STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
147TH LEGISLATIVE DAY
TUESDAY, DECEMBER 3, 2002
1:00 O'CLOCK P.M.
NO. 147TH
[December 3, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 147th Legislative Day Action Page(s) Adjournment........................................ 51 Change of Sponsorship.............................. 7 Committee on Rules Referrals....................... 5 Home Rule Note Supplied............................ 6 Housing Affordability Impact Note Supplied......... 6 Judicial Note Supplied............................. 6 Letter of Transmittal.............................. 4 Pension Impact Note Supplied....................... 6 Quorum Roll Call................................... 4 State Debt Note Supplied........................... 6 State Mandates Note Supplied....................... 6 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 1215 Motion Submitted................................... 6 HB 1268 Motion Submitted................................... 6 HB 2098 Motion Submitted................................... 6 HB 2277 Committee Report................................... 5 HB 2277 Motion Submitted................................... 6 HB 3797 Motion Submitted................................... 6 HB 5222 Motion Submitted................................... 6 HR 1078 Adoption........................................... 49 HR 1102 Resolution......................................... 26 HR 1103 Adoption........................................... 50 HR 1103 Agreed Resolution.................................. 8 HR 1104 Adoption........................................... 50 HR 1104 Agreed Resolution.................................. 8 HR 1105 Adoption........................................... 50 HR 1105 Agreed Resolution.................................. 9 HR 1106 Adoption........................................... 50 HR 1106 Agreed Resolution.................................. 9 HR 1107 Adoption........................................... 50 HR 1107 Agreed Resolution.................................. 10 HR 1108 Resolution......................................... 26 HR 1109 Adoption........................................... 50 HR 1109 Agreed Resolution.................................. 10 HR 1110 Resolution......................................... 27 HR 1111 Agreed Resolution.................................. 11 HR 1112 Agreed Resolution.................................. 12 HR 1113 Agreed Resolution.................................. 12 HR 1114 Agreed Resolution.................................. 13 HR 1115 Agreed Resolution.................................. 13 HR 1116 Agreed Resolution.................................. 14 HR 1117 Agreed Resolution.................................. 14 HR 1118 Resolution......................................... 28 HR 1119 Resolution......................................... 28 HR 1120 Agreed Resolution.................................. 15 HR 1121 Agreed Resolution.................................. 16 HR 1122 Agreed Resolution.................................. 16 HR 1123 Agreed Resolution.................................. 17 HR 1124 Agreed Resolution.................................. 18 HR 1125 Agreed Resolution.................................. 18 HR 1126 Agreed Resolution.................................. 19 HR 1127 Agreed Resolution.................................. 21 HR 1128 Agreed Resolution.................................. 21 HR 1129 Agreed Resolution.................................. 22
3 [December 3, 2002] Bill Number Legislative Action Page(s) HR 1130 Agreed Resolution.................................. 22 HR 1131 Agreed Resolution.................................. 23 HR 1132 Agreed Resolution.................................. 24 HR 1133 Agreed Resolution.................................. 25 HR 1134 Agreed Resolution.................................. 25 SB 0616 Committee Report................................... 5 SB 0729 Second Reading - Amendment/s....................... 30 SB 0729 Third Reading...................................... 49 SB 0912 Committee Report................................... 7 SB 0912 Second Reading - Amendment/s....................... 50 SB 1128 Committee Report................................... 4 SB 1258 Committee Report................................... 4 SB 1583 Committee Report-Floor Amendment/s................. 5 SB 1650 Committee Report................................... 4 SB 1657 Amendatory Veto.................................... 49 SB 1657 Committee Report-Floor Amendment/s................. 5 SB 1809 Committee Report................................... 4 SB 1976 Committee Report................................... 4 SB 2155 Amendatory Veto.................................... 49 SB 2160 Total Veto......................................... 50 SB 2390 Committee Report................................... 7 SB 2390 Second Reading - Amendment/s....................... 30 SB 2424 First Reading...................................... 50 SB 2424 Motion............................................. 50
[December 3, 2002] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hartke 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: 112 present. (ROLL CALL 1) By unanimous consent, Representatives Bradley, Colvin, Hoeft, Kenner, McCarthy and Stephens were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Mendoza replaced Representative Hannig in the Committee on Rules on Novemer 20, 2002. LETTER OF TRANSMITTAL STATE OF ILLINOIS GENERAL ASSEMBLY SHIRLEY M. JONES STATE REPRESENTATIVE - 6TH DISTRICT November 21, 2002 Mr. Anthony Rossi Chief Clerk-House of Representatives Room 402-Capitol Bldg. Springfield, IL 62706 Dear Mr. Rossi: Please be advised that I will be retiring from the General Assembly effective November 30, 2002. It has been a pleasure to serve the State of Illinois and the people of District #6 since 1988. Please accept my gratitude for your many kindnesses over the years and be assured that I will miss the many friends I have made over the years. If I can be of service to you at any time, please do not hesitate to contact me. Sincerely, s/Shirley M. Jones REPRESENTATIVE 6th District 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 bill be reported "approved for consideration" and be placed on the order of Second Reading -- Standard Debate: SENATE BILLS 1128 and 1258. That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 1650, 1809 and 1976. That the bill be reported "approved for consideration" and be
5 [December 3, 2002] placed on the order of Concurrence: HOUSE BILL 2277. That the Motion be reported "recommends be adopted": SENATE BILLS 1583 and 1657. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig (Mendoza) A Cross A Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 616. The committee roll call vote on SENATE BILL 616 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross A Tenhouse, Spkpn Y 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 Computer Technology: Senate Amendment 1 to HOUSE BILL 2277. Committee on Elementary & Secondary Education: Motion to Concur in Senate Amendment 1 to HOUSE BILL 1445. Committee on Revenue: Motion to Concur in Senate Amendment 1 to HOUSE BILL 1264 and Motion to Concur in Senate Amendment 1 to HOUSE BILL 1268. Committee on Transportation & Motor Vehicles: Motion to Concur in Senate Amendment 1 to HOUSE BILL 5222. Committee on Conservation: House Amendment 2 to SENATE BILL 1809. Committee on Human Services: Motion to Concur in Senate Amendment 1 to HOUSE BILL 800. Committee on Insurance: House Amendment 1 to SENATE BILL 1976. Committee on Judiciary I-Civil Law: House Amendment 2 to SENATE BILL 1258. Committee on Revenue: House Amendments 2 and 3 to SENATE BILL 1650. Committee on State Government Administration: House Amendment 1 to SENATE BILL 1128. Committee on Constitutional Officers: SENATE BILL 2424. Committee on Elementary & Secondary Education: House Amendment 2 to SENATE BILL 616. Committee on Computer Technology: House Amendments 1 and 3 to HOUSE BILL 1215. JOINT ACTION MOTIONS SUBMITTED Representative Wright submitted the following written motion, which was referred to the Committee on Rules: MOTION #2
[December 3, 2002] 6 I move to concur with Senate Amendments numbered 1 and 3 to HOUSE BILL 1215. Representative Daniels 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 1268. Representative Osmond submitted the following written motion, which was referred to the Committee on Rules: MOTION #2 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2277. Representative Poe 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 3797. Representative Wait 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 5222. Representative Myers submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 2098. STATE MANDATES NOTE SUPPLIED A State Mandates Note has been supplied for SENATE BILL 729, as amended. STATE DEBT NOTE SUPPLIED A State Debt Note has been supplied for SENATE BILL 729, as amended. HOUSING AFFORDABILITY IMPACT NOTE SUPPLIED A Housing Affordability Impact Note has been supplied for SENATE BILL 729, as amended. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for SENATE BILL 729, as amended. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 729, as amended. HOME RULE NOTE SUPPLIED A Home Rule Note has been supplied for SENATE BILL 729, as amended. REPORTS FROM STANDING COMMITTEES
7 [December 3, 2002] Representative Curry, Chairperson, from the Committee on Appropriations - Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 2390. The committee roll call vote on SENATE BILL 2390 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Curry, Julie, Chair A Mendoza Y Acevedo Y Meyer Y Bellock Y Mitchell, Bill Y Coulson A Mitchell, Jerry, Spkpn Y Delgado Y Murphy A Giles, V-Chair Y Slone A Johnson A Smith, Michael Y Lawfer A Sommer A Younge Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 912. The committee roll call vote on SENATE BILL 912 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. A Giles, Chair A Johnson Y Bassi Y Kosel A Collins A Krause Y Cowlishaw, Spkpn Y Miller A Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado A Mulligan Y Fowler A Murphy Y Garrett (Mautino) Y Osterman (Lang) Y Hoeft (Osmond) Y Smith, Michael Y Winkel CHANGE OF SPONSORSHIP Representative Leitch asked and obtained unanimous consent to be removed as chief sponsor and Representative Brunsvold asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1650. Representative Leitch asked and obtained unanimous consent to be removed as chief sponsor and Representative Hamos asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1809. Representative Moore asked and obtained unanimous consent to be removed as chief sponsor and Representative Osmond asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2277. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Wait asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 5222. Representative Novak asked and obtained unanimous consent to be removed as chief sponsor and Representative Acevedo asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1128. Representative Schmitz asked and obtained unanimous consent to be removed as chief sponsor and Representative Wright asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1215. Representative Lindner asked and obtained unanimous consent to be removed as chief sponsor and Representative Mautino asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 2424.
[December 3, 2002] 8 Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Novak asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 364. AGREED RESOLUTIONS The following resolutions were offered and placed in the Committee on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 1103 Offered by Representatives Meyer-Cowlishaw: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize Phil Lawler, who has been chosen by USA Today as a member of this year's national All-USA Teacher Team; and WHEREAS, The 18 individuals selected for this year's team were chosen from hundreds of nominees nationwide; and WHEREAS, One teacher was selected from Illinois, Mr. Phil Lawler, a teacher of Physical Education, at Madison Junior High School in Naperville; and WHEREAS, Phil Lawler is an active member of the Illinois Association for Health, Physical Education, Recreation and Dance; he has promoted the "New PE," a national model emphasizing learning life-long fitness habits, instead of sports skills; and WHEREAS, Madison Junior High is used as a demonstration site for the "New PE"; and WHEREAS, The key feature of the program is tracking the record of each student annually to indicate muscle strength, cardiovascular condition, and cholesterol levels; heart rate monitors are used so every student is challenged at his or her own level; and WHEREAS, Phil Lawler has traveled the country to encourage schools, hospitals, and corporations to adopt the "New PE"; in addition, he is the Director of the PE 4 Life Institute, located at Madison Junior High School; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Phil Lawler on being chosen as a member of USA Today's, All-USA Teacher Team and for his leadership to help raise the level of Physical Education, both in Illinois and throughout the nation; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mr. Phil Lawler with our respect. HOUSE RESOLUTION 1104 Offered by Representative Bill Mitchell: WHEREAS, The members of the Illinois House of Representatives are proud to honor significant events in the lives of the citizens of this State; and WHEREAS, It has come to our attention that Dennis L. Bluhm of Delavan was honored by the Delavan Ambulance Board with a "Lifetime Achiever" plaque for his 24 years of service as a volunteer EMT for the town; and WHEREAS, The Delavan Ambulance Service began in 1976, and Mr. Bluhm volunteered in 1978, serving at least nine years as chief; the Ambulance Service has received approximately 3,552 calls in the past 24 years, and Mr. Bluhm has responded to about 75 percent of those calls, or 2,664, to receive his "Lifetime Achiever" award; he has spent about 5,328 hours, or the equivalent of 222 days, providing volunteer service to Delavan; and WHEREAS, Mr. Bluhm also received a special tribute from the citizens of Delavan, a book of cards of appreciation for his spirit of volunteerism; the cards expressed thanks for his 32-year career with Prudential Insurance Company of America, 20 years with the Illinois National Guard, service with the U.S. Army, including a one year tour in Vietnam, coaching of Little League teams in Delavan, and volunteer
9 [December 3, 2002] services with the Boy Scouts since 1977; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dennis L. Bluhm for his outstanding volunteer service to the Delavan community and the Delavan Ambulance Service, and wish him many years of happiness in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dennis L. Bluhm as an expression of our esteem. HOUSE RESOLUTION 1105 Offered by Representative Bill Mitchell: WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Neil Oliver Crow of Mt. Zion, Illinois is celebrating the 85th anniversary of his birth; and WHEREAS, Neil Oliver Crow was born on September 22, 1917, in Blue Mound, Illinois to Ezra Wellington Crow and Maude Ida Gabriel; and WHEREAS, Neil Oliver Crow was a grain and livestock farmer for 45 years, retiring in 1982; he was also a breeder of Registered Angus Cattle; and WHEREAS, Neil Oliver Crow is a charter member of the Macon Dewitt County Angus Association, which was organized in the mid-1940s, and has been an active member of First Christian Church in Blue Mound for the past 61 years; he is also a member of Blue Mound Men's Club, a lifelong member of the Macon County Farm Bureau, a volunteer with St. Mary's Hospital Auxiliary, and a member of the Senior Citizen's Bowling League; and WHEREAS, Neil Oliver Crow married Lois May Hamilton on February 8, 1941; they are the parents of Rex Neil (wife, Lynn) Crow and Rhonda Adele (husband, Don) Davis and the grandparents of Kathryn Marie and Kelly Jean Crow and Kyle Zane and Seth Noel Davis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Neil Oliver Crow on the occasion of his 85th birthday and extend to him our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Neil Oliver Crow as an expression of our respect and esteem. HOUSE RESOLUTION 1106 Offered by Representative Novak: WHEREAS, The members of the Illinois House of Representatives are proud to recognize significant events in the lives of the citizens of this State; and WHEREAS, It has come to our attention that Grant Park Police Chief Scott Fitts graduated June 14, 2002, from the F.B.I. National Academy Program in Quantico, Virginia, as part of the 209th National Academy class; and WHEREAS, Scott Fitts graduated with honors, earning a 3.8 grade point average on a 4 point scale and received the Yellow Brick Fitness award; the Yellow Brick Award required participation in nearly three months worth of challenge runs in addition to other physical training regimens; the final challenge was a 9.4 mile run, which included an additional 3 miles through a Marine obstacle course, in 101 degree heat; and WHEREAS, Scott Fitts returns to Grant Park to continue his position as Police Chief and looks forward to a long career in law enforcement, whether it be in Grant Park or elsewhere; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Grant Park Police Chief Scott Fitts on his graduation from the F.B.I. National Academy Program and wish him all the best in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Scott Fitts as an expression of our esteem.
[December 3, 2002] 10 HOUSE RESOLUTION 1107 Offered by Representative Delgado: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate Frank Anselmo of Lombard, on his retirement from the Cook County Juvenile Probation Department on November 30, 2002; and WHEREAS, Mr. Anselmo has spent his lifetime helping children of all walks of life, fortunate and unfortunate, starting his career teaching at Blessed Agnes Grammar School in Chicago, moving on to the Cook County Juvenile Detention Center as a caseworker, and since November, 1976, as a Juvenile Probation Officer in Cook County; and WHEREAS, Mr. Anselmo received his Bachelor of Arts degree in Sociology in 1969 from Quincy College, after starting at DePaul University and distinguishing himself at Fenwick High School in Oak Park; and WHEREAS, The professional career of Mr. Anselmo has been distinguished by his exceptional efforts on behalf of his beloved juveniles, some of whom experienced only the love and care of Frank Anselmo, working as a delinquent field officer in both the City of Chicago and Suburban Cook County, a compliance screening officer and as an advocate for minors referred to residential placements; and WHEREAS, Mr. Anselmo has received numerous letters of commendation, awards, and recognitions for his tireless efforts, including the Recognition Award from the Illinois Probation and Court Services Association for his contributions to the probation profession throughout his career; and WHEREAS, Mr. Anselmo was equally devoted to his co-workers as he was to his juvenile clients, mentoring young probation officers and teaching them from the heart, not from the rule book, becoming a modern day version of John Augustus, the father of probation, and receiving the greatest recognition of all, being universally acclaimed as a "Probation Officer's Probation Officer"; and WHEREAS, Like John Augustus, Frank Anselmo is truly a pioneer in human service, placing the needs of "his" juveniles and "his" co-workers above his own, epitomizing Mr. Augustus' self description, "My mission has been to raise the fallen, reform the criminal and so far as my humble abilities would allow, to transform the abode of suffering and misery to the home of happiness"; and WHEREAS, Mr. Anselmo, continued the great example of public service and personal service provided by his parents, the late Henry, a battalion chief with the Chicago Fire Department, and Mary (Vicari) Anselmo, and his four siblings, Monica Vance, Henry, Mary Ellen and Theodora Kolb, and is the loving father to Matthew (Heather), Frank and Kathryn; and WHEREAS, In addition to his reputation as the family prankster, he is also recognized as the "Best Brother in the World" by at least three out of four of his siblings; and WHEREAS, Mr. Anselmo has courageously, and in constant good humor, fought a highly personal battle against kidney cancer, taking solace in that battle's continued success and the army of friends and family, whose prayers have made that battle a victory; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Frank Anselmo on his retirement from the Cook County Juvenile Probation Department and wish him all the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Frank Anselmo as an expression of our esteem and additional copies be presented to the Circuit Court of Cook County, Juvenile Justice and Child Protection Department in recognition of Mr. Anselmo's distinguished career there. HOUSE RESOLUTION 1109 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish
11 [December 3, 2002] to express their sincerest condolences to the family and friends of the Reverend Donald H. Lee, who passed away on June 21, 2002; and WHEREAS, An ordained Lutheran minister who was known to everyone simply as "Don", Rev. Lee was a fixture at Oakton Community College where his wife, Margaret B. Lee, served as president and professor of English; and WHEREAS, Born in Detroit, Michigan on September 19, 1928, Rev. Lee held degrees in English and history from St. Olaf's College, a Master of Divinity from Luther Seminary, and graduate degrees in City Planning from the Massachusetts Institute of Technology and Asian Studies and Chinese from Yale University; and WHEREAS, Rev. Lee's academic appointments included a six-year professorship at the University of Taiwan while simultaneously running a Lutheran publishing house in Hong Kong, as well as stints in campus ministry at the University of Idaho at Moscow and the Harvard/MIT campus, the latter while also holding an appointment at the Harvard Divinity School; in addition, he served as the director of Yale's "Planning an Economic Opportunity" office and ran a pig farm in Spruce, Michigan; and WHEREAS, Rev. Lee met his wife, Peg, during his tenure at Harvard/MIT and they married on June 30, 1973; they moved to Wilmette in 1985 after Peg was appointed vice president of Oakton Community College; and WHEREAS, The passing of the Reverend Donald H. Lee will be deeply felt by all who knew and loved him, especially his beloved wife of 29 years, Margaret Lee; his children, Maia (husband, Steve) Wright, Kari, Tora, Marcus (wife, Lisa), Anton (wife, Rosemary), Gustav, Ivan (wife, Chris), Katherine, and Kristopher; and his 11 grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of the Reverend Donald H. Lee of Wilmette; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of the Reverend Donald H. Lee with our sincere condolences. HOUSE RESOLUTION 1111 Offered by Representative Dart: WHEREAS, The members of the Illinois House of Representatives wish to express our sincere condolences to the family and friends of John Ziemkowski, who passed away on July 19, 2002; and WHEREAS, John "Jack" Ziemkowski was a retired Cook County Sheriff's police officer with thirty years of service; and WHEREAS, Mr. Ziemkowski was born on October 20, 1940 in Chicago to John H. and Helene Ziemkowski; he married JoAnn Piwkiewicz on September 14, 1963 in Chicago; and WHEREAS, Mr. Ziemkowski graduated from Gordon Tech High School in 1958; following graduation, he attended Chicago Barber School; and WHEREAS, Mr. Ziemkowski joined the Cook County Sheriff's Police Department under Sheriff Richard Ogilvie on June 6, 1966; and WHEREAS, Mr. Ziemkowski served with great distinction for thirty years under five sheriffs of Cook County, the Honorable Richard Ogilvie, the Honorable Joseph Woods, the Honorable Richard Elrod, the Honorable James O'Grady, and the Honorable Michael Sheahan; and WHEREAS, In 2001, Jack and JoAnn Ziemkowski were honored for 38 years of marriage; and WHEREAS, Mr. Ziemkowski was an avid outdoorsman and his hobbies included power walking, fishing, and golf; he was a Eucharistic minister and member of St. Jude the Apostle Catholic Church in Dolton; and WHEREAS, The passing of John "Jack" Ziemkowski will be deeply felt by all who know and loved him, especially his wife JoAnn; his sons Mark (wife, Valerie) and Kevin (wife, Colleen); his daughter, Paula (husband, Zeek) Dominguez; his mother, Helene; his mother-in-law, Adeline; his aunt, Martha Penn; his uncles, the Most Reverend Thad
[December 3, 2002] 12 Jakubowski and Edward Jakubowski; and his grandchildren John, Ann, Lisa, Gisele, Nicholas, and Zoe; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of John "Jack" Ziemkowski of South Holland; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of John "Jack" Ziemkowski with our sincere condolences. HOUSE RESOLUTION 1112 Offered by Representatives Schoenberg-McCarthy-Hartke-Burke, McGuire, Crotty and Monique Davis: WHEREAS, The members of the Illinois House of Representatives learned with great sadness of the death of Virginia E. "Ginger" Lomelino of Springfield on Thursday, October 10, 2002; and WHEREAS, Ginger was born on October 6, 1953 in Springfield, the daughter of Gerald and Wanda Scroggins Hubbard; she married Robert Lomelino in 1982 in Riverton; and WHEREAS, Ginger had worked a total of 26 years with the State of Illinois; for the past 19 years she has served as a legislative secretary to various members of the Illinois House of Representatives; she was a dedicated colleague and friend to Representative Jeff Schoenberg and Representative Kevin McCarthy; and WHEREAS, Ginger and her husband were both active for many years with the East County Democrat Club; she also served as club treasurer; she was affiliated with First United Methodist Church; and WHEREAS, Ginger was loved and admired by her family, friends and co-workers; her personality has left an indelible impression on all who knew her; and WHEREAS, Ginger was a compassionate and selfless individual who touched many lives with her innumerable acts of kindness; and WHEREAS, Her passing will be deeply felt by all who knew and loved her especially her husband, Robert; her stepdaughter Marla; her two grandchildren; her sister, Deborah (husband, Ken) Burrows; her two aunts; and several nieces, nephews, and cousins; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with her family and countless friends, the death of Virginia E. "Ginger" Lomelino; she was well respected and loved by all; and be it further RESOLVED, That a suitable copy of this resolution be presented to her husband Robert Lomelino. HOUSE RESOLUTION 1113 Offered by Representative Mulligan: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Gladys Sabin celebrated the 100th anniversary of her birth on June 3, 2002; and WHEREAS, The youngest of six children, Gladys Sabin was born on June 3, 2002 on a farm in Allison Park, Pennsylvania; it was the same farm where her five older brothers were born; and WHEREAS, Mrs. Sabin's father passed away when she was only 7 years old, and the boys all helped work on the farm; a few years after her father's death, the family moved, and some of her brothers took jobs in a nearby steel company, however, Mrs. Sabin's mother wanted to move back to a farm, and she found one in Oswego in a farm catalog; and WHEREAS, Mrs. Sabin moved to the Oswego farm with her mother in 1918; she joined the Methodist church there as organist at age 18, and remained there for 50 years; and WHEREAS, While in Oswego, Mrs. Sabin met her future husband, William Sabin, while he was on furlough from World War I; William and Gladys Sabin were married on February 22, 1922, shortly after he returned home from his service in the war; and
13 [December 3, 2002] WHEREAS, The Sabins had a muck farm, where they raised beautiful heads of lettuce and winter onions; in addition they had their own cows, chickens, and horses and Mrs. Sabin churned her own butter for 40 years; and WHEREAS, The Sabins had three children, Norman, the late William, and Ursula; Mrs. Sabin has 11 grandchildren and 17 great-grandchildren; and WHEREAS, Mrs. Sabin moved to Park Ridge in 1973; she joined the Des Plaines United Methodist Church and played its organ chimes for about eight years; she also travelled, visiting a set of cousins in California every winter for about eight years and once took a cruise to Hawaii to visit family; and WHEREAS, Gladys Sabin attributes her long life to hard work and faith in God; and WHEREAS, Mrs. Sabin celebrated her 100th birthday with family and friends at a small party at the Des Plaines United Methodist Church; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Gladys Sabin on the celebration of her 100th birthday; and be it further RESOLVED, That a suitable copy of this resolution be presented to Gladys Sabin as an expression of our esteem. HOUSE RESOLUTION 1114 Offered by Representative Mulligan: WHEREAS, Members of the House of Representatives of the State of Illinois are pleased to recognize milestones in the lives of citizens of Illinois; and WHEREAS, Harold and Emilie Schmeisser were married June 6, 1953 in Koblenz, Germany and will celebrate their fiftieth anniversary June 6, 2003; and WHEREAS, Mr. Schmeisser was born in Chicago and served with the U.S. Navy in the Pacific during World War II; following World War II, he enlisted in the Army and was stationed in Germany; while he was stationed in Germany, he met his wife at a church in Koblenz; and WHEREAS, Mr. and Mrs. Schmeisser bought a house in Des Plaines in 1967 and have made Des Plaines their home since; Mr. Schmeisser retired from the U.S. Post Office after 20 years of service; and WHEREAS, The Schmeissers have one daughter, a grandson, a granddaughter, and one great-grandson; in addition to keeping house and raising their daughter, Mrs. Schmeisser was employed in a bindery that produced schoolbooks; and WHEREAS, Mr. Schmeisser said that the couple has known good times and bad times in their marriage, but they have successfully weathered them all; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Harold and Emilie Schmeisser on the occasion of their fiftieth wedding anniversary; and be it further RESOLVED, That a suitable copy of this resolution be presented to Harold and Emilie Schmeisser with our best wishes. HOUSE RESOLUTION 1115 Offered by Representative Mulligan: WHEREAS, The members of the Illinois House of Representatives are proud to recognize the citizens who have answered our nation's call to defend our freedoms against all enemies; and WHEREAS, Five Schmeisser brothers served in World War II variously from 1939 to 1946, all earning honorable discharges and returning to Chicago, their hometown; three of the brothers were in the Civilian Conservation Corps prior to joining the armed services; and WHEREAS, John, the oldest brother, was drafted into the Army when he was over 40 years old; he served at a prisoner of war camp in California; and
[December 3, 2002] 14 WHEREAS, Elmer served in the Aleutian Islands with the U.S. Army; and WHEREAS, Melvin joined the Air Force and was stationed in England from 1942 on; and WHEREAS, Irving was a soldier with the Army in the Battle of the Bulge; and WHEREAS, Harold served with the U.S. Navy in the Pacific and was the last brother to be discharged; he later enlisted in the U.S. Army and was stationed in Germany; and WHEREAS, A younger brother was not in the armed services because his older brothers were in the armed services; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our heartfelt gratitude to John, Elmer, Melvin, Irving, and Harold Schmeisser for their service during World War II to protect and preserve the freedoms all of us enjoy today; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Schmeisser family as an expression of our respect and esteem. HOUSE RESOLUTION 1116 Offered by Representative Lou Jones: WHEREAS, The members of the Illinois House of Representatives were saddened to learn of the death of Frank Juzang, Jr. of Chicago on October 19, 2002; and WHEREAS, Frank Juzang, Jr. was born in Chicago on January 21, 1926 to Frank and Camille (Tessie) Juzang; and WHEREAS, Mr. Juzang graduated from Drake Elementary School and Wendell Phillips High School in Chicago; he served in the United States Army during World War II an was honorably discharged as a Private First Class in 1946; and WHEREAS, Mr. Juzang was a born businessman who had successful careers in both insurance and exporting; from 1964-1979, he was an insurance agent for MetLife and one of the first African American sales managers of a major insurance company in the United States; he retired in 1979 from MetLife to pursue his interest in exporting; and WHEREAS, In 1978, he and his friend, Olufequri Durojaiye, founded an export supply business; the two partners ran it successfully until 1989; during the operation of his exporting business Frank traveled extensively in Africa and visited over ten African countries; and WHEREAS, Mr. Juzang's engagement in civic activities included being a founding member of the board of the Human Resource Development Institute, and a member of the board of South Central Community Services; in addition, he loved to join his friends at the Friday Breakfast Group, and he enjoyed playing golf for over 50 years; and WHEREAS, Mr. Juzang had a wonderful spirit about life and lived it to the fullest; he loved his life, friends, and family; he had grace, warmth, and deep convictions; he had a wonderful sense of humor and an appreciation for building and sustaining relationships with others; and WHEREAS, His passing will be deeply felt by all who knew and loved him, especially his wife of twenty-seven years, Doris L. Juzang; his two daughters, Deidre Robinson and Pamela Carthan; his two sons-in-law, Clifford Carthan and Rodney Robinson; his four grandchildren, Blake Carthan, Kelly Carthan, Brennan Robinson, and Maia Robinson; and many family and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of Frank Juzang, Jr., along with all who knew and loved him, and extend our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Frank Juzang, Jr. HOUSE RESOLUTION 1117 Offered by Representative Granberg: WHEREAS, It has come to our attention that Sheriff Roy Dean
15 [December 3, 2002] Bradford is retiring on November 30, 2002 as Sheriff of Jefferson County; and WHEREAS, Sheriff Bradford began his law enforcement career in 1974 at the Jefferson County Sheriff's Office; in 1976 he was promoted to Captain and in 1977 he was promoted to Chief Deputy; in 1993 he was appointed Jefferson County Sheriff; in 1994 he was elected Jefferson County Sheriff with 74% of the vote; in 1998 he was re-elected with 84% of the vote; and WHEREAS, In 1997 Sheriff Bradford received the Governor's Award of Excellence in Law Enforcement Training; in 1998 he was elected to the Illinois Sheriffs' Association Executive Board, he then became Second Vice-President and First Vice-President and in 2002 was elected President of the Illinois Sheriffs' Association; in 1984 he became a Certified Arson Investigator; he has received numerous other awards and attended other advanced training courses; and WHEREAS, As Chief Deputy in the early 1980s, he was investigating an escape from the Jefferson County Jail; having a photographic memory, he recalled an earlier conversation with the escapee in which the escapee had said he had a good heart and would always stop to help a disabled motorist; Roy Dean then sat out on the Interstate in his personal car with his hood up, posing as a stranded motorist; in less than an hour, the escapee pulled up behind Roy Dean in a stolen car and offered assistance; Roy Dean politely placed the escapee under arrest and transported him back to jail; and WHEREAS, As Chief Deputy in the mid 1980s, he was traveling in his personal car with his wife Glenda on Route 148 south of Mt. Vernon in the evening hours; when they arrived in the area of McClellan School, Chief Deputy Bradford, scanning the area with his eagle-like vision, spotted a notorious thief in the night; realizing that he was not armed, he asked his wife Glenda to provide him with a weapon; he grabbed the item supplied to him, exited his car and gave chase to what appeared to be two desperados; after cornering the bandits and announcing who he was, he initiated his cat-like reflexes and held the dangerous duo at bay; he secured the would-be thieves until Deputies could arrive to take them into custody; it was later discovered that the two individuals had indeed attempted a break-in at McClellan School and Chief Deputy Bradford had successfully thwarted their attempt; Roy Dean also discovered that he had held the two at bay with an umbrella; and WHEREAS, Sheriff Bradford has a wide grin and is a very personable man who doesn't know a stranger; his retirement will enable him to spend more time with his family, including his wife of 38 years, Glenda; his three daughters, Marcia, Carol, and Julie; and his five granddaughters, Alyssa, Rachel, Emily, Hannah, and Ava; he will also have more time to devote to his hobby of woodworking; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that, along with all those who know him, we honor Sheriff Roy Dean Bradford on his retirement as Sheriff of Jefferson County; we give him our heartfelt thanks for his long career of dedicated and distinguished service to law enforcement; and we wish him all the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sheriff Roy Dean Bradford as an expression of our respect and esteem. HOUSE RESOLUTION 1120 Offered by Representative Daniels: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that Senior Pilot Gary "Ponch" McDonal will be retiring from the State of Illinois, Division of Aeronautics in December, 2002; and WHEREAS, Mr. McDonal was born on December 9, 1945 in Centralia to Bert and Betty McDonal; his father, Bert, was also a pilot for the State and amassed over 30,000 hours of flight time; and WHEREAS, He attended Centralia High School and Kaskaskia College; and
[December 3, 2002] 16 WHEREAS, He has flown for the State of Illinois, Division of Aeronautics since January 1973; previously, he flew with Sun Airlines and Airgo; and WHEREAS, He has 29 years of service in executive air transportation for the State of Illinois; he has flight time in excess of 20,000 hours; he has flown many State aircraft including: all single engine utility aircraft in the fleet; Cessna 320; Beechcraft Baron; Beechcraft Duke; King Air 90 (2); King Air 200 (4); and King Air 350 (4); and WHEREAS, He has flown for the gubernatorial administrations of Governor Walker, Governor Thompson, Governor Edgar and Governor Ryan; and WHEREAS, His retirement will allow him to spend more time with his wife, Pat; his daughter, Dawn Moushon; his grandchildren, Cortni Williams and Bobby Williams and a new baby, Zane Ryan Moushon, due January 1, 2003; and his step-grandchild, Logan Moushon; and WHEREAS, Mr. McDonal is an avid deer and turkey hunter; he built, shows, and tinkers with his 1923 "T" Bucket; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Senior Pilot Gary McDonal on his retirement and extend our sincere best wishes to him for health and happiness in the future; and RESOLVED, That a suitable copy of this resolution be presented to Senior Pilot Gary McDonal with our regards. HOUSE RESOLUTION 1121 Offered by Representative Daniels: WHEREAS, State Representative Jim Durkin, our esteemed colleague from the 44th District, is leaving the General Assembly after 8 years of distinguished service; and WHEREAS, Representative Durkin has focused on protecting and strengthening families and communities; he has worked tirelessly to keep neighborhoods safe from dangerous criminals; he spearheaded the effort to pass Crime Victim Community Notification legislation, which establishes a statewide network to immediately notify crime victims when their attacker is released from custody; and WHEREAS, He has shown his dedication to the safety of this State's children through his efforts to provide children with school environments that are free from violence and to protect the children of this State from pornographers; he introduced legislation to ensure that child pornographers serve mandatory prison sentences for their crimes; and he worked with the Attorney General's Office to pass the Safe 2 Learn Program, which works to prevent violence in our schools before it occurs; and WHEREAS, During his years of service, he has earned several honors; in 1997, the Illinois Community College Trustee Association named him Legislator of the Year; the Operating Engineer Local 150 named him Statesman of the Year in 1999; in 2001, he was awarded Citizen of the Year from Sarah's Inn Domestic Violence Shelter in Oak Park; and in 2002, the Illinois Crime Commission named him Legislator of the Year; and WHEREAS, Representative Durkin has been supported throughout his public and private life by his wife Celeste and his four daughters, Adrienne, Madeline, Emma and Caroline; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Representative Durkin on his service in the Illinois House of Representatives and we wish him success and happiness in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to him with our admiration and appreciation. HOUSE RESOLUTION 1122 Offered by Representative Daniels: WHEREAS, The members of the House of Representatives of the State
17 [December 3, 2002] of Illinois wish to congratulate Representative Suzanne D. Simpson on her service to the people of District 61; and WHEREAS, Representative Simpson began her political career as a Republican Precinct Committeeperson from 1988 to 1998; she has served as the Warren Township Supervisor since 1997; she was appointed to represent District 61 in 2002; and WHEREAS, Representative Simpson is a member of the Lake County Republican Federation and she has been a member of the Federation Board of Governors since 1995; she has been a member of the Lake County Farm Bureau Legislative Committee; and WHEREAS, Representative Simpson sponsored the End Stage Renal Disease Facility Act; it provides for the licensure of facilities that provide dialysis treatment or dialysis training to individuals with end stage renal disease; and WHEREAS, Representative Simpson has served on several committees while a member of the House of Representatives including the committees on Public Utilities; Financial Institutions; Labor; Environment & Energy; and Telecommunications Rewrite; and WHEREAS, Representative Simpson is the owner and operator of Simpson Equipment in Grayslake; she is married (husband, Kent) and has two daughters; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Representative Suzanne D. Simpson on successfully serving the constituents of District 61; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Simpson with our wishes that she enjoy success and happiness in all of her future endeavors. HOUSE RESOLUTION 1123 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives wish to congratulate Representative Dale A. Righter on his service to the people of the 106th District; and WHEREAS, Representative Righter received a Bachelor of Arts from Eastern Illinois University and his Juris Doctor at St. Louis University School of Law; he and his wife Teresa reside in Mattoon; he has two sons, Jonathan and Benjamin; and WHEREAS, Representative Righter has been a champion for local families and schools; he authored landmark education reform legislation improving funding for schools, including a $3 billion school construction bond program, and a $330 million program to fund school repairs and technology upgrades as well as classroom reform initiatives; and WHEREAS, Representative Righter fought for taxpayers' right to know how their tax dollars are being spent as the chief sponsor of the expansion of the Freedom of Information Act; and WHEREAS, Representative Righter spearheaded a new law expanding medical screening for newborn babies, helping to ensure that they get off to a healthy start in life; the new screening assists doctors in identifying and immediately treating a broader range of genetic and metabolic disorders that may pose serious health risks; and WHEREAS, Representative Righter was a key sponsor of a law that expanded crucial prescription assistance programs for seniors in need; the law allows more seniors to be eligible for prescription assistance and increases the amount of assistance available, as well as adding medications for the treatment of cancer, lung disease and smoking-related illnesses, Alzheimer's Disease, Parkinson's Disease and glaucoma to the list of medications covered under the Illinois Circuit Breaker program; and WHEREAS, Representative Righter has received numerous awards for his hard work and dedicated service from a wide variety of groups; he was named the 2002 Representative of the Year by ABATE, a Legislator of the Year in 2002 by the Illinois Health Care Association, and the 2002 Champion of Free Enterprise by the Illinois State Chamber of Commerce;
[December 3, 2002] 18 and WHEREAS, During his tenure in the House of Representatives, Representative Righter has served on numerous committees including the Committees on Judiciary I - Civil Law (Spokesperson); Computer Technology; Financial Institutions; Committee of the Whole; Higher Education; State Government Administration; and State Procurement; and WHEREAS, While Representative Righter will be sorely missed by his friends and colleagues in the House of Representatives, families in Central Illinois are fortunate that they will have his continued representation in the Illinois Senate; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Representative Dale A. Righter on a job well done; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Righter, along with our best regards. HOUSE RESOLUTION 1124 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives wish to congratulate Representative John O. Jones on his service to the people of the 107th District; and WHEREAS, Representative Jones was a member of the Bluford Consolidated School Board for eight years and served as President for four years; he has represented the 107th District since 1995; he recently was elected to serve the 54th District in the Illinois Senate; and WHEREAS, Representative Jones has always concentrated on representing the common man and has been available and accessible to his constituents; while not in session, he has held regular office hours every month in seven towns in his district; and WHEREAS, He has made education and senior citizens' issues a priority; he has worked for equitable school funding and expanding the Circuit Breaker and Pharmaceutical Assistance Program; he has assisted many local government entities, including townships, villages, cities, counties, school districts, fire districts, and water districts, by providing funding through special appropriations to better serve the people of the 107th District; he opposed layoffs in post-secondary educational and vocational programs at state prisons; and WHEREAS, He worked tirelessly to ensure the passage of a law, known as Empower Illinois, to revitalize the coal industry and generate much-needed jobs by providing tax incentives and low-interest loans for the construction of clean-burning power plants near Illinois coal mines; and WHEREAS, Among the awards received by Representative Jones are the Industrial Appreciation Award, the Friend of Agriculture Award, and the Guardianship of Small Business Award; and WHEREAS, He has served on several committees, including Agriculture & Conservation; Appropriations - General Services & Government Oversight (Vice - Spokesman); Elementary & Secondary Education; Tourism (Spokesman); Transportation & Motor Vehicles; and Veterans' Affairs; and WHEREAS, Representative Jones and his wife, Mimi, live in Mt. Vernon; he has two children, Natalie and Aaron; he served four years in the U.S. Air Force and was honorably discharged in 1962; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Representative John O. Jones on a job well done and we wish him continued success in the Illinois Senate; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative John O. Jones as an expression of our respect and esteem. HOUSE RESOLUTION 1125
19 [December 3, 2002] Offered by Representative Daniels: WHEREAS, The members of the House of Representatives of the State of Illinois wish to congratulate Representative Gwenn Klingler on her service to the people of the 100th District; and WHEREAS, Representative Klingler is a resident of Springfield; she is married to Dr. Gerald Klingler and has two grown, married children and one grandson; she graduated from Ohio Wesleyan University and later received a master's degree in biology from the University of Michigan; she went on to receive a law degree with honors from George Washington University; and WHEREAS, Representative Klingler served as an alderman on the Springfield City Council from 1991 to 1995 where she was chairman of the Public Safety Committee; she was twice elected to the Springfield District 186 School Board where she served from 1987 to 1991; she served as Board President in 1988; and WHEREAS, Since first being elected to the House of Representatives in 1994, Representative Klingler has been regarded as a child's advocate; in 1998, she received the Daycare Action Award; she helped to pass the Foster Parents Bill of Rights; she has served as the Spokesperson for the Children and Youth Committee of the House of Representatives; she was chief sponsor of the Sex Offender Registration bill and Public Act 92-137 ("Heather's Law") as well as House Resolution 63, which created the Illinois After School Initiative; she donated legislative scholarships to DCFS for foster children who are wards of the court; and WHEREAS, Representative Klingler worked hard for State employees; she co-sponsored the Early Retirement Plan for State Employees, which enabled State employees to retire as early as 50 years old, saving jobs and State money; and WHEREAS, Representative Klingler consistently worked to bring State money to the 100th district; she sponsored the Springfield Medical District bill, which established a commission to create a master plan to redevelop the medical district neighborhood and expand existing healthcare facilities as well as attract new facilities; and WHEREAS, Representative Klingler was instrumental in securing funding for a new classroom at the University of Illinois at Springfield; she was a major supporter of the construction process of the new Lincoln Presidential Library; and WHEREAS, Representative Klingler has received community honors in recognition of her work; she received the Charlotte Danstron Award from Women-In-Management for the Women of Achievement in Government Award in 1994, and in 1996 received the Distinguished Leadership Award from Leadership Springfield that is sponsored by the Greater Springfield Chamber of Commerce; she received the 1999 Legislative Leadership Award from the Illinois Alcoholism and Drug Dependence Association; further, she received the 1999 Goodwill, SPARC, and National Association for the Mentally Ill Award, the 2001 Anti-Hunger Advocate Award, and the 2002 Illinois Women in Government Award; and WHEREAS, Representative Klingler remains active in the community and serves on a number of Springfield area community committees; she is a member of the Human Values and Ethics Committee at Memorial Hospital, the Chancellor's Advisory Committee at the University of Illinois at Springfield, and the Central Illinois Blood Bank Board; she is a member of The Greater Springfield Chamber of Commerce, Women-In-Management, Springfield Rotary International, and the Sangamon County Medical Alliance; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Representative Gwenn Klingler on a job well done; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Klingler, along with our sincere regards. HOUSE RESOLUTION 1126 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives wish
[December 3, 2002] 20 to say farewell to Representative Rick Winkel of the 103rd District; and WHEREAS, Representative Winkel is moving on to the Illinois Senate; and WHEREAS, Representative Winkel was born on September 25, 1956 in Kankakee; he received his bachelor's degree in Economics at the University of Illinois at Urbana-Champaign in 1979; he then received his Law Degree in 1982, from DePaul University College of Law at Chicago; he is a member of Omicron Delta Epsilon, an economics honorary, and Omicron Delta Kappa, a leadership honorary, and is an Edmund J. James Scholar; in addition, he is a life member of the University of Illinois Alumni Association and a member of the Alpha Chapter, Alpha Gamma Rho Agricultural Fraternity; and WHEREAS, Representative Winkel was first elected to the General Assembly in 1994, after serving a little more than two years on the county board; his father, Dick, was Kankakee County auditor for 29 years and instilled in him a strong sense of public service; a junior year internship with U.S. Representative George M. O'Brien in Washington, D.C., was what really inspired Representative Winkel to choose a career in public service; and WHEREAS, Representative Winkel's main focus over eight years has been on education; he is a past contributing editor of the ABA Employment Law Publication and has concentrated on civil litigation, employment law and eminent domain; and WHEREAS, In 1995 Representative Winkel received the Outstanding Freshmen Legislator of the Year award from the Illinois Health Care Association; and WHEREAS, In 1996, he received the Voice of Employers Award, 89th General Assembly, The Management Association of Illinois; Recognition for Exemplary Representation and Friendship, Champaign County Corn Growers; Outstanding Freshmen Legislator of the year, The Illinois Primary Health Care Association; and Guardian of Small Business, National Federation of Independent Business; and was named Activator, Friend of Agriculture, Illinois Farm Bureau; and WHEREAS, In 1997, he received a Community Service Award from the Illinois Park and Recreation Association and Illinois Association of Park Districts with the Champaign County Forest Preserve District; he was also awarded Recognition of Outstanding Efforts on Behalf of Education from the Illinois Association of Regional Superintendents of School; and WHEREAS, In 1998, he again received the Outstanding Legislator of the Year award for the 90th General Assembly from the University of Illinois Fire Fighters and the Associated Fire Fighters of Illinois; Outstanding Commitment to the Program and its Students for the Regional Educational Alternatives for Developing Youth Program; the Governor's Community Leaders Award, Legislative Friend of Tourism, Illinois Governor's Conference on Tourism, the Illinois Bureau of Tourism; and Activator, Friend of Agriculture, Illinois Farm Bureau; and WHEREAS, In 1999, the Illinois Association of Park Districts named him Outstanding Legislator of the Year, the Illinois Respite Coalition awarded him the Excellence in Leadership Award, and he was also nominated for the Walter G. Turner AAESE National Education Award; and WHEREAS, In 2000, he was again nominated for the Walter G. Turner AAESE National Education Award, along with the Student Trustee Vote Bill Commendation, University of Illinois at Urbana-Champaign Illinois Student Government Assembly VI; and WHEREAS, In 2001, he received awards including: Legislator of the Year, Illinois Association of School Social Workers; and Employment Law Council of Illinois Jobs Defender; and WHEREAS, Prior to being elected to the General Assembly, Representative Winkel was a former partner of Harrington, Porter and Winkel, and counsel with Meyer, Capel, Hirschfeld, Muncy, Jahn and Aldeen; and WHEREAS, Representative Winkel has been supported throughout his public and private life by his wife, Debra, and two children, Meghan and David; away from law and politics, he enjoys reading, hiking,
21 [December 3, 2002] fishing, and watching Fighting Illini football; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Representative Rick Winkel on his new seat in the Illinois Senate; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Rick Winkel, along with our sincere regards. HOUSE RESOLUTION 1127 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives wish to say farewell to Representative Ron Lawfer of the 74th District; and WHEREAS, Representative Lawfer was elected in 1992 and is now serving his fifth term in the Illinois General Assembly; and WHEREAS, Representative Lawfer has lived in northwestern Illinois all of his life; he and his wife, Pat, are the proud parents of five children; Ron and Pat were dairy farmers from 1957 to 1987 and now reside in Stockton where they own and operate a grain farm; and WHEREAS, Representative Lawfer graduated from Stockton High School and the University of Illinois; he served as an infantry officer in Korea; after the military, he became involved with local government; he served as Wards Grove Township Supervisor for 8 years and served 10 years on the Jo Daviess County Board; and WHEREAS, He was one of five Illinoisans appointed by Governor Jim Thompson to serve as a Commissioner of the Illinois Rural Bond Bank; he has been an active participant in economic development efforts as a member of the Overall Economic Development Committee for Jo Daviess County, and as a member of the Illinois Trade Mission to Mexico; and WHEREAS, He has been the recipient of many awards and honors including the "Voice of Employers Award" from the Management Association, the "Friend of Agriculture" from the Farm Bureau Activator, "the Master Farmer" award from the Prairie Farmer Magazine; he was named a top ranking freshmen legislator by Illinois Politics Magazine; he was the first recipient of the "Friends of Dairymen" award given by the Illinois Milk Producers' Association for his legislative achievements, which included changes in how fines are levied for adulterated milk; he received the Governor's "Legislative Friend of Tourism" award; in 1998, the Association of Illinois Electric Cooperatives chose him to receive their Public Service Award for service to the rural electrification program; and WHEREAS, He worked to ensure that Adkins Energy LLC near Lena, the first functioning farmer-owned ethanol plant in Illinois, became a reality; in addition, he was an alternate co-sponsor and supported the creation of the Illinois AgriFIRST program; and he was a supporter of the Council on Food and Agricultural Research; and WHEREAS, Currently, he is serving as minority spokesman for the Agriculture & Conservation committee, and vice-spokesman for both the Appropriations-Elementary & Secondary Education committee, and the Tourism committee; he also serves on committees for Counties and Townships, Environment & Energy, and Aging; and WHEREAS, Representative Lawfer looks forward to using his experience to continue to serve as a "Citizen Legislator" for his Northwest Illinois district; he plans to retire and spend his time concentrating on his grain farm and his 9 grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we thank Representative Ron Lawfer for his hard work and dedication to the people of the State of Illinois and wish him well in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Ron Lawfer as an expression of our respect and esteem. HOUSE RESOLUTION 1128
[December 3, 2002] 22 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives wish to say farewell to Representative Roger C. Marquardt of the 39th District; and WHEREAS, Representative Marquardt was born on October 23, 1936 in Elmhurst; he is married to Judy and he has four children; and WHEREAS, Representative Marquardt is a former police officer for Lombard; former Director of the DuPage Airport Authority; former Assistant to the Secretary, Illinois Department of Transportation; former State Director of Aviation; and former DuPage Board of Realtors President; he has worked with civic groups to pass the 1976 Park District Referendum; and he is a fifth generation Lombardian; and WHEREAS, He has been a member of the Committees on Aging; Aviation (Spokesperson); Cities & Villages; Environment & Energy; Labor; and Telecommunications Rewrite; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our heartiest congratulations and best wishes for continued success to Representative Roger C. Marquardt and we commend him on his service in the Illinois House of Representatives; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Roger C. Marquardt as an expression of our esteem. HOUSE RESOLUTION 1129 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives wish to say farewell to State Representative Jonathan C. Wright; he was chosen to succeed longtime Representative John Turner, so he had big shoes to fill; he proved immediately that he was more than up to the task, serving families in the 90th District with conviction and integrity; and WHEREAS, He spearheaded a new law helping schools access crisis assistance personnel to assist students, their families and staff following violence or other traumatic incidents; he fought to ease the tax burden on our families, championing legislation to provide needed tax credits to help offset the costs of child care or the care of other dependent loved ones; he worked with his colleague to help boost family farm income, sponsoring legislation promoting value-added agriculture programs and the increased use of Illinois-produced ethanol; and WHEREAS, He fought to protect the safety and well being of newborn infants, sponsoring legislation to ensure all infants born alive in a hospital will receive proper medical care; and he protected our childrens' constitutional rights by spearheading a new law assuring they may engage in a moment of silent prayer or reflection at school; and WHEREAS, Representative Wright is a resident of Hartsburg; he has been supported throughout his public and private life by his wife, Melanie, and his three children; and WHEREAS, We wish Jonathan Wright well in all of his future professional endeavors; while we know he is looking forward to returning to his law practice and especially to being able to spend more time with his family, we will miss him in the House; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Representative Jonathan C. Wright for his exemplary service in the Illinois House of Representatives; and be it further RESOLVED, That a suitable copy of this resolution be delivered to State Representative Jonathan C. Wright as an expression of our esteem. HOUSE RESOLUTION 1130 Offered by Representative Daniels: WHEREAS, Members of the House of Representatives of the State of Illinois would like to congratulate Representative Tom Berns on a job
23 [December 3, 2002] well done for the citizens of the 104th District; and WHEREAS, In two years, Representative Berns has made a positive difference for families in his district, throughout central Illinois, and for the University of Illinois; and WHEREAS, Representative Berns authored a new law to boost minority-owned businesses, helping them foster partnerships with the University of Illinois and state agencies looking to purchase goods and services; and WHEREAS, Representative Berns fought to make drugs less accessible to young people; he championed a new law cracking down on dealers of ecstasy and other club drugs targeted at our children; and WHEREAS, Representative Berns helped open up the Circuit Breaker program, providing prescription assistance and property tax relief to more seniors in need, and fought to reform our state's antiquated and inadequate system for funding long term care facilities; and WHEREAS, Representative Berns sponsored legislation strengthening ethics guidelines for legislators and other elected officials; he worked with Representative Rick Winkel and Senator Stan Weaver to assure the needs of the University of Illinois are met; he also worked with Representative Dan Rutherford to protect property owners' trees and shrubs from excessive cutting by utility companies; and WHEREAS, Representative Berns is President of both Berns, Clancy and Associates, P.C. and Aerial Mapping Services, Inc. in Urbana; he received a bachelor's degree in civil engineering from the University of Illinois in 1968 and is an active member of many civil engineering professional organizations; he is co-author of the 4th edition of Fundamentals of Surveying and has been an instructor in civil engineering at the University of Illinois at Urbana-Champaign and other places; he received the Distinguished Alumnus Award from the Civil Engineering Department of the University of Illinois at Urbana-Champaign Alumni Association; and WHEREAS, Representative Berns has received several awards during his service in the General Assembly; the Champaign Park District recognized him as Honorary Commissioner for outstanding services to the citizens of the Park District; in appreciation of his concern and support of our natural resources, he was honored by the Champaign County Soil and Water Conservation District; AIA Illinois presented the Outstanding Freshman Legislator Award to him for his support and counsel to the profession of architecture in the State of Illinois; he was voted Outstanding Legislator for the Ninety-second General Assembly by the Illinois Professional Land Surveyors Association; the Illinois Chamber named him Champion of Free Enterprise in 2002; he received the Outstanding Freshman Legislator Award from the Illinois Professional Land Surveyors; and WHEREAS, Representative Berns has been active in many civic and service organizations, and has received numerous honors from and held numerous leadership positions in those organizations; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Representative Berns for his exemplary service; we wish him well in his future endeavors and we know he will enjoy spending more time with his family; and be it further RESOLVED, That a suitable copy of this resolution be presented to Representative Tom Berns with our best regards. HOUSE RESOLUTION 1131 Offered by Representative Daniels: WHEREAS, It has come to the attention of the Illinois House of Representatives that Gibson Area Hospital & Health Services celebrated its 50th anniversary on November 20, 2002 and the hospital's Auxiliary also celebrated its 50th anniversary; and WHEREAS, Gibson Community Hospital opened on November 3, 1952; it was built with Hill-Burton federal monies and tremendous individual and business support for the 26 townships it was originally to serve; it is the only hospital in Ford County, serving over 20,000 rural and small
[December 3, 2002] 24 town households within a 25-mile radius of Gibson City; and WHEREAS, The name was changed in 1998 to Gibson Area Hospital & Health Services, reflecting the expanded service area and the many additional ways the organization delivers health in its area; and WHEREAS, Over the years, upgrades have been made to satisfy patient needs, physician needs, service upgrades and government codes; recently, State grants provided Illinois First funding for the surgery and radiology wing with associated remodeling that took place in 2000, as well as providing a new ambulance for the paramedic-level service, and vans for the Health Express medical transportation service run by Gibson City Telecare; and WHEREAS, The hospital's Auxiliary is also celebrating 50 years of service; members helped sew curtains and provided nursing aide services in the early days of the hospital; an astounding 260 members perform more than 20 types of volunteer service, saving the hospital many thousands of dollars; in addition, the organization has raised tens of thousands of dollars for hospital equipment and services; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend the volunteers who comprise the Board of Directors and Auxiliary of Gibson Area Hospital & Health Services for working to ensure that quality health care is available in the years to come and we congratulate them on their 50th anniversary; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the President of the Board of Directors, Jim Hood, and the Auxiliary Co-Presidents, Brenda Arends and Ann Spangler as an expression of our respect and esteem. HOUSE RESOLUTION 1132 Offered by Representative Winkel: WHEREAS, The members of the House of Representatives are pleased to recognize milestones in the lives of citizens of the State of Illinois; and WHEREAS, It has come to the attention of this prestigious Body that Kathleen Anne Martens has been awarded the degree of Doctor of Chiropractic; and WHEREAS, Dr. Kathleen Anne Martens received her Bachelor of Arts and Sciences degree from Eastern Illinois University in 1989 and a paralegal certification from Roosevelt University in 1990; she attended Moraine Valley Community College in Palos Hills to further her study of science in order to attend Palmer College of Chiropractic; and WHEREAS, On October 25, 2002, Dr. Kathleen Anne Martens graduated from the Palmer College of Chiropractic in Davenport, Iowa; and WHEREAS, Dr. Kathleen Anne Martens was joined on this special day of her graduation by the members of her family, including her proud parents, Charles J. Zickus, Jr. and State Representative Anne Zickus and her brother Charles J. Zickus, III, DVM MS; her parents-in-law, George and Ruth Martens; her stepchildren, Matthew and Samantha Martens; her cousins, Ellie Zickus, Joe Carlson, Barbara "Bobbie" Boyle, and Bill and Valerie Warneke; her aunts and uncle, Nancy and Michael Cummings and Gail Carlson; her friends, Patricia Granito, Gina Dellamorte, Carolyn Dellamorte, Kim Dellamorte-Vrba, Jonathon Dellamorte, Justin Vrba, Britni Vrba, and Bruceanne Phillips; and in spirit by Gregory Martens, Aunt Adrienne Warneke, and grandparents, William and Julia Greenhoff and Charles and Eleanor Zickus; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Kathleen Anne Martens for the dedication and hard work that led to her success, and further express our best wishes for her personal happiness and professional achievement; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Kathleen Anne Martens.
25 [December 3, 2002] HOUSE RESOLUTION 1133 Offered by Representatives Burke-Wojcik: WHEREAS, The members of the House of Representatives of the State of Illinois wish to recognize those colleagues who have contributed much and will be leaving the revered chamber of the House of Representatives; and WHEREAS, These Representatives will have served our beloved State with commitment and unselfish dedication for a combined total of 205 years in the House of Representatives; and WHEREAS, These Representatives are Robert J. Bugielski, Mary Lou Cowlishaw, M. Maggie Crotty, Thomas J. Dart, James B. Durkin, Judy Erwin, James D. "Jim" Fowler, Susan Garrett, Thomas L. "Tom" Johnson, John O. Jones, Shirley M. Jones, Howard A. Kenner, Gwenn Klingler, I. Ronald Lawfer, Roger C. Marquardt, Harold Murphy, Dale A. Righter, Dan Rutherford, Robert L. Ryan, Jr., Jeffrey M. Schoenberg, Suzanne D. Simpson, Richard J. "Rick" Winkel, Jonathan C. Wright, and Anne Zickus; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate our colleagues of the House of Representatives on a job well done; and be it further RESOLVED, That a suitable copy of this resolution be presented to each of the members of the House of Representatives who are leaving with our best wishes for success in all of their future endeavors. HOUSE RESOLUTION 1134 Offered by Representative Morrow: WHEREAS, Members of the House of Representatives of the State of Illinois recently learned with sadness of the death of Edna Leach Byrd on Wednesday, September 25, 2002; and WHEREAS, Mrs. Byrd was born on November 17, 1928 in Portsmouth, Virginia to Simon and Mable Leach; she was the youngest of seven brothers and sisters, all of whom preceded her in death; she accepted Christ while attending Emmanuel A.M.E. Church in Portsmouth, Virginia; and WHEREAS, Mrs. Byrd graduated from I.C. Norcom High School in 1945; she attended Shaw University in Raleigh, North Carolina and Maryland State; and WHEREAS, In 1951, she married Myrten E. Byrd, Sr.; they were married 51 years and were blessed with five children, Vanessa, Myrten, Marvin, Marion, and Maurice; and WHEREAS, Mrs. Byrd devoted her entire life to her husband and children; she enjoyed being Myrten's best friend, partner and soul mate; she took special pride and delight in her children and their accomplishments; each of her grandchildren held a unique place in her heart; and WHEREAS, Mrs. Byrd enjoyed her affiliation and travels with the Daybreakers' Social Club; she will be remembered for her love of Western movies; and WHEREAS, The loss of Edna Byrd will be deeply felt by all who knew and loved her especially her husband, Myrten E. Byrd, Sr,; her children, Vanessa (Jerome), Myrten (Toni), Marvin (Renee), Marion (Algie), and Maurice (Deidra); her in-laws, Rosalyn Ellis, Napoleon Byrd, Rudolph Brown, Sr. (Ann), and Barbara Leach; her grandchildren, Jermaine (LaShonya), JeVaughan, Tiffani, Jemell, Jemyra, Marques, Myrten III, Brandon, Ashley, Sherrita, Marvin, Christopher, and Jada; her great-grandchildren, Terrell, Empress, Jermaine Jr., JeVaughan, Tylin, Tya, and Camryn; and a host of nieces, nephews, and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of
[December 3, 2002] 26 Edna Leach Byrd and offer our sincere condolences to her family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Edna Leach Byrd. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 1102 Offered by Representative McGuire: WHEREAS, Alzheimer's disease is a progressive degenerative disease of the brain, and the most common form of dementia; it results in impaired thinking and behavior; Alzheimer's disease usually begins gradually, causing a person to forget events and to have difficulty performing familiar tasks; and WHEREAS, How rapidly the disease advances varies from person to person, causing confusion, personality and behavior changes and impaired judgment; communication becomes difficult as the person with Alzheimer's disease struggles to find words, finish thoughts or follow directions; persons with the disease may wander off and get lost, in their own neighborhoods or far from home; eventually, persons with Alzheimer's disease become totally unable to care for themselves; and WHEREAS, Over 200,000 citizens of Illinois are afflicted with Alzheimer's disease; 10% of persons over the age of 65 suffer from the disease and nearly 50% of persons over the age of 85 are afflicted; the number is expected to grow to 300,000 in just 25 years when the baby boomer generation reaches the age of greatest risk for Alzheimer's disease; and WHEREAS, 70% of people with Alzheimer's disease live at home, and 75% of these individuals depend upon the care of family and friends; frequently, the family caregivers' health is compromised due to the stress of providing care; and WHEREAS, Over 50% of all nursing home residents have Alzheimer's disease or a related dementia; and WHEREAS, Alzheimer's disease is extremely costly; the average lifetime cost of Alzheimer's disease is $174,000 per person; the cost of home care can exceed $12,500 per year and the cost of nursing home care averages $42,000 per year; and WHEREAS, This year marks the 20th anniversary of President Reagan's first proclamation of the month of November as National Alzheimer's Disease Month in order to increase public awareness about Alzheimer's disease and the Alzheimer's Association and stimulate the interest and concern of the American people, which may, in turn, lead to increased research and eventually the discovery of a cure for Alzheimer's disease; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that November, 2002 be recognized as Alzheimer's Disease Month and we encourage Illinoisans to strive to increase awareness about Alzheimer's disease. HOUSE RESOLUTION 1108 Offered by Representative Schoenberg: WHEREAS, The mission of the Illinois State Toll Highway Authority is to provide and promote a safe and efficient system of toll highways; and WHEREAS, The Tollway, comprised of the Northwest, the Tri-State, the East-West, and the North-South Tollways, consists of 274 miles, 539 bridge structures, 20 mainline plazas, and 47 ramp plazas; and WHEREAS, Thousands of Illinois citizens travel the Tollway system on a daily basis and pay the tolls used to finance Tollway operations; and
27 [December 3, 2002] WHEREAS, The Illinois State Toll Highway Authority is a major contributor to interstate commerce transportation; and WHEREAS, The Illinois State Toll Highway Authority has made indications that they are planning to increase the fees for using the Toll Highway system; and WHEREAS, On January 13, 2003, a new Governor will take office; and WHEREAS, The Illinois State Toll Highway Authority should complete a comprehensive strategic financial plan before considering any increase in tolls; and WHEREAS, Inefficiency and waste existing in the Illinois State Toll Highway Authority should be reviewed and reduced before any toll increases are implemented; and WHEREAS, Given the impact of the Tollway on its users, as well as on the transportation needs of the State, it is important that the management and operation of the Tollway be reviewed to ensure that it is making efficient and economical use of its resources; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois State Toll Highway Authority not to proceed with increasing the tolls; and be it further RESOLVED, That the Illinois State Toll Highway Authority review the audit conducted by the Auditor General; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Executive Director of the Illinois State Toll Highway Authority. HOUSE RESOLUTION 1110 Offered by Representative Feigenhotlz: WHEREAS, School safety is an issue of increasing concern for staff and students of all schools; and WHEREAS, Students are often the first and most aware of impending problems in regard to school safety; and WHEREAS, Students are more likely to accept responsibility for school safety if they are involved and their views are represented; and WHEREAS, Students have the most at stake in keeping schools safe; and WHEREAS, The Student Advisory Council to the State Board of Education has established a Student School Safety Audit to assess student perceptions of the presence or absence of safety and security measures in their schools and to encourage discussion on the topic; and WHEREAS, Using the Student School Safety Audit will cue students as to the characteristics of safe schools; ensure meaningful student input into school safety and security policies and programs; enlist student support and responsibility for safer schools; encourage schools to develop, update, and communicate their safety programs to staff and students as appropriate; and provide bases for safety and security needs assessments; and WHEREAS, The Student School Safety Audit is specifically designed to structure discussions in focus groups and classes, guide school safety committees in seeking out student views and input, and serve as a survey instrument for groups and individuals; and WHEREAS, The instruments in the Student School Safety Audit are designed for students but are equally appropriate for adults, including parents, teachers, administrators, support staff, police, and security officers, for purposes of assessing needs and planning; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge schools to use the Student School Safety Audit as much as they deem appropriate for their schools; and be it further RESOLVED, That we urge schools to conduct the audit periodically as school safety is a continually changing process; and be it further RESOLVED, That we remind schools that an audit should lead to action through systematic needs assessment, policy and program development, evaluation, planning, and training; and be it further RESOLVED, That the audit be instructional, serving as an
[December 3, 2002] 28 educational resource for those who participate, and that findings and recommendations will be shared as deemed appropriate; and be it further RESOLVED, That suitable copies of this resolution be delivered to the State Superintendent of Education, as well as all Illinois superintendents and principals. HOUSE RESOLUTION 1118 Offered by Representative Watson: WHEREAS, The members of the Illinois House of Representatives recognize that Illinois produces more ethanol than any other state in the United States; and WHEREAS, Illinois produces around 40% of the United States' ethanol production; and WHEREAS, Illinois currently produces around 710 million gallons of ethanol annually from 275 million bushels of corn; and WHEREAS, At least one out of every six rows of corn grown in Illinois is used for ethanol production; and WHEREAS, Domestic, renewable, and alternative fuels such as ethanol and biodiesel offer hope for America's future; and WHEREAS, Ethanol contains oxygen, and fuel blended with ethanol reduces harmful exhaust emissions from vehicles; and WHEREAS, Ethanol, when blended with gasoline, acts as an octane enhancer, reducing the need for such harmful substances as benzene and toluene in gasoline; and WHEREAS, Ethanol-blended fuels extend current supplies of petroleum; and WHEREAS, The continued growth of renewable energy will continue to be important in delivering larger supplies of clean, domestic power for America's growing economy; and WHEREAS, Illinois has enacted legislation to implement the phase-out of the alternative motor fuel additive methyl tertiary-butyl ether (MTBE) in this State; and WHEREAS, An agreement was reached between oil companies, environmentalists, and agricultural interests that may help increase the use of ethanol and other biofuels over the next decade; and WHEREAS, The agreement includes the phasing out of MTBE; and WHEREAS, The agreement brought many major interested groups toward a consensus on the motor fuel composition issue; and WHEREAS, The renewable fuels standard (RFS) was considered by congressional conferees as part of the 2002 energy bill; and WHEREAS, The renewable fuels standard may boost ethanol production from the 2001 level of 1.7 billion gallons to 5 billion gallons of renewable fuels by 2012; and WHEREAS, An energy bill will not see any action until 2003 when the 108th United States Congress convenes; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the State of Illinois needs to protect and expand the production and use of ethanol and other biofuels in this State; and be it further RESOLVED, That we urge the members of the United States Congress to continue to support the ethanol and biofuel industries by enacting the renewable fuels standard and eliminating MTBE; and be it further RESOLVED, That we urge the United States Congress to make the renewable fuels standard (RFS) a priority and act on the initiative as quickly as possible; and be it further RESOLVED, That suitable copies of this resolution be delivered to U.S. Senator Peter Fitzgerald, U.S. Senator Richard Durbin, and each member of the Illinois delegation in the U.S. House of Representatives. HOUSE RESOLUTION 1119 Offered by Representative Hamos: WHEREAS, United Airlines is the largest air carrier headquartered in Illinois, the ongoing viability and stability of United Airlines, a significant economic engine for commercial activity throughout Northern
29 [December 3, 2002] Illinois, is of paramount importance to the welfare of the State of Illinois and its citizens; and WHEREAS, United employs nearly 20,000 at O'Hare, Chicago Reservations, World Headquarters, and other locations throughout Northern Illinois; and WHEREAS, United and its holding company, UAL Corporation, also contribute over $84,000,000 annually in rents and landing fees, passenger facility charges, and significant tax revenue to the region and the State of Illinois; and WHEREAS, Each day, more than 800 United flights takeoff or arrive at O'Hare and more than 80,000 United passengers arrive or depart from O'Hare. One United domestic passenger arriving at O'Hare generates approximately $1,120 for the City of Chicago and the State of Illinois. Each international passenger generates approximately $2,310. Because of United, almost 15,000,000 travelers a year contribute to the region's economy; and WHEREAS, United's Chicago Reservations Center makes upwards of 18,000,000 bookings annually and, at the same time, United Cargo employees process over 232,000,000 pounds of mail and freight at O'Hare; and WHEREAS, United was significantly impacted by the September 11, 2001 terrorist attacks; with two of four hijacked aircraft belonging to United, it was both a target and a victim of the tragic events of September 11; and WHEREAS, The dramatic drop in air travel since September 11, 2001 -- especially high yield international and business travel -- has and continues to have a significant deteriorating impact on the financial condition of United Airlines; and WHEREAS, The Air Transportation Safety and System Stabilization Act was signed by the President of the United States on September 22, just 11 days after the terrorist attacks of September 11, 2001; and WHEREAS, The President of the United States described this Act as providing "urgently needed tools" to assure safety and immediate stability of our Nation's commercial airline system and to establish a process for compensating victims of terrorist attacks; and WHEREAS, In order to compensate air carriers for the losses associated with September 11, and to induce private lending institutions to extend financial assistance to U.S. airlines, the Stabilization Act provided direct grants for air carriers and up to $10,000,000,000 in loan guarantees for U.S. based air carriers; and WHEREAS, The loan guarantee provision of the Act is meant to assist those carriers that suffered losses due to the terrorist attacks of September 11, and to whom credit is otherwise not available in order to facilitate a safe, efficient, and viable commercial aviation system in the United States; and WHEREAS, There is no cost to the U.S. Government or to the American taxpayer, apart from administrative expenses, unless the airline defaults on the loan and the U.S. Government is called on to honor the guarantee; and WHEREAS, United has outlined a sound financial recovery plan with four basic tenets: expense reduction, revenue enhancement, employee-shared sacrifice, and financing and liquidity; and WHEREAS, United's updated ATSB loan application, dated October 22, 2002, requesting $1,800,000,000 includes specific labor cost reductions of $5,800,000,000 over the next 5 1/2 years, with the participation of all employee groups; and WHEREAS, United Airlines has pledged specific non-labor profit improvements of $1,400,000,000 and a process for an additional $400,000,000 in savings; and WHEREAS, United has pledged to work tirelessly to find additional means of enhancing revenue and lowering costs; and WHEREAS, United is in precisely the situation Congress had in mind when it enacted the Air Transportation Safety and System Stabilization Act; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby formally
[December 3, 2002] 30 request and urge the Air Transportation Stabilization Board, part of the United States Treasury, to expeditiously approve United Airlines' application for a loan guarantee; and be it further RESOLVED, That suitable copies of this resolution be immediately delivered to George W. Bush, the President of the United States; Alan Greenspan, the Chairman of the Federal Reserve Board; Norman Mineta, the Secretary of Transportation; and Paul O'Neill, the Secretary of the Treasury. SENATE BILLS ON SECOND READING SENATE BILL 2390. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Appropriations-Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 2390 AMENDMENT NO. 1. Amend Senate Bill 2390, by replacing everything after the enacting clause with the following: "Section 5. The amount of $1, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for its ordinary and contingent expenses. 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 held on the order of Second Reading. SENATE BILL 729. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Financial Institutions, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 729 AMENDMENT NO. 1. Amend Senate Bill 729 by replacing the title with the following: "AN ACT concerning college savings."; and by replacing everything after the enacting clause with the following: "Section 5. The State Treasurer Act is amended by changing Section 16.5 as follows: (15 ILCS 505/16.5) Sec. 16.5. College Savings Pool. The State Treasurer may establish and administer a College Savings Pool to supplement and enhance the investment opportunities otherwise available to persons seeking to finance the costs of higher education. The State Treasurer, in administering the College Savings Pool, may receive moneys paid into the pool by a participant and may serve as the fiscal agent of that participant for the purpose of holding and investing those moneys. "Participant", as used in this Section, means any person who makes investments in the pool. "Designated beneficiary", as used in this Section, means any person on whose behalf an account is established in the College Savings Pool by a participant. Both in-state and out-of-state persons may be participants and designated beneficiaries in the College Savings Pool. New accounts in the College Savings Pool shall be processed through participating financial institutions. "Participating financial institution", as used in this Section, means any financial institution insured by the Federal Deposit Insurance Corporation and lawfully doing business in the State of Illinois and any credit union approved by the State Treasurer and lawfully doing business in the State of Illinois
31 [December 3, 2002] that agrees to process new accounts in the College Savings Pool. Participating financial institutions may charge a processing fee to participants to open an account in the pool that shall not exceed $30 until the year 2001. Beginning in 2001 and every year thereafter, the maximum fee limit shall be adjusted by the Treasurer based on the Consumer Price Index for the North Central Region as published by the United States Department of Labor, Bureau of Labor Statistics for the immediately preceding calendar year. Every contribution received by a financial institution for investment in the College Savings Pool shall be transferred from the financial institution to a location selected by the State Treasurer within one business day following the day that the funds must be made available in accordance with federal law. All communications from the State Treasurer to participants shall reference the participating financial institution at which the account was processed. The Treasurer may invest the moneys in the College Savings Pool in the same manner, in the same types of investments, and subject to the same limitations provided for the investment of moneys by the Illinois State Board of Investment. To enhance the safety and liquidity of the College Savings Pool, to ensure the diversification of the investment portfolio of the pool, and in an effort to keep investment dollars in the State of Illinois, the State Treasurer shall make a percentage of each account available for investment in participating financial institutions doing business in the State. The State Treasurer shall deposit with the participating financial institution at which the account was processed the following percentage of each account at a prevailing rate offered by the institution, provided that the deposit is federally insured or fully collateralized and the institution accepts the deposit: 10% of the total amount of each account for which the current age of the beneficiary is less than 7 years of age, 20% of the total amount of each account for which the beneficiary is at least 7 years of age and less than 12 years of age, and 50% of the total amount of each account for which the current age of the beneficiary is at least 12 years of age. The State Treasurer shall adjust each account at least annually to ensure compliance with this Section. The Treasurer shall develop, publish, and implement an investment policy covering the investment of the moneys in the College Savings Pool. The policy shall be published (i) at least once each year in at least one newspaper of general circulation in both Springfield and Chicago and (ii) each year as part of the audit of the College Savings Pool by the Auditor General, which shall be distributed to all participants. The Treasurer shall notify all participants in writing, and the Treasurer shall publish in a newspaper of general circulation in both Chicago and Springfield, any changes to the previously published investment policy at least 30 calendar days before implementing the policy. Any investment policy adopted by the Treasurer shall be reviewed and updated if necessary within 90 days following the date that the State Treasurer takes office. Participants shall be required to use moneys distributed from the College Savings Pool for qualified expenses at eligible educational institutions. "Qualified expenses", as used in this Section, means the following: (i) tuition, fees, and the costs of books, supplies, and equipment required for enrollment or attendance at an eligible educational institution and (ii) certain room and board expenses incurred while attending an eligible educational institution at least half-time. "Eligible educational institutions", as used in this Section, means public and private colleges, junior colleges, graduate schools, and certain vocational institutions that are described in Section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088) and that are eligible to participate in Department of Education student aid programs. A student shall be considered to be enrolled at least half-time if the student is enrolled for at least half the full-time academic work load for the course of study the student is pursuing as determined under the standards of the institution at which the student is enrolled. Distributions made from the pool for qualified expenses shall be made directly to the eligible educational institution,
[December 3, 2002] 32 directly to a vendor, or in the form of a check payable to both the beneficiary and the institution or vendor. Any moneys that are distributed in any other manner or that are used for expenses other than qualified expenses at an eligible educational institution shall be subject to a penalty of 10% of the earnings unless the beneficiary dies, becomes disabled, or receives a scholarship that equals or exceeds the distribution. Penalties shall be withheld at the time the distribution is made. The Treasurer shall limit the contributions that may be made on behalf of a designated beneficiary based on an actuarial estimate of what is required to pay tuition, fees, and room and board for 5 undergraduate years at the highest cost eligible educational institution. The contributions made on behalf of a beneficiary who is also a beneficiary under the Illinois Prepaid Tuition Program shall be further restricted to ensure that the contributions in both programs combined do not exceed the limit established for the College Savings Pool. The Treasurer shall provide the Illinois Student Assistance Commission each year at a time designated by the Commission, an electronic report of all participant accounts in the Treasurer's College Savings Pool, listing total contributions and disbursements from each individual account during the previous calendar year. As soon thereafter as is possible following receipt of the Treasurer's report, the Illinois Student Assistance Commission shall, in turn, provide the Treasurer with an electronic report listing those College Savings Pool participants who also participate in the State's prepaid tuition program, administered by the Commission. The Commission shall be responsible for filing any combined tax reports regarding State qualified savings programs required by the United States Internal Revenue Service. The Treasurer shall work with the Illinois Student Assistance Commission to coordinate the marketing of the College Savings Pool and the Illinois Prepaid Tuition Program when considered beneficial by the Treasurer and the Director of the Illinois Student Assistance Commission. The Treasurer's office shall not publicize or otherwise market the College Savings Pool or accept any moneys into the College Savings Pool prior to March 1, 2000. The Treasurer shall provide a separate accounting for each designated beneficiary to each participant, the Illinois Student Assistance Commission, and the participating financial institution at which the account was processed. No interest in the program may be pledged as security for a loan. The assets of the College Savings Pool and its income and operation shall be exempt from all taxation by the State of Illinois and any of its subdivisions. The accrued earnings on investments in the Pool once disbursed on behalf of a designated beneficiary shall be similarly exempt from all taxation by the State of Illinois and its subdivisions, so long as they are used for qualified expenses. Contributions during the taxable year to a College Savings Pool account or other qualified tuition program under Section 529 of the Internal Revenue Code (26 U.S.C. 529)
33 [December 3, 2002] balance and investment earnings. Notice of any proposed amendments to the rules and regulations shall be provided to all participants prior to adoption. Amendments to rules and regulations shall apply only to contributions made after the adoption of the amendment. Upon creating the College Savings Pool, the State Treasurer shall give bond with 2 or more sufficient sureties, payable to and for the benefit of the participants in the College Savings Pool, in the penal sum of $1,000,000, conditioned upon the faithful discharge of his or her duties in relation to the College Savings Pool. No contributions to the College Savings Pool authorized by this Section shall be considered in evaluating the financial situation of the designated beneficiary or be deemed a financial resource of or a form of financial aid or assistance to the designated beneficiary, for purposes of determining eligibility for any scholarship, grant, or monetary assistance awarded by the Illinois Student Assistance Commission, the State, or any agency thereof; nor shall contributions to the College Savings Pool reduce the amount of any scholarship, grant, or monetary assistance that the designated beneficiary is eligible to be awarded by the Illinois Student Assistance Commission, the State, or any agency thereof in accordance with the provisions of any State law. (Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 92-16, eff. 6-28-01; 92-439, eff. 8-17-01; 92-626, eff. 7-11-02.) Section 10. The Illinois Income Tax Act is amended by changing Section 203 as follows: (35 ILCS 5/203) (from Ch. 120, par. 2-203) Sec. 203. Base income defined. (a) Individuals. (1) In general. In the case of an individual, base income means an amount equal to the taxpayer's adjusted gross income for the taxable year as modified by paragraph (2). (2) Modifications. The adjusted gross 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 adjusted gross income, except stock dividends of qualified public utilities described in Section 305(e) of the Internal Revenue Code; (B) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of adjusted gross income for the taxable year; (C) An amount equal to the amount received during the taxable year as a recovery or refund of real property taxes paid with respect to the taxpayer's principal residence under the Revenue Act of 1939 and for which a deduction was previously taken under subparagraph (L) of this paragraph (2) prior to July 1, 1991, the retrospective application date of Article 4 of Public Act 87-17. In the case of multi-unit or multi-use structures and farm dwellings, the taxes on the taxpayer's principal residence shall be that portion of the total taxes for the entire property which is attributable to such principal residence; (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 adjusted gross income; (D-5) An amount, to the extent not included in adjusted gross income, equal to the amount of money withdrawn by the taxpayer in the taxable year from a medical care savings account and the interest earned on the account in the taxable year of a withdrawal pursuant to subsection (b) of Section 20 of the Medical Care Savings Account Act or subsection (b) of Section 20 of the Medical Care Savings Account Act of 2000; (D-10) For taxable years ending after December 31, 1997,
[December 3, 2002] 34 an amount equal to any eligible remediation costs that the individual deducted in computing adjusted gross income and for which the individual claims a credit under subsection (l) of Section 201; (D-15) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on the taxpayer's federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code;
35 [December 3, 2002] (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 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;
[December 3, 2002] 36 (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; (X) 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.
37 [December 3, 2002] 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; (Y) For taxable years beginning on or after January 1, 2002 and ending on or before December 31, 2002, moneys contributed in the taxable year to a College Savings Pool account under Section 16.5 of the State Treasurer Act, except that amounts excluded from gross income under Section 529(c)(3)(C)(i) of the Internal Revenue Code shall not be considered moneys contributed under this subparagraph (Y). For taxable years ending after December 31, 2002, moneys contributed to a College Savings Pool account under Section 16.5 of the State Treasurer Act, to the Illinois Prepaid Tuition Trust Fund under the Illinois Prepaid Tuition Act, or to any other qualified tuition program under Section 529 of the Internal Revenue Code, except that amounts rolled over into a program under Section 529(c)(3)(C)(i) of the Internal Revenue Code shall not be considered moneys contributed under this subparagraph (Y). This subparagraph (Y) is exempt from the provisions of Section 250; (Z) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) is taken on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where: (1) "y" equals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) was taken in any year under subsection (k) of Section 168 of the Internal Revenue Code, but not including the bonus depreciation deduction; and (2) "x" equals "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429). The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on that property on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code;
[December 3, 2002] 38 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 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; (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; (E-10) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on the taxpayer's federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code; and (E-11) If the taxpayer reports a capital gain or loss on the taxpayer's federal income tax return for the taxable year based on a sale or transfer of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (E-10), then an amount equal to the aggregate amount of the deductions taken in all taxable
39 [December 3, 2002] years under subparagraph (T) with respect to that property.
[December 3, 2002] 40 (M-1) For any taxpayer that is a financial organization 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 High Impact Business Investment Credit. To determine the portion of a loan or loans that is secured by property eligible for a Section 201(h) investment credit to the borrower, the entire principal amount of the loan or loans between the taxpayer and the borrower should be divided into the basis of the Section 201(h) investment credit property which secures the loan or loans, using for this purpose the original basis of such property on the date that it was placed in service in a federally designated Foreign Trade Zone or Sub-Zone located in Illinois. No taxpayer that is eligible for the deduction provided in subparagraph (M) of paragraph (2) of this subsection shall be eligible for the deduction provided under this subparagraph (M-1). The subtraction modification available to taxpayers in any year under this subsection shall be that portion of the total interest paid by the borrower with respect to such loan attributable to the eligible property as calculated under the previous sentence; (N) Two times any contribution made during the taxable year to a designated zone organization to the extent that the contribution (i) qualifies as a charitable contribution under subsection (c) of Section 170 of the Internal Revenue Code and (ii) must, by its terms, be used for a project approved by the Department of Commerce and Community Affairs under Section 11 of the Illinois Enterprise Zone Act; (O) An amount equal to: (i) 85% for taxable years ending on or before December 31, 1992, or, a percentage equal to the percentage allowable under Section 243(a)(1) of the Internal Revenue Code of 1986 for taxable years ending after December 31, 1992, of the amount by which dividends included in taxable income and received from a corporation that is not created or organized under the laws of the United States or any state or political subdivision thereof, including, for taxable years ending on or after December 31, 1988, dividends received or deemed received or paid or deemed paid under Sections 951 through 964 of the Internal Revenue Code, exceed the amount of the modification provided under subparagraph (G) of paragraph (2) of this subsection (b) which is related to such dividends; plus (ii) 100% of the amount by which dividends, included in taxable income and received, including, for taxable years ending on or after December 31, 1988, dividends received or deemed received or paid or deemed paid under Sections 951 through 964 of the Internal Revenue Code, from any such corporation specified in clause (i) that would but for the provisions of Section 1504 (b) (3) of the Internal Revenue 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
41 [December 3, 2002] 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; (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; (T) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) is taken on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where: (1) "y" equals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) was taken in any year under subsection (k) of Section 168 of the Internal Revenue Code, but not including the bonus depreciation deduction; and (2) "x" equals "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429). The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on that property on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code; and (U) If the taxpayer reports a capital gain or loss on the taxpayer's federal income tax return for the taxable year based on a sale or transfer of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (E-10), then an amount equal to that addition modification. The taxpayer is allowed to take the deduction under this subparagraph only once with respect to any one piece of property. (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;
[December 3, 2002] 42 (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: (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; (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; (G-10) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on the taxpayer's federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code; and (G-11) If the taxpayer reports a capital gain or loss on the taxpayer's federal income tax return for the taxable year based on a sale or transfer of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (G-10), then an amount equal to the aggregate amount of the deductions taken in all taxable years under subparagraph (R) with respect to that property.
43 [December 3, 2002] 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) 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; (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
[December 3, 2002] 44 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; (R) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) is taken on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where: (1) "y" equals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) was taken in any year under subsection (k) of Section 168 of the Internal Revenue Code, but not including the bonus depreciation deduction; and (2) "x" equals "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429). The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on that property on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code; and (S) If the taxpayer reports a capital gain or loss on the taxpayer's federal income tax return for the taxable year based on a sale or transfer of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (G-10), then an amount equal to that addition modification. The taxpayer is allowed to take the deduction under this subparagraph only once with respect to any one piece of property. (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 following amounts:
45 [December 3, 2002] (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; (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; (D-5) For taxable years 2001 and thereafter, an amount equal to the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on the taxpayer's federal income tax return for the taxable year under subsection (k) of Section 168 of the Internal Revenue Code; and (D-6) If the taxpayer reports a capital gain or loss on the taxpayer's federal income tax return for the taxable year based on a sale or transfer of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (D-5), then an amount equal to the aggregate amount of the deductions taken in all taxable years under subparagraph (O) with respect to that property.
[December 3, 2002] 46 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 in an Enterprise Zone or Zones; (L) An amount equal to any contribution made to a job training project established pursuant to the Real Property Tax Increment Allocation Redevelopment Act; (M) 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 (M); (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; (O) For taxable years 2001 and thereafter, for the taxable year in which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) is taken on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code and for each applicable taxable year thereafter, an amount equal to "x", where: (1) "y" equals the amount of the depreciation deduction taken for the taxable year on the taxpayer's federal income tax return on property for which the bonus depreciation deduction (30% of the adjusted basis of the qualified property) was taken in any year under subsection (k) of Section 168 of the Internal Revenue Code, but not including the bonus depreciation deduction; and (2) "x" equals "y" multiplied by 30 and then divided by 70 (or "y" multiplied by 0.429). The aggregate amount deducted under this subparagraph in all taxable years for any one piece of property may not exceed the amount of the bonus depreciation deduction (30% of the adjusted basis of the qualified property) taken on that property on the taxpayer's federal income tax return under subsection (k) of Section 168 of the Internal Revenue Code; and (P) If the taxpayer reports a capital gain or loss on the taxpayer's federal income tax return for the taxable year based on a sale or transfer of property for which the taxpayer was required in any taxable year to make an addition modification under subparagraph (D-5), then an amount equal to that addition modification. The taxpayer is allowed to take the deduction under this subparagraph only once with respect to any one piece of property. (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
47 [December 3, 2002] 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 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
[December 3, 2002] 48 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. (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. 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; 92-16, eff. 6-28-01; 92-244, eff. 8-3-01; 92-439, eff. 8-17-01; 92-603, eff. 6-28-02; 92-626, eff. 7-11-02; 92-651, eff. 7-11-02; 92-846, eff. 8-23-02; revised 11-15-02.) Section 99. Effective date. This Act takes effect upon becoming
49 [December 3, 2002] 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 BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative O'Brien, SENATE BILL 729 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: 103, Yeas; 9, Nays; 0, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS HOUSE RESOLUTION 1078 was taken up for consideration. Representative Poe moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. VETO MOTIONS SUBMITTED Pursuant to the Motion submitted previously, Representative Bost moved that the House concur with the Senate in the passage of SENATE BILL 2155, the Governor's Specific Recommendations for Change notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 78, Yeas; 31, Nays; 2, Answering Present. (ROLL CALL 3) The motion, having received the votes of three-fifths of the Members elected, prevailed and the House concurred with the Senate in the passage of the bill, the Governor's Specific Recommendations for Change notwithstanding. Ordered that the clerk inform the Senate. Pursuant to the Motion submitted previously, Representative HOffman moved that the House concur with the Senate in the acceptance of the Governor's Specific Recommendations for Change to SENATE BILL 1657, by adoption of the following amendment: AMENDMENT TO SENATE BILL 1657 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1657 on page 8, by replacing lines 7 and 8 with "within the limits of a construction project."; and on page 9, by replacing lines 33 and 34 with "are within the limits of a construction project.". And on that motion, a vote was taken resulting as follows: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) The motion, having received the votes of a constitutional majority of the Members elected, prevailed and the House concurred with the Senate in the adoption of the Governor's Specific Recommendations for Change. Ordered that the Clerk inform the Senate.
[December 3, 2002] 50 SENATE BILLS ON FIRST READING Having been printed, the following bill was taken up, read by title a first time and placed in the Committee on Rules: SENATE BILL 2424. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Garrett moved that the House concur with the Senate in the passage of SENATE BILL 2160, the Veto of the Governor notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 54, Yeas; 55, Nays; 2, Answering Present. (ROLL CALL 5) VERIFIED ROLL CALL Having failed to receive the votes of three-fifths of the Members elected, the motion was declared lost. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 912. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 912 AMENDMENT NO. 1. Amend Senate Bill 912 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by adding Section 2-3.131 as follows: (105 ILCS 5/2-3.131 new) Sec. 2-3.131. Character education; survey.". 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. ACTION ON MOTIONS Representative Mautino asked and obtained unanimous consent to suspend the posting requirements on SENATE BILL 2424 to be heard in the Committee on Constitutional Officers tomorrow. RESOLUTIONS HOUSE RESOLUTIONS 1103, 1104, 1105, 1106, 1107 and 1109 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. At the hour of 4:01 o'clock p.m., Representative Currie moved that the House do now adjourn until Wednesday, December 4, 2002, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.
51 [December 3, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE DEC 03, 2002 0 YEAS 0 NAYS 112 PRESENT P ACEVEDO P DURKIN P LAWFER P PARKE P BASSI P ERWIN P LEITCH P POE P BEAUBIEN P FEIGENHOLTZ P LINDNER P REITZ P BELLOCK P FLOWERS P LYONS,EILEEN P RIGHTER P BERNS P FORBY P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FOWLER P MARQUARDT P RYAN P BLACK P FRANKS P MATHIAS P SAVIANO P BOLAND P FRITCHEY P MAUTINO P SCHMITZ P BOST P GARRETT P MAY P SCHOENBERG E BRADLEY P GILES P McAULIFFE P SCULLY P BRADY P GRANBERG E McCARTHY P SIMPSON P BROSNAHAN P HAMOS P McGUIRE P SLONE P BRUNSVOLD P HANNIG P McKEON P SMITH P BUGIELSKI P HARTKE P MENDOZA P SOMMER P BURKE P HASSERT P MEYER P SOTO P CAPPARELLI E HOEFT P MILLER E STEPHENS P COLLINS P HOFFMAN P MITCHELL,BILL P TENHOUSE E COLVIN P HOLBROOK P MITCHELL,JERRY P TURNER P COULSON P HOWARD P MOFFITT P WAIT P COWLISHAW P HULTGREN P MORROW P WATSON P CROSS P JEFFERSON P MULLIGAN P WINKEL P CROTTY P JOHNSON P MURPHY P WINTERS P CURRIE P JONES,JOHN P MYERS P WIRSING P CURRY P JONES,LOU P NOVAK P WOJCIK P DANIELS E KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DUNKIN P LANG E - Denotes Excused Absence
[December 3, 2002] 52 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 729 INC TAX-ALTERNATE R & D CREDIT THIRD READING PASSED DEC 03, 2002 103 YEAS 9 NAYS 0 PRESENT Y ACEVEDO N DURKIN N LAWFER Y PARKE Y BASSI Y ERWIN Y LEITCH Y POE Y BEAUBIEN Y FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS Y LYONS,EILEEN Y RIGHTER Y BERNS Y FORBY Y LYONS,JOSEPH N RUTHERFORD N BIGGINS Y FOWLER Y MARQUARDT Y RYAN Y BLACK Y FRANKS Y MATHIAS N SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO Y SCHMITZ Y BOST Y GARRETT Y MAY Y SCHOENBERG E BRADLEY Y GILES N McAULIFFE Y SCULLY Y BRADY Y GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA Y SOMMER Y BURKE Y HASSERT N MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER E STEPHENS Y COLLINS Y HOFFMAN Y MITCHELL,BILL Y TENHOUSE E COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER Y COULSON Y HOWARD Y MOFFITT Y WAIT Y COWLISHAW Y HULTGREN Y MORROW Y WATSON Y CROSS Y JEFFERSON Y MULLIGAN Y WINKEL Y CROTTY Y JOHNSON Y MURPHY Y WINTERS Y CURRIE Y JONES,JOHN Y MYERS Y WIRSING Y CURRY Y JONES,LOU Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER N O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
53 [December 3, 2002] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2155 PREMISES LIABILITY ACT OVERRIDE AMENDATORY VETO PREVAILED THREE-FIFTHS VOTE REQUIRED DEC 03, 2002 78 YEAS 31 NAYS 2 PRESENT Y ACEVEDO Y DURKIN Y LAWFER Y PARKE Y BASSI N ERWIN N LEITCH Y POE Y BEAUBIEN N FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS N LYONS,EILEEN Y RIGHTER Y BERNS Y FORBY Y LYONS,JOSEPH Y RUTHERFORD N BIGGINS Y FOWLER Y MARQUARDT Y RYAN Y BLACK Y FRANKS Y MATHIAS Y SAVIANO Y BOLAND N FRITCHEY Y MAUTINO Y SCHMITZ Y BOST N GARRETT N MAY N SCHOENBERG E BRADLEY Y GILES Y McAULIFFE Y SCULLY Y BRADY Y GRANBERG E McCARTHY N SIMPSON N BROSNAHAN N HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG N McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA Y SOMMER N BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER E STEPHENS N COLLINS Y HOFFMAN N MITCHELL,BILL Y TENHOUSE E COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER N COULSON N HOWARD Y MOFFITT Y WAIT N COWLISHAW Y HULTGREN N MORROW Y WATSON Y CROSS N JEFFERSON N MULLIGAN N WINKEL Y CROTTY Y JOHNSON Y MURPHY Y WINTERS N CURRIE Y JONES,JOHN Y MYERS Y WIRSING Y CURRY Y JONES,LOU Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART N KLINGLER Y O'CONNOR N YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND N YOUNGE Y DAVIS,STEVE N KRAUSE N OSTERMAN A ZICKUS Y DELGADO N KURTZ Y PANKAU P MR. SPEAKER P DUNKIN N LANG E - Denotes Excused Absence
[December 3, 2002] 54 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1657 VEH CD-BLUE-WHITE LIGHT-RESCUE ACCEPT AMENDATORY VETO PREVAILED DEC 03, 2002 112 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y DURKIN Y LAWFER Y PARKE Y BASSI Y ERWIN Y LEITCH Y POE Y BEAUBIEN Y FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS Y LYONS,EILEEN Y RIGHTER Y BERNS Y FORBY Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FOWLER Y MARQUARDT Y RYAN Y BLACK Y FRANKS Y MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO Y SCHMITZ Y BOST Y GARRETT Y MAY Y SCHOENBERG E BRADLEY Y GILES Y McAULIFFE Y SCULLY Y BRADY Y GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA Y SOMMER Y BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER E STEPHENS Y COLLINS Y HOFFMAN Y MITCHELL,BILL Y TENHOUSE E COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER Y COULSON Y HOWARD Y MOFFITT Y WAIT Y COWLISHAW Y HULTGREN Y MORROW Y WATSON Y CROSS Y JEFFERSON Y MULLIGAN Y WINKEL Y CROTTY Y JOHNSON Y MURPHY Y WINTERS Y CURRIE Y JONES,JOHN Y MYERS Y WIRSING Y CURRY Y JONES,LOU Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
55 [December 3, 2002] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2160 CONSUMER FRAUD-MAIL-DISCLOSURE OVERRIDE TOTAL VETO LOST THREE-FIFTHS VOTE REQUIRED DEC 03, 2002 54 YEAS 55 NAYS 2 PRESENT Y ACEVEDO N DURKIN N LAWFER P PARKE N BASSI Y ERWIN N LEITCH N POE N BEAUBIEN Y FEIGENHOLTZ N LINDNER Y REITZ N BELLOCK N FLOWERS N LYONS,EILEEN N RIGHTER N BERNS Y FORBY Y LYONS,JOSEPH N RUTHERFORD N BIGGINS Y FOWLER N MARQUARDT Y RYAN N BLACK Y FRANKS Y MATHIAS N SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO N SCHMITZ N BOST Y GARRETT Y MAY Y SCHOENBERG E BRADLEY Y GILES N McAULIFFE Y SCULLY N BRADY N GRANBERG E McCARTHY N SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH A BUGIELSKI Y HARTKE Y MENDOZA N SOMMER Y BURKE N HASSERT N MEYER Y SOTO P CAPPARELLI E HOEFT N MILLER E STEPHENS Y COLLINS Y HOFFMAN N MITCHELL,BILL N TENHOUSE E COLVIN Y HOLBROOK N MITCHELL,JERRY Y TURNER Y COULSON Y HOWARD N MOFFITT N WAIT N COWLISHAW N HULTGREN N MORROW N WATSON N CROSS N JEFFERSON Y MULLIGAN N WINKEL Y CROTTY N JOHNSON Y MURPHY N WINTERS Y CURRIE N JONES,JOHN N MYERS N WIRSING Y CURRY Y JONES,LOU N NOVAK N WOJCIK N DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART N KLINGLER N O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO N KURTZ N PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence