposit Insurance Corporation and (ii) any federally or State chartered bank operating as a credit card bank. (C) For purposes of subparagraph (A) of this paragraph, the term "sales finance company" has the meaning provided in the following item (i) or (ii): (i) A person primarily engaged in one or more of the following businesses: the business of purchasing customer receivables, the business of making loans upon the security of customer receivables, the business of making loans for the express purpose of funding purchases of tangible personal property or services by the borrower, or the business of finance leasing. For purposes of this item (i), "customer receivable" means: (a) a retail installment contract or retail charge agreement within the meaning of the Sales Finance Agency Act, the Retail Installment Sales Act, or the Motor Vehicle Retail Installment Sales Act; (b) an installment, charge, credit, or similar contract or agreement arising from the sale of tangible personal property or services in a transaction involving a deferred payment price payable in one or more installments subsequent to the sale; or (c) the outstanding balance of a contract or agreement described in provisions (a) or (b) of this item (i). A customer receivable need not provide for payment of interest on deferred payments. A sales finance company may purchase a customer receivable from, or make a loan secured by a customer receivable to, the seller in the original
107 [May 15, 2001] transaction or to a person who purchased the customer receivable directly or indirectly from that seller. (ii) A corporation meeting each of the following criteria: (a) the corporation must be a member of an "affiliated group" within the meaning of Section 1504(a) of the Internal Revenue Code, determined without regard to Section 1504(b) of the Internal Revenue Code; (b) more than 50% of the gross income of the corporation for the taxable year must be interest income derived from qualifying loans. A "qualifying loan" is a loan made to a member of the corporation's affiliated group that originates customer receivables (within the meaning of item (i)) or to whom customer receivables originated by a member of the affiliated group have been transferred, to the extent the average outstanding balance of loans from that corporation to members of its affiliated group during the taxable year do not exceed the limitation amount for that corporation. The "limitation amount" for a corporation is the average outstanding balances during the taxable year of customer receivables (within the meaning of item (i)) originated by all members of the affiliated group. If the average outstanding balances of the loans made by a corporation to members of its affiliated group exceed the limitation amount, the interest income of that corporation from qualifying loans shall be equal to its interest income from loans to members of its affiliated groups times a fraction equal to the limitation amount divided by the average outstanding balances of the loans made by that corporation to members of its affiliated group; (c) the total of all shareholder's equity (including, without limitation, paid-in capital on common and preferred stock and retained earnings) of the corporation plus the total of all of its loans, advances, and other obligations payable or owed to members of its affiliated group may not exceed 20% of the total assets of the corporation at any time during the tax year; and (d) more than 50% of all interest-bearing obligations of the affiliated group payable to persons outside the group determined in accordance with generally accepted accounting principles must be obligations of the corporation. This amendatory Act of the 91st General Assembly is declaratory of existing law. (D) Subparagraphs (B) and (C) of this paragraph are declaratory of existing law and apply retroactively, for all tax years beginning on or before December 31, 1996, to all original returns, to all amended returns filed no later than 30 days after the effective date of this amendatory Act of 1996, and to all notices issued on or before the effective date of this amendatory Act of 1996 under subsection (a) of Section 903, subsection (a) of Section 904, subsection (e) of Section 909, or Section 912. A taxpayer that is a "financial organization" that engages in any transaction with an affiliate shall be a "financial organization" for all purposes of this Act. (E) For all tax years beginning on or before December 31, 1996, a taxpayer that falls within the definition of a "financial organization" under subparagraphs (B) or (C) of this paragraph, but who does not fall within the definition of a "financial organization" under the Proposed Regulations issued by the Department of Revenue on July 19, 1996, may irrevocably elect to apply the Proposed Regulations for all of those years as though the Proposed Regulations had been lawfully promulgated, adopted, and in effect for all of those
[May 15, 2001] 108 years. For purposes of applying subparagraphs (B) or (C) of this paragraph to all of those years, the election allowed by this subparagraph applies only to the taxpayer making the election and to those members of the taxpayer's unitary business group who are ordinarily required to apportion business income under the same subsection of Section 304 of this Act as the taxpayer making the election. No election allowed by this subparagraph shall be made under a claim filed under subsection (d) of Section 909 more than 30 days after the effective date of this amendatory Act of 1996. (F) Finance Leases. For purposes of this subsection, a finance lease shall be treated as a loan or other extension of credit, rather than as a lease, regardless of how the transaction is characterized for any other purpose, including the purposes of any regulatory agency to which the lessor is subject. A finance lease is any transaction in the form of a lease in which the lessee is treated as the owner of the leased asset entitled to any deduction for depreciation allowed under Section 167 of the Internal Revenue Code. (9) Fiscal year. The term "fiscal year" means an accounting period of 12 months ending on the last day of any month other than December. (10) Includes and including. The terms "includes" and "including" when used in a definition contained in this Act shall not be deemed to exclude other things otherwise within the meaning of the term defined. (11) Internal Revenue Code. The term "Internal Revenue Code" means the United States Internal Revenue Code of 1954 or any successor law or laws relating to federal income taxes in effect for the taxable year. (12) Mathematical error. The term "mathematical error" includes the following types of errors, omissions, or defects in a return filed by a taxpayer which prevents acceptance of the return as filed for processing: (A) arithmetic errors or incorrect computations on the return or supporting schedules; (B) entries on the wrong lines; (C) omission of required supporting forms or schedules or the omission of the information in whole or in part called for thereon; and (D) an attempt to claim, exclude, deduct, or improperly report, in a manner directly contrary to the provisions of the Act and regulations thereunder any item of income, exemption, deduction, or credit. (13) Nonbusiness income. The term "nonbusiness income" means all income other than business income or compensation. (14) Nonresident. The term "nonresident" means a person who is not a resident. (15) Paid, incurred and accrued. The terms "paid", "incurred" and "accrued" shall be construed according to the method of accounting upon the basis of which the person's base income is computed under this Act. (16) Partnership and partner. The term "partnership" includes a syndicate, group, pool, joint venture or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this Act, a trust or estate or a corporation; and the term "partner" includes a member in such syndicate, group, pool, joint venture or organization. The term "partnership" includes any entity, including a limited liability company formed under the Illinois Limited Liability Company Act, classified as a partnership for federal income tax purposes. The term "partnership" does not include a syndicate, group, pool, joint venture, or other unincorporated organization established for the sole purpose of playing the Illinois State
109 [May 15, 2001] Lottery. (17) Part-year resident. The term "part-year resident" means an individual who became a resident during the taxable year or ceased to be a resident during the taxable year. Under Section 1501 (a) (20) (A) (i) residence commences with presence in this State for other than a temporary or transitory purpose and ceases with absence from this State for other than a temporary or transitory purpose. Under Section 1501 (a) (20) (A) (ii) residence commences with the establishment of domicile in this State and ceases with the establishment of domicile in another State. (18) Person. The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, firm, company, corporation, limited liability company, or fiduciary. For purposes of Section 1301 and 1302 of this Act, a "person" means (i) an individual, (ii) a corporation, (iii) an officer, agent, or employee of a corporation, (iv) a member, agent or employee of a partnership, or (v) a member, manager, employee, officer, director, or agent of a limited liability company who in such capacity commits an offense specified in Section 1301 and 1302. (18A) Records. The term "records" includes all data maintained by the taxpayer, whether on paper, microfilm, microfiche, or any type of machine-sensible data compilation. (19) Regulations. The term "regulations" includes rules promulgated and forms prescribed by the Department. (20) Resident. The term "resident" means: (A) an individual (i) who is in this State for other than a temporary or transitory purpose during the taxable year; or (ii) who is domiciled in this State but is absent from the State for a temporary or transitory purpose during the taxable year; (B) The estate of a decedent who at his or her death was domiciled in this State; (C) A trust created by a will of a decedent who at his death was domiciled in this State; and (D) An irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable. For purpose of this subparagraph, a trust shall be considered irrevocable to the extent that the grantor is not treated as the owner thereof under Sections 671 through 678 of the Internal Revenue Code. (21) Sales. The term "sales" means all gross receipts of the taxpayer not allocated under Sections 301, 302 and 303. (22) State. The term "state" when applied to a jurisdiction other than this State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any Territory or Possession of the United States, and any foreign country, or any political subdivision of any of the foregoing. For purposes of the foreign tax credit under Section 601, the term "state" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, or any political subdivision of any of the foregoing, effective for tax years ending on or after December 31, 1989. (23) Taxable year. The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the base income is computed under this Act. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of this Act, the period for which such return is made. (24) Taxpayer. The term "taxpayer" means any person subject to the tax imposed by this Act. (25) International banking facility. The term international banking facility shall have the same meaning as is set forth in the Illinois Banking Act or as is set forth in the laws of the United States or regulations of the Board of Governors of the Federal
[May 15, 2001] 110 Reserve System. (26) Income Tax Return Preparer. (A) The term "income tax return preparer" means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any return of tax imposed by this Act or any claim for refund of tax imposed by this Act. The preparation of a substantial portion of a return or claim for refund shall be treated as the preparation of that return or claim for refund. (B) A person is not an income tax return preparer if all he or she does is (i) furnish typing, reproducing, or other mechanical assistance; (ii) prepare returns or claims for refunds for the employer by whom he or she is regularly and continuously employed; (iii) prepare as a fiduciary returns or claims for refunds for any person; or (iv) prepare claims for refunds for a taxpayer in response to any notice of deficiency issued to that taxpayer or in response to any waiver of restriction after the commencement of an audit of that taxpayer or of another taxpayer if a determination in the audit of the other taxpayer directly or indirectly affects the tax liability of the taxpayer whose claims he or she is preparing. (27) Unitary business group. The term "unitary business group" means a group of persons related through common ownership whose business activities are integrated with, dependent upon and contribute to each other. The group will not include those members whose business activity outside the United States is 80% or more of any such member's total business activity; for purposes of this paragraph and clause (a) (3) (B) (ii) of Section 304, business activity within the United States shall be measured by means of the factors ordinarily applicable under subsections (a), (b), (c), (d), or (h) of Section 304 except that, in the case of members ordinarily required to apportion business income by means of the 3 factor formula of property, payroll and sales specified in subsection (a) of Section 304, including the formula as weighted in subsection (h) of Section 304, such members shall not use the sales factor in the computation and the results of the property and payroll factor computations of subsection (a) of Section 304 shall be divided by 2 (by one if either the property or payroll factor has a denominator of zero). The computation required by the preceding sentence shall, in each case, involve the division of the member's property, payroll, or revenue miles in the United States, insurance premiums on property or risk in the United States, or financial organization business income from sources within the United States, as the case may be, by the respective worldwide figures for such items. Common ownership in the case of corporations is the direct or indirect control or ownership of more than 50% of the outstanding voting stock of the persons carrying on unitary business activity. Unitary business activity can ordinarily be illustrated where the activities of the members are: (1) in the same general line (such as manufacturing, wholesaling, retailing of tangible personal property, insurance, transportation or finance); or (2) are steps in a vertically structured enterprise or process (such as the steps involved in the production of natural resources, which might include exploration, mining, refining, and marketing); and, in either instance, the members are functionally integrated through the exercise of strong centralized management (where, for example, authority over such matters as purchasing, financing, tax compliance, product line, personnel, marketing and capital investment is not left to each member). In no event, however, will any unitary business group include members which are ordinarily required to apportion business income under different
111 [May 15, 2001] subsections of Section 304 except that for tax years ending on or after December 31, 1987 this prohibition shall not apply to a unitary business group composed of one or more taxpayers all of which apportion business income pursuant to subsection (b) of Section 304, or all of which apportion business income pursuant to subsection (d) of Section 304, and a holding company of such single-factor taxpayers (see definition of "financial organization" for rule regarding holding companies of financial organizations). If a unitary business group would, but for the preceding sentence, include members that are ordinarily required to apportion business income under different subsections of Section 304, then for each subsection of Section 304 for which there are two or more members, there shall be a separate unitary business group composed of such members. For purposes of the preceding two sentences, a member is "ordinarily required to apportion business income" under a particular subsection of Section 304 if it would be required to use the apportionment method prescribed by such subsection except for the fact that it derives business income solely from Illinois. If the unitary business group members' accounting periods differ, the common parent's accounting period or, if there is no common parent, the accounting period of the member that is expected to have, on a recurring basis, the greatest Illinois income tax liability must be used to determine whether to use the apportionment method provided in subsection (a) or subsection (h) of Section 304. The prohibition against membership in a unitary business group for taxpayers ordinarily required to apportion income under different subsections of Section 304 does not apply to taxpayers required to apportion income under subsection (a) and subsection (h) of Section 304. The provisions of this amendatory Act of 1998 apply to tax years ending on or after December 31, 1998. (28) Subchapter S corporation. The term "Subchapter S corporation" means a corporation for which there is in effect an election under Section 1362 of the Internal Revenue Code, or for which there is a federal election to opt out of the provisions of the Subchapter S Revision Act of 1982 and have applied instead the prior federal Subchapter S rules as in effect on July 1, 1982. (b) Other definitions. (1) Words denoting number, gender, and so forth, when used in this Act, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof: (A) Words importing the singular include and apply to several persons, parties or things; (B) Words importing the plural include the singular; and (C) Words importing the masculine gender include the feminine as well. (2) "Company" or "association" as including successors and assigns. The word "company" or "association", when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association", and in like manner as if these last-named words, or words of similar import, were expressed. (3) Other terms. Any term used in any Section of this Act with respect to the application of, or in connection with, the provisions of any other Section of this Act shall have the same meaning as in such other Section. (Source: P.A. 90-613, eff. 7-9-98; 91-535, eff. 1-1-00; 91-913, eff. 1-1-01.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3288 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives
[May 15, 2001] 112 that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3314 A bill for AN ACT in relation to criminal law. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3314. Passed the Senate, as amended, May 15, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3314 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Code of Criminal Procedure of 1963 is amended by adding Sections 112A-17.5 and 112A-28.5 as follows: (725 ILCS 5/112A-17.5 new) Sec. 112A-17.5. Notice of orders. (a) Entry and issuance. When a person is charged with a criminal offense and released on bond and the victim of the offense is a family or household member and the condition of the bond is that the defendant refrain from contact or communications with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes, the clerk shall immediately, or on the next court day, enter the order on the record and file it in accordance with circuit court procedures and provide a file stamped copy of the order to defendant, if present, and to the victim, if present. (b) No Contact with family victim orders. The court order shall include the following information: (1) the court case number. (2) the issue date of the order. (3) the expiration date of the order, not to exceed 2 years. (4) the defendant's name, sex, race, date of birth, height, weight, hair, and eye color. (5) the conditions of bond, including specific remedy. (6) the victim's name. (7) the protected person's name. (8) the protected person's address. (c) Filing with sheriff. The clerk of the judge who issued the order shall, on the same day that the order is issued, file a certified copy of that order with the sheriff. (d) Service by sheriff. Unless the defendant was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the defendant and file proof of that service, in the manner provided for service of process. (725 ILCS 5/112A-28.5 new) Sec. 112A-28.5. Entry of orders into LEADS. (a) The Department of State Police shall enter into the Law Enforcement Agencies Data System (LEADS) the no contact with family victim order information. The LEADS file must include the name and address of each person who has been charged with a criminal offense in which the victim of the offense is a family or household member and who has been released on bond in which the condition of the bond is that the defendant refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release and
113 [May 15, 2001] refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes. (b) The sheriff shall enter the no contact with family victim order into LEADS as soon as possible after receiving the order. The order must be entered into LEADS on the same day the sheriff receives the order. (c) Retention. The information must be retained in LEADS in a history file for 90 days after the expiration date of the no contact with family victim order before the information may be removed from the LEADS file. Section 10. The Illinois Domestic Violence Act of 1986 is amended by adding Sections 217.5 and 302.5 as follows: (750 ILCS 60/217.5 new) Sec. 217.5. Notice of orders. (a) Entry and issuance. When a person is charged with a criminal offense and released on bond and the victim of the offense is a family or household member and the condition of the bond is that the defendant refrain from contact or communications with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes, the clerk shall immediately, or on the next court day, enter the order on the record and file it in accordance with circuit court procedures and provide a file stamped copy of the order to defendant, if present, and to the victim, if present. (b) No Contact with family victim orders. The court order shall include the following information: (1) the court case number. (2) the issue date of the order. (3) the expiration date of the order, not to exceed 2 years. (4) the defendant's name, sex, race, date of birth, height, weight, hair, and eye color. (5) the conditions of bond, including specific remedy. (6) the victim's name. (7) the protected person's name. (8) the protected person's address. (c) Filing with sheriff. The clerk of the judge who issued the order shall, on the same day that the order is issued, file a certified copy of that order with the sheriff. (d) Service by sheriff. Unless the defendant was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the defendant and file proof of that service, in the manner provided for service of process. (750 ILCS 60/302.5 new) Sec. 302.5. Entry of orders into LEADS. (a) The Department of State Police shall enter into the Law Enforcement Agencies Data System (LEADS) the no contact with family victim order information. The LEADS file must include the name and address of each person who has been charged with a criminal offense in which the victim of the offense is a family or household member and who has been released on bond in which the condition of the bond is that the defendant refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes. (b) The sheriff shall enter the no contact with family victim order into LEADS as soon as possible after receiving the order. The order must be entered into LEADS on the same day the sheriff receives the order. (c) Retention. The information must be retained in LEADS in a
[May 15, 2001] 114 history file for 90 days after the expiration date of the no contact with family victim order before the information may be removed from the LEADS file. Section 99. Effective date. This Act takes effect July 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3314 was placed on the Calendar on the order of Concurrence. CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Winters asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1270. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative O'Connor, SENATE BILL 5 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 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. On motion of Representative Durkin, SENATE BILL 21 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affrimative by the following vote: 112, Yeas; 0, Nays; 2, 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. On motion of Representative Eileen Lyons, SENATE BILL 115 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Wait, SENATE BILL 162 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: 95, Yeas; 17, Nays; 2, Answering Present. (ROLL CALL 5) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Acevedo, SENATE BILL 368 was taken up
115 [May 15, 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: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Osterman, SENATE BILL 382 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 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Tenhouse, SENATE BILL 574 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 80, Yeas; 32, Nays; 2, Answering Present. (ROLL CALL 8) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative O'Brien, SENATE BILL 713 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Burke, SENATE BILL 761 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 113, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 10) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Eileen Lyons, SENATE BILL 869 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 11) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Brosnahan, SENATE BILL 940 was taken up and read by title a third time.
[May 15, 2001] 116 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 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Meyer, SENATE BILL 1097 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative McKeon, SENATE BILL 1521 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; 3, Nays; 0, Answering Present. (ROLL CALL 14) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Granberg, SENATE BILL 298 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 109, Yeas; 5, 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. On motion of Representative Saviano, SENATE BILL 526 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 80, Yeas; 32, Nays; 2, Answering Present. (ROLL CALL 16) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Saviano, SENATE BILL 527 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 17) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Saviano, SENATE BILL 528 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.
117 [May 15, 2001] (ROLL CALL 18) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Dart, SENATE BILL 3 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Curry, HOUSE BILL 3363 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 94, Yeas; 21, 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. RECALLS By unanimous consent, on motion of Representative Mathias, SENATE BILL 1522 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON SECOND READING Having been printed, the following bills were taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILLS 170, 174, 384, 406, 824, 829, 830, 831, 857, 874, 881, 882, 914 and 1150. SENATE BILL 663. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 663 AMENDMENT NO. 1. Amend Senate Bill 663 by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Sections 4-8, 5-7, 6-35, 16-3, and 16-6.1 and by adding Sections 4-6.4, 5-16.4, and 6-50.4 as follows: (10 ILCS 5/4-6.4 new) Sec. 4-6.4. Registration from another jurisdiction. The county clerk must accept an application for registration in another election jurisdiction in this State and must forward that application, after
[May 15, 2001] 118 having made a record of it, to the county clerk or board of election commissioners of the other election jurisdiction within 3 business days after accepting it. The county clerk or board of election commissioners receiving the transmitted application shall treat the application as if it had been originally filed with that county clerk or board of election commissioners. The date the transmitting county clerk accepted the application from the applicant shall determine the voter's eligibility to vote in the next ensuing election. (10 ILCS 5/4-8) (from Ch. 46, par. 4-8) Sec. 4-8. The county clerk shall provide a sufficient number of blank forms for the registration of electors, which shall be known as registration record cards and which shall consist of loose leaf sheets or cards, of suitable size to contain in plain writing and figures the data hereinafter required thereon or shall consist of computer cards of suitable nature to contain the data required thereon. The registration record cards, which shall include an affidavit of registration as hereinafter provided, shall be executed in duplicate. The registration record card shall contain the following and such other information as the county clerk may think it proper to require for the identification of the applicant for registration: Name. The name of the applicant, giving surname and first or Christian name in full, and the middle name or the initial for such middle name, if any. Sex. Residence. The name and number of the street, avenue, or other location of the dwelling, including the apartment, unit or room number, if any, and in the case of a mobile home the lot number, and such additional clear and definite description as may be necessary to determine the exact location of the dwelling of the applicant. Where the location cannot be determined by street and number, then the section, congressional township and range number may be used, or such other description as may be necessary, including post-office mailing address. In the case of a homeless individual, the individual's voting residence that is his or her mailing address shall be included on his or her registration record card. Term of residence in the State of Illinois and precinct. This information shall be furnished by the applicant stating the place or places where he resided and the dates during which he resided in such place or places during the year next preceding the date of the next ensuing election. Nativity. The state or country in which the applicant was born. Citizenship. Whether the applicant is native born or naturalized. If naturalized, the court, place, and date of naturalization. Date of application for registration, i.e., the day, month and year when applicant presented himself for registration. Age. Date of birth, by month, day and year. Physical disability of the applicant, if any, at the time of registration, which would require assistance in voting. The county and state in which the applicant was last registered. Signature of voter. The applicant, after the registration and in the presence of a deputy registrar or other officer of registration shall be required to sign his or her name in ink to the affidavit on both the original and duplicate registration record cards. Signature of deputy registrar or officer of registration. In case applicant is unable to sign his name, he may affix his mark to the affidavit. In such case the officer empowered to give the registration oath shall write a detailed description of the applicant in the space provided on the back or at the bottom of the card or sheet; and shall ask the following questions and record the answers thereto: Father's first name. Mother's first name. From what address did the applicant last register? Reason for inability to sign name. Each applicant for registration shall make an affidavit in substantially the following form:
119 [May 15, 2001] AFFIDAVIT OF REGISTRATION STATE OF ILLINOIS COUNTY OF ....... I hereby swear (or affirm) that I am a citizen of the United States; that on the date of the next election I shall have resided in the State of Illinois and in the election precinct in which I reside 30 days and that I intend that this location shall be my residence; that I am fully qualified to vote, and that the above statements are true. .............................. (His or her signature or mark) Subscribed and sworn to before me on (insert date). .................................. Signature of registration officer. (To be signed in presence of registrant.) Space shall be provided upon the face of each registration record card for the notation of the voting record of the person registered thereon. Each registration record card shall be numbered according to precincts, and may be serially or otherwise marked for identification in such manner as the county clerk may determine. The registration cards shall be deemed public records and shall be open to inspection during regular business hours, except during the 28 days immediately preceding any election. On written request of any candidate or objector or any person intending to object to a petition, the election authority shall extend its hours for inspection of registration cards and other records of the election authority during the period beginning with the filing of petitions under Sections 7-10, 8-8, 10-6 or 28-3 and continuing through the termination of electoral board hearings on any objections to petitions containing signatures of registered voters in the jurisdiction of the election authority. The extension shall be for a period of hours sufficient to allow adequate opportunity for examination of the records but the election authority is not required to extend its hours beyond the period beginning at its normal opening for business and ending at midnight. If the business hours are so extended, the election authority shall post a public notice of such extended hours. Registration record cards may also be inspected, upon approval of the officer in charge of the cards, during the 28 days immediately preceding any election. Registration record cards shall also be open to inspection by certified judges and poll watchers and challengers at the polling place on election day, but only to the extent necessary to determine the question of the right of a person to vote or to serve as a judge of election. At no time shall poll watchers or challengers be allowed to physically handle the registration record cards. Updated copies of computer tapes or computer discs or other electronic data processing information containing voter registration information shall be furnished by the county clerk within 10 days after December 15 and May 15 each year and within 10 days after each registration period is closed to the State Board of Elections in a form prescribed by the Board. For the purposes of this Section, a registration period is closed 28 days before the date of any regular or special election. Registration information shall include, but not be limited to, the following information: name, sex, residence, telephone number, if any, age, party affiliation, if applicable, precinct, ward, township, county, and representative, legislative and congressional districts. In the event of noncompliance, the State Board of Elections is directed to obtain compliance forthwith with this nondiscretionary duty of the election authority by instituting legal proceedings in the circuit court of the county in which the election authority maintains the registration information. The costs of furnishing updated copies of tapes or discs shall be paid at a rate of $.00034 per name of registered voters in the election jurisdiction, but not less than $50 per tape or disc and shall be paid from appropriations made to the State Board of Elections for reimbursement to the election authority for such purpose. The Board shall furnish copies of such tapes, discs, other electronic data or compilations thereof to state political
[May 15, 2001] 120 committees registered pursuant to the Illinois Campaign Finance Act or the Federal Election Campaign Act at their request and at a reasonable cost. Copies of the tapes, discs or other electronic data shall be furnished by the county clerk to local political committees at their request and at a reasonable cost. Reasonable cost of the tapes, discs, et cetera for this purpose would be the cost of duplication plus 15% for administration. The individual representing a political committee requesting copies of such tapes shall make a sworn affidavit that the information shall be used only for bona fide political purposes, including by or for candidates for office or incumbent office holders. Such tapes, discs or other electronic data shall not be used under any circumstances by any political committee or individuals for purposes of commercial solicitation or other business purposes. If such tapes contain information on county residents related to the operations of county government in addition to registration information, that information shall not be used under any circumstances for commercial solicitation or other business purposes. The prohibition in this Section against using the computer tapes or computer discs or other electronic data processing information containing voter registration information for purposes of commercial solicitation or other business purposes shall be prospective only from the effective date of this amended Act of 1979. Any person who violates this provision shall be guilty of a Class 4 felony. The State Board of Elections shall promulgate, by October 1, 1987, such regulations as may be necessary to ensure uniformity throughout the State in electronic data processing of voter registration information. The regulations shall include, but need not be limited to, specifications for uniform medium, communications protocol and file structure to be employed by the election authorities of this State in the electronic data processing of voter registration information. Each election authority utilizing electronic data processing of voter registration information shall comply with such regulations on and after May 15, 1988. If the applicant for registration was last registered in another county within this State, he shall also sign a certificate authorizing cancellation of the former registration. The certificate shall be in substantially the following form: To the County Clerk of.... County, Illinois. (or) To the Election Commission of the City of ...., Illinois. This is to certify that I am registered in your (county) (city) and that my residence was ................................................. Having moved out of your (county) (city), I hereby authorize you to cancel said registration in your office. Dated at ...., Illinois, on (insert date). ................................. (Signature of Voter) Attest: ................, County Clerk, ............. County, Illinois. The cancellation certificate shall be mailed immediately by the County Clerk to the County Clerk (or election commission as the case may be) where the applicant was formerly registered. Receipt of such certificate shall be full authority for cancellation of any previous registration. (Source: P.A. 91-357, eff. 7-29-99.) (10 ILCS 5/5-7) (from Ch. 46, par. 5-7) Sec. 5-7. The county clerk shall provide a sufficient number of blank forms for the registration of electors which shall be known as registration record cards and which shall consist of loose leaf sheets or cards, of suitable size to contain in plain writing and figures the data hereinafter required thereon or shall consist of computer cards of suitable nature to contain the data required thereon. The registration record cards, which shall include an affidavit of registration as hereinafter provided, shall be executed in duplicate. The registration record card shall contain the following and such other information as the county clerk may think it proper to require for the identification of the applicant for registration:
121 [May 15, 2001] Name. The name of the applicant, giving surname and first or Christian name in full, and the middle name or the initial for such middle name, if any. Sex. Residence. The name and number of the street, avenue, or other location of the dwelling, including the apartment, unit or room number, if any, and in the case of a mobile home the lot number, and such additional clear and definite description as may be necessary to determine the exact location of the dwelling of the applicant, including post-office mailing address. In the case of a homeless individual, the individual's voting residence that is his or her mailing address shall be included on his or her registration record card. Term of residence in the State of Illinois and the precinct. Which questions may be answered by the applicant stating, in excess of 30 days in the State and in excess of 30 days in the precinct. Nativity. The State or country in which the applicant was born. Citizenship. Whether the applicant is native born or naturalized. If naturalized, the court, place and date of naturalization. Date of application for registration, i.e., the day, month and year when applicant presented himself for registration. Age. Date of birth, by month, day and year. Physical disability of the applicant, if any, at the time of registration, which would require assistance in voting. The county and state in which the applicant was last registered. Signature of voter. The applicant, after the registration and in the presence of a deputy registrar or other officer of registration shall be required to sign his or her name in ink to the affidavit on the original and duplicate registration record card. Signature of Deputy Registrar. In case applicant is unable to sign his name, he may affix his mark to the affidavit. In such case the officer empowered to give the registration oath shall write a detailed description of the applicant in the space provided at the bottom of the card or sheet; and shall ask the following questions and record the answers thereto: Father's first name ....................... Mother's first name ....................... From what address did you last register? Reason for inability to sign name. Each applicant for registration shall make an affidavit in substantially the following form: AFFIDAVIT OF REGISTRATION State of Illinois) )ss County of ) I hereby swear (or affirm) that I am a citizen of the United States; that on the date of the next election I shall have resided in the State of Illinois and in the election precinct in which I reside 30 days; that I am fully qualified to vote. That I intend that this location shall be my residence and that the above statements are true. .............................. (His or her signature or mark) Subscribed and sworn to before me on (insert date). ......................................... Signature of Registration Officer. (To be signed in presence of Registrant.) Space shall be provided upon the face of each registration record card for the notation of the voting record of the person registered thereon. Each registration record card shall be numbered according to towns and precincts, wards, cities and villages, as the case may be, and may be serially or otherwise marked for identification in such manner as the county clerk may determine. The registration cards shall be deemed public records and shall be open to inspection during regular business hours, except during the 28 days immediately preceding any election. On written request of any
[May 15, 2001] 122 candidate or objector or any person intending to object to a petition, the election authority shall extend its hours for inspection of registration cards and other records of the election authority during the period beginning with the filing of petitions under Sections 7-10, 8-8, 10-6 or 28-3 and continuing through the termination of electoral board hearings on any objections to petitions containing signatures of registered voters in the jurisdiction of the election authority. The extension shall be for a period of hours sufficient to allow adequate opportunity for examination of the records but the election authority is not required to extend its hours beyond the period beginning at its normal opening for business and ending at midnight. If the business hours are so extended, the election authority shall post a public notice of such extended hours. Registration record cards may also be inspected, upon approval of the officer in charge of the cards, during the 28 days immediately preceding any election. Registration record cards shall also be open to inspection by certified judges and poll watchers and challengers at the polling place on election day, but only to the extent necessary to determine the question of the right of a person to vote or to serve as a judge of election. At no time shall poll watchers or challengers be allowed to physically handle the registration record cards. Updated copies of computer tapes or computer discs or other electronic data processing information containing voter registration information shall be furnished by the county clerk within 10 days after December 15 and May 15 each year and within 10 days after each registration period is closed to the State Board of Elections in a form prescribed by the Board. For the purposes of this Section, a registration period is closed 28 days before the date of any regular or special election. Registration information shall include, but not be limited to, the following information: name, sex, residence, telephone number, if any, age, party affiliation, if applicable, precinct, ward, township, county, and representative, legislative and congressional districts. In the event of noncompliance, the State Board of Elections is directed to obtain compliance forthwith with this nondiscretionary duty of the election authority by instituting legal proceedings in the circuit court of the county in which the election authority maintains the registration information. The costs of furnishing updated copies of tapes or discs shall be paid at a rate of $.00034 per name of registered voters in the election jurisdiction, but not less than $50 per tape or disc and shall be paid from appropriations made to the State Board of Elections for reimbursement to the election authority for such purpose. The Board shall furnish copies of such tapes, discs, other electronic data or compilations thereof to state political committees registered pursuant to the Illinois Campaign Finance Act or the Federal Election Campaign Act at their request and at a reasonable cost. Copies of the tapes, discs or other electronic data shall be furnished by the county clerk to local political committees at their request and at a reasonable cost. Reasonable cost of the tapes, discs, et cetera for this purpose would be the cost of duplication plus 15% for administration. The individual representing a political committee requesting copies of such tapes shall make a sworn affidavit that the information shall be used only for bona fide political purposes, including by or for candidates for office or incumbent office holders. Such tapes, discs or other electronic data shall not be used under any circumstances by any political committee or individuals for purposes of commercial solicitation or other business purposes. If such tapes contain information on county residents related to the operations of county government in addition to registration information, that information shall not be used under any circumstances for commercial solicitation or other business purposes. The prohibition in this Section against using the computer tapes or computer discs or other electronic data processing information containing voter registration information for purposes of commercial solicitation or other business purposes shall be prospective only from the effective date of this amended Act of 1979. Any person who violates this provision shall be guilty of a Class 4 felony.
123 [May 15, 2001] The State Board of Elections shall promulgate, by October 1, 1987, such regulations as may be necessary to ensure uniformity throughout the State in electronic data processing of voter registration information. The regulations shall include, but need not be limited to, specifications for uniform medium, communications protocol and file structure to be employed by the election authorities of this State in the electronic data processing of voter registration information. Each election authority utilizing electronic data processing of voter registration information shall comply with such regulations on and after May 15, 1988. If the applicant for registration was last registered in another county within this State, he shall also sign a certificate authorizing cancellation of the former registration. The certificate shall be in substantially the following form: To the County Clerk of .... County, Illinois. To the Election Commission of the City of ...., Illinois. This is to certify that I am registered in your (county) (city) and that my residence was ..... Having moved out of your (county) (city), I hereby authorize you to cancel said registration in your office. Dated at .... Illinois, on (insert date). .................... (Signature of Voter) Attest ......, County Clerk, ........ County, Illinois. The cancellation certificate shall be mailed immediately by the county clerk to the county clerk (or election commission as the case may be) where the applicant was formerly registered. Receipt of such certificate shall be full authority for cancellation of any previous registration. (Source: P.A. 91-357, eff. 7-29-99.) (10 ILCS 5/5-16.4 new) Sec. 5-16.4. Registration from another jurisdiction. The county clerk must accept an application for registration in another election jurisdiction in this State and must forward that application, after having made a record of it, to the county clerk or board of election commissioners of the other election jurisdiction within 3 business days after accepting it. The county clerk or board of election commissioners receiving the transmitted application shall treat the application as if it had been originally filed with that county clerk or board of election commissioners. The date the transmitting county clerk accepted the application from the applicant shall determine the voter's eligibility to vote in the next ensuing election. (10 ILCS 5/6-35) (from Ch. 46, par. 6-35) Sec. 6-35. The Boards of Election Commissioners shall provide a sufficient number of blank forms for the registration of electors which shall be known as registration record cards and which shall consist of loose leaf sheets or cards, of suitable size to contain in plain writing and figures the data hereinafter required thereon or shall consist of computer cards of suitable nature to contain the data required thereon. The registration record cards, which shall include an affidavit of registration as hereinafter provided, shall be executed in duplicate. The duplicate of which may be a carbon copy of the original or a copy of the original made by the use of other method or material used for making simultaneous true copies or duplications. The registration record card shall contain the following and such other information as the Board of Election Commissioners may think it proper to require for the identification of the applicant for registration: Name. The name of the applicant, giving surname and first or Christian name in full, and the middle name or the initial for such middle name, if any. Sex. Residence. The name and number of the street, avenue, or other location of the dwelling, including the apartment, unit or room number, if any, and in the case of a mobile home the lot number, and such additional clear and definite description as may be necessary to
[May 15, 2001] 124 determine the exact location of the dwelling of the applicant, including post-office mailing address. In the case of a homeless individual, the individual's voting residence that is his or her mailing address shall be included on his or her registration record card. Term of residence in the State of Illinois and the precinct. Nativity. The state or country in which the applicant was born. Citizenship. Whether the applicant is native born or naturalized. If naturalized, the court, place, and date of naturalization. Date of application for registration, i.e., the day, month and year when the applicant presented himself for registration. Age. Date of birth, by month, day and year. Physical disability of the applicant, if any, at the time of registration, which would require assistance in voting. The county and state in which the applicant was last registered. Signature of voter. The applicant, after registration and in the presence of a deputy registrar or other officer of registration shall be required to sign his or her name in ink to the affidavit on both the original and the duplicate registration record card. Signature of deputy registrar. In case applicant is unable to sign his name, he may affix his mark to the affidavit. In such case the registration officer shall write a detailed description of the applicant in the space provided at the bottom of the card or sheet; and shall ask the following questions and record the answers thereto: Father's first name ......................... Mother's first name ......................... From what address did you last register? .... Reason for inability to sign name ........... Each applicant for registration shall make an affidavit in substantially the following form: AFFIDAVIT OF REGISTRATION State of Illinois ) )ss County of ....... ) I hereby swear (or affirm) that I am a citizen of the United States, that on the day of the next election I shall have resided in the State of Illinois and in the election precinct 30 days and that I intend that this location is my residence; that I am fully qualified to vote, and that the above statements are true. .............................. (His or her signature or mark) Subscribed and sworn to before me on (insert date). ...................................... Signature of registration officer (to be signed in presence of registrant). Space shall be provided upon the face of each registration record card for the notation of the voting record of the person registered thereon. Each registration record card shall be numbered according to wards or precincts, as the case may be, and may be serially or otherwise marked for identification in such manner as the Board of Election Commissioners may determine. The registration cards shall be deemed public records and shall be open to inspection during regular business hours, except during the 28 days immediately preceding any election. On written request of any candidate or objector or any person intending to object to a petition, the election authority shall extend its hours for inspection of registration cards and other records of the election authority during the period beginning with the filing of petitions under Sections 7-10, 8-8, 10-6 or 28-3 and continuing through the termination of electoral board hearings on any objections to petitions containing signatures of registered voters in the jurisdiction of the election authority. The extension shall be for a period of hours sufficient to allow adequate opportunity for examination of the records but the election authority is not required to extend its hours beyond the period beginning at its
125 [May 15, 2001] normal opening for business and ending at midnight. If the business hours are so extended, the election authority shall post a public notice of such extended hours. Registration record cards may also be inspected, upon approval of the officer in charge of the cards, during the 28 days immediately preceding any election. Registration record cards shall also be open to inspection by certified judges and poll watchers and challengers at the polling place on election day, but only to the extent necessary to determine the question of the right of a person to vote or to serve as a judge of election. At no time shall poll watchers or challengers be allowed to physically handle the registration record cards. Updated copies of computer tapes or computer discs or other electronic data processing information containing voter registration information shall be furnished by the Board of Election Commissioners within 10 days after December 15 and May 15 each year and within 10 days after each registration period is closed to the State Board of Elections in a form prescribed by the State Board. For the purposes of this Section, a registration period is closed 28 days before the date of any regular or special election. Registration information shall include, but not be limited to, the following information: name, sex, residence, telephone number, if any, age, party affiliation, if applicable, precinct, ward, township, county, and representative, legislative and congressional districts. In the event of noncompliance, the State Board of Elections is directed to obtain compliance forthwith with this nondiscretionary duty of the election authority by instituting legal proceedings in the circuit court of the county in which the election authority maintains the registration information. The costs of furnishing updated copies of tapes or discs shall be paid at a rate of $.00034 per name of registered voters in the election jurisdiction, but not less than $50 per tape or disc and shall be paid from appropriations made to the State Board of Elections for reimbursement to the election authority for such purpose. The State Board shall furnish copies of such tapes, discs, other electronic data or compilations thereof to state political committees registered pursuant to the Illinois Campaign Finance Act or the Federal Election Campaign Act at their request and at a reasonable cost. Copies of the tapes, discs or other electronic data shall be furnished by the Board of Election Commissioners to local political committees at their request and at a reasonable cost. Reasonable cost of the tapes, discs, et cetera for this purpose would be the cost of duplication plus 15% for administration. The individual representing a political committee requesting copies of such tapes shall make a sworn affidavit that the information shall be used only for bona fide political purposes, including by or for candidates for office or incumbent office holders. Such tapes, discs or other electronic data shall not be used under any circumstances by any political committee or individuals for purposes of commercial solicitation or other business purposes. If such tapes contain information on county residents related to the operations of county government in addition to registration information, that information shall not be used under any circumstances for commercial solicitation or other business purposes. The prohibition in this Section against using the computer tapes or computer discs or other electronic data processing information containing voter registration information for purposes of commercial solicitation or other business purposes shall be prospective only from the effective date of this amended Act of 1979. Any person who violates this provision shall be guilty of a Class 4 felony. The State Board of Elections shall promulgate, by October 1, 1987, such regulations as may be necessary to ensure uniformity throughout the State in electronic data processing of voter registration information. The regulations shall include, but need not be limited to, specifications for uniform medium, communications protocol and file structure to be employed by the election authorities of this State in the electronic data processing of voter registration information. Each election authority utilizing electronic data processing of voter registration information shall comply with such regulations on and
[May 15, 2001] 126 after May 15, 1988. If the applicant for registration was last registered in another county within this State, he shall also sign a certificate authorizing cancellation of the former registration. The certificate shall be in substantially the following form: To the County Clerk of .... County, Illinois. To the Election Commission of the City of ...., Illinois. This is to certify that I am registered in your (county) (city) and that my residence was ..... Having moved out of your (county), (city), I hereby authorize you to cancel that registration in your office. Dated at ...., Illinois, on (insert date). .................... (Signature of Voter) Attest ...., Clerk, Election Commission of the City of...., Illinois. The cancellation certificate shall be mailed immediately by the clerk of the Election Commission to the county clerk, (or Election Commission as the case may be) where the applicant was formerly registered. Receipt of such certificate shall be full authority for cancellation of any previous registration. (Source: P.A. 91-357, eff. 7-29-99.) (10 ILCS 5/6-50.4 new) Sec. 6-50.4. Registration from another jurisdiction. The board of election commissioners must accept an application for registration in another election jurisdiction in this State and must forward that application, after having made a record of it, to the county clerk or board of election commissioners of the other election jurisdiction within 3 business days after accepting it. The county clerk or board of election commissioners receiving the transmitted application shall treat the application as if it had been originally filed with that county clerk or board of election commissioners. The date the transmitting board of election commissioners accepted the application from the applicant shall determine the voter's eligibility to vote in the next ensuing election. (10 ILCS 5/16-3) (from Ch. 46, par. 16-3) Sec. 16-3. The names of all candidates to be voted for in each election district or precinct shall be printed on one ballot, except as is provided in Sections 16-6.1 and 21-1.01 of this Act and except as otherwise provided in this Act with respect to the odd year regular elections and the emergency referenda; all nominations of any political party being placed under the party appellation or title of such party as designated in the certificates of nomination or petitions. The names of all independent candidates shall be printed upon the ballot in a column or columns under the heading "independent" arranged under the names or titles of the respective offices for which such independent candidates shall have been nominated and so far as practicable, the name or names of any independent candidate or candidates for any office shall be printed upon the ballot opposite the name or names of any candidate or candidates for the same office contained in any party column or columns upon said ballot. The ballot shall contain no other names, except that in cases of electors for President and Vice-President of the United States, the names of the candidates for President and Vice-President may be added to the party designation and words calculated to aid the voter in his choice of candidates may be added, such as "Vote for one," "Vote for three." When an electronic voting system is used which utilizes a ballot label booklet, the candidates and questions shall appear on the pages of such booklet in the order provided by this Code; and, in any case where candidates for an office appear on a page which does not contain the name of any candidate for another office, and where less than 50% of the page is utilized, the name of no candidate shall be printed on the lowest 25% of such page. On the back or outside of the ballot, so as to appear when folded, shall be printed the words "Official Ballot", followed by the designation of the polling place for which the ballot is prepared, the date of the election and a facsimile of the signature of the
127 [May 15, 2001] election authority who has caused the ballots to be printed. The ballots shall be of plain white paper, through which the printing or writing cannot be read. However, ballots for use at the nonpartisan and consolidated elections may be printed on different color paper, except blue paper, whenever necessary or desirable to facilitate distinguishing between ballots for different political subdivisions. In the case of nonpartisan elections for officers of a political subdivision, unless the statute or an ordinance adopted pursuant to Article VII of the Constitution providing the form of government therefor requires otherwise, the column listing such nonpartisan candidates shall be printed with no appellation or circle at its head. The party appellation or title, or the word "independent" at the head of any column provided for independent candidates, shall be printed in
[May 15, 2001] 128 identifying the ballot configuration such as a listing of the political subdivisions and districts for which votes may be cast on that ballot, or a number code identifying the ballot configuration or color coded ballots, except that where there is only one ballot configuration in a precinct, the precinct identification, and any applicable ward identification, shall be sufficient. Ballot card envelopes used in punch card systems shall be of paper through which no writing or punches may be discerned and shall be of sufficient length to enclose all voting positions. However, the election authority may provide ballot card envelopes on which no precinct number or township, ward or other election district designation, or election date are preprinted, if space and a preprinted form are provided below the space provided for the names of write-in candidates where such information may be entered by the judges of election. Whenever an election authority utilizes ballot card envelopes on which the election date and precinct is not preprinted, a judge of election shall mark such information for the particular precinct and election on the envelope in ink before tallying and counting any write-in vote written thereon. If some method of insuring ballot secrecy other than an envelope is used, such information must be provided on the ballot itself. In the designation of the name of a candidate on the ballot, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof, may be used in addition to the candidate's surname. No other designation such as a title or degree or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname, except that the title "Mrs." may be used in the case of a married woman. Where voting machines or electronic voting systems are used, the provisions of this Section may be modified as required or authorized by Article 24 or Article 24A, whichever is applicable. Nothing in this Section shall prohibit election authorities from using or reusing ballot card envelopes which were printed before the effective date of this amendatory Act of 1985. (Source: P.A. 84-1308.) (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1) Sec. 16-6.1. In elections held pursuant to the provisions of Section 12 of Article VI of the Constitution relating to retention of judges in office, the form of the proposition to be submitted for each candidate shall be as provided in paragraph (1) or (2), as the election authority may choose. (1) The names of all persons seeking retention in the same office shall be listed, in the order provided in this Section, with one proposition that reads substantially as follows: "Shall each of the persons listed be retained in office as (insert name of office and court)?". To the right of each candidate's name must be places for the voter to mark "Yes" or "No". If the list of candidates for retention in the same office exceeds one page of the ballot, the proposition must appear on each page upon which the list of candidates continues. (2) The form of the proposition for each candidate shall be substantially as follows: ___________________________________________________ Shall ....... (insert name YES of candidate) be retained in office as ..... (insert name of office and Court)? NO ___________________________________________________ The names of all candidates thus submitting their names for retention in office in any particular judicial district or circuit shall appear on the same ballot which shall be separate from all other ballots voted on at the general election. Propositions on Supreme Court judges, if any are seeking retention, shall appear on the ballot in the first group, for judges of the Appellate Court in the second group immediately under the first, and for circuit judges in the last group. The grouping of candidates for
129 [May 15, 2001] the same office shall be preceded by a heading describing the office and the court. If there are two or more candidates for each office, the names of such candidates in each group shall be listed in the order determined as follows: The name of the person with the greatest length of time served in the specified office of the specified court shall be listed first in each group. The rest of the names shall be listed in the appropriate order based on the same seniority standard. If two or more candidates for each office have served identical periods of time in the specified office, such candidates shall be listed alphabetically at the appropriate place in the order of names based on seniority in the office as described. Circuit judges shall be credited for the purposes of this section with service as associate judges prior to July 1, 1971 and with service on any court the judges of which were made associate judges on January 1, 1964 by virtue of Paragraph 4, subparagraphs (c) and (d) of the Schedule to Article VI of the former Illinois Constitution. At the top of the ballot on the same side as the propositions on the candidates are listed shall be printed an explanation to read substantially as follows: "Vote on the proposition with respect to all or any of the judges listed on this ballot. No judge listed is running against any other judge. The sole question is whether each judge shall be retained in his present office". Such separate ballot shall be printed on paper of sufficient size so that when folded once it shall be large enough to contain the following words, which shall be printed on the back, "Ballot for judicial candidates seeking retention in office". Such ballot shall be handed to the elector at the same time as the ballot containing the names of other candidates for the general election and shall be returned therewith by the elector to the proper officer in the manner designated by this Act. All provisions of this Act relating to ballots shall apply to such separate ballot, except as otherwise specifically provided in this section. Such separate ballot shall be printed upon paper of a green color. No other ballot at the same election shall be green in color. In precincts in which voting machines are used, the special ballot containing the propositions on the retention of judges may be placed on the voting machines if such voting machines permit the casting of votes on such propositions. An electronic voting system authorized by Article 24A may be used in voting and tabulating the judicial retention ballots. When an electronic voting system is used which utilizes a ballot label booklet and ballot card, there shall be used in the label booklet a separate ballot label page or pages as required for such proposition, which page or pages for such proposition shall be of a green color separate and distinct from the ballot label page or pages used for any other proposition or candidates. (Source: P.A. 79-201.) 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.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was held on the order of Second Reading. SENATE BILL 945. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Election & Campaign Reform, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 945
[May 15, 2001] 130 AMENDMENT NO. 1. Amend Senate Bill 945 by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 7-60.1 as follows: (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1) Sec. 7-60.1. Certification of Candidates - Consolidated Election. Each local election official of a political subdivision in this State in which candidates for the respective local offices are nominated at the consolidated primary shall, no later than 5 days following the canvass and proclamation of the results of the consolidated primary, certify to each election authority whose duty it is to prepare the official ballot for the consolidated election in that political subdivision the names of each of the candidates who have been nominated as shown by the proclamation of the appropriate canvassing board or who have been nominated to fill a vacancy in nomination and direct the election authority to place upon the official ballot for the consolidated election the names of such candidates in the same manner and in the same order as shown upon the certification, except as otherwise provided by this Section. Whenever there are two or more persons nominated by the same political party for multiple offices for any board, the name of the candidate of such party receiving the highest number of votes in the consolidated primary election as a candidate for such consolidated primary, shall be certified first under the name of such office, and the names of the remaining candidates of such party for such offices shall follow in the order of the number of votes received by them respectively at the consolidated primary election as shown by the official election results. No person who is shown by the canvassing board's proclamation to have been nominated at the consolidated primary as a write-in candidate shall have his or her name certified unless such person shall have filed with the certifying office or board within 5 days after the canvassing board's proclamation a statement of candidacy pursuant to Section 7-10 and a statement pursuant to Section 7-10.1. Each board of election commissioners of the cities in which established political party candidates for city offices are nominated at the consolidated primary shall determine by a fair and impartial method of random selection the order of placement of the established political party candidates for the consolidated ballot. Such determination shall be made within 5 days following the canvass and proclamation of the results of the consolidated primary and shall be open to the public. Three days written notice of the time and place of conducting such random selection shall be given, by each such election authority, to the County Chairman of each established political party, and to each organization of citizens within the election jurisdiction which was entitled, under this Article, at the next preceding election, to have pollwatchers present on the day of election. Each election authority shall post in a conspicuous, open and public place, at the entrance of the election authority office, notice of the time and place of such lottery. Each local election official of a political subdivision in which established political party candidates for the respective local offices are nominated by primary shall determine by a fair and impartial method of random selection the order of placement of the established political party candidates for the consolidated election ballot and, in the case of certain municipalities having annual elections, on the general primary ballot for election. Such determination shall be made prior to the canvass and proclamation of results of the consolidated primary or special municipal primary, as the case may be, in the office of the local election official and shall be open to the public. Three days written notice of the time and place of conducting such random selection shall be given, by each such local election official, to the County Chairman of each established political party, and to each organization of citizens within the election jurisdiction which was entitled, under this Article, at the next preceding election, to have pollwatchers present on the day of election. Each local election
131 [May 15, 2001] official shall post in a conspicuous, open and public place notice of such lottery. Immediately thereafter, the local election official shall certify the ballot placement order so determined to the proper election authorities charged with the preparation of the consolidated election, or general primary, ballot for that political subdivision. Not less than 61 days before the date of the consolidated election, each local election official of a political subdivision in which established political party candidates for the respective local offices have been nominated by caucus or have been nominated because no primary was required to be held shall certify to each election authority whose duty it is to prepare the official ballot for the consolidated election in that political subdivision the names of each of the candidates whose certificates of nomination or nomination papers have been filed in his or her office and direct the election authority to place upon the official ballot for the consolidated election the names of such candidates in the same manner and in the same order as shown upon the certification. Such local election official shall, prior to certification, determine by a fair and impartial method of random selection the order of placement of the established political party candidates for the consolidated election ballot. Such determination shall be made in the office of the local election official and shall be open to the public. Three days written notice of the time and place of conducting such random selection shall be given by each such local election official to the county chairman of each established political party, and to each organization of citizens within the election jurisdiction which was entitled, under this Article, at the next preceding election, to have pollwatchers present on the day of election. Each local election official shall post in a conspicuous, open and public place, at the entrance of the office, notice of the time and place of such lottery. The local election official shall certify the ballot placement order so determined as part of his official certification of candidates to the election authorities whose duty it is to prepare the official ballot for the consolidated election in that political subdivision. The certification shall indicate, where applicable, the following: (1) The political party affiliation of the candidates for the respective offices; (2) If there is to be more than one candidate elected or nominated to an office from the State, political subdivision or district; (3) If the voter has the right to vote for more than one candidate for an office; (4) The term of office, if a vacancy is to be filled for less than a full term or if the offices to be filled in a political subdivision or district are for different terms. The local election official shall issue an amended certification whenever it is discovered that the original certification is in error. (Source: P.A. 84-1308.)". Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was held on the order of Second Reading. SENATE BILL 42. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 42 AMENDMENT NO. 1. Amend Senate Bill 42 by replacing the title with the following: "AN ACT in relation to health."; and by replacing everything after the enacting clause with the following: "Section 5. The Genetic Information Privacy Act is amended by
[May 15, 2001] 132 changing Sections 20 and 25 as follows: (410 ILCS 513/20) Sec. 20. Use of genetic testing information for insurance purposes. (a) An insurer may not seek information derived from genetic testing for use in connection with a policy of accident and health insurance. Except as provided in subsection (b), an insurer that receives information derived from genetic testing may not use the information for a nontherapeutic purpose as it relates to a policy of accident and health insurance. (b) An insurer may consider the results of genetic testing in connection with a policy of accident and health insurance if the individual voluntarily submits the results and the results are favorable to the individual. (c) An insurer that possesses information derived from genetic testing may not release the information to a third party, except as specified in Section 30. (d) An insurer may not use information derived from genetic testing in a manner adverse to the individual tested, regardless of the source of that information. (Source: P.A. 90-25, eff. 1-1-98.) (410 ILCS 513/25) Sec. 25. Use of genetic testing information by employers. (a) An employer shall treat genetic testing information in such a manner that is consistent with the requirements of federal law, including but not limited to the Americans with Disabilities Act. (b) An employer may release genetic testing information only in accordance with Section 30. (c) An employer may not use information derived from genetic testing in a manner adverse to the individual tested, regardless of the source of that information. (Source: P.A. 90-25, eff. 1-1-98.) Section 99. Effective date. This Act takes effect upon becoming law.". Representative Moffitt offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 42 AMENDMENT NO. 2. Amend Senate Bill 42, AS AMENDED, by replacing the title with the following: "AN ACT in relation to health."; and by replacing everything after the enacting clause with the following: "Section 5. The Genetic Information Privacy Act is amended by changing Section 20 as follows: (410 ILCS 513/20) Sec. 20. Use of genetic testing information for insurance purposes. (a) An insurer may not seek information derived from genetic testing for use in connection with a policy of accident and health insurance. Except as provided in subsection (b), an insurer that receives information derived from genetic testing, regardless of the source of that information, may not use the information for a nontherapeutic purpose as it relates to a policy of accident and health insurance. (b) An insurer may consider the results of genetic testing in connection with a policy of accident and health insurance if the individual voluntarily submits the results and the results are favorable to the individual. (c) An insurer that possesses information derived from genetic testing may not release the information to a third party, except as specified in Section 30. (Source: P.A. 90-25, eff. 1-1-98.) Section 99. Effective date. This Act takes effect upon becoming
133 [May 15, 2001] law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 436. Having been read by title a second time on May 9, 2001, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. SENATE BILL 826. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 826 AMENDMENT NO. 1. Amend Senate Bill 826 on page 1, line 5 by changing "6-514," to "6-506, 6-514, 6-524, 11-1201,"; and on page 4, by replacing lines 21 through 31 with the following: "violation, while operating a commercial motor vehicle, of any of the following: (1) An offense listed in subsection (j) of Section 6-514 of this Code. (2) Section 11-1201 of this Code. (3) Section 11-1201.1 of this Code. (4) Section 11-1202 of this Code. (5) Section 11-1203 of this Code. (6) 92 Illinois Administrative Code 392.10. (7) 92 Illinois Administrative Code 392.11. (8) Any local ordinance that is similar to any of items (1) through (7). on page 5, by inserting after line 29 the following: "(625 ILCS 5/6-506) (from Ch. 95 1/2, par. 6-506) Sec. 6-506. Commercial motor vehicle driver - employer/owner responsibilities. (a) No employer or commercial motor vehicle owner shall knowingly allow, permit, or authorize an employee to drive a commercial motor vehicle on the highways during any period in which such employee: (1) has a driver's license suspended, revoked or cancelled by any state; or (2) has lost the privilege to drive a commercial motor vehicle in any state; or (3) has been disqualified from driving a commercial motor vehicle; or (4) has more than one driver's license, except as provided by this UCDLA; or
[May 15, 2001] 134 a railroad-highway grade crossing while operating a commercial motor vehicle: (i) For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of an approaching train. (ii) For drivers who are not always required to stop, failing to stop before reaching the crossing, if the tracks are not clear. (iii) For drivers who are always required to stop, failing to stop before driving onto the crossing. (iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping. (v) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing. (vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance. (2) The length of the disqualification shall be: (i) Not less than 60 days in the case of a conviction for any of the offenses described in paragraph (1) if the person had no convictions for any of the offenses described in paragraph (1) during the 3-year period immediately preceding the conviction. (ii) Not less than 120 days in the case of a conviction for any of the offenses described in paragraph (1) if the person had one conviction for any of the offenses described in paragraph (1) during the 3-year period immediately preceding the conviction. (iii) Not less than one year in the case of a conviction for any of the offenses described in paragraph (1) if the person had 2 or more convictions, based on separate incidents, for any of the offenses described in paragraph (1) during the 3-year period immediately preceding the conviction."; and on page 9, by inserting after line 6 the following: "(625 ILCS 5/6-524) (from Ch. 95 1/2, par. 6-524) Sec. 6-524. Penalties. (a) Every person convicted of violating any provision of this UCDLA for which another penalty is not provided shall for a first offense be guilty of a petty offense; and for a second conviction for any offense committed within 3 years of any previous offense, shall be guilty of a Class B misdemeanor. (b) Any person convicted of violating subsection (b) of Section 6-506 of this Code shall be subject to a civil penalty of not more than $10,000. (Source: P.A. 86-845.) (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201) Sec. 11-1201. Obedience to signal indicating approach of train. (a) Whenever any person driving a vehicle approaches a railroad grade crossing such person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2. A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train; 3. A railroad train approaching a highway crossing emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; 4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. 5. A railroad train is approaching so closely that an immediate hazard is created.
135 [May 15, 2001] (b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (c) The Department, and local authorities with the approval of the Department, are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care. (d) At any railroad grade crossing provided with railroad crossbuck signs, without automatic, electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the approach or passage of a train, the driver of a vehicle shall in obedience to the railroad crossbuck sign, yield the right-of-way and slow down to a speed reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked stopped line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train after driving past the railroad crossbuck sign, the collision or interference is prima facie evidence of the driver's failure to yield right-of-way. (d-5) No person may drive any vehicle through a railroad crossing if there is insufficient space to drive completely through the crossing without stopping. (e) A violation of any part of this Section shall result in a mandatory fine of $500 or 50 hours of community service. (f) Local authorities shall impose fines as established in subsection (e) for vehicles that fail to obey signals indicating the presence, approach, passage, or departure of a train. (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)". Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 827. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Transportation & Motor Vehicles, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 827 AMENDMENT NO. 1. Amend Senate Bill 827 as follows: on page 1, by replacing lines 7 through 13 with the following: "Sec. 3-704. Authority of Secretary of State to suspend or revoke a registration or certificate of title; authority to suspend or revoke the registration of a vehicle. (a) The Secretary of State may suspend or revoke the registration of a vehicle or a certificate of title, registration card, registration sticker, registration plate, person with disabilities parking decal or device, or any nonresident or other permit in any of the following events:"; and on page 2, by replacing lines 21 through 33 with the following: "or device. (b) The Secretary of State may suspend or revoke the registration of a vehicle as follows: 1. When the Secretary of State determines that the owner of a vehicle has not paid a civil penalty or a settlement agreement arising from the violation of rules adopted under the Illinois Motor Carrier Safety Law or the Illinois Hazardous Materials Transportation Act or that a vehicle, regardless of ownership, was the subject of violations of these rules that resulted in a civil penalty or settlement agreement which remains unpaid.
[May 15, 2001] 136 2. When the Secretary of State determines that a vehicle registered for a gross weight of more than 16,000 pounds within an affected area is not in compliance with the provisions of Section 13-109.1 of the Illinois Vehicle Code.". Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 930. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 930 AMENDMENT NO. 1. Amend Senate Bill 930 on page 1, by replacing lines 12 through 18 with the following: "owned, leased, or operated by the Authority.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 931. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 931 AMENDMENT NO. 1. Amend Senate Bill 931 as follows: on page 1, by inserting after line 16 the following: "Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 935. Having been recalled on May 9, 2001, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. SENATE BILL 994. Having been recalled on May 8, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was again held on the order of Second Reading. SENATE BILL 825. 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 SENATE BILL 825 AMENDMENT NO. 1. Amend Senate Bill 825 on page 9, line 23, by deleting "20,"; and on page 11, by deleting lines 16 through 25.
137 [May 15, 2001] The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1284. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. RECALLS By unanimous consent, on motion of Representative Jerry Mitchell, SENATE BILL 400 was recalled from the order of Third Reading to the order of Second Reading and held on that order. At the hour of 3:15 o'clock p.m., Representative Mendoza moved that the House do now adjourn until Wednesday, May 16, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[May 15, 2001] 138 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 15, 2001 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN P FORBY P LYONS,EILEEN P REITZ P BELLOCK P FOWLER P LYONS,JOSEPH P RIGHTER P BERNS P FRANKS P MATHIAS P RUTHERFORD P BIGGINS P FRITCHEY P MAUTINO P RYAN P BLACK P GARRETT P MAY P RYDER P BOLAND P GILES P McAULIFFE P SAVIANO P BOST P GRANBERG P McCARTHY P SCHMITZ P BRADLEY P HAMOS P McGUIRE P SCHOENBERG P BRADY P HANNIG P McKEON P SCULLY P BROSNAHAN P HARTKE P MENDOZA P SLONE P BRUNSVOLD P HASSERT P MEYER P SMITH P BUGIELSKI P HOEFT P MILLER E SOMMER P BURKE P HOFFMAN P MITCHELL,BILL P SOTO P CAPPARELLI P HOLBROOK P MITCHELL,JERRY E STEPHENS P COLLINS P HOWARD P MOFFITT P STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN P TURNER,JOHN P CROTTY P JONES,JOHN P MURPHY P WAIT P CURRIE P JONES,LOU P MYERS P WINKEL P CURRY E JONES,SHIRLEY P NOVAK P WINTERS P DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER P O'CONNOR P WOJCIK P DAVIS,MONIQUE P KOSEL P OSMOND P YARBROUGH P DAVIS,STEVE P KRAUSE P OSTERMAN P YOUNGE P DELGADO P KURTZ P PANKAU P ZICKUS P DURKIN P LANG P PARKE P MR. SPEAKER P ERWIN P LAWFER E - Denotes Excused Absence
139 [May 15, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 5 FIREARMS-PROJECT EXILE THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 140 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 21 CNTY JAIL-RELEASE PRISNRS-POLI THIRD READING PASSED MAY 15, 2001 112 YEAS 0 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD P HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE P KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
141 [May 15, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 115 VEH CD-DEALERS-NEW KEY ISSUED THIRD READING PASSED MAY 15, 2001 113 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 142 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 162 PUBLIC AID-TECH THIRD READING PASSED MAY 15, 2001 95 YEAS 17 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN Y BLACK N GARRETT N MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT P STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING N DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL N OSMOND P YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
143 [May 15, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 368 DEBIT CARD LIABILITY ACT THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 144 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 382 HEALTH FACILITY-NOTIFICATION THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
145 [May 15, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 574 MUNI CD-ELECTRICITY-SELF TAX THIRD READING PASSED MAY 15, 2001 80 YEAS 32 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY N LYONS,EILEEN Y REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS N FRITCHEY Y MAUTINO N RYAN Y BLACK N GARRETT N MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE N SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING N DART Y KLINGLER Y O'CONNOR N WOJCIK Y DAVIS,MONIQUE N KOSEL Y OSMOND N YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU N ZICKUS N DURKIN P LANG N PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 15, 2001] 146 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 713 PROP TAX-HOMESTEAD EXEMPT-TECH THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
147 [May 15, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 761 ELECTRICTY EXCISE TAX-SUPPLIER THIRD READING PASSED MAY 15, 2001 113 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS P DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 148 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 869 INS UNFAIR PRACTICE CLASS 1 THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
149 [May 15, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 940 CRIM CD-ELDERLY ABUSE THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 150 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1097 JUV CT & CD CORR-MINORS EDUCAT THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
151 [May 15, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1521 VEH CD-TECH THIRD READING PASSED MAY 15, 2001 110 YEAS 3 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI N HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU A ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 152 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 298 PROP TAX-WATER TREATMNT FACLTY THIRD READING PASSED MAY 15, 2001 109 YEAS 5 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE N TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
153 [May 15, 2001] NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 526 PRIVATE DETECTIVE-TECH THIRD READING PASSED MAY 15, 2001 80 YEAS 32 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI N FLOWERS Y LINDNER N POE Y BEAUBIEN N FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK N GARRETT N MAY N RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE N SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON N HULTGREN Y MOORE N TENHOUSE Y COWLISHAW Y JEFFERSON P MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU Y MYERS N WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING N DART N KLINGLER N O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND N YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ Y PANKAU Y ZICKUS Y DURKIN N LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 15, 2001] 154 NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 527 OCCUPATIONAL THERPY-OPTOMETRIS THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
155 [May 15, 2001] NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 528 NURSING PRACTICE ACT-OPTOMETRY THIRD READING PASSED MAY 15, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER E BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 15, 2001] 156 NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 3 ALCOHOL IMP MIN RESPONSIBILITY THIRD READING PASSED MAY 15, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
157 [May 15, 2001] NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3363 TWP CD-HORSE DRAWN VEHICLES THIRD READING PASSED MAY 15, 2001 94 YEAS 21 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN Y BLACK N GARRETT N MAY Y RYDER N BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW N JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN Y TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY E JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER N O'CONNOR N WOJCIK Y DAVIS,MONIQUE N KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU N ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence