STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
118TH LEGISLATIVE DAY
FRIDAY, APRIL 7, 2000
10:00 0'CLOCK A.M.
NO. 118
[April 7, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 118th Legislative Day Action Page(s) Adjournment........................................ 315 Balanced Budget Note Requested..................... 6 Correctional Budget And Impact Note Supplied....... 7 Fiscal Note Requested.............................. 6 Home Rule Note Requested........................... 6 Home Rule Notes Supplied........................... 6 Judicial Note Requested............................ 7 Land Conveyance Appraisal Note Requested........... 7 Letter of Transmittal.............................. 4 Pension Impact Note Requested...................... 7 Quorum Roll Call................................... 4 Re-referred to the Committee on Rules.............. 5 State Debt Impact Note Requested................... 7 State Mandate Note Requested....................... 6 State Mandate Note Supplied........................ 6 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0390 Senate Message - Passage w/ SA..................... 14 HB 0730 Senate Message - Passage w/ SA..................... 15 HB 0739 Senate Message - Passage w/ SA..................... 144 HB 0840 Senate Message - Passage w/ SA..................... 25 HB 0861 Senate Message - Passage w/ SA..................... 147 HB 1534 Senate Message - Passage w/ SA..................... 215 HB 1785 Senate Message - Passage w/ SA..................... 26 HB 1841 Motion Submitted................................... 6 HB 1841 Senate Message - Passage w/ SA..................... 83 HB 1853 Senate Message - Passage w/ SA..................... 216 HB 1854 Senate Message - Passage w/ SA..................... 216 HB 1992 Senate Message - Passage w/ SA..................... 15 HB 2261 Senate Message - Passage w/ SA..................... 29 HB 2884 Senate Message - Passage w/ SA..................... 220 HB 2980 Senate Message - Passage w/ SA..................... 99 HB 2991 Senate Message - Passage w/ SA..................... 101 HB 2997 Senate Message - Passage w/ SA..................... 16 HB 3082 Senate Message - Passage w/ SA..................... 101 HB 3093 Senate Message - Passage w/ SA..................... 103 HB 3455 Senate Message - Passage w/ SA..................... 107 HB 3457 Senate Message - Passage w/ SA..................... 106 HB 3465 Senate Message - Passage w/ SA..................... 107 HB 3476 Senate Message - Passage w/ SA..................... 111 HB 3588 Senate Message - Passage w/ SA..................... 116 HB 3621 Senate Message - Passage w/ SA..................... 117 HB 3756 Senate Message - Passage w/ SA..................... 118 HB 3928 Senate Message - Passage w/ SA..................... 120 HB 3929 Senate Message - Passage w/ SA..................... 120 HB 4022 Senate Message - Passage w/ SA..................... 220 HB 4045 Senate Message - Passage w/ SA..................... 121 HB 4124 Senate Message - Passage w/ SA..................... 124 HB 4176 Motion Submitted................................... 6 HB 4176 Senate Message - Passage w/ SA..................... 126 HB 4228 Senate Message - Passage w/ SA..................... 131 HB 4396 Senate Message - Passage w/ SA..................... 135 HB 4431 Senate Message - Passage w/ SA..................... 20 SB 0677 Committee Report-Floor Amendment/s................. 221 SB 0730 Third Reading...................................... 221
3 [April 7, 2000] Bill Number Legislative Action Page(s) SB 0747 Third Reading...................................... 222 SB 0807 Second Reading - Amendment/s....................... 224 SB 1249 Third Reading...................................... 222 SB 1281 Recall............................................. 224 SB 1281 Second Reading..................................... 222 SB 1296 Second Reading - Amendment/s....................... 313 SB 1296 Third Reading...................................... 314 SB 1307 Third Reading...................................... 223 SB 1330 Second Reading..................................... 245 SB 1377 Third Reading...................................... 224 SB 1404 Third Reading...................................... 222 SB 1425 Third Reading...................................... 223 SB 1426 Third Reading...................................... 221 SB 1439 Motion Submitted................................... 6 SB 1451 Third Reading...................................... 223 SB 1453 Third Reading...................................... 223 SB 1513 Second Reading - Amendment/s....................... 245 SB 1541 Third Reading...................................... 223 SB 1629 Third Reading...................................... 313 SB 1660 Third Reading...................................... 224 SB 1690 Third Reading...................................... 222 SB 1707 Committee Report-Floor Amendment/s................. 221 SB 1707 Second Reading - Amendment/s....................... 245 SB 1780 Third Reading...................................... 221 SB 1851 Third Reading...................................... 222 SB 1871 Third Reading...................................... 223 SB 1881 Second Reading - Amendment/s....................... 237 SJR 0018 Senate Message..................................... 21
[April 7, 2000] 4 The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by Pastor Jim McGuire of the Living Way Church in New Lenox, Illinois. Representative Bellock led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 117 present. (ROLL CALL 1) By unanimous consent, Representative Ryder was excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Winters replaced Representative Krause in the Committee on Elementary & Secondary Education on April 5, 2000. Representative Osmond replaced Representative Cross in the Committee on Revenue on April 4, 2000. Representative John Turner replaced Representative Cross in the Committee on Revenue on April 5, 2000. Representative Osmond replaced Representative Klingler in the Committee on Registration & Regulation on April 5, 2000. Representative Mathias replaced Representative Beaubien in the Committee on Constitutional Officers on April 5, 2000. Representative Stroger replaced Representative Scott, and Representative McCarthy replaced Representative Mautino in the Committee on Local Government on April 5, 2000. Representative Crotty replaced Representative Hamos in the Committee on Judiciary I-Civil Law on April 5, 2000. Representative Hoffman replaced Representative Crotty in the Committee on Constitutional Officers on April 5, 2000. Representative Scott replaced Representative Smith in the Committee on Judiciary II-Criminal Law on April 5, 2000. Representative Joseph Lyons replaced Representative Pugh in the Committee on Revenue on April 5, 2000. Representative Hoffman will replace Representative Art Turner in the Committee on Revenue for today only. Representative Lyons replaced Representative Scott in the Committee on Election Utility Deregulation on April 6, 2000. Representative Hannig replaced Representative McCarthy in the Committee on Elections & Campaign Reform on April 6, 2000. Representative Hamos replaced Representative Kenner, Representative Joseph Lyons replaced Representative Flowers and Representative Hannig replaced Representative Pugh, in the Committee on Human Services on April 6, 2000. Representative Joseph Lyons replaced Representative Sharp in the Committee on Human Services on April 7, 2000. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield IL 62706 Dear Mr. Clerk:
5 [April 7, 2000] Please be advised that I have extended the Third Reading Deadline to April 14, 2000 for the following Senate Bills: SENATE BILLS 121, 334, 385, 649, 807, 1003, 1007, 1046, 1231, 1281, 1298, 1321, 1330, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1389, 1391, 1393, 1397, 1400, 1440, 1444, 1503, 1507, 1513, 1514, 1524, 1537, 1559, 1577, 1620, 1627, 1636, 1645, 1647, 1680, 1693, 1707, 1828, 1829, 1853, 1855, 1860, 1881 and 1899. If you have questions, please contact my Chief of Staff. With kindest personal regards, I remain Sincerely, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Committee and the Third Reading Deadlines to April 14, 2000 for Senate Bill 1278. If you have any questions, please contact my Chief of Staff Tim Mapes. With kindest personal regards, I remain Sincerely, s/Michael J. Madigan Speaker of the House ILLINOIS HOUSE OF REPRESENTATIVES DAVID WINTERS STATE REPRESENTATIVE 69TH DISTRICT April 27, 2000 Tony Rossi Clerk of the House of Representatives Room 402 State House Springfield, IL 62706 Dear Mr. Rossi: I was temporarily out of the House Chambers when a verification vote was taken on SB 747. I was recorded as absent. I wish to be recorded as a no vote. Thank you for your assistance in this matter. Sincerely, s/DAVE WINTERS STATE REPRENSENTATIVE RE-REFERRED TO THE COMMITTEE ON RULES
[April 7, 2000] 6 The following bills were re-referred to the Committee on Rules pursuant to Rule 19(a): SENATE BILLS 677, 1295, 1303, 1310, 1428, 1477, 1652, 1659, 1733, 1852, 1923 and 1929. MOTIONS SUBMITTED Representative Stephens submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 18(g), I move to discharge the Committee on Rules from further consideration of SENATE BILL 1439 and advance to the order of Second Reading - Standard Debate. JOINT ACTION MOTIONS SUBMITTED Representative Hultgren submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 4176. Representative Saviano submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 4 to HOUSE BILL 1841. REQUEST FOR FISCAL NOTE Representative Wirsing requested that a Fiscal Note be supplied for SENATE BILL 1444, as amended. Representative Giglio requested that a Fiscal Note be supplied for SENATE BILL 1852, as amended. REQUEST FOR HOME RULE NOTE Representative Giglio requested that a Home Rule Note be supplied for SENATE BILL 1852, as amended. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for SENATE BILLS 1541, as amended and 1577, as amended. REQUEST FOR STATE MANDATE NOTE Representative Giglio requested that a State Mandate Note be supplied for SENATE BILL 1852, as amended. STATE MANDATE NOTE SUPPLIED A State Mandate Note has been supplied for SENATE BILL 807, as amended. REQUEST FOR BALANCED BUDGET NOTE
7 [April 7, 2000] Representative Giglio requested that a Balanced Budget Note be supplied for SENATE BILL 1852, as amended. REQUEST FOR JUDICIAL NOTE Representative Giglio requested that a Judicial Note be supplied for SENATE BILL 1852, as amended. REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE Representative Giglio requested that a Land Conveyance Appraisal Note be supplied for SENATE BILL 1852, as amended. REQUEST FOR PENSION IMPACT NOTE Representative Giglio requested that a Pension Impact Note be supplied for SENATE BILL 1852, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Giglio requested that a State Debt Impact Note be supplied for SENATE BILL 1852, as amended. CORRECTIONAL BUDGET AND IMPACT NOTE SUPPLIED A Correctional Budget And Impact Note has been supplied for SENATE BILL 1393. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 390 A bill for AN ACT to amend the Illinois Municipal Code by changing Section 2-3-5 and the Division 96 heading and adding Section 11-96-5. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 390. Senate Amendment No. 2 to HOUSE BILL NO. 390. Passed the Senate, as amended, April 6, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 390 by replacing the title with the following: "AN ACT concerning criminal background investigations."; and by replacing everything after the enacting clause with the following: "Section 5. The Park District Code is amended by adding Section
[April 7, 2000] 8 8-23 as follows: (70 ILCS 1205/8-23 new) Sec. 8-23. Criminal background investigations. (a) An applicant for employment with a park district is required as a condition of employment to authorize an investigation to determine if the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or has been convicted, within 7 years of the application for employment with the park district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the investigation shall be furnished by the applicant to the park district. Upon receipt of this authorization, the park district shall submit the applicant's name, sex, race, date of birth, and social security number to the Department of State Police on forms prescribed by the Department of State Police. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or has been convicted, within 7 years of the application for employment with the park district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department of State Police shall charge the park district a fee for conducting the investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. The applicant shall not be charged a fee by the park district for the investigation. (b) The Department of State Police shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the park district. Any information concerning the record of convictions obtained by the president shall be confidential and may only be transmitted to those persons who are necessary to the decision on whether to hire the applicant for employment. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment. Any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) No park district shall knowingly employ a person who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder, a Class X felony, or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, no park district shall knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. No park district shall knowingly employ a person for whom a criminal background investigation has not been initiated. Section 10. The Chicago Park District Act is amended by adding Section 16a-5 as follows: (70 ILCS 1505/16a-5 new) Sec. 16a-5. Criminal background investigations. (a) An applicant for employment with the Chicago Park District is required as a condition of employment to authorize an investigation to determine if the applicant has been convicted of any of the enumerated
9 [April 7, 2000] criminal or drug offenses in subsection (c) of this Section or has been convicted, within 7 years of the application for employment with the Chicago Park District, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the investigation shall be furnished by the applicant to the Chicago Park District. Upon receipt of this authorization, the Chicago Park District shall submit the applicant's name, sex, race, date of birth, and social security number to the Department of State Police on forms prescribed by the Department of State Police. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or has been convicted, within 7 years of the application for employment with the Chicago Park District, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department of State Police shall charge the Chicago Park District a fee for conducting the investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. The applicant shall not be charged a fee by the Chicago Park District for the investigation. (b) The Department of State Police shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the Chicago Park District. Any information concerning the record of convictions obtained by the president shall be confidential and may only be transmitted to those persons who are necessary to the decision on whether to hire the applicant for employment. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment. Any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) The Chicago Park District may not knowingly employ a person who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder, a Class X felony, or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, the Chicago Park District may not knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. The Chicago Park District may not knowingly employ a person for whom a criminal background investigation has not been initiated. Section 15. The School Code is amended by changing Sections 10-21.9 and 34-18.5 as follows: (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) Sec. 10-21.9. Criminal background investigations. (a) After August 1, 1985, certified and noncertified applicants for employment with a school district, except school bus driver applicants, are required as a condition of employment to authorize an investigation to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district, of any other felony under the
[April 7, 2000] 10 laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the investigation shall be furnished by the applicant to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the investigation to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's name, sex, race, date of birth and social security number to the Department of State Police on forms prescribed by the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the investigation of the applicant has been requested. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the school board for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the school board or the regional superintendent shall be confidential and may only be transmitted to the superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the school district, the presidents of the appropriate school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of
11 [April 7, 2000] any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute teacher in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) No school board shall knowingly employ a person who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the "Criminal Code of 1961"; (ii) those defined in the "Cannabis Control Act" except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the "Illinois Controlled Substances Act"; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, no school board shall knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) No school board shall knowingly employ a person for whom a criminal background investigation has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the appropriate regional superintendent of schools or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
[April 7, 2000] 12 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) Sec. 34-18.5. Criminal background investigations. (a) After August 1, 1985, certified and noncertified applicants for employment with the school district are required as a condition of employment to authorize an investigation to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the investigation shall be furnished by the applicant to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, or a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the investigation to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's name, sex, race, date of birth and social security number to the Department of State Police on forms prescribed by the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the investigation of the applicant has been requested. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the board of education for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the board of education or the regional superintendent shall be confidential and may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the board of education for the school district, the presidents of the appropriate board of education or school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment. A copy of the record
13 [April 7, 2000] of convictions obtained from the Department of State Police shall be provided to the applicant for employment. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) The board of education shall not knowingly employ a person who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, the board of education shall not knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) The board of education shall not knowingly employ a person for whom a criminal background investigation has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the board of education or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After March 19, 1990, the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent
[April 7, 2000] 14 of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 390, AS AMENDED with page and line reference to Senate Amendment No. 1, on page 4, lines 31 and 33, by replacing "president" each time it appears with "General Superintendent and Chief Executive Officer". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 390 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 730 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 3-6. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 730. Senate Amendment No. 2 to HOUSE BILL NO. 730. Passed the Senate, as amended, April 6, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 730 by replacing the title with the following: "AN ACT to amend the Criminal Code of 1961 by adding Section 31-5.5."; and by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by adding Section 31-5.5 as follows: (720 ILCS 5/31-5.5 new) Sec. 31-5.5. Notification to peace officer of the commission of certain sex offenses at carnivals and fairs. (a) An official or employee of an operator of an amusement attraction, carnival, fair, or other place where amusement rides are present who knows or reasonably should know that an employee of the operator of the amusement attraction, carnival, fair, or other place where amusement rides are present has committed an unlawful sex act against a child on the premises of the amusement attraction, carnival, fair, or other place where amusement rides are present shall immediately notify local law enforcement officials of the occurrence of
15 [April 7, 2000] the unlawful sex act against a child. (b) Sentence. Failure to provide the notification to a peace officer as required in subsection (a) is a Class A misdemeanor. (c) Definitions. For purpose of this Section: (1) "Amusement attraction", "carnival", "fair", and "operator" have the meanings ascribed to them in Section 2-2 of the Carnival and Amusement Rides Safety Act; (2) "Child" meaning a person under 18 years of age; (3) "Unlawful sex act against a child" means an offense described in Article 11 or Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 in which the victim, at the time of the commission of the offense, is under 18 years of age.". AMENDMENT NO. 2. Amend House Bill 730, AS AMENDED, with page and line number references to Senate Amendment No. 1, on page 1, lines 15 and 16, by deleting "or reasonably should know". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 730 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1992 A bill for AN ACT to amend the State Finance Act by changing Section 1.1. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1992. Passed the Senate, as amended, April 6, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1992 on page 1, by inserting below line 10 the following: "Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1992 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2997 A bill for AN ACT to amend the Code of Civil Procedure by changing Sections 12-910 and 12-911.
[April 7, 2000] 16 Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2997. Senate Amendment No. 2 to HOUSE BILL NO. 2997. Passed the Senate, as amended, April 6, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2997 on page 1, line 13, by replacing "judgement" with "judgment"; and on page 2, line 19, by replacing "commissioners" with "
17 [April 7, 2000] However, this paragraph shall not require a resident to make a return if such person has an Illinois base income of the basic amount in Section 204(b) or less and is either claimed as a dependent on another person's tax return under the Internal Revenue Code of 1986, or is claimed as a dependent on another person's tax return under this Act. (b) Fiduciaries and receivers. (1) Decedents. If an individual is deceased, any return or notice required of such individual under this Act shall be made by his executor, administrator, or other person charged with the property of such decedent. (2) Individuals under a disability. If an individual is unable to make a return or notice required under this Act, the return or notice required of such individual shall be made by his duly authorized agent, guardian, fiduciary or other person charged with the care of the person or property of such individual. (3) Estates and trusts. Returns or notices required of an estate or a trust shall be made by the fiduciary thereof. (4) Receivers, trustees and assignees for corporations. In a case where a receiver, trustee in bankruptcy, or assignee, by order of a court of competent jurisdiction, by operation of law, or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the returns and notices required of such corporation in the same manner and form as corporations are required to make such returns and notices. (c) Joint returns by husband and wife. (1) Except as provided in paragraph (3), if a husband and wife file a joint federal income tax return for a taxable year they shall file a joint return under this Act for such taxable year and their liabilities shall be joint and several, but if the federal income tax liability of either spouse is determined on a separate federal income tax return, they shall file separate returns under this Act. (2) If neither spouse is required to file a federal income tax return and either or both are required to file a return under this Act, they may elect to file separate or joint returns and pursuant to such election their liabilities shall be separate or joint and several. (3) If either husband or wife is a resident and the other is a nonresident, they shall file separate returns in this State on such forms as may be required by the Department in which event their tax liabilities shall be separate; but they may elect to determine their joint net income and file a joint return as if both were residents and in such case, their liabilities shall be joint and several. (4) Innocent spouses. (A) However, for tax liabilities arising and paid prior to the effective date of this amendatory Act of the 91st General Assembly, an innocent spouse shall be relieved of liability for tax (including interest and penalties) for any taxable year for which a joint return has been made, upon submission of proof that the Internal Revenue Service has made a determination under Section 6013(e) of the Internal Revenue Code, for the same taxable year, which determination relieved the spouse from liability for federal income taxes. If there is no federal income tax liability at issue for the same taxable year, the Department shall rely on the provisions of Section 6013(e) to determine whether the person requesting innocent spouse abatement of tax, penalty, and interest is entitled to that relief. (B) For tax liabilities arising after the effective date of this amendatory Act of the 91st General Assembly or which arose prior to that effective date, but remain unpaid as of the effective date, if an individual who filed a joint return
[April 7, 2000] 18 for any taxable year has made an election under this paragraph, the individual's liability for any tax shown on the joint return shall not exceed the individual's separate return amount and the individual's liability for any deficiency assessed for that taxable year shall not exceed the portion of the deficiency properly allocable to the individual. For purposes of this paragraph: (i) An election properly made pursuant to Section 6015 of the Internal Revenue Code shall constitute an election under this paragraph, provided that the election shall not be effective until the individual has notified the Department of the election in the form and manner prescribed by the Department. (ii) If no election has been made under Section 6015, the individual may make an election under this paragraph in the form and manner prescribed by the Department, provided that no election may be made if the Department finds that assets were transferred between individuals filing a joint return as part of a scheme by such individuals to avoid payment of Illinois income tax and the election shall not eliminate the individual's liability for any portion of a deficiency attributable to an error on the return of which the individual had actual knowledge as of the date of filing. (iii) In determining the separate return amount or portion of any deficiency attributable to an individual, the Department shall follow the provisions in Section 6015(b) and (c) of the Internal Revenue Code. (iv) In determining the validity of an individual's election under subparagraph (ii) and in determining an electing individual's separate return amount or portion of any deficiency under subparagraph (iii), any determination made by the Secretary of the Treasury under Section 6015(a) of the Internal Revenue Code regarding criteria for eligibility or under Section 6015(b) or (c) of the Internal Revenue Code regarding the allocation of any item of income, deduction, payment, or credit between an individual making the federal election and that individual's spouse shall be conclusively presumed to be correct. With respect to any item that is not the subject of a determination by the Secretary of the Treasury, in any proceeding involving this subsection, the individual making the election shall have the burden of proof with respect to any item except that the Department shall have the burden of proof with respect to items in subdivision (ii). (v) Any election made by an individual under this subsection shall apply to all years for which that individual and the spouse named in the election have filed a joint return. (vi) After receiving a notice that the federal election has been made or after receiving an election under subdivision (ii), the Department shall take no collection action against the electing individual for any liability arising from a joint return covered by the election until the Department has notified the electing individual in writing that the election is invalid or of the portion of the liability the Department has allocated to the electing individual. Within 60 days (150 days if the individual is outside the United States) after the issuance of such notification, the individual may file a written protest of the denial of the election or of the Department's determination of the liability allocated to him or her and shall be granted a hearing within the Department under the provisions of Section 908. If a protest is filed, the Department shall take no collection
19 [April 7, 2000] action against the electing individual until the decision regarding the protest has become final under subsection (d) of Section 908 or, if administrative review of the Department's decision is requested under Section 1201, until the decision of the court becomes final. (d) Partnerships. Every partnership having any base income allocable to this State in accordance with section 305(c) shall retain information concerning all items of income, gain, loss and deduction; the names and addresses of all of the partners, or names and addresses of members of a limited liability company, or other persons who would be entitled to share in the base income of the partnership if distributed; the amount of the distributive share of each; and such other pertinent information as the Department may by forms or regulations prescribe. The partnership shall make that information available to the Department when requested by the Department. (e) For taxable years ending on or after December 31, 1985, and before December 31, 1993, taxpayers that are corporations (other than Subchapter S corporations) having the same taxable year and that are members of the same unitary business group may elect to be treated as one taxpayer for purposes of any original return, amended return which includes the same taxpayers of the unitary group which joined in the election to file the original return, extension, claim for refund, assessment, collection and payment and determination of the group's tax liability under this Act. This subsection (e) does not permit the election to be made for some, but not all, of the purposes enumerated above. For taxable years ending on or after December 31, 1987, corporate members (other than Subchapter S corporations) of the same unitary business group making this subsection (e) election are not required to have the same taxable year. For taxable years ending on or after December 31, 1993, taxpayers that are corporations (other than Subchapter S corporations) and that are members of the same unitary business group shall be treated as one taxpayer for purposes of any original return, amended return which includes the same taxpayers of the unitary group which joined in filing the original return, extension, claim for refund, assessment, collection and payment and determination of the group's tax liability under this Act. (f) The Department may promulgate regulations to permit nonresident individual partners of the same partnership, nonresident Subchapter S corporation shareholders of the same Subchapter S corporation, and nonresident individuals transacting an insurance business in Illinois under a Lloyds plan of operation, and nonresident individual members of the same limited liability company that is treated as a partnership under Section 1501 (a)(16) of this Act, to file composite individual income tax returns reflecting the composite income of such individuals allocable to Illinois and to make composite individual income tax payments. The Department may by regulation also permit such composite returns to include the income tax owed by Illinois residents attributable to their income from partnerships, Subchapter S corporations, insurance businesses organized under a Lloyds plan of operation, or limited liability companies that are treated as partnership under Section 1501 (a)(16) of this Act, in which case such Illinois residents will be permitted to claim credits on their individual returns for their shares of the composite tax payments. This paragraph of subsection (f) applies to taxable years ending on or after December 31, 1987. For taxable years ending on or after December 31, 1999, the Department may, by regulation, also permit any persons transacting an insurance business organized under a Lloyds plan of operation to file composite returns reflecting the income of such persons allocable to Illinois and the tax rates applicable to such persons under Section 201 and to make composite tax payments and shall, by regulation, also provide that the income and apportionment factors attributable to the transaction of an insurance business organized under a Lloyds plan of operation by any person joining in the filing of a composite return shall, for purposes of allocating and apportioning income under Article
[April 7, 2000] 20 3 of this Act and computing net income under Section 202 of this Act, be excluded from any other income and apportionment factors of that person or of any unitary business group, as defined in subdivision (a)(27) of Section 1501, to which that person may belong. (g) The Department may adopt rules to authorize the electronic filing of any return required to be filed under this Section. (Source: P.A. 90-613, eff. 7-9-98; 91-541, eff. 8-13-99.)"; and on page 67, by deleting lines 31 and 32, by deleting all of pages 68 through 145, and on page 146, by deleting lines 1 through 15. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4431 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT NO. 18 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article V of the Illinois Constitution by changing Sections 1, 3, 7, and 18 and by repealing Section 17 as follows: (ILCON Art. V, Sec. 1) SECTION 1. OFFICERS The Executive Branch shall include a Governor, Lieutenant Governor, Attorney General, Secretary of State, and State Financial Officer
21 [April 7, 2000] SECTION 18. STATE FINANCIAL OFFICER
[April 7, 2000] 22 Senate Amendment No. 2 to HOUSE BILL NO. 840. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 840 by replacing the title with the following: "AN ACT concerning local governments."; and by replacing everything after the enacting clause with the following: "Section 5. The Local Records Act is amended by changing Section 7 as follows: (50 ILCS 205/7) (from Ch. 116, par. 43.107) Sec. 7. Disposition rules. Except as otherwise provided by law, no public record shall be disposed of by any officer or agency unless the written approval of the appropriate Local Records Commission is first obtained. The Commission shall issue regulations which shall be binding on all such officers. Such regulations shall establish procedures for compiling and submitting to the Commission lists and schedules of public records proposed for disposal; procedures for the physical destruction or other disposition of such public records; and standards for the reproduction of such public records by photography, microphotographic processes, or digitized electronic format. Such standards shall relate to the quality of the film to be used, preparation of the public records for filming or electronic conversion, proper identification matter on such records so that an individual document or series of documents can be located on the film or digitized electronic form with reasonable facility, and that the copies contain all significant record detail, to the end that the copies will be adequate. Any public record may be reproduced in a digitized electronic format. Those records for which the Commission has given or does give written approval for disposal after a retention period of 10 years or less may be digitized and disposed of providing: (i) the reproduction process forms a durable medium that accurately and legibly reproduces the original record in all details and that does not permit additions, deletions, or changes to the original document images, (ii) the reproduction is retained for the prescribed retention period, and (iii) the Commission is notified when the original record is disposed of and also when the digitized record is disposed of. Those records for which the Commission has given or does give written approval for disposal after a retention period of more than 10 years or for which the Commission has required or does require permanent retention may be digitized and disposed of providing: (i) the reproduction process forms a durable medium that accurately and legibly reproduces the original record in all details and that does not permit additions, deletions, or changes to the original document images and
23 [April 7, 2000] by county ordinance pursuant to the provisions of this Section, to be paid to the county clerk for his services in the office of recorder for like services. No filing fee shall be charged for providing informational copies of financing statements to the recorder pursuant to subsection (8) of Section 9-403 of the Uniform Commercial Code. For recording deeds or other instruments $12 for the first 4 pages thereof, plus $1 for each additional page thereof, plus $1 for each additional document number therein noted. The aggregate minimum fee for recording any one instrument shall not be less than $12. For recording deeds or other instruments wherein the premises affected thereby are referred to by document number and not by legal description a fee of $1 in addition to that hereinabove referred to for each document number therein noted. For recording assignments of mortgages, leases or liens $12 for the first 4 pages thereof, plus $1 for each additional page thereof. However, except for leases and liens pertaining to oil, gas and other minerals, whenever a mortgage, lease or lien assignment assigns more than one mortgage, lease or lien document, a $7 fee shall be charged for the recording of each such mortgage, lease or lien document after the first one. For recording maps or plats of additions or subdivisions approved by the county or municipality (including the spreading of the same of record in map case or other proper books) or plats of condominiums $50 for the first page, plus $1 for each additional page thereof except that in the case of recording a single page, legal size 8 1/2 x 14, plat of survey in which there are no more than two lots or parcels of land, the fee shall be $12. In each county where such maps or plats are to be recorded, the recorder may require the same to be accompanied by such number of exact, true and legible copies thereof as the recorder deems necessary for the efficient conduct and operation of his office. For certified copies of records the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed $10. Each certificate of such recorder of the recording of the deed or other writing and of the date of recording the same signed by such recorder, shall be sufficient evidence of the recording thereof, and such certificate including the indexing of record, shall be furnished upon the payment of the fee for recording the instrument, and no additional fee shall be allowed for the certificate or indexing. The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards: (1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee. (2) The document shall be legibly printed in black ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly. (3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations. (4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner. (5) The document shall not have any attachment stapled or otherwise affixed to any page. A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph. This paragraph, as amended by this amendatory Act of 1995,
[April 7, 2000] 24 applies only to documents dated after the effective date of this amendatory Act of 1995. The county board of any county may provide for an additional charge of $3 for filing every instrument, paper, or notice for record, in order to defray the cost of converting the county recorder's document storage system to computers or micrographics. A special fund shall be set up by the treasurer of the county and such funds collected pursuant to Public Act 83-1321 shall be used solely for a document storage system to provide the equipment, materials and necessary expenses incurred to help defray the costs of implementing and maintaining such a document records system. The county board of any county that provides and maintains a countywide map through a Geographic Information System (GIS) may provide for an additional charge of $3 for filing every instrument, paper, or notice for record in order to defray the cost of implementing or maintaining the county's Geographic Information System. Of that amount, $2 must be deposited into a special fund set up by the treasurer of the county, and any moneys collected pursuant to this amendatory Act of the 91st General Assembly and deposited into that fund must be used solely for the equipment, materials, and necessary expenses incurred in implementing and maintaining a Geographic Information System. The remaining $1 must be deposited into the recorder's special funds created under Section 3-5005.4. The recorder may, in his or her discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's Geographic Information System. The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect such increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity. (Source: P.A. 89-160, eff. 7-19-95; 90-300, eff. 1-1-98.)". AMENDMENT TO HOUSE BILL 840 AMENDMENT NO. 2. Amend House Bill 840, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 2, line 8, after "a", by inserting "microfilm or"; and on page 2, by replacing lines 9 through 12 with the following: "electronic format. The agency may dispose of the original of any reproduced record
25 [April 7, 2000]
[April 7, 2000] 26 (5) a blood test to determine the presence or absence of sexually transmitted disease; (6) written and oral instructions indicating the need for a second blood test 6 weeks after the sexual assault to determine the presence or absence of sexually transmitted disease; and (7) appropriate counseling as determined by the hospital, by trained personnel designated by the hospital. (b) Any minor who is an alleged survivor of sexual assault who seeks emergency services under this Act shall be provided such services without the consent of the parent, guardian or custodian of the minor.
27 [April 7, 2000] that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2261 A bill for AN ACT to amend the Upper Illinois River Valley Development Authority Act by changing Section 4. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 2261. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 2261 on page 1, lines 2 and 6, by replacing "Section 4" each time it appears with "Sections 4 and 7"; and on page 4, by inserting below line 22 the following: "(70 ILCS 530/7) (from Ch. 85, par. 7157) Sec. 7. Bonds. (a) The Authority, with the written approval of the Governor, shall have the continuing power to issue bonds, notes, or other evidences of indebtedness in an aggregate amount not to exceed $250,000,000
[April 7, 2000] 28 bonds, notes or other evidences of indebtedness, to compel such corporation, person, the Authority and any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such bonds, notes or other evidences of indebtedness by the provision of the resolution authorizing their issuance and to enjoin such corporation, person, the Authority and any of its agents or employees from taking any action in conflict with any such contract or covenant. (b-2) If the Authority fails to pay the principal of or interest on any of the bonds or premium, if any, as the same become due, a civil action to compel payment may be instituted in the appropriate circuit court by the holder or holders of the bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the Chairman of the Board shall constitute sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the Authority and its officers named as defendants for the purpose of compelling such payment. Any case, controversy or cause of action concerning the validity of this Act relates to the revenue of the State of Illinois. (c) Notwithstanding the form and tenor of any such bonds, notes or other evidences of indebtedness and in the absence of any express recital on the face thereof that it is non-negotiable, all such bonds, notes and other evidences of indebtedness shall be negotiable instruments. Pending the preparation and execution of any such bonds, notes or other evidences of indebtedness, temporary bonds, notes or evidences of indebtedness may be issued as provided by ordinance. (d) To secure the payment of any or all of such bonds, notes or other evidences of indebtedness, the revenues to be received by the Authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the Authority in connection with the issuance thereof and the issuance of any additional bonds, notes or other evidences of indebtedness payable from such revenues, income or other funds to be derived from projects, the Authority may execute and deliver a mortgage or trust agreement. A remedy for any breach or default of the terms of any such mortgage or trust agreement by the Authority may be by mandamus proceedings in the appropriate circuit court to compel the performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf such action may be instituted. (e) Such bonds or notes shall be secured as provided in the authorizing ordinance which may, notwithstanding any other provision of this Act, include in addition to any other security a specific pledge or assignment of and lien on or security interest in any or all revenues or money of the Authority from whatever source which may by law be used for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by ordinance of the Authority authorizing the issuance of such bonds or notes. (f) In the event that the Authority determines that monies of the Authority will not be sufficient for the payment of the principal of and interest on its bonds during the next State fiscal year, the Chairman, as soon as practicable, shall certify to the Governor the amount required by the Authority to enable it to pay such principal of and interest on the bonds. The Governor shall submit the amount so certified to the General Assembly as soon as practicable, but no later than the end of the current State fiscal year. This Section shall not apply to any bonds or notes as to which the Authority shall have determined, in the resolution authorizing the issuance of the bonds or notes, that this Section shall not apply. Whenever the Authority makes such a determination, that fact shall be plainly stated on the face of the bonds or notes and that fact shall also be reported to the Governor. In the event of a withdrawal of moneys from a reserve fund established with respect to any issue or issues of bonds of the Authority to pay principal or interest on those bonds, the Chairman of
29 [April 7, 2000] the Authority, as soon as practicable, shall certify to the Governor the amount required to restore the reserve fund to the level required in the resolution or indenture securing those bonds. The Governor shall submit the amount so certified to the General Assembly as soon as practicable, but no later than the end of the current State fiscal year. (g) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of such holders until such bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the basis on which State funds are to be paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such contract. The Authority is authorized to include these pledges and agreements of the State in any contract with the holders of bonds or notes issued pursuant to this Section. (h) Not less than 30 days prior to the commitment to issue bonds, notes, or other evidences of indebtedness for the purpose of developing, constructing, acquiring or improving housing or residential projects, as defined in Section 3, the Authority shall provide notice to the Executive Director of the Illinois Housing Development Authority. Within 30 days after notice is provided, the Illinois Housing Development Authority shall either in writing express interest in financing the project or notify the Authority that it is not interested in providing such financing and the Authority may finance the project or seek alternative financing. (Source: P.A. 86-1024; 86-1313; 87-158; 87-778.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 2261 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1841 A bill for AN ACT to amend the Election Code by changing Sections 24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8, 24A-9, 24A-9.1, 24A-10.1, 24A-15.01, and 24A-15.1. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1841. Senate Amendment No. 4 to HOUSE BILL NO. 1841.
[April 7, 2000] 30 Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1841 by replacing the title with the following: "AN ACT concerning voting at elections."; and by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Sections 7-66, 15-6, 16-11, 17-43, 18-40, 19-2.1, 19-7, 19-8, 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 20-7, 20-8, 20-9, 20-15, and 24B-3 and by adding Article 24C as follows: (10 ILCS 5/7-66) Sec. 7-66. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C of this Code, and the provisions of those Articles
31 [April 7, 2000] Recording Electronic Voting Systems equipment authorized by the State Board of Elections as long as the procedure is not in conflict with
[April 7, 2000] 32 to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not during such hours as the office of the election authority is closed, unless the clerk files a written waiver with the election authority not later than July 1 of each year stating that he or she is unable to conduct such voting and the reasons therefor. Such clerks who conduct in-person absentee voting may extend their hours for that purpose to include any hours in which the election authority's office is open. Municipal and township clerks (or road district clerks) who have no regularly scheduled office hours and no regularly designated offices other than a place of residence may not conduct in-person absentee voting for said elections. The election authority may devise alternative methods for in-person absentee voting before said elections for those precincts located within the territorial area of a municipality or township (or road district) wherein the clerk of such municipality or township (or road district) has waived or is not entitled to conduct such voting. In addition, electors may vote by absentee ballot under the provisions of Section 19-1 at the office of the election authority having jurisdiction over their residence. In conducting absentee voting under this Section, the respective clerks shall not be required to verify the signature of the absentee voter by comparison with the signature on the official registration record card. However, the clerk shall reasonably ascertain the identity of such applicant, shall verify that each such applicant is a registered voter, and shall verify the precinct in which he or she is registered and the proper ballots of the political subdivisions in which the applicant resides and is entitled to vote, prior to providing any absentee ballot to such applicant. The clerk shall verify the applicant's registration and from the most recent poll list provided by the county clerk, and if the applicant is not listed on that poll list then by telephoning the office of the county clerk. Absentee voting procedures in the office of the municipal, township and road district clerks shall be subject to all of the applicable provisions of this Article 19. Pollwatchers may be appointed to observe in-person absentee voting procedures at the office of the municipal, township or road district clerks' offices where such absentee voting is conducted. Such pollwatchers shall qualify and be appointed in the same manner as provided in Sections 7-34 and 17-23, except each candidate, political party or organization of citizens may appoint only one pollwatcher for each location where in-person absentee voting is conducted. Pollwatchers shall be residents of the county and possess valid pollwatcher credentials. All requirements in this Article applicable to election authorities shall apply to the respective local clerks, except where inconsistent with this Section. In election jurisdictions that deliver absentee ballots to the polling place to be counted by the precinct judges on election day, the sealed absentee ballots in their carrier envelope shall be delivered by the respective clerks to the proper polling place before the close of the polls on the day of the
33 [April 7, 2000] absentee ballots for each precinct in the municipality, township or road district, or shall include such separate ballots for each political subdivision conducting an election of officers or a referendum on that election day as will permit any resident of the municipality, township or road district to vote absentee in the office of the proper clerk. The clerks of all municipalities, townships and road districts may distribute applications for absentee ballot for the use of voters who wish to mail such applications to the appropriate election authority. Such applications for absentee ballots shall be made on forms provided by the election authority. Duplication of such forms by the municipal, township or road district clerk is prohibited. (Source: P.A. 86-875.) (10 ILCS 5/19-7) (from Ch. 46, par. 19-7) Sec. 19-7. Upon receipt of such absent voter's ballot, the election authority shall forthwith enclose the same unopened, together with the application made by said absent voter in a large or carrier envelope which shall be securely sealed and endorsed with the name and official title of such officer and the words, "This envelope contains an absent voter's ballot and must be opened on election day," together with the number and description of the precinct in which said ballot is to be voted, and such officer shall thereafter safely keep the same in his office until counted by him as provided in this Article
[April 7, 2000] 34 Special Write-In Absentee Voter's Blank Ballots, except ballots returned by mail postmarked after midnight preceding the opening of the polls on election day, shall be endorsed by the election authority receiving the same with the day and hour of receipt and shall be counted in the office of the election authority on the day of the election after 7:00 p.m. All absent voters' ballots delivered in error to the wrong precinct polling place shall be returned to the election authority and counted under this provision; however, all absentee ballots received by the election authority by the close of absentee voting in the office of the election authority on the day preceding the day of election shall be delivered to the proper precinct polling places in time to be counted by the judges of election. Such counting shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. Such counting shall continue until all absent voters' ballots received as aforesaid have been counted. The procedures set forth in Section 19-9 of this Act and Articles 17 and 18 of this Code, shall apply to all absent voters' ballots counted under this provision, including comparing the signature on the ballot envelope with the signature of the voter on the permanent voter registration record card taken from the master file; except that votes shall be recorded without regard to precinct designation, except for precinct offices. (Source: P.A. 86-875; revised 10-31-98.) (10 ILCS 5/19-9) (from Ch. 46, par. 19-9) Sec. 19-9. At the close of the regular balloting and at the close of the polls the judges of election of each voting precinct or the panel or panels of judges in the office of the election authority, as the case may be, shall proceed to cast the absent voter's ballot separately, and as each absent voter's ballot is taken shall open the outer or carrier envelope, announce the absent voter's name, and compare the signature upon the application with the signature upon the certification on the ballot envelope and the signature of the voter on the permanent voter registration record card. In case the judges find the certifications properly executed, that the signatures correspond, that the applicant is a duly qualified elector in the precinct and the applicant has not been present and voted within the county where he represents himself to be a qualified elector on such election day, they shall open the envelope containing the absent voter's ballot in such manner as not to deface or destroy the certification thereon, or mark or tear the ballots therein and take out the ballot or ballots therein contained without unfolding or permitting the same to be unfolded or examined, and having endorsed the ballot in like manner as other ballots are required to be endorsed, shall deposit the same in the proper ballot box or boxes and enter the absent voter's name in the poll book the same as if he had been present and voted in person. The judges shall place the absentee ballot certification envelopes in a separate envelope as per the direction of the election authority. Such envelope containing the absentee ballot certification envelopes shall be returned to the election authority and preserved in like manner as the official poll record. In case such signatures do not correspond, or that the applicant is not a duly qualified elector in such precinct or that the ballot envelope is open or has been opened and resealed, or that said voter is present and has voted within the county where he represents himself to be a qualified elector on the day of such election at such election such previously cast vote shall not be allowed, but without opening the absent voter's envelope the judge of such election shall mark across the face thereof, "Rejected", giving the reason therefor. In case the ballot envelope contains more than one ballot of any kind, said ballots shall not be counted, but shall be marked "Rejected", giving the reason therefor. The absent voters' envelopes and affidavits and the absent voters' envelope with its contents unopened, when such absent vote is rejected shall be retained and preserved in the manner as now provided for the retention and preservation of official ballots rejected at such
35 [April 7, 2000] election. As applied to an absentee ballot of a permanently disabled voter who has complied with Section 19-12.1, the word "certification" as used in this Section shall be construed to refer to the unsworn statement subscribed to by the voter pursuant to Section 19-12.1. (Source: P.A. 87-1052.) (10 ILCS 5/19-10) (from Ch. 46, par. 19-10) Sec. 19-10. Pollwatchers may be appointed to observe in-person absentee voting procedures at the office of the election authority as well as at municipal, township or road district clerks' offices where such absentee voting is conducted. Such pollwatchers shall qualify and be appointed in the same manner as provided in Sections 7-34 and 17-23, except each candidate, political party or organization of citizens may appoint only one pollwatcher for each location where in-person absentee voting is conducted. Pollwatchers shall be residents of the county and possess valid pollwatcher credentials. In the polling place on election day, pollwatchers shall be permitted to be present during the casting of the absent voters' ballots and the vote of any absent voter may be challenged for cause the same as if he were present and voted in person, and the judges of the election or a majority thereof shall have power and authority to hear and determine the legality of such ballot; Provided, however, that if a challenge to any absent voter's right to vote is sustained, notice of the same must be given by the judges of election by mail addressed to the voter's place of residence. Where
[April 7, 2000] 36 shall not later than noon on the Thursday before the election also post the names and addresses of those facilities from which no applications were received and in which no supervised absentee voting will be conducted. All provisions of this Code applicable to pollwatchers shall be applicable herein. To the maximum extent feasible, voting booths or screens shall be provided to insure the privacy of the voter. Voting procedures shall be as described in Article 17 of this Code, except that ballots shall be treated as absentee ballots and shall not be counted until the close of the polls on the following day. After the last voter has concluded voting, the judges shall seal the ballots in an envelope and affix their signatures across the flap of the envelope. Immediately thereafter, the judges shall bring the sealed envelope to the office of the election authority who shall preserve the ballots in the office of the election authority in those jurisdictions that count absentee ballots in the office of the election authority or shall deliver the
37 [April 7, 2000] Sec. 20-2. Any member of the United States Service, otherwise qualified to vote, who expects in the course of his duties to be absent from the county in which he resides on the day of holding any election may make application for an absentee ballot to the election authority having jurisdiction over his precinct of residence on the official postcard or on a form furnished by the election authority as prescribed by Section 20-3 of this Article not less than 10 days before the election. A request pursuant to this Section shall entitle the applicant to an absentee ballot for every election in one calendar year. The original application for ballot shall be kept in the office of the election authority for one year as authorization to send a ballot to the voter for each election to be held within that calendar year. A certified copy of such application for ballot shall be sent each election with the absentee ballot to the polling place to be used in lieu of the original application for ballot. No registration shall be required in order to vote pursuant to this Section. Ballots under this Section shall be mailed by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Ballots voted under this Section must be returned
[April 7, 2000] 38 days before a Federal election. Such application may be made only on the official postcard. A request pursuant to this Section shall entitle the applicant to an absentee ballot for every election in one calendar year at which Federal offices are filled. The original application for ballot shall be kept in the office of the election authority for one year as authorization to send a ballot to the voter for each election to be held within that calendar year at which Federal offices are filled. A certified copy of such application for ballot shall be sent each election with the absentee ballot to the polling place to be used in lieu of the original application for ballot. No registration shall be required in order to vote pursuant to this Section. Ballots under this Section shall be mailed by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Ballots under this Section must be returned
39 [April 7, 2000] the person receiving the same with the day and hour of receipt and shall be safely kept unopened by the election authority for the period of time required for the preservation of ballots used at such election, and shall then, without being opened, be destroyed in like manner as the used ballots of such election. (b) All absent voters' ballots received by the election authority after 12:00 noon on election day or too late for delivery to the proper polling place before the closing of the polls on election day, except ballots returned by mail postmarked after midnight preceding the opening of the polls on election day, shall be counted in the office of the election authority on the day of the election after 7:00 p.m. All absent voters' ballots delivered in error to the wrong precinct polling place shall be returned to the election authority and counted under this provision. Such counting shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. Such counting shall continue until all absent voters' ballots received as aforesaid have been counted. The procedures set forth in Section 19-9 of this Act and Articles 17 and 18 of this Code, shall apply to all absent voters' ballots counted under this provision; except that votes shall be recorded without regard to precinct designation. Where
[April 7, 2000] 40 the reason therefor. The absent voters' envelopes and certifications and the absent voters' envelope with its contents unopened, when such absent vote is rejected shall be retained and preserved in the manner as now provided for the retention and preservation of official ballots rejected at such election. (Source: P.A. 87-1052.) (10 ILCS 5/20-15) Sec. 20-15. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C of this Code, and the provisions of those Articles
41 [April 7, 2000] the county and having a general circulation within such jurisdiction. The notice shall be substantially as follows: Notice is hereby given that on
[April 7, 2000] 42 territorial jurisdiction, provided, that in any event a counting location shall be within this State. "Computer", "automatic tabulating equipment", or "equipment" includes (i) apparatus necessary to automatically examine and count votes as designated on ballots and (ii) data processing machines that can be used for counting ballots and tabulating results. "Computer operator" means any person or persons designated by the election authority to operate the automatic tabulating equipment during any portion of the vote tallying process in an election, but shall not include judges of election operating vote tabulating equipment in the precinct. "Computer program" or "program" means the set of operating instructions for the automatic tabulating equipment that examines, records, counts, tabulates, canvasses, and prints votes recorded by a voter on a ballot. "Direct recording electronic voting system", "voting system", or "system" means the combination of equipment and programs that records votes by means of a ballot display provided with mechanical or electro-optical devices that can be activated by the voter, that processes the data by means of a computer program, that records voting data and ballot images in internal memory devices, and that produces a tabulation of the voting data as hard copy or stored in a removable memory device. "Edit listing" means a computer generated listing of the names of each candidate and public question as they appear in the program for each precinct. "In-precinct counting" means the recording and counting of ballots on automatic tabulating equipment provided by the election authority in the same precinct polling place in which those ballots have been cast. "Marking device" means a pen or similar device approved by the State Board of Elections for marking a ballot so as to enable the ballot to be recorded, counted, and tabulated by automatic tabulating equipment. "Redundant count" means a verification of the original computer count of ballots by another count using compatible equipment or other means as part of a discovery recount. "Separate ballot" means a separate page or display screen of the ballot that is clearly defined and distinguishable from other portions of the ballot. "Voting defect identification" means the capability to detect overvoted ballots or ballots that cannot be read by the automatic tabulating equipment. "Voting defect" means an overvoted ballot or a ballot that cannot be read by the automatic tabulating equipment. "Voting device" or "voting machine" means an apparatus that contains the ballot label or ballot screen and allows the voter to record his or her vote. (10 ILCS 5/24C-3 new) Sec. 24C-3. Adoption, experimentation, or abandonment of Direct Recording Electronic Voting System; boundaries of precincts; notice. Except as otherwise provided in this Section, any county board, board of county commissioners, or board of election commissioners, with respect to territory within its jurisdiction, may adopt, experiment with, or abandon a Direct Recording Electronic Voting System approved for use by the State Board of Elections and may use the system in all or some of the precincts within its jurisdiction, or in combination with paper ballots or voting machines. Any county board, board of county commissioners, or board of election commissioners may contract for the tabulation of votes at a location outside its territorial jurisdiction when there is no suitable tabulating equipment available within its territorial jurisdiction. In no case may a county board, board of county commissioners, or board of election commissioners contract or arrange for the purchase, lease, or loan of a Direct Recording Electronic Voting System or system component without the approval of the State Board of Elections as provided by Section 24C-16. The county board and board of county commissioners of each county
43 [April 7, 2000] having a population of 40,000 or more, with respect to all elections for which the county board or the county clerk is charged with the duty of providing materials and supplies, and each board of election commissioners in a municipality having a population of 40,000 or more, with respect to elections under its jurisdiction, must provide either a Direct Recording Electronic Voting System approved for use by the State Board of Elections under this Article or voting systems under Article 24, Article 24A, or Article 24B for each precinct for all elections, except as provided in Section 24-1.2. For purposes of this Section "population" does not include persons prohibited from voting by Section 3-5 of this Code. Before any Direct Recording Electronic Voting System is introduced, adopted, or used in any precinct or territory, at least 2 months public notice must be given before the date of the first election when the system is to be used. The election authority shall publish the notice at least once in one or more newspapers published within the county, or other jurisdiction, where the election is held. If there is no such newspaper, the notice shall be published in a newspaper published in the county and having a general circulation within the jurisdiction. The notice shall be substantially as follows: "Notice is hereby given that on (give date), at (insert place where election is held) in the county of (insert county) an election will be held for (insert name of offices to be filled) at which a Direct Recording Electronic Voting System will be used." Dated at ... (insert date)" This notice referred to shall be given only at the first election at which the Direct Recording Electronic Voting System is used. (10 ILCS 5/24C-3.1 new) Sec. 24C-3.1. Retention, consolidation, or alteration of existing precincts; change of location. When a Direct Recording Electronic Voting System is used, the county board or board of election commissioners may retain existing precincts or may consolidate, combine, alter, decrease, or enlarge the boundaries of the precincts to change the number of registered voters of the precincts using the system, establishing the number of registered voters within each precinct at a number not to exceed 800 as the appropriate county board or board of election commissioners determines will afford adequate voting facilities and efficient and economical elections. Except in the event of a fire, flood, or total loss of heat in a place fixed or established pursuant to law by any county board or board of election commissioners as a polling place for an election, no election authority shall change the location of a polling place established for any precinct after notice of the place of holding the election for that precinct has been given as required under Article 12, unless the election authority notifies all registered voters in the precinct of the change in location by first class mail in sufficient time for the notice to be received by the registered voters in the precinct at least one day prior to the date of the election. (10 ILCS 5/24C-4 new) Sec. 24C-4. Use of Direct Recording Electronic Voting System; requisites; applicable procedure. Direct Recording Electronic Voting Systems may be used in elections provided that the systems enable the voter to cast a vote for all offices and on all public questions for which he or she is entitled to vote, and that the systems have the capability to detect and identify voting defects and to notify the voter of any defects, and provided further that the systems are approved for use by the State Board of Elections. So far as applicable, the procedure provided for voting paper ballots shall apply when Direct Recording Electronic Voting Systems are used. The provisions of this Article 24C will govern when there are conflicts. (10 ILCS 5/24C-5 new) Sec. 24C-5. Voting booths. In precincts where a Direct Recording Electronic Voting System is used, a sufficient number of voting booths shall be provided for the use of the system according to the requirements determined by the State Board of Elections. Each booth
[April 7, 2000] 44 shall be placed so that the entrance to each booth faces a wall in a manner that no judge of election or pollwatcher is able to observe a voter casting a ballot. (10 ILCS 5/24C-5.1 new) Sec. 24C-5.1. Instruction of voters. Before entering the voting booth each voter shall be offered instruction in using the Direct Recording Electronic Voting System. In instructing voters, no precinct official may show partiality to any political party or candidate. The duties of instruction shall be discharged by a judge from each of the political parties represented and they shall alternate serving as instructor so that each judge shall serve a like time at those duties. No instructions may be given after the voter has entered the voting booth. No precinct official or person assisting a voter may in any manner request, suggest, or seek to persuade or induce any voter to cast his or her vote for any particular ticket, candidate, amendment, question, or proposition. All instructions shall be given by precinct officials in a manner that it may be observed by other persons in the polling place. (10 ILCS 5/24C-5.2 new) Sec. 24C-5.2. Demonstration of Direct Recording Electronic Voting System; placement in public library. When a Direct Recording Electronic Voting System is to be used in a forthcoming election, the election authority may provide, for the purpose of instructing voters in the election, one demonstrator Direct Recording Electronic Voting System unit for placement in any public library within the political subdivision where the election occurs. If the placement of a demonstrator takes place it shall be made available at least 30 days before the election. (10 ILCS 5/24C-6 new) Sec. 24C-6. Ballot information; arrangement; absentee ballots; spoiled ballots. The ballot information shall, as far as practicable, be in the order of arrangement provided for paper ballots, except that the information may be in vertical or horizontal rows or on a number of separate pages or display screens. Ballots for all public questions to be voted on should be provided in a similar manner and must be arranged on the ballot in the places provided for those purposes. All public questions, including but not limited to public questions calling for a constitutional convention, constitutional amendment, or judicial retention, shall be placed on the ballot separate and apart from candidates. Ballots for all public questions shall be clearly designated by borders or different color screens. More than one amendment to the constitution may be placed on the same portion of the ballot sheet. Constitutional convention or constitutional amendment propositions shall be placed on a separate portion of the ballot and designated by borders or unique color screens, unless otherwise provided by administrative rule of the State Board of Elections. More than one public question may be placed on the same portion of the ballot. More than one proposition for retention of judges in office may be placed on the same portion of the ballot. Below the name of the last candidate listed for an office shall be a space or spaces in which the name of a candidate or candidates may be written in or recorded by the voter. The number of write-in lines for an office shall equal the number of candidates for which a voter may vote. The party affiliation, if any, of each candidate or the word "independent", where applicable, shall appear near or under the candidate's name, and the names of candidates for the same office shall be listed vertically under the title of that office. In the case of nonpartisan elections for officers of political subdivisions, unless the statute or an ordinance adopted pursuant to Article VII of the Illinois Constitution requires otherwise, the listing of nonpartisan candidates shall not include any party or "independent" designation. In primary elections, a separate ballot, shall be used for each political party holding a primary, with the ballot arranged to include names of the candidates of the party and public questions and other propositions
45 [April 7, 2000] to be voted upon on the day of the primary election. If the ballot includes both candidates for office and public questions or propositions to be voted on, the election official in charge of the election shall divide the ballot in sections for "Candidates" and "Public Questions", or separate ballots may be used. Any election authority using a Direct Recording Electronic Voting System may use voting systems approved for use under Articles 24A or 24B of this Code in conducting absentee voting in the office of the election authority or voted by mail. Any voter who spoils his or her ballot, makes an error, or has a ballot rejected by the automatic tabulating equipment shall be provided a means of correcting the ballot or obtaining a new ballot prior to leaving the polling place. (10 ILCS 5/24C-6.1 new) Sec. 24C-6.1. Security designation. In all elections conducted under this Article, ballots shall have a security designation. In precincts where more than one ballot configuration may be voted upon, ballots shall have a different security designation for each ballot configuration. If a precinct has only one possible ballot configuration, the ballots must have a security designation to identify the precinct and the election. Where ballots from more than one precinct are being tabulated, the ballots from each precinct must be clearly identified; official results shall not be generated unless the precinct identification for any precinct corresponds. When the tabulating equipment being used requires entering the program immediately before tabulating the ballots for each precinct, the precinct program may be used. The Direct Recording Electronic Voting System shall be designed to ensure that the proper ballot is selected for each polling place and that the format can be matched to the software or firmware required to interpret it correctly. The system shall provide a means of programming each piece of equipment to reflect the ballot requirements of the election and shall include a means for validating the correctness of the program and of the program's installation in the equipment or in a programmable memory devide. (10 ILCS 5/24C-7 new) Sec. 24C-7. Write-in ballots. A Direct Recording Electronic Voting System shall provide an acceptable method for a voter to vote for a person whose name does not appear on the ballot using the same apparatus used to record votes for candidates whose name do appear on the ballot. Election authorities utilizing Direct Recording Electronic Voting Systems shall not use separate write-in ballots. (10 ILCS 5/24C-8 new) Sec. 24C-8. Preparation for use; comparison of ballots; operational checks of Direct Recording Electronic Voting Systems equipment; pollwatchers. The county clerk or board of election commissioners shall cause the approved Direct Recording Electronic Voting System equipment to be delivered to the polling places. Before the opening of the polls, all Direct Recording Electronic Voting System devices shall provide a printed record of the following, upon verification of the authenticity of the commands by a judge of election: the election's identification data, the equipment's unit identification, the ballot's format identification, the contents of each active candidate register by office and of each active public question register showing that they contain all zeros, all ballot fields that can be used to invoke special voting options, and other information needed to ensure the readiness of the equipment, and to accommodate administrative reporting requirements. The Direct Recording Electronic Voting System shall provide a means of opening the polling place and readying the equipment for the casting of ballots. Those means shall incorporate a security seal, a password, or a data code recognition capability to prevent inadvertent or unauthorized actuation of the poll-opening function. If more than one step is required, it shall enforce their execution in the proper sequence. Pollwatchers as provided by law shall be permitted to closely observe the judges in these procedures and to periodically inspect the
[April 7, 2000] 46 Direct Recording Electronic Voting System equipment when not in use by the voters. (10 ILCS 5/24C-9 new) Sec. 24C-9. Testing of Direct Recording Electronic Voting System equipment and programs; custody of programs, test materials, and ballots. Prior to the public test, the election authority shall conduct an errorless pre-test of the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly detect voting defects and count the votes cast for all offices and all public questions. On any day not less than 5 days prior to the election day, the election authority shall publicly test the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly detect voting defects and count the votes cast for all offices and on all public questions. Public notice of the time and place of the test shall be given at least 48 hours before the test by publishing the notice in one or more newspapers within the election jurisdiction of the election authority, if a newspaper is published in that jurisdiction. If a newspaper is not published in that jurisdiction, notice shall be published in a newspaper of general circulation in that jurisdiction. Timely written notice stating the date, time, and location of the public test shall also be provided to the State Board of Elections. The test shall be open to representatives of the political parties, the press, representatives of the State Board of Elections, and the public. The test shall be conducted by entering a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots having votes exceeding the number allowed by law to test the ability of the automatic tabulating equipment to reject the votes. The test shall also include producing an edit listing. In those election jurisdictions where in-precinct counting equipment is used, a public test of both the equipment and program shall be conducted as nearly as possible in the manner prescribed above. The State Board of Elections may select as many election jurisdictions that the Board deems advisable in the interests of the election process of this State to order a special test of the automatic tabulating equipment and program before any regular election. The Board may order a special test in any election jurisdiction where, during the preceding 12 months, computer programming errors or other errors in the use of the system resulted in vote tabulation errors. Not less than 30 days before any election, the State Board of Elections shall provide written notice to those selected jurisdictions of its intent to conduct a test. Within 5 days of receipt of the State Board of Elections' written notice of intent to conduct a test, the selected jurisdictions shall forward to the principal office of the State Board of Elections a copy of all specimen ballots. The State Board of Elections' tests shall be conducted and completed not less than 2 days before the public test using testing materials supplied by the Board and under the supervision of the Board, and the Board shall reimburse the election authority for the reasonable cost of computer time required to conduct the special test. After an errorless test, materials used in the public test, including the program, if appropriate, shall be sealed and remain sealed until the test is run again on election day. If any error is detected, the cause of the error shall be determined and corrected, and an errorless public test shall be made before the automatic tabulating equipment is approved. Each election authority shall file a sealed copy of each tested program to be used within its jurisdiction at an election with the State Board of Elections before the election. The Board shall secure the program or programs of each election jurisdiction so filed in its office for the 60 days following the canvass and proclamation of election results. At the expiration of that time, if no election contest or appeal is pending in an election jurisdiction, the Board shall return the sealed program or programs to the election authority of the jurisdiction. Except where in-precinct counting equipment is used, the test shall be repeated immediately before the start of the official counting of the
47 [April 7, 2000] ballots, in the same manner as set forth above. After the completion of the count, the test shall be re-run using the same program. Immediately after the re-run, all material used in testing the program and the programs shall be sealed and retained under the custody of the election authority for a period of 60 days. At the expiration of that time the election authority shall destroy the voted ballots, together with all unused ballots returned from the precincts, provided, that if any contest of election is pending at the time in which the ballots may be required as evidence and the election authority has notice of the contest, the ballots shall not be destroyed until after the contest is finally determined. If the use of back-up equipment becomes necessary, the same testing required for the original equipment shall be conducted. (10 ILCS 5/24C-10 new) Sec. 24C-10. Recording of votes by Direct Recording Electronic Voting Systems. Whenever a Direct Recording Electronic Voting System is used to automatically record and count the votes on ballots, the provisions of this Section shall apply. A voter shall cast a proper vote on a ballot by marking the designated area for the casting of a vote for any party or candidate or for or against any public question. For this purpose, a mark is an intentional selection of the designated area on the ballot by appropriate means and that is not otherwise an identifying mark. (10 ILCS 5/24C-11 new) Sec. 24C-11. Functional requirements. In an election jurisdiction which has adopted a Direct Recording Electronic Voting System, the system shall, in addition to satisfying the other requirements of this Article, perform the following functions: (1) Provide a voter in a primary election with the means of casting a ballot containing votes for any and all candidates of the party or parties of his or her choice, and for any and all non-partisan candidates and public questions. In a general election, the system shall provide the voter with means of selecting the appropriate number of candidates for any office and of voting on any public question on the ballot for which he or she is entitled to vote. (2) If a voter is not entitled to vote for particular candidates or public questions appearing on the ballot, the system shall prevent the selections of the prohibited votes. (3) Once the voter has selected a proper ballot, the system devices shall provide a means of enabling the recording of votes and the casting of the ballot. (4) System voting devices shall provide labels indicating the names of every candidate and the text of every public question on the voter's ballot. Each label shall identify the selection button or switch or the active area of the ballot associated with it. The devices shall enable the voter to vote for any and all candidates and public questions appearing on the ballot in any legal number and combination. The voter shall be able to delete or change his or her selections before the ballot is cast. A means shall be provided to indicate each selection after it has been made or canceled. (5) System voting devices shall provide a means for the voter to signify that the selection of candidates and public questions has been completed. Upon activation, the system shall record an image of the completed ballot, shall increment the proper ballot position registers, and shall signify to the voter that the ballot has been cast. The system shall then prevent any further attempt to vote until it has been reset or re-enabled by a judge of election. (6) Each system voting device shall be equipped with a public counter that can be set to zero prior to the opening of the polling place and that records the number of ballots cast during that particular election. The counter shall be incremented only by the casting of a ballot. The counter shall be designed to prevent disabling or resetting by other than authorized persons after the
[April 7, 2000] 48 polls close. The counter shall be visible to all judges of election so long as the device is installed at the polling place. (7) Each system voting device shall be equipped with a protective counter that records all of the testing and election ballots cast since the unit was built. This counter shall be designed so that its reading cannot be changed by any cause other than the casting of a ballot. The protective counter shall be incapable of ever being reset and shall be visible at all times when the device is configured for testing, maintenance, or election use. (8) All system devices shall provide a means of preventing further voting once the polling place has closed and after all eligible voters have voted. The means of control shall incorporate a visible indication of system status. The device shall preclude the re-opening once the poll closing has been completed for that election. (9) The system shall produce a printed summary report of the votes cast upon each voting device. Until the proper sequence of events associated with closing the polling place has been completed, the system shall not allow the printing of a report or the extraction of data. The printed report shall also contain all system audit information required by the election authority. Data shall not be altered or otherwise destroyed by report generation and the system shall ensure the integrity and security of data for a period of at least 6 months after the polls close. (10) If more than one voting device is used in a polling place, the system shall provide a means to manually or electronically consolidate the data from all such units into a single report even if different voting systems are used to record absentee ballots. (11) System functions shall be implemented such that unauthorized access to them is prevented and the execution of authorized functions in an improper sequence is precluded. System functions shall be executable only in the intended manner and order and only under the intended conditions. If the preconditions to a system function have not been met, the function shall be precluded from executing by the system's control logic. (12) All system voting devices shall incorporate at least 3 memories in the machine itself and in its programmable memory devices. (13) The system shall include capabilities of recording and reporting the date and time of normal and abnormal events and of maintaining a permanent record of audit information that cannot be turned off. Provisions shall be made to detect and record significant events (e.g., casting a ballot, error conditions that cannot be disposed of by the system itself, time-dependent or programmed events that occur without the intervention of the voter or a judge of election). (14) The system must maintain an image of each ballot that is cast such that records of individual ballots are maintained by a subsystem independent and distinct from the main vote detection, interpretation, processing, and reporting path. The electronic images of each ballot must protect the integrity of the data and the anonymity of each voter, for example, by means of storage location scrambling. The ballot image records may be either machine-readable, manually transcribed, or both, at the discretion of the election authority. (15) The system shall include built-in test, measurement, and diagnostic software and hardware for detecting and reporting the system's status and degree of operability. (16) The system shall contain provisions for maintaining the integrity of memory voting and audit data during an election and for a period of at least 6 months thereafter and shall provide the means for creating an audit trail. (17) The system shall be designed to permit blind or visually impaired voters, as well as physically disabled voters, to exercise
49 [April 7, 2000] their right to vote in private and without assistance. (10 ILCS 5/24C-12 new) Sec. 24C-12. Procedures for counting and tallying of ballots. In an election jurisdiction where a Direct Recording Electronic Voting System is used, the procedures in this Section for counting and tallying the ballots shall apply. Before the opening of the polls, the judges of elections shall assemble the voting equipment and devices and turn the equipment on. The judges shall, if necessary, take steps to actuate the voting devices and counting equipment by inserting into the equipment and voting devices appropriate data cards containing passwords and data codes that will select the proper ballot formats for that polling place and that will prevent inadvertent or unauthorized actuation of the poll-opening function. Before voting begins and before ballots are entered into the voting devices, the judges of election shall cause to be printed a record of the following: (i) the election's identification data, (ii) the device's unit identification, (iii) the ballot's format identification, (iv) the contents of each active candidate register by office and of each active public question register showing that they contain all zeros, (v) all ballot fields that can be used to invoke special voting options, and (vi) other information needed to ensure the readiness of the equipment and to accommodate administrative reporting requirements. The judges must also check to be sure that the totals are all zeros in the counting columns and in the public counter affixed to the voting devices. After the judges have determined that a person is qualified to vote, the judges shall enable a voting device to be used by the voter and the proper ballot to which the voter is entitled shall be selected. The ballot may then be cast by the voter by marking by appropriate means the designated area of the ballot for the casting of a vote for any candidate or for or against any public question. The voter shall be able to vote for any and all candidates and public measures appearing on the ballot in any legal number and combination and the voter shall be able to delete or change his or her selections before the ballot is cast. The voter shall be able to select candidates whose names do not appear upon the ballot for any office by entering electronically as many names of candidates as the voter is entitled to select for each office. Upon completing his or her selection of candidates or public questions, the voter shall signify that voting has been completed by activating the appropriate button, switch, or active area of the ballot screen associated with end of voting. Upon activation, the voting system shall record an image of the completed ballot, shall increment the proper ballot position registers, and shall signify to the voter that the ballot has been cast. The voter shall exit the voting station and the voting system shall prevent any further attempt to vote until it has been re-activated by the judges of election. Throughout the election day and before the closing of the polls, no person may check any vote totals for any candidate or public question on the voting or counting equipment. The equipment shall be programmed so that no person may reset the equipment for reentry of ballots unless provided a code from an authorized representative of the election authority. In election jurisdictions that deliver absentee ballots to the precinct polling place to be counted by the precinct judges of election, the absentee ballots shall be examined immediately after the closing of the polls by the precinct judges of election to determine that the ballots comply with Sections 19-9 and 20-9 of this Code and are entitled to be counted and deposited in the ballot box. Those ballots entitled to be counted shall be initialed by the precinct judges of election and deposited in the ballot box. Those not entitled to be counted and deposited in the ballot box shall be marked "Rejected" and disposed of as provided in Sections 19-9 and 20-9. The precinct judges of election shall then open the ballot box and count the number of absentee ballots therein to determine if the number agrees with the number of absent voters voting as shown by the
[April 7, 2000] 50 applications for absentee ballot or, if the same do not agree, the judges shall make the ballots agree with the applications for absentee ballot in the manner provided by Section 17-18 of the Code. The judges of election shall then examine all absentee ballots in the ballot box to determine whether the ballots, including ballot card envelopes where applicable, contain the initials of a precinct judge of election. If any ballot or ballot card envelope is not initialed, it shall be marked on the back "Defective", initialed by all judges immediately under the word "Defective", and not counted. The judges of election shall place an initialed blank official ballot in the place of the defective ballot so that the count of the ballots to be counted will be the same, and each "Defective Ballot" and "Replacement" ballot shall contain the same serial number which shall be placed thereon by the judges of election, commencing with number 1 and continuing consecutively for the ballots of that kind in that precinct. The original "Defective" ballot shall be placed in the "Defective Ballot Envelope" provided for that purpose. The judges of election shall then examine all absentee ballots entitled to be counted for write-in votes. When the voter has cast a write-in vote, the judges of election shall compare the write-in vote with the votes on the ballot to determine whether the write-in results in an overvote for any office. In case of an overvote for any office, the judges of election, consisting in each case of at least one judge of election of each of the 2 major political parties, shall make a true duplicate ballot of all votes on the ballot except for the office which is overvoted. The original ballot upon which there is an overvote shall be clearly labeled "Overvoted Ballot", and each such "Overvoted Ballot" as well as its "Replacement" shall contain the same serial number which shall be placed thereon by the judges of election, commencing with number 1 and continuing consecutively for the ballots of that kind in that precinct. The "Overvoted Ballot" shall be placed in an envelope provided for that purpose labeled "Duplicate Ballot" envelope and the judges of election shall initial the "Replacement" ballots and shall place them with the other ballots to be counted. Absentee ballots containing write-in votes marked in the place designated therefor and containing the initials of a precinct judge of election and not resulting in an overvote and otherwise complying with the election laws as to marking shall be counted. If the election jurisdiction chooses to count absentee ballots using Direct Recording Electronic Voting System voting devices, the judges of election, consisting in each case of at least one judge of election of each of the 2 major political parties, shall make the true duplicate of the ballot by transferring all votes other than overvotes into the Direct Recording Electronic Voting System voting devices. If the election jurisdiction chooses to count absentee ballots using equipment of a system other than a Direct Recording Electronic Voting System, the judges of election shall count those ballots in accordance with the provisions of Article 24A or 24B of this Code, as the case may be. The judges of election shall then deposit such absentee ballots in the ballot box. If any absentee ballot is to be counted using equipment of a system other than a Direct Recording Electronic Voting System and is damaged or defective so that it cannot properly be counted by the equipment, the judges of election, consisting in each case of at least one judge of election of each of the 2 major political parties, shall make a true duplicate ballot of all votes on the ballot in accordance with the provisions of Article 24A or Article 24B, as the case may be. If a damaged ballot, the original ballot shall be clearly labeled "Damaged Ballot" and the ballot so produced shall be clearly labeled "Duplicate Damaged Ballot", and each shall contain the same serial number which shall be placed by the judges of election, beginning with number 1 and continuing consecutively for the ballots of that kind in the precinct. The judges of election shall initial the "Duplicate Damaged Ballot" ballot and shall enter the duplicate damaged ballot into the automatic tabulating equipment. The "Damaged Ballots" shall be placed in the "Duplicated Ballots" envelope. The precinct judges of election shall check the public register to
51 [April 7, 2000] determine whether the number of ballots counted by the voting equipment agrees with the number of voters voting as shown by the applications for ballot. If the same do not agree, the judges of election shall immediately contact the offices of the election authority in charge of the election for further instructions. If the number of ballots counted by the voting equipment agrees with the number of voters voting as shown by the application for ballot, the number shall be listed on the "Statement of Ballots" form provided by the election authority. The totals for all candidates and propositions shall be tabulated and 4 copies of a "Certificate of Results" shall be printed by the automatic tabulating equipment. One copy shall be posted in a conspicuous place inside the polling place and every effort shall be made by the judges of election to provide a copy for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots. In no case shall the number of copies to be made available to pollwatchers be fewer than 4 chosen by lot by the judges of election. In addition, sufficient time shall be provided by the judges of election to the pollwatchers to allow them to copy information from the copy that has been posted. If instructed by the election authority, the judges of election shall cause the tabulated returns to be transmitted electronically to the offices of the election authority via modem or other electronic medium. The precinct judges of election shall select a bi-partisan team of 2 judges, who shall immediately return the ballots in a sealed container, along with all other election materials and equipment as instructed by the election authority; provided, however, that the container must first be sealed by the election judges with filament tape or other approved sealing devices provided for the purpose in a manner that the ballots cannot be removed from the container without breaking the seal or filament tape and disturbing any signatures affixed by the election judges to the container. The election authority shall keep the office of the election authority, or any receiving stations designated by the authority, open for at least 12 consecutive hours after the polls close or until the ballots and election material and equipment from all precincts within the jurisdiction of the election authority have been returned to the election authority. Ballots and election materials and equipment returned to the office of the election authority that are not signed and sealed as required by law shall not be accepted by the election authority until the judges returning the ballots make and sign the necessary corrections. Upon acceptance of the ballots and election materials and equipment by the election authority, the judges returning the ballots shall take a receipt signed by the election authority and stamped with the time and date of the return. The election judges whose duty it is to return any ballots and election materials and equipment as provided shall, in the event the ballots, materials, or equipment cannot be found when needed, on proper request, produce the receipt that they are to take as above provided. (10 ILCS 5/24C-13 new) Sec. 24C-13. Proceedings at location for central counting; employees; approval of list. All proceedings at the location for central counting shall be under the direction of the county clerk or board of election commissioners. Except for any specially trained technicians required for the operation of the Direct Recording Electronic Voting System, the employees at the counting station shall be equally divided between members of the 2 major political parties and all duties performed by the employees shall be by teams consisting of an equal number of members of each political party. Thirty days before an election the county clerk or board of election commissioners shall submit to the county chairman of the county central committee of each political party, for his or her approval or disapproval, a list of persons of his or her party proposed to be employed. If a chairman fails to notify the election authority of his or her disapproval of any proposed employee within a period of 10 days thereafter, the list shall be deemed approved.
[April 7, 2000] 52 (10 ILCS 5/24C-14 new) Sec. 24C-14. Tabulating votes; direction; presence of public; computer operator's log and canvass. The procedure for tabulating the votes by the Direct Recording Electronic Voting System shall be under the direction of the election authority and shall conform to the requirements of the Direct Recording Electronic Voting System. During any election-related activity using the automatic Direct Recording Electronic Voting System equipment, the election authority shall make a reasonable effort to dedicate the equipment to vote processing to ensure the security and integrity of the system. A reasonable number of pollwatchers shall be admitted to the counting location. Persons may observe the tabulating process at the discretion of the election authority; however, at least one representative of each established political party and authorized agents of the State Board of Elections shall be permitted to observe this process at all times. No persons except those employed and authorized for the purpose shall touch any ballot, ballot box, return, or equipment. The computer operator shall be designated by the election authority and shall be sworn as a deputy of the election authority. In conducting the vote tabulation and canvass, the computer operator must maintain a log which shall include the following information: (1) alterations made to programs associated with the vote counting process; (2) if applicable, console messages relating to the program and the respective responses made by the operator; (3) the starting time for each precinct counted, the number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and (4) changes and repairs made to the equipment during the vote tabulation and canvass. The computer operator's log and canvass shall be available for public inspection in the office of the election authority for a period of 60 days following the proclamation of election results. A copy of the computer operator's log and the canvass shall be transmitted to the State Board of Elections upon its request and at its expense. (10 ILCS 5/24C-15 new) Sec. 24C-15. Official return of precinct; check of totals; audit. The precinct return printed by the Direct Recording Electronic Voting System tabulating equipment shall include the number of ballots cast and votes cast for each candidate and public question and shall constitute the official return of each precinct. In those election jurisdictions that choose to count absent voter's ballots in the office of the election authority, absentee ballots may be tabulated with or without a precinct designation. In addition to the precinct return, the election authority shall provide the number of applications for ballots in each precinct, the total number of ballots counted in each precinct for each political subdivision and district, and the number of registered voters in each precinct. The election authority shall check the totals shown by the precinct return and, if there is an obvious discrepancy regarding the total number of votes cast in any precinct, shall have the ballots for that precinct audited to correct the return. The procedures for this audit shall apply prior to and after the proclamation is completed; however, after the proclamation of results, the election authority must obtain a court order to unseal voted ballots except for election contests and discovery recounts. The certificate of results, that has been prepared and signed by the judges of election in the polling place after the ballots have been tabulated, shall be the document used for the canvass of votes for the precinct. Whenever a discrepancy exists during the canvass of votes between the unofficial results and the certificate of results, or whenever a discrepancy exists during the canvass of votes between the certificate of results and the set of totals reflected on the certificate of results, the ballots for that precinct shall be audited to correct the return.
53 [April 7, 2000] Prior to the proclamation, the election authority shall test the voting devices and equipment in 5% of the precincts within the election jurisdiction. The precincts to be tested shall be selected after election day on a random basis by the election authority, so that every precinct in the election jurisdiction has an equal mathematical chance of being selected. The State Board of Elections shall design a standard and scientific random method of selecting the precincts that are to be tested, and the election authority shall be required to use that method. The State Board of Elections, the State's Attorney and other appropriate law enforcement agencies, the chairman of the county central committee of each established political party, and qualified civic organizations shall be given prior written notice of the time and place of the random selection procedure and may be represented at the procedure. The test shall be conducted by entering a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots that have votes in excess of the number allowed by law to test the ability of the equipment to reject those votes. If any error is detected, the cause shall be determined and corrected, and an errorless count shall be made prior to the official canvass and proclamation of election results. The State Board of Elections, the State's Attorney and other appropriate law enforcement agencies, the chairman of the county central committee of each established political party, and qualified civic organizations shall be given prior written notice of the time and place of the test and may be represented at the test. The results of this post-election test shall be treated in the same manner and have the same effect as the results of the discovery procedures set forth in Section 22-9.1 of this Code. Upon completion of the test, the election authority shall print a report showing the results of the test and any errors encountered and the report shall be made available for public inspection. (10 ILCS 5/24C-15.01 new) Sec. 24C-15.01. Transporting ballots to central counting station; container. Upon completion of the tabulation, audit, or test of voting equipment pursuant to Sections 24C-11 through 24C-15, the voting equipment and ballots from each precinct shall be replaced in the container in which they were transported to the central counting station. If the container is not a type that may be securely locked, then each container, before being transferred from the counting station to storage, shall be sealed with filament tape wrapped around the container lengthwise and crosswise, at least twice each way, and in a manner that the equipment and ballots cannot be removed from the container without breaking the tape. (10 ILCS 5/24C-15.1 new) Sec. 24B-15.1. Discovery recounts and election contests. Discovery recounts and election contests shall be conducted as otherwise provided for in this Code. The Direct Recording Electronic Voting System equipment shall be tested prior to the discovery recount or election contest as provided in Section 24C-9 and then the official ballots shall be audited. Any person who has filed a petition for discovery recount may request that a redundant count be conducted in those precincts in which the discovery recount is being conducted. The additional costs of a redundant count shall be borne by the requesting party. The log of the computer operator and all materials retained by the election authority in relation to vote tabulation and canvass shall be made available for any discovery recount or election contest. (10 ILCS 5/24C-16 new) Sec. 24C-16. Approval of Direct Recording Electronic Voting Systems; requisites. The State Board of Elections shall approve all Direct Recording Electronic Voting Systems provided by this Article. No Direct Recording Electronic Voting System shall be approved unless it fulfills the following requirements: (1) It enables a voter to vote in absolute secrecy, except in
[April 7, 2000] 54 the case of voters who receive assistance as provided in this Code. (2) It enables each voter to vote at an election for all persons and offices for whom and for which the voter is lawfully entitled to vote, to vote for as many persons for an office as the voter is entitled to vote for, and to vote for or against any public question upon which the voter is entitled to vote, but no other. (3) It will detect and reject all votes for an office or upon a public question when the voter has cast more votes for the office or upon the public question than he or she is entitled to cast; provided, however, that it will inform a voter that the voter's choices as recorded on the ballot for an office or public question exceeds the number that the voter is entitled to vote for on that office or public question and will offer the voter an opportunity to correct the error before rejecting the choices recorded on the voter's ballot. (4) It will enable each voter in primary elections to vote only for the candidates of the political party with which he or she had declared affiliation and preclude the voter from voting for any candidate of any other political party. (5) It enables a voter to vote a split ticket selected in part from the nominees of one party, in part from the nominees of any or all parties, in part from independent candidates, and in part of candidates whose names are written in by the voter. (6) It enables a voter, at a Presidential election, by a single selection to vote for the candidates of a political party for Presidential electors. (7) It will prevent anyone voting for the same person more than once for the same office. (8) It will record and count accurately each vote properly cast for or against any candidate and for or against any public question, including the names of all candidates whose names are written in by the voters. (9) It will be capable of merging the vote tabulation results produced by other vote tabulation systems, if necessary. (10) It will provide a means for sealing and resealing the vote recording devices to prevent their unauthorized use and to prevent tampering with ballot labels. (11) It will be suitably designed for the purpose used, be durably constructed, and be designed for safety, accuracy, and efficiency. (12) It will be designed to accommodate the needs of elderly, handicapped, and disabled voters. (13) It will enable a voter to vote for a person whose name does not appear on the ballot. (14) It will be designed to ensure that vote recording devices or electronic tabulating equipment that count votes at the precinct will not be capable of reporting vote totals before the close of the polls. (15) It will provide an audit trail. The State Board of Elections is authorized to withdraw its approval of a Direct Recording Electronic Voting System if the system fails to fulfill the above requirements. No vendor, person, or other entity may sell, lease, or loan a Direct Recording Electronic Voting System or system component to any election jurisdiction unless the system or system component is first approved by the State Board of Elections pursuant to this Section. (10 ILCS 5/24C-17 new) Sec. 24C-17. Rules; number of voting booths. The State Board of Elections may make reasonable rules for the administration of this Article and may prescribe the number of voting booths required for the various types of voting systems. (10 ILCS 5/24C-18 new) Sec. 24C-18. Specimen ballots; publication. When a Direct Recording Electronic Voting System is used, the election authority shall cause to be published, at least 5 days before the day of each
55 [April 7, 2000] general and general primary election, in 2 or more newspapers published in and having a general circulation in the county, a true and legible copy of the specimen ballot containing the names of offices, candidates, and public questions to be voted on, as near as may be, in the form in which they will appear on the official ballot on election day. A true legible copy may be in the form of an actual size ballot and shall be published as required by this Section if distributed in 2 or more newspapers published and having a general circulation in the county as an insert. For each election prescribed in Article 2A of this Code, specimen ballots shall be made available for public distribution and shall be supplied to the judges of election for posting in the polling place on the day of election. Notice for the consolidated primary and consolidated elections shall be given as provided in Article 12. (10 ILCS 5/24C-19 new) Sec. 24C-19. Additional method of voting. This Article shall be deemed to provide a method of voting in addition to the methods otherwise provided in this Code. (10 ILCS 5/24C-20 new) Sec. 24C-20. Voting defect identification capabilities. An election authority is required to use the voting defect identification capabilities of the automatic tabulating equipment.". AMENDMENT NO. 4. Amend House Bill 1841, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Sections 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55, 7-66, 15-6, 16-11, 17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7, 19-8, 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 20-7, 20-8, 20-9, and 20-15 and by adding Article 24C as follows: (10 ILCS 5/7-19) (from Ch. 46, par. 7-19) Sec. 7-19. Arrangement and printing of primary ballot. The primary ballot of each political party for each precinct shall be arranged and printed substantially in the manner following: 1. Designating words. At the top of the ballot shall be printed in large capital letters, words designating the ballot, if a Republican ballot, the designating words shall be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and in like manner for each political party. 2. Order of Names, Directions to Voters, etc. Beginning not less than one inch below designating words, the name of each office to be filled shall be printed in capital letters. Such names may be printed on the ballot either in a single column or in 2 or more columns and in the following order, to-wit: President of the United States, State offices, congressional offices, delegates and alternate delegates to be elected from the State at large to National nominating conventions, delegates and alternate delegates to be elected from congressional districts to National nominating conventions, member or members of the State central committee, trustees of sanitary districts, county offices, judicial officers, city, village and incorporated town offices, town offices, or of such of the said offices as candidates are to be nominated for at such primary, and precinct, township or ward committeemen. If two or more columns are used, the foregoing offices to and including member of the State central committee shall be listed in the left-hand column and Senatorial offices, as defined in Section 8-3, shall be the first offices listed in the second column. Below the name of each office shall be printed in small letters the directions to voters: "Vote for one"; "Vote for two"; "Vote for three"; or a spelled number designating how many persons under that head are to be voted for. Next to the name of each candidate for delegate or alternate delegate to a national nominating convention shall appear either (a) the name of the candidate's preference for President of the United States or the word "uncommitted" or (b) no official designation, depending upon the action taken by the State central committee pursuant
[April 7, 2000] 56 to Section 7-10.3 of this Act. Below the name of each office shall be printed in capital letters the names of all candidates, arranged in the order in which their petitions for nominations were filed, except as otherwise provided in Sections 7-14 and 7-17 of this Article. Opposite and in front of the name of each candidate shall be printed a square and all squares upon the primary ballot shall be of uniform size. Spaces between the names of candidates under each office shall be uniform and sufficient spaces shall separate the names of candidates for one office from the names of candidates for another office, to avoid confusion and to permit the writing in of the names of other candidates. Where voting machines,
57 [April 7, 2000] (10 ILCS 5/7-52) (from Ch. 46, par. 7-52) Sec. 7-52. Precinct canvass of votes. Immediately upon closing the polls, the primary judges shall proceed to canvass the votes in the manner following: (1) They shall separate and count the ballots of each political party. (2) They shall then proceed to ascertain the number of names entered on the applications for ballot under each party affiliation. (3) If the primary ballots of any political party exceed the number of applications for ballot by voters of such political party, the primary ballots of such political party shall be folded and replaced in the ballot box, the box closed, well shaken and again opened and one of the primary judges, who shall be blindfolded, shall draw out so many of the primary ballots of such political party as shall be equal to such excess. Such excess ballots shall be marked "Excess-Not Counted" and signed by a majority of the judges and shall be placed in the "After 6:00 p.m. Defective Ballots Envelope". The number of excess ballots shall be noted in the remarks section of the Certificate of Results. "Excess" ballots shall not be counted in the total of "defective" ballots; (4) The primary judges shall then proceed to count the primary ballots of each political party separately; and as the primary judges shall open and read the primary ballots, 3 of the judges shall carefully and correctly mark upon separate tally sheets the votes which each candidate of the party whose name is written or printed on the primary ballot has received, in a separate column for that purpose, with the name of such candidate, the name of his political party and the name of the office for which he is a candidate for nomination at the head of such column. Where voting machines,
[April 7, 2000] 58 Frederick John Circuit Judge 50 *Fill in either (1), (2) or (3). And so on for each candidate. We hereby certify the above and foregoing to be true and correct. Dated (insert date). ................................... Name Address ................................... Name Address ................................... Name Address ................................... Name Address ................................... Name Address Judges of Primary Where voting machines,
59 [April 7, 2000] authority all the above materials sealed up together and properly endorsed as provided herein. Materials delivered to the election authority which are not in the condition required by this Section shall not be accepted by the election authority until the judges delivering the same make and sign the necessary corrections. Upon acceptance of the materials by the election authority, the judges delivering the same shall take a receipt signed by the election authority and stamped with the time and date of such delivery. The election judges whose duty it is to deliver any materials as above provided shall, in the event such materials cannot be found when needed, on proper request, produce the receipt which they are to take as above provided. The county clerk or board of election commissioners shall deliver a copy of each tally sheet to the county chairmen of the two largest political parties. Where voting machines,
[April 7, 2000] 60 may be, shall govern the procedures followed by the election authority, its judges of elections, and all employees and agents. In following the provisions of Article 24B or Article 24C, the election authority is authorized to develop and implement procedures to fully utilize Precinct Tabulation Optical Scan Technology voting equipment or Direct Recording Electronic Voting Systems equipment authorized by the State Board of Elections as long as the procedure is not in conflict with
61 [April 7, 2000] who are, at the time of the election, or at any time within 60 days prior to such election have been engaged in the military or naval service of the United States, and who appear personally at the polling place on election day and produce to the judges of election satisfactory evidence thereof, but such persons, if otherwise qualified to vote, shall be permitted to vote at such election without previous registration. All such persons shall also make an affidavit which shall be in substantially the following form: State of Illinois,) ) ss. County of ........) ............... Precinct .......... Ward I, ...., do solemnly swear (or affirm) that I am a citizen of the United States, of the age of 18 years or over, and that within the past 60 days prior to the date of this election at which I am applying to vote, I have been engaged in the .... (military or naval) service of the United States; and I am qualified to vote under and by virtue of the Constitution and laws of the State of Illinois, and that I am a legally qualified voter of this precinct and ward except that I have, because of such service, been unable to register as a voter; that I now reside at .... (insert street and number, if any) in this precinct and ward; that I have maintained a legal residence in this precinct and ward for 30 days and in this State 30 days next preceding this election. ......................... Subscribed and sworn to before me on (insert date). ......................... Judge of Election. The affidavit of any such person shall be supported by the affidavit of a resident and qualified voter of any such precinct and ward, which affidavit shall be in substantially the following form: State of Illinois,) ) ss. County of ........) ........... Precinct ........... Ward I, ...., do solemnly swear (or affirm), that I am a resident of this precinct and ward and entitled to vote at this election; that I am acquainted with .... (name of the applicant); that I verily believe him to be an actual bona fide resident of this precinct and ward and that I verily believe that he or she has maintained a legal residence therein 30 days and in this State 30 days next preceding this election. ......................... Subscribed and sworn to before me on (insert date). ......................... Judge of Election. All affidavits made under the provisions of this Section shall be enclosed in a separate envelope securely sealed, and shall be transmitted with the returns of the elections to the county clerk or to the board of election commissioners, who shall preserve the said affidavits for the period of 6 months, during which period such affidavits shall be deemed public records and shall be freely open to examination as such. (Source: P.A. 91-357, eff. 7-29-99.) (10 ILCS 5/17-43) Sec. 17-43. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C of this Code, and the provisions of those Articles
[April 7, 2000] 62 authorized to develop and implement procedures to fully utilize Precinct Tabulation Optical Scan Technology voting equipment or Direct Recording Electronic Voting Systems equipment authorized by the State Board of Elections as long as the procedure is not in conflict with
63 [April 7, 2000] authorized by law to administer oaths. Also supported by an affidavit by a registered voter residing in such precinct, stating his own residence, and that he knows such person; and that he does reside at the place mentioned and has resided in such precinct and state for the length of time as stated by such person, which shall be subscribed and sworn to in the same way. Whereupon the vote of such person shall be received, and entered as other votes. But such judges, having charge of such registers, shall state in their respective books the facts in such case, and the affidavits, so delivered to the judges, shall be preserved and returned to the office of the commissioners of election. Blank affidavits of the character aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oaths without criticism. Such oaths, if administered by any other officer than such judge of election, shall not be received. Whenever a proposal for a constitutional amendment or for the calling of a constitutional convention is to be voted upon at the election, the separate blue ballot or ballots pertaining thereto shall be placed on top of the other ballots to be voted at the election in such manner that the legend appearing on the back thereof, as prescribed in Section 16-6 of this Act, shall be plainly visible to the voter, and in this fashion the ballots shall be handed to the voter by the judge. The voter shall, upon quitting the voting booth, deliver to one of the judges of election all of the ballots, properly folded, which he received. The judge of election to whom the voter delivers his ballots shall not accept the same unless all of the ballots given to the voter are returned by him. If a voter delivers less than all of the ballots given to him, the judge to whom the same are offered shall advise him in a voice clearly audible to the other judges of election that the voter must return the remainder of the ballots. The statement of the judge to the voter shall clearly express the fact that the voter is not required to vote such remaining ballots but that whether or not he votes them he must fold and deliver them to the judge. In making such statement the judge of election shall not indicate by word, gesture or intonation of voice that the unreturned ballots shall be voted in any particular manner. No new voter shall be permitted to enter the voting booth of a voter who has failed to deliver the total number of ballots received by him until such voter has returned to the voting booth pursuant to the judge's request and again quit the booth with all of the ballots required to be returned by him. Upon receipt of all such ballots the judges of election shall enter the name of the voter, and his number, as above provided in this section, and the judge to whom the ballots are delivered shall immediately put the ballots into the ballot box. If any voter who has failed to deliver all the ballots received by him refuses to return to the voting booth after being advised by the judge of election as herein provided, the judge shall inform the other judges of such refusal, and thereupon the ballot or ballots returned to the judge shall be deposited in the ballot box, the voter shall be permitted to depart from the polling place, and a new voter shall be permitted to enter the voting booth. The judge of election who receives the ballot or ballots from the voter shall announce the residence and name of such voter in a loud voice. The judge shall put the ballot or ballots received from the voter into the ballot box in the presence of the voter and the judges of election, and in plain view of the public. The judges having charge of such registers shall then, in a column prepared thereon, in the same line of, the name of the voter, mark "Voted" or the letter "V". No judge of election shall accept from any voter less than the full number of ballots received by such voter without first advising the voter in the manner above provided of the necessity of returning all of the ballots, nor shall any such judge advise such voter in a manner contrary to that which is herein permitted, or in any other manner violate the provisions of this section; provided, that the acceptance by a judge of election of less than the full number of ballots delivered to a voter who refuses to return to the voting booth after being properly advised by such judge shall not be a violation of this
[April 7, 2000] 64 Section. (Source: P.A. 89-653, eff. 8-14-96.) (10 ILCS 5/18-40) Sec. 18-40. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C, and the provisions of those Articles
65 [April 7, 2000] of such applicant, shall verify that each such applicant is a registered voter, and shall verify the precinct in which he or she is registered and the proper ballots of the political subdivisions in which the applicant resides and is entitled to vote, prior to providing any absentee ballot to such applicant. The clerk shall verify the applicant's registration and from the most recent poll list provided by the county clerk, and if the applicant is not listed on that poll list then by telephoning the office of the county clerk. Absentee voting procedures in the office of the municipal, township and road district clerks shall be subject to all of the applicable provisions of this Article 19. Pollwatchers may be appointed to observe in-person absentee voting procedures at the office of the municipal, township or road district clerks' offices where such absentee voting is conducted. Such pollwatchers shall qualify and be appointed in the same manner as provided in Sections 7-34 and 17-23, except each candidate, political party or organization of citizens may appoint only one pollwatcher for each location where in-person absentee voting is conducted. Pollwatchers shall be residents of the county and possess valid pollwatcher credentials. All requirements in this Article applicable to election authorities shall apply to the respective local clerks, except where inconsistent with this Section. In election jurisdictions that deliver absentee ballots to the polling place to be counted by the precinct judges on election day, the sealed absentee ballots in their carrier envelope shall be delivered by the respective clerks, or by the election authority on behalf of a clerk if the clerk and the election authority agree, to the proper polling place before the close of the polls on the day of the general primary, consolidated primary, consolidated, or general election. In election jurisdictions that have adopted a Direct Recording Electronic Voting System under Article 24C and that count absentee ballots in the office of the election authority on election day, the sealed absentee ballots in their carrier envelope shall be delivered to the office of the election authority by the respective clerks before the close of the polls on the day of the general primary, consolidated primary, consolidated, or general election. Not more than 23 days before the
[April 7, 2000] 66 number and description of the precinct in which said ballot is to be voted, and such officer shall thereafter safely keep the same in his office until counted by him as provided in this Article
67 [April 7, 2000] counted under this provision, including comparing the signature on the ballot envelope with the signature of the voter on the permanent voter registration record card taken from the master file; except that votes shall be recorded by
[April 7, 2000] 68 ballots and the vote of any absent voter may be challenged for cause the same as if he were present and voted in person, and the judges of the election or a majority thereof shall have power and authority to hear and determine the legality of such ballot; Provided, however, that if a challenge to any absent voter's right to vote is sustained, notice of the same must be given by the judges of election by mail addressed to the voter's place of residence. Where
69 [April 7, 2000] in election jurisdictions that count absentee ballots in the polling place. Provided, that in election jurisdictions that count absentee ballots in the polling place the election authority may arrange for the judges who conduct such voting on the Monday before the election to deliver the sealed envelope directly to the proper precinct polling place on the day of election and shall announce such procedure in the 30 day notice heretofore prescribed. The judges of election shall also report to the election authority the name of any applicant in the facility who, due to unforeseen circumstance or condition or because of a religious holiday, was unable to vote. In this event, the election authority may appoint a qualified person from his or its staff to deliver the ballot to such applicant on the day of election. This staff person shall follow the same procedures prescribed for judges conducting absentee voting in such facilities; but shall return the ballot to the proper precinct polling place before the polls close. However, if the facility from which the application was made is also used as a regular precinct polling place for that voter, voting procedures heretofore prescribed may be implemented by 2 of the election judges of opposite party affiliation assigned to that polling place during the hours of voting on the day of the election. Judges of election shall be compensated not less than $25.00 for conducting absentee voting in such facilities. Not less than 120 days before each regular election, the Department of Public Health shall certify to the State Board of Elections a list of the facilities licensed or certified pursuant to the Nursing Home Care Act, and shall indicate the approved bed capacity and the name of the chief administrative officer of each such facility, and the State Board of Elections shall certify the same to the appropriate election authority within 20 days thereafter. (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.) (10 ILCS 5/19-15) Sec. 19-15. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C, and the provisions of those Articles
[April 7, 2000] 70 Ballots under this Section shall be mailed by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Ballots voted under this Section must be returned
71 [April 7, 2000] under this Section must be returned
[April 7, 2000] 72 24C shall be counted in the office of the election authority on the day of the election after 7:00 p.m. All absent voters' ballots delivered in error to the wrong precinct polling place shall be returned to the election authority and counted under this provision. Such counting shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. Such counting shall continue until all absent voters' ballots received as aforesaid have been counted. The procedures set forth in Section 19-9 of this Act and Articles 17 and 18 of this Code, shall apply to all absent voters' ballots counted under this provision; except that votes shall be recorded by
73 [April 7, 2000] If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C of this Code, and the provisions of those Articles
[April 7, 2000] 74 (ii) data processing machines that can be used for counting ballots and tabulating results. "Computer operator" means any person or persons designated by the election authority to operate the automatic tabulating equipment during any portion of the vote tallying process in an election, but shall not include judges of election operating vote tabulating equipment in the precinct. "Computer program" or "program" means the set of operating instructions for the automatic or electronic tabulating equipment that examines, records, counts, tabulates, canvasses, and prints votes recorded by a voter on a ballot. "Direct recording electronic voting system", "voting system", or "system" means the combination of equipment and programs that records votes by means of a ballot display provided with mechanical or electro-optical devices that can be activated by the voter, that processes the data by means of a computer program, that records voting data and ballot images in internal memory devices, and that produces a tabulation of the voting data as hard copy or stored in a removable memory device. "Edit listing" means a computer generated listing of the names of each candidate and public question as they appear in the program for each precinct. "In-precinct counting" means the recording and counting of ballots on automatic or electronic tabulating equipment provided by the election authority in the same precinct polling place in which those ballots have been cast. "Separate ballot" means a separate page or display screen of the ballot that is clearly defined and distinguishable from other portions of the ballot. "Voting device" or "voting machine" means a Direct Recording Voting System apparatus. (10 ILCS 5/24C-3 new) Sec. 24C-3. Adoption, experimentation, or abandonment of Direct Recording Electronic Voting System; boundaries of precincts; notice. Except as otherwise provided in Section 24C-20, any county board or board of county commissioners, with respect to territory within its jurisdiction, may adopt, experiment with, or abandon a Direct Recording Electronic Voting System approved for use by the State Board of Elections and may use the system in all or some of the precincts within its jurisdiction, or in combination with punch cards, paper ballots, or ballot sheets. In no case may a county board, board of county commissioners, or board of election commissioners contract or arrange for the purchase, lease, or loan of a Direct Recording Electronic Voting System or system component without the approval of the State Board of Elections as provided by Section 24C-16. The county board and board of county commissioners of each county having a population of 40,000 or more, with respect to all elections for which an election authority is charged with the duty of providing materials and supplies, must provide either a Direct Recording Electronic Voting System approved for use by the State Board of Elections under this Article or voting systems under Article 24, Article 24A, or Article 24B for each precinct for all elections, except as provided in Section 24-1.2. For purposes of this Section "population" does not include persons prohibited from voting by Section 3-5 of this Code. Before any Direct Recording Electronic Voting System is introduced, adopted, or used in any precinct or territory, at least 2 months public notice must be given before the date of the first election when the system is to be used. The election authority shall publish the notice at least once in one or more newspapers published within the county, or other jurisdiction, where the election is held. If there is no such newspaper, the notice shall be published in a newspaper published in the county and having a general circulation within the jurisdiction. The notice shall be substantially as follows: "Notice is hereby given that on (give date), at (insert place where election is held) in the county of (insert county) an election will be held for (insert name of offices to be filled) at which a Direct
75 [April 7, 2000] Recording Electronic Voting System will be used." Dated at ... (insert date)" This notice referred to shall be given only at the first election at which the Direct Recording Electronic Voting System is used. (10 ILCS 5/24C-3.1 new) Sec. 24C-3.1. Retention, consolidation, or alteration of existing precincts; change of location. When a Direct Recording Electronic Voting System is used, the county board or board of election commissioners may retain existing precincts or may consolidate, combine, alter, decrease, or enlarge the boundaries of the precincts to change the number of registered voters of the precincts using the system, establishing the number of registered voters within each precinct at a number not to exceed 800 as the appropriate county board or board of election commissioners determines will afford adequate voting facilities and efficient and economical elections. Except in the event of a fire, flood, or total loss of heat in a place fixed or established pursuant to law by any county board or board of election commissioners as a polling place for an election, no election authority shall change the location of a polling place established for any precinct after notice of the place of holding the election for that precinct has been given as required under Article 12, unless the election authority notifies all registered voters in the precinct of the change in location by first class mail in sufficient time for the notice to be received by the registered voters in the precinct at least one day prior to the date of the election. (10 ILCS 5/24C-4 new) Sec. 24C-4. Use of Direct Recording Electronic Voting System; requisites; applicable procedure. Direct Recording Electronic Voting Systems may be used in elections provided that the systems enable the voter to cast a vote for all offices and on all public questions for which he or she is entitled to vote, and that the systems are approved for use by the State Board of Elections. So far as applicable, the procedure provided for voting paper ballots shall apply when Direct Recording Electronic Voting Systems are used. The provisions of this Article 24C will govern when there are conflicts. (10 ILCS 5/24C-5 new) Sec. 24C-5. Voting booths. In precincts where a Direct Recording Electronic Voting System is used, a sufficient number of voting booths shall be provided for the use of the system according to the requirements determined by the State Board of Elections. Each booth shall be placed so that the entrance to each booth faces a wall in a manner that no judge of election or pollwatcher is able to observe a voter casting a ballot. (10 ILCS 5/24C-5.1 new) Sec. 24C-5.1. Instruction of voters. Before entering the voting booth each voter shall be offered instruction in using the Direct Recording Electronic Voting System. In instructing voters, no election judge may show partiality to any political party or candidate. The duties of instruction shall be discharged by a judge from each of the political parties represented and they shall alternate serving as instructor so that each judge shall serve a like time at those duties. No instructions may be given after the voter has entered the voting booth. No election judge or person assisting a voter may in any manner request, suggest, or seek to persuade or induce any voter to cast his or her vote for any particular ticket, candidate, amendment, question, or proposition. All instructions shall be given by election judges in a manner that it may be observed by other persons in the polling place. (10 ILCS 5/24C-5.2 new) Sec. 24C-5.2. Demonstration of Direct Recording Electronic Voting System; placement in public library. When a Direct Recording Electronic Voting System is to be used in a forthcoming election, the election authority may provide, for the purpose of instructing voters in the election, one demonstrator Direct Recording Electronic Voting System unit for placement in any public library within the political
[April 7, 2000] 76 subdivision where the election occurs. If the placement of a demonstrator takes place it shall be made available at least 30 days before the election. (10 ILCS 5/24C-6 new) Sec. 24C-6. Ballot information; arrangement; absentee ballots; spoiled ballots. The ballot information shall, as far as practicable, be in the order of arrangement provided for paper ballots, except that the information may be in vertical or horizontal rows or on a number of separate pages or display screens. All public questions, including but not limited to public questions calling for a constitutional convention, constitutional amendment, or judicial retention, shall be placed on the ballot separate and apart from candidates. Ballots for all public questions shall be clearly designated pursuant to administrative rule of the State Board of Elections. More than one amendment to the constitution may be placed on the same portion of the ballot screen. Constitutional convention or constitutional amendment propositions shall precede all candidates and other propositions and shall be placed on a separate portion of the ballot and designated by borders or unique color screens, unless otherwise provided by administrative rule of the State Board of Elections. More than one public question may be placed on the same portion of the ballot. Judicial retention propositions shall be placed on a separate portion of the ballot designated pursuant to administrative rule of the State Board of Elections. More than one proposition for retention of judges in office may be placed on the same portion of the ballot. The party affiliation, if any, of each candidate or the word "independent", where applicable, shall appear near or under the candidate's name, and the names of candidates for the same office shall be listed vertically under the title of that office. In the case of nonpartisan elections for officers of political subdivisions, unless the statute or an ordinance adopted pursuant to Article VII of the Illinois Constitution requires otherwise, the listing of nonpartisan candidates shall not include any party or "independent" designation. In primary elections, a separate ballot, shall be used for each political party holding a primary, with the ballot arranged to include names of the candidates of the party and public questions and other propositions to be voted upon on the day of the primary election. If the ballot includes both candidates for office and public questions or propositions to be voted on, the election official in charge of the election shall divide the ballot in sections for "Candidates" and "Public Questions", or separate ballots may be used. Any voter who spoils his or her ballot or makes an error shall be provided a means of correcting the ballot or obtaining a new ballot prior to casting his or her ballot. (10 ILCS 5/24C-6.1 new) Sec. 24C-6.1. Security designation. In all elections conducted under this Article, ballots shall have a security designation. In precincts where more than one ballot configuration may be voted upon, ballots shall have a different security designation for each ballot configuration. If a precinct has only one possible ballot configuration, the ballots must have a security designation to identify the precinct and the election. Where ballots from more than one precinct are being tabulated, the ballots from each precinct must be clearly identified; official results shall not be generated unless the precinct identification for any precinct corresponds. The Direct Recording Electronic Voting System shall be designed to ensure that the proper ballot is selected for each polling place and that the format can be matched to the software or firmware required to interpret it correctly. The system shall provide a means of programming each piece of equipment to reflect the ballot requirements of the election and shall include a means for validating the correctness of the program and of the program's installation in the equipment or in a programmable memory device. (10 ILCS 5/24C-7 new) Sec. 24C-7. Write-in ballots. Pursuant to administrative rule of
77 [April 7, 2000] the State Board of Elections, a Direct Recording Electronic Voting System shall provide an acceptable method for a voter to vote for a person whose name does not appear on the ballot using the same Direct Recording Electronic Voting System used to record votes for candidates whose name do appear on the ballot. (10 ILCS 5/24C-8 new) Sec. 24C-8. Preparation for use; comparison of ballots; operational checks of Direct Recording Electronic Voting Systems equipment; pollwatchers. The election authority shall cause the approved Direct Recording Electronic Voting System equipment to be delivered to the polling places. Before the opening of the polls, all Direct Recording Electronic Voting System devices shall provide a printed record of the following, upon verification of the authenticity of the commands by a judge of election: the election's identification data, the equipment's unit identification, the ballot's format identification, the contents of each active candidate register by office and of each active public question register showing that they contain all zeros, all ballot fields that can be used to invoke special voting options, and other information needed to ensure the readiness of the equipment, and to accommodate administrative reporting requirements. The Direct Recording Electronic Voting System shall provide a means for the election judges to open the polling place and ready the equipment for the casting of ballots. Those means shall incorporate a security seal, a password, or a data code recognition capability to prevent inadvertent or unauthorized actuation of the poll-opening function. If more than one step is required, it shall enforce their execution in the proper sequence. Pollwatchers, as provided by law, shall be permitted to closely observe the judges in these procedures and to periodically inspect the Direct Recording Electronic Voting System equipment when not in use by the voters. (10 ILCS 5/24C-9 new) Sec. 24C-9. Testing of Direct Recording Electronic Voting System equipment and programs; custody of programs, test materials, and ballots. Prior to the public test, the election authority shall conduct an errorless pre-test of the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly detect voting defects and count the votes cast for all offices and all public questions. On any day not less than 5 days prior to the election day, the election authority shall publicly test the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly count the votes cast for all offices and on all public questions. Public notice of the time and place of the test shall be given at least 48 hours before the test by publishing the notice in one or more newspapers within the election jurisdiction of the election authority, if a newspaper is published in that jurisdiction. If a newspaper is not published in that jurisdiction, notice shall be published in a newspaper of general circulation in that jurisdiction. Timely written notice stating the date, time, and location of the public test shall also be provided to the State Board of Elections. The test shall be open to representatives of the political parties, the press, representatives of the State Board of Elections, and the public. The test shall be conducted by entering a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots having votes exceeding the number allowed by law to test the ability of the electronic tabulating equipment to reject the votes. The test shall also include producing an edit listing. The State Board of Elections may select as many election jurisdictions that the Board deems advisable in the interests of the election process of this State to order a special test of the electronic tabulating equipment and program before any regular election. The Board may order a special test in any election jurisdiction where, during the preceding 12 months, computer programming errors or other errors in the use of the system resulted in
[April 7, 2000] 78 vote tabulation errors. Not less than 30 days before any election, the State Board of Elections shall provide written notice to those selected jurisdictions of its intent to conduct a test. Within 5 days of receipt of the State Board of Elections' written notice of intent to conduct a test, the selected jurisdictions shall forward to the principal office of the State Board of Elections a copy of all specimen ballots. The State Board of Elections' tests shall be conducted and completed not less than 2 days before the public test using testing materials supplied by the Board and under the supervision of the Board, and the Board shall reimburse the election authority for the reasonable cost of computer time required to conduct the special test. After an errorless test, materials used in the public test, including the program, if appropriate, shall be sealed and remain sealed until the test is run again on election day. If any error is detected, the cause of the error shall be determined and corrected, and an errorless public test shall be made before the automatic tabulating equipment is approved. Each election authority shall file a sealed copy of each tested program to be used within its jurisdiction at an election with the State Board of Elections before the election. The Board shall secure the program or programs of each election jurisdiction so filed in its office for the 60 days following the canvass and proclamation of election results. At the expiration of that time, if no election contest or appeal is pending in an election jurisdiction, the Board shall return the sealed program or programs to the election authority of the jurisdiction. After the completion of the count, the test shall be re-run using the same program. Immediately after the re-run, all material used in testing the program and the programs shall be sealed and retained under the custody of the election authority for a period of 60 days. At the expiration of that time the election authority shall destroy the voted ballots, together with all unused ballots returned from the precincts, provided, that if any contest of election is pending at the time in which the ballots may be required as evidence and the election authority has notice of the contest, the ballots shall not be destroyed until after the contest is finally determined. If the use of back-up equipment becomes necessary, the same testing required for the original equipment shall be conducted. (10 ILCS 5/24C-10 new) Sec. 24C-10. Recording of votes by Direct Recording Electronic Voting Systems. Whenever a Direct Recording Electronic Voting System is used to electronically record and count the votes of ballots, the provisions of this Section shall apply. A voter shall cast a proper vote on a ballot pursuant to the instructions provided on the screen or labels. (10 ILCS 5/24C-11 new) Sec. 24C-11. Functional requirements. The functional requirements of a Direct Recording Electronic Voting System shall be specified by the administrative rules of the State Board of Elections. (10 ILCS 5/24C-12 new) Sec. 24C-12. Procedures for counting and tallying of ballots. In an election jurisdiction where a Direct Recording Electronic Voting System is used, the procedures in this Section for counting and tallying the ballots shall apply. Before the opening of the polls, the judges of elections shall assemble the voting equipment and devices and turn the equipment on. The judges shall, if necessary, take steps to actuate the voting devices and counting equipment by inserting into the equipment and voting devices appropriate electronic media containing passwords and data codes that will select the proper ballot formats for that polling place and that will prevent inadvertent or unauthorized actuation of the poll-opening function. Before voting begins and before ballots are entered into the voting devices, the judges of election shall cause to be printed a record of the following: (i) the election's identification data, (ii) the device's unit identification, (iii) the ballot's format identification, (iv) the contents of each active candidate register by office and of each active public question register showing that they contain all zeros, (v) all ballot fields that can be used to invoke
79 [April 7, 2000] special voting options, and (vi) other information needed to ensure the readiness of the equipment and to accommodate administrative reporting requirements. The judges must also check to be sure that the totals are all zeros in the counting columns and in the public counter affixed to the voting devices. After the judges have determined that a person is qualified to vote, the judges shall enable a voting device to be used by the voter and the proper ballot to which the voter is entitled shall be selected. The ballot may then be cast by the voter by marking by appropriate means the designated area of the ballot for the casting of a vote for any candidate or for or against any public question. The voter shall be able to vote for any and all candidates and public measures appearing on the ballot in any legal number and combination and the voter shall be able to delete or change his or her selections before the ballot is cast. The voter shall be able to select candidates whose names do not appear upon the ballot for any office by following the instructions provided on the screen or labels as many names of candidates as the voter is entitled to select for each office. Upon completing his or her selection of candidates or public questions, the voter shall signify that voting has been completed by activating the appropriate button, switch, or active area of the ballot screen associated with end of voting. Upon activation, the voting system shall record an image of the completed ballot, shall increment the proper ballot position registers, and shall signify to the voter that the ballot has been cast. The voter shall exit the voting station and the voting system shall prevent any further attempt to vote until it has been re-activated by the judges of election. If the voter fails to cast his or her ballot and leaves the polling place, 2 judges of election, one from each of the 2 major political parties, shall spoil the ballot. Throughout the election day and before the closing of the polls, no person may check any vote totals for any candidate or public question on the voting or counting equipment. The precinct judges of election shall check the public register to determine whether the number of ballots counted by the voting equipment agrees with the number of voters voting as shown by the applications for ballot. If the same do not agree, the judges of election shall immediately contact the offices of the election authority in charge of the election for further instructions. If the number of ballots counted by the voting equipment agrees with the number of voters voting as shown by the application for ballot, the number shall be listed on the "Statement of Ballots" form provided by the election authority. The totals for all candidates and propositions shall be tabulated and 4 copies of a "Certificate of Results" shall be printed by the electronic tabulating equipment. In addition, one copy shall be posted in a conspicuous place inside the polling place and every effort shall be made by the judges of election to provide a copy for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots. Additional copies shall be made available to pollwatchers, but in no case shall there be fewer than 4 chosen by lot by the judges of election. In addition, sufficient time shall be provided by the judges of election to the pollwatchers to allow them to copy information from the copy that has been posted. If instructed by the election authority, the judges of election shall cause the tabulated returns to be transmitted electronically to the offices of the election authority via modem or other electronic medium. The precinct judges of election shall select a bi-partisan team of 2 judges, who shall immediately return the ballots in a sealed container, along with all other election materials and equipment as instructed by the election authority; provided, however, that the container must first be sealed by the election judges with filament tape or other approved sealing devices provided for the purpose in a manner that the ballots cannot be removed from the container without breaking the seal or filament tape and disturbing any signatures
[April 7, 2000] 80 affixed by the election judges to the container. The election authority shall keep the office of the election authority, or any receiving stations designated by the authority, open for at least 12 consecutive hours after the polls close or until the ballots and election material and equipment, as instructed by the election authority, from all precincts within the jurisdiction of the election authority have been returned to the election authority. Ballots and election materials and equipment returned to the office of the election authority that are not signed and sealed as required by law shall not be accepted by the election authority until the judges returning the ballots make and sign the necessary corrections. Upon acceptance of the ballots and election materials and equipment by the election authority, the judges returning the ballots shall take a receipt signed by the election authority and stamped with the time and date of the return. The election judges whose duty it is to return any ballots and election materials and equipment as provided shall, in the event the ballots, materials, or equipment cannot be found when needed, on proper request, produce the receipt that they are to take as above provided. (10 ILCS 5/24C-13 new) Sec. 24C-13. Counting of absentee ballots. All jurisdictions using Direct Recording Electronic Voting Systems shall count absentee ballots at the office of the election authority. The provisions of Sections 24A-9 and 24B-9 shall apply to the testing and notice requirements for central count tabulation equipment, including comparing the signature on the ballot envelope with the signature of the voter on the permanent voter registration record card taken from the master file; except that votes shall be recorded by precinct. Any election authority using a direct recording electronic voting system shall use voting systems approved for use under Articles 16, 24A, or 24B when conducting absentee voting. The absentee ballots shall be examined and processed pursuant to Sections 19-9 and 20-9. The results shall be recorded by precinct and shall become part of the certificate of results. (10 ILCS 5/24C-14 new) Sec. 24C-14. Tabulating votes; direction; presence of public; computer operator's log and canvass. The procedure for tabulating the votes by the Direct Recording Electronic Voting System shall be under the direction of the election authority and shall conform to the requirements of the Direct Recording Electronic Voting System. During any election-related activity using the Direct Recording Electronic Voting System equipment, the election authority shall dedicate the equipment to vote processing to ensure the security and integrity of the system. A reasonable number of pollwatchers shall be admitted to the counting location. Persons may observe the tabulating process at the discretion of the election authority; however, at least one representative of each established political party and authorized agents of the State Board of Elections shall be permitted to observe this process at all times. No persons except those employed and authorized for the purpose shall touch any ballot, ballot box, return, or equipment. The computer operator shall be designated by the election authority and shall be sworn as a deputy of the election authority. In conducting the vote tabulation and canvass, the computer operator must maintain a log which shall include the following information: (1) alterations made to programs associated with the vote counting process; (2) if applicable, console messages relating to the program and the respective responses made by the operator; (3) the starting time for each precinct counted, the number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and (4) changes and repairs made to the equipment during the vote tabulation and canvass. The computer operator's log and canvass shall be available for
81 [April 7, 2000] public inspection in the office of the election authority for a period of 60 days following the proclamation of election results. A copy of the computer operator's log and the canvass shall be transmitted to the State Board of Elections upon its request and at its expense. (10 ILCS 5/24C-15 new) Sec. 24C-15. Official return of precinct; check of totals; audit. The precinct return printed by the Direct Recording Electronic Voting System tabulating equipment shall include the number of ballots cast, ballots cast by each political party for a primary election, and votes cast for each candidate and public question and shall constitute the official return of each precinct. In addition to the precinct return, the election authority shall provide the number of applications for ballots in each precinct, the total number of ballots counted in each precinct for each political subdivision and district, and the number of registered voters in each precinct. The election authority shall check the totals shown by the precinct return and, if there is an obvious discrepancy regarding the total number of votes cast in any precinct, shall have the ballots for that precinct audited to correct the return. The procedures for this audit shall apply prior to and after the proclamation is completed; however, after the proclamation of results, the election authority must obtain a court order to unseal voted ballots except for election contests and discovery recounts. The certificate of results, that has been prepared and signed by the judges of election in the polling place and at the election authority's office after the ballots have been tabulated, shall be the document used for the canvass of votes for the precinct. Whenever a discrepancy exists during the canvass of votes between the unofficial results and the certificate of results, or whenever a discrepancy exists during the canvass of votes between the certificate of results and the set of totals reflected on the certificate of results, the ballots for that precinct shall be audited to correct the return. Prior to the proclamation, the election authority shall test the voting devices and equipment in 5% of the precincts within the election jurisdiction. The precincts to be tested shall be selected after election day on a random basis by the State Board of Elections, so that every precinct in the election jurisdiction has an equal mathematical chance of being selected. The test shall be conducted by entering a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots that have votes in excess of the number allowed by law to test the ability of the equipment to reject those votes. If any error is detected, the cause shall be determined and corrected, and an errorless count shall be made prior to the official canvass and proclamation of election results. The State Board of Elections, the State's Attorney and other appropriate law enforcement agencies, the chairman of the county central committee of each established political party, and qualified civic organizations shall be given prior written notice of the time and place of the test and may be represented at the test. The results of this re-tabulation shall be treated in the same manner and have the same effect as the results of the discovery procedures set forth in Section 22-9.1 of this Code. Upon completion of the test, the election authority shall print a report showing the results of the test and any errors encountered and the report shall be made available for public inspection. (10 ILCS 5/24C-15.01 new) Sec. 24C-15.01. Transporting ballots to central counting station; container. Upon completion of the tabulation, audit, or test of voting equipment, if the election authority so instructs, pursuant to Sections 24C-11 through 24C-15, the voting equipment and ballots from each precinct shall be replaced in the container in which they were transported to the central counting station. If the container is not a type that may be securely locked, then each container, before being transferred from the counting station to storage, shall be sealed with filament tape wrapped around the container lengthwise and crosswise, at
[April 7, 2000] 82 least twice each way, and in a manner that the equipment and ballots cannot be removed from the container without breaking the tape. (10 ILCS 5/24C-15.1 new) Sec. 24B-15.1. Discovery recounts and election contests. Discovery recounts and election contests shall be conducted as otherwise provided for in this Code. The Direct Recording Electronic Voting System equipment shall be tested prior to the discovery recount or election contest as provided in Section 24C-9 and then the official ballots shall be audited. The log of the computer operator and all materials retained by the election authority in relation to vote tabulation and canvass shall be made available for any discovery recount or election contest. (10 ILCS 5/24C-16 new) Sec. 24C-16. Approval of Direct Recording Electronic Voting Systems; requisites. The State Board of Elections shall approve all Direct Recording Electronic Voting Systems provided by this Article. No Direct Recording Electronic Voting System shall be approved unless it fulfills the following requirements: (1) It enables a voter to vote in absolute secrecy, except in the case of voters who receive assistance as provided in this Code. (2) It enables each voter to vote at an election for all persons and offices for whom and for which the voter is lawfully entitled to vote, to vote for as many persons for an office as the voter is entitled to vote for, and to vote for or against any public question upon which the voter is entitled to vote, but no other. (3) It will detect and reject all votes for an office or upon a public question when the voter has cast more votes for the office or upon the public question than he or she is entitled to cast; provided, however, that it will inform a voter that the voter's choices as recorded on the ballot for an office or public question exceeds the number that the voter is entitled to vote for on that office or public question and will offer the voter an opportunity to correct the error before rejecting the choices recorded on the voter's ballot. (4) It will enable each voter in primary elections to vote only for the candidates of the political party with which he or she had declared affiliation and preclude the voter from voting for any candidate of any other political party. (5) It enables a voter to vote a split ticket selected in part from the nominees of one party, in part from the nominees of any or all parties, in part from independent candidates, and in part of candidates whose names are written in by the voter. (6) It enables a voter, at a Presidential election, by a single selection to vote for the candidates of a political party for Presidential electors. (7) It will prevent anyone voting for the same person more than once for the same office. (8) It will record and count accurately each vote properly cast for or against any candidate and for or against any public question, including the names of all candidates whose names are written in by the voters. (9) It will be capable of merging the vote tabulation results produced by other vote tabulation systems, if necessary. (10) It will provide a means for sealing and resealing the vote recording devices to prevent their unauthorized use and to prevent tampering with ballot labels. (11) It will be suitably designed for the purpose used, be durably constructed, and be designed for safety, accuracy, and efficiency. (12) It will be designed to accommodate the needs of elderly, handicapped, and disabled voters. (13) It will enable a voter to vote for a person whose name does not appear on the ballot. (14) It will be designed to ensure that vote recording devices or electronic tabulating equipment that count votes at the
83 [April 7, 2000] precinct will not be capable of reporting vote totals before the close of the polls. (15) It will provide an audit trail. The State Board of Elections is authorized to withdraw its approval of a Direct Recording Electronic Voting System if the system fails to fulfill the above requirements. No vendor, person, or other entity may sell, lease, or loan a Direct Recording Electronic Voting System or system component to any election jurisdiction unless the system or system component is first approved by the State Board of Elections pursuant to this Section. The State Board of Elections shall not accept for testing or approval of any system or system component that has not first been evaluated by an independent testing laboratory or laboratories for performance and reliability using the standards that may from time to time be promulgated by the United States Federal Election Commission. When the functional requirements of this Section are in conflict with the standards promulgated by the Federal Election Commission, the standards of the Federal Election Commission shall govern. (10 ILCS 5/24C-17 new) Sec. 24C-17. Rules; number of voting booths. The State Board of Elections may make reasonable rules for the administration of this Article and may prescribe the number of voting booths required for the various types of voting systems. (10 ILCS 5/24C-18 new) Sec. 24C-18. Specimen ballots; publication. When a Direct Recording Electronic Voting System is used, the election authority shall cause to be published, at least 5 days before the day of each general and general primary election, in 2 or more newspapers published in and having a general circulation in the county, a true and legible copy of the specimen ballot containing the names of offices, candidates, and public questions to be voted on, as near as may be, in the form in which they will appear on the official ballot on election day. A true legible copy may be in the form of an actual size ballot and shall be published as required by this Section if distributed in 2 or more newspapers published and having a general circulation in the county as an insert. For each election prescribed in Article 2A of this Code, specimen ballots shall be made available for public distribution and shall be supplied to the judges of election for posting in the polling place on the day of election. Notice for the consolidated primary and consolidated elections shall be given as provided in Article 12. (10 ILCS 5/24C-19 new) Sec. 24C-19. Additional method of voting. This Article shall be deemed to provide a method of voting in addition to the methods otherwise provided in this Code. (10 ILCS 5/24C-20 new) Sec. 24C-20. Application. This amendatory Act of the 91st General Assembly applies (i) only to elections conducted on or after January 1, 2001 and (ii) only to election jurisdictions in counties with a population of less than 3,000,000 and excluding election commissions created under Article 6 of this Code.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 4 to HOUSE BILL 1841 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2980 A bill for AN ACT in relation to workers' compensation.
[April 7, 2000] 84 Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2980. Senate Amendment No. 2 to HOUSE BILL NO. 2980. Senate Amendment No. 4 to HOUSE BILL NO. 2980. Senate Amendment No. 5 to HOUSE BILL NO. 2980. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2980 on page 1, by replacing lines 19 and 20 with the following: "rate for that case.". AMENDMENT NO. 2. Amend House Bill 2980 on page 1, by replacing line 1 with the following: "AN ACT to amend certain Acts in relation to workplace injuries and diseases."; and on page 1, by replacing lines 4 and 5 with the following: "Section 5. The Workers' Compensation Act is amended by adding Sections 10.1 and 18.5 as follows:"; and on page 1, by inserting after line 20 the following: "(820 ILCS 305/18.5 new) Sec. 18.5. Insurance fraud; employer's standing to seek disposal of claim. After an employee has been convicted of an offense involving a fraudulent workers' compensation claim, an employer has standing before the Industrial Commission for the sole purpose of filing and seeking disposal of the claim. Section 10. The Workers' Occupational Diseases Act is amended by adding Section 18.5 as follows: (820 ILCS 310/18.5 new) Sec. 18.5. Insurance fraud; employer's standing to seek disposal of claim. After an employee has been convicted of an offense involving a fraudulent claim under this Act, an employer has standing before the Industrial Commission for the sole purpose of filing and seeking disposal of the claim.". AMENDMENT NO. 4. Amend House Bill 2980, AS AMENDED, by replacing the title with the following: "AN ACT in relation to medical care savings accounts."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Medical Care Savings Account Act of 2000. Section 3. Programs under prior Act. Programs established under the Medical Care Savings Account Act are subject to and shall be governed by this Act. Section 5. Definitions. In this Act: "Account administrator" means any of the following: (1) A national or state chartered bank, a federal or state chartered savings and loan association, a federal or state chartered savings bank, or a federal or state chartered credit union. (2) A trust company authorized to act as a fiduciary. (3) An insurance company authorized to do business in this State under the Illinois Insurance Code or a health maintenance organization authorized to do business in this State under the Health Maintenance Organization Act. (4) A dealer, salesperson, or investment adviser registered
85 [April 7, 2000] under the Illinois Securities Law of 1953. (5) An administrator as defined in Section 511.101 of the Illinois Insurance Code who is licensed under Article XXXI 1/4 of that Code. (6) A certified public accountant registered under the Illinois Public Accounting Act. (7) An attorney licensed to practice in this State. (8) An employer, if the employer has a self-insured health plan under the federal Employee Retirement Income Security Act of 1974 (ERISA). (9) An employer that participates in the medical care savings account program. "Deductible" means the total deductible for an employee and all the dependents of that employee for a calendar year. "Dependent" means the spouse of the employee or a child of the employee if the child is any of the following: (1) Under 19 years of age, or under 23 years of age and enrolled as a full-time student at an accredited college or university. (2) Legally entitled to the provision of proper or necessary subsistence, education, medical care, or other care necessary for his or her health, guidance, or well-being and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. (3) Mentally or physically incapacitated to the extent that he or she is not self-sufficient. "Domicile" means a place where an individual has his or her true, fixed, and permanent home and principal establishment, to which, whenever absent, he or she intends to return. Domicile continues until another permanent home or principal establishment is established. "Eligible medical expense" means an expense paid by the taxpayer for medical care described in Section 213(d) of the Internal Revenue Code. "Employee" means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. Employee includes a self-employed individual. "Higher deductible" means a deductible subject to a minimum and maximum established for 1999 by the Department of Revenue under the Medical Care Savings Account Act. The minimum and maximum shall be adjusted for 2000 and annually thereafter by the Department of Revenue to reflect increases in the consumer price index for the United States as defined and officially reported by the United States Department of Labor. "Medical care savings account" or "account" means an account established in this State pursuant to a medical care savings account program to pay the eligible medical expenses of an employee and his or her dependents. "Medical care savings account program" or "program" means a program that includes all of the following: (1) The purchase by an employer of a qualified higher deductible health plan for the benefit of an employee and his or her dependents. (2) The contribution on behalf of an employee into a medical care savings account by his or her employer of all or part of the premium differential realized by the employer based on the purchase of a qualified higher deductible health plan for the benefit of the employee. An employer that did not previously provide a health coverage policy, certificate, or contract for his or her employees may contribute all or part of the deductible of the plan purchased pursuant to paragraph (1). A contribution under this paragraph may not exceed the maximum amounts established for 1999 by the Department of Revenue for 2 taxpayers filing a joint return, if each taxpayer has a medical care savings account but neither is covered by the other's health coverage, and for all other cases. The maximum amounts shall be adjusted for 2000 and annually thereafter by the Department of
[April 7, 2000] 86 Revenue to reflect increases in the consumer price index for the United States as defined and officially reported by the United States Department of Labor. (3) An account administrator to administer the medical care savings account from which payment of claims is made. Not more than 30 days after an account administrator begins to administer an account, the administrator shall notify in writing each employee on whose behalf the administrator administers an account of the date of the last business day of the administrator's business year. "Qualified higher deductible health plan" means a health coverage policy, certificate, or contract that provides for payments for covered benefits that exceed the higher deductible and that is purchased by an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account. Section 10. Program offer; tax treatment. (a) For tax years ending on or after December 31, 2000, an employer, except as otherwise provided by statute, contract, or a collective bargaining agreement, may offer a medical care savings account program to the employer's employees. (b) Before making any contribution to an account, an employer that offers a medical care savings account program shall inform all its employees in writing of the federal tax status of contributions made pursuant to this Act. (c) Except as provided in Section 20, principal contributed to and interest earned on a medical care savings account and money reimbursed to an employee for eligible medical expenses are exempt from taxation under the Illinois Income Tax Act as provided in that Act. Section 15. Use of account moneys. (a) The account administrator shall utilize the moneys held in a medical care savings account solely for the purpose of paying the medical expenses of the employee or his or her dependents or to purchase a health coverage policy, certificate, or contract if the employee does not otherwise have health insurance coverage. Moneys held in a medical care savings account may not be used to cover medical expenses of the employee or his or her dependents that are otherwise covered, including but not limited to medical expenses covered pursuant to an automobile insurance policy, workers' compensation insurance policy or self-insured plan, or another health coverage policy, certificate, or contract. (b) The employee may submit documentation of medical expenses paid by the employee in the tax year to the account administrator, and the account administrator shall reimburse the employee from the employee's account for eligible medical expenses. (c) If an employer makes contributions to a medical care savings account program on a periodic installment basis, the employer may advance to an employee, interest free, an amount necessary to cover medical expenses incurred that exceed the amount in the employee's medical care savings account when the expense is incurred if the employee agrees to repay the advance from future installments or when he or she ceases to be an employee of the employer. Section 20. Withdrawals from account. (a) Notwithstanding subsection (b) and subject to subsection (c), an employee may withdraw money from his or her medical care savings account for any purpose other than a purpose described in subsection (a) of Section 15 only on the last business day of the account administrator's business year. Money withdrawn pursuant to this subsection is income for purposes of the Illinois Income Tax Act in the taxable year of the withdrawal, as provided in that Act. (b) Subject to subsection (c), if the employee withdraws money for any purpose other than a purpose described in subsection (a) of Section 15 at any other time, all of the following apply: (1) The amount of the withdrawal is income for purposes of the Illinois Income Tax Act in the taxable year of the withdrawal, as provided in that Act. (2) The administrator shall withhold and on behalf of the
87 [April 7, 2000] employee shall pay a penalty to the Department of Revenue equal to 10% of the amount of the withdrawal. (3) Interest earned on the account during the taxable year in which a withdrawal under this subsection is made is income for purposes of the Illinois Income Tax Act, as provided in that Act. (c) The amount of a disbursement of any assets of a medical care savings account pursuant to a filing for protection under Title 11 of the United States Code, 11 U.S.C. 101 to 1330, by an employee or person for whose benefit the account was established is not considered a withdrawal for purposes of this Section. The amount of a disbursement is not subject to taxation under the Illinois Income Tax Act, and subsection (b) does not apply. (d) Upon the death of the employee, the account administrator shall distribute the principal and accumulated interest of the medical care savings account to the estate of the employee. (e) If (i) an employee is no longer employed by an employer that participates in a medical care savings account program, (ii) the employee, not more than 60 days after his or her final day of employment, transfers the account to a new account administrator or requests in writing to the former employer's account administrator that the account remain with that administrator, and (iii) that account administrator agrees to retain the account, then the money in the medical care savings account may be utilized for the benefit of the employee or his or her dependents subject to this Act and remains exempt from taxation pursuant to this Act. Not more than 30 days after the expiration of the 60 days, if an account administrator has not accepted the former employee's account, the employer shall mail a check to the former employee, at the employee's last known address, for an amount equal to the amount in the account on that day, and that amount is subject to taxation pursuant to subsection (a) of this Section but is not subject to the penalty under paragraph (2) of subsection (b) of this Section. If an employee becomes employed with a different employer that participates in a medical care savings account program, the employee may transfer his or her medical care savings account to that new employer's account administrator. Section 30. Administrator; fiduciary duty. An account administrator shall discharge his or her duties as a fiduciary in a manner consistent with the fiduciary standards required by 29 U.S.C 1104 and shall not engage in any self-dealing transactions in the investment of account assets. Section 85. Repealer. This Act is repealed on January 1, 2010. Section 90. 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)
[April 7, 2000] 88 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; and (D-10) For taxable years ending after December 31, 1997, 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; and by deducting from the total so obtained the sum of the following amounts: (E) Any amount included in such total in respect of any compensation (including but not limited to any compensation paid or accrued to a serviceman while a prisoner of war or missing in action) paid to a resident by reason of being on active duty in the Armed Forces of the United States and in respect of any compensation paid or accrued to a resident who as a governmental employee was a prisoner of war or missing in action, and in respect of any compensation paid to a resident in 1971 or thereafter for annual training performed pursuant to Sections 502 and 503, Title 32, United States Code as a member of the Illinois National Guard; (F) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the Internal Revenue Code, or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto; (G) The valuation limitation amount; (H) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (I) An amount equal to all amounts included in such total pursuant to the provisions of Section 111 of the Internal Revenue Code as a recovery of items previously deducted from adjusted gross income in the computation of taxable income; (J) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act, and conducts substantially all of its operations in an Enterprise Zone or zones; (K) An amount equal to those dividends included in such total that were paid by a corporation that conducts business operations in a federally designated Foreign Trade Zone or Sub-Zone and that is designated a High Impact Business located in Illinois; provided that dividends eligible for the deduction provided in subparagraph (J) of paragraph (2) of
89 [April 7, 2000] 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
[April 7, 2000] 90 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; and (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. 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. (b) Corporations. (1) In general. In the case of a corporation, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest and all distributions received from regulated investment companies during the taxable year to the extent excluded from gross income in the computation of taxable income;
91 [April 7, 2000] (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; and (E-5) For taxable years ending after December 31, 1997, an amount equal to any eligible remediation costs that the corporation deducted in computing adjusted gross income and for which the corporation claims a credit under subsection (l) of Section 201; and by deducting from the total so obtained the sum of the following amounts: (F) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (G) An amount equal to any amount included in such total under Section 78 of the Internal Revenue Code; (H) In the case of a regulated investment company, an amount equal to the amount of exempt interest dividends as defined in subsection (b) (5) of Section 852 of the Internal Revenue Code, paid to shareholders for the taxable year; (I) With the exception of any amounts subtracted under subparagraph (J), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and 265(a)(2) and amounts disallowed as interest expense by Section 291(a)(3) of the Internal Revenue Code, as now or
[April 7, 2000] 92 hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(a)(1) of the Internal Revenue Code, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999
93 [April 7, 2000] 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; and (R) In the case of an attorney-in-fact with respect to whom an interinsurer or a reciprocal insurer has made the election under Section 835 of the Internal Revenue Code, 26 U.S.C. 835, an amount equal to the excess, if any, of the amounts paid or incurred by that interinsurer or reciprocal insurer in the taxable year to the attorney-in-fact over the deduction allowed to that interinsurer or reciprocal insurer with respect to the attorney-in-fact under Section 835(b) of the Internal Revenue Code for the taxable year. (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;
[April 7, 2000] 94 (B) In the case of (i) an estate, $600; (ii) a trust which, under its governing instrument, is required to distribute all of its income currently, $300; and (iii) any other trust, $100, but in each such case, only to the extent such amount was deducted in the computation of taxable income; (C) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year; (D) The amount of any net operating loss deduction taken in arriving at taxable income, other than a net operating loss carried forward from a taxable year ending prior to December 31, 1986; (E) For taxable years in which a net operating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an element of taxable income under paragraph (1) of subsection (e) or subparagraph (E) of paragraph (2) of subsection (e), the amount by which addition modifications other than those provided by this subparagraph (E) exceeded subtraction modifications in such taxable year, with the following limitations applied in the order that they are listed: (i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modification provided in this subparagraph (E) shall be the sum of the amounts computed independently under the preceding provisions of this subparagraph (E) for each such taxable year; (F) For taxable years ending on or after January 1, 1989, an amount equal to the tax deducted pursuant to Section 164 of the Internal Revenue Code if the trust or estate is claiming the same tax for purposes of the Illinois foreign tax credit under Section 601 of this Act; (G) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the extent deducted from gross income in the computation of taxable income; and (G-5) For taxable years ending after December 31, 1997, an amount equal to any eligible remediation costs that the trust or estate deducted in computing adjusted gross income and for which the trust or estate claims a credit under subsection (l) of Section 201; and by deducting from the total so obtained the sum of the following amounts: (H) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the Internal Revenue Code or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto;
95 [April 7, 2000] (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
[April 7, 2000] 96 proceeds from the sale of such assets; provided, further, this paragraph shall only apply to a taxpayer who was the first recipient of such assets after their recovery and who is a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim. The amount of and the eligibility for any public assistance, benefit, or similar entitlement is not affected by the inclusion of items (i) and (ii) of this paragraph in gross income for federal income tax purposes. This paragraph is exempt from the provisions of Section 250. (3) Limitation. The amount of any modification otherwise required under this subsection shall, under regulations prescribed by the Department, be adjusted by any amounts included therein which were properly paid, credited, or required to be distributed, or permanently set aside for charitable purposes pursuant to Internal Revenue Code Section 642(c) during the taxable year. (d) Partnerships. (1) In general. In the case of a partnership, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income for the taxable year; (C) The amount of deductions allowed to the partnership pursuant to Section 707 (c) of the Internal Revenue Code in calculating its taxable income; and (D) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the extent deducted from gross income in the computation of taxable income; and by deducting from the total so obtained the following amounts: (E) The valuation limitation amount; (F) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (G) An amount equal to all amounts included in taxable income as modified by subparagraphs (A), (B), (C) and (D) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (H) Any income of the partnership which constitutes personal service income as defined in Section 1348 (b) (1) of the Internal Revenue Code (as in effect December 31, 1981) or a reasonable allowance for compensation paid or accrued for services rendered by partners to the partnership, whichever is greater; (I) An amount equal to all amounts of income distributable to an entity subject to the Personal Property Tax Replacement Income Tax imposed by subsections (c) and (d) of Section 201 of this Act including amounts distributable to organizations exempt from federal income tax by reason of Section 501(a) of the Internal Revenue Code; (J) With the exception of any amounts subtracted under subparagraph (G), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and
97 [April 7, 2000] 265(2) of the Internal Revenue Code of 1954, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999
[April 7, 2000] 98 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 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
99 [April 7, 2000] 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. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff. 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, eff. 12-23-99; revised 1-5-00.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 5. Amend House Bill 2980, AS AMENDED, by replacing the title with the following: "AN ACT in relation to employment."; and by inserting after Section 90 the following: "Section 95. The Workers' Compensation Act is amended by adding Section 18.5 as follows: (820 ILCS 305/18.5 new) Sec. 18.5. Insurance fraud; employer's standing to seek disposal of claim. After an employee has been convicted of an offense involving a fraudulent workers' compensation claim, an employer has standing before the Industrial Commission for the sole purpose of filing and seeking disposal of the claim. Section 96. The Workers' Occupational Diseases Act is amended by adding Section 18.5 as follows: (820 ILCS 310/18.5 new) Sec. 18.5. Insurance fraud; employer's standing to seek disposal of claim. After an employee has been convicted of an offense involving a fraudulent claim under this Act, an employer has standing before the Industrial Commission for the sole purpose of filing and seeking disposal of the claim.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2, 4 and 5 to HOUSE BILL 2980 was placed on the Calendar on the order of Concurrenc.
[April 7, 2000] 100 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2991 A bill for AN ACT concerning business names. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2991. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2991 on page 1, by deleting lines 9 through 14; and on page 1, lines 15, 20, and 23, by replacing "(b)" each time it appears with "(a)"; and on page 1, line 25, by replacing "(c)" with "(b)"; and on page 1, line 29, by replacing "(d)" with "(c)"; and on page 5, line 26, by replacing "sign,
101 [April 7, 2000] The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2991 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3082 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 21-1.5. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 3082. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 3082 on page 1, line 25 by inserting after "Act." the following: "For purposes of this subsection (b-5), an authorized package includes a package previously authorized under the Illinois Hazardous Materials Transportation Act.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 3082 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3093 A bill for AN ACT concerning tree and soil conservation. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3093. Senate Amendment No. 2 to HOUSE BILL NO. 3093. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3093 by replacing everything after the enacting clause with the following: "Section 5. The Department of Agriculture Law of the Civil Administrative Code of Illinois is amended by adding Section 205-440 as
[April 7, 2000] 102 follows: (20 ILCS 205/205-440 new) Sec. 205-440. Tree buffer programs. The Department of Agriculture shall (i) give guidance to organized buffer initiatives regarding the State agencies and State resources of relevance to implementation of the programs and (ii) aid in the promotion of and public dissemination of information about organized buffer initiatives. Section 10. The Rivers, Lakes, and Streams Act is amended by changing Section 29a as follows: (615 ILCS 5/29a) (from Ch. 19, par. 78) Sec. 29a. Construction permits; maintenance and repairs; clear cutting. (a) After July 1, 1985, no person, State agency, or unit of local government shall undertake construction in a public body of water or in a stream without a permit from the Department of Natural Resources. No permit shall be required in a stream which is not a public body of water, draining less than one square mile in an urban area or less than ten square miles in a rural area. No permits shall be required for field tile systems, tile outlet structures, terraces, water and sediment control basins, grade stabilization structures, or grassed waterways which do not obstruct flood flows. Any artificially improved stream channel, drainage ditch, levee, or pumping station existing in serviceable condition on July 1, 1985 may be maintained and repaired to preserve design capacity and function without a permit. Maintenance and repair of improved channels, ditches or levees shall follow accepted practices to reduce, as practical, scour, erosion, sedimentation, escape of loose material and debris, disturbance of adjacent trees and vegetation, and obstruction of flood flows. (b) No person, State agency, or unit of local government, except (i) a unit of local government with a population greater than 500,000 and (ii) a commercial or industrial facility, the operation of which falls under the regulatory jurisdiction of the United States Army Corps of Engineers or the United States Coast Guard under Section 10 of the Federal Rivers and Harbors Act, may clear cut trees within 15 yards of waters listed by the Department under Section 5 as navigable, except as follows: (1) for the purpose of improving, maintaining, repairing, constructing, or reconstructing any highway, road, bridge, culvert, drainage structure, drainage facility, or grade separation under the jurisdiction of the Illinois Department of Transportation or any municipality, public water facility, road district, highway commissioner, or drainage district; (2) for maintenance and improvement of drainage of or on agricultural land; and (3) for the purpose of improving, maintaining, repairing, constructing, or reconstructing any facility for the distribution, transmission, or generation of electricity. For the purpose of this subsection, "clear cutting" means the complete removal of mature or established trees covering an area of 400 square yards or more of which leaves less than 50% of the existing forest cover. "Clear cutting" does not include any of the following: (1) The removal of brush or woody debris. (2) The selective cutting of diseased, dying, or dead trees. (3) The selective cutting of individual trees for the purpose of home construction. (4) The selective cutting of individual trees that pose a threat to private property. (5) The clearing of trees for restoration purposes to include: (i) removal of non-native tree species and the subsequent reestablishment of native tree species; (ii) thinning of trees for the purposes of encouraging the growth of preferential tree species; (iii) restoration of wetlands, prairies, or other natural areas that will not cause or contribute to streambank destabilization.
103 [April 7, 2000] (6) The removal of trees or woody vegetation pursuant to any State or Federal conservation plan contracts, or when approved by the U.S. Army Corps of Engineers and the Department. The Department of Natural Resources may adopt rules for the administration of this subsection and shall adopt rules permitting a municipality with a population of 500,000 or less to petition the Department of Natural Resources to permit clear cutting to accommodate necessary socioeconomic development projects. (Source: P.A. 89-445, eff. 2-7-96.)". AMENDMENT NO. 2. Amend House Bill 3093, AS AMENDED, by inserting below the last line of Section 5 the following: "Section 7. The Property Tax Code is amended by adding Section 10-153 as follows: (35 ILCS 200/10-153 new) Sec. 10-153. Non-clear cut assessment. Land that (i) is not located in a unit of local government with a population greater than 500,000, (ii) is located within 15 yards of waters listed by the Department of Natural Resources under Section 5 of the Rivers, Lakes, and Streams Act as navigable, and (iii) has not been clear cut of trees, as defined in Section 29a of the Rivers, Lakes, and Streams Act, shall be valued at 1/12th of its productivity index equalized assessed value as cropland.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3093 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3457 A bill for AN ACT to amend the Environmental Protection Act. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3457. Senate Amendment No. 2 to HOUSE BILL NO. 3457. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3457 by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Sections 3.78a and 58.5 and by adding Section 58.17 as follows: (415 ILCS 5/3.78a) Sec. 3.78a. "Clean construction or demolition debris" means uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt pavement, or soil generated from construction or demolition activities. Clean construction or demolition debris does not include uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads provided the uncontaminated soil is not
[April 7, 2000] 104 commingled with any clean construction or demolition debris or other waste. To the extent allowed by federal law, clean construction or demolition debris shall not be considered "waste" if it is
105 [April 7, 2000] objectives shall be established at exposures that represent an excess upper-bound lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as appropriate for the post-remedial action use, except that remediation objectives protecting residential use shall be based on exposures that represent an excess upper-bound lifetime risk of 1 in 1,000,000. No groundwater remediation objective adopted pursuant to this Section shall be more restrictive than the applicable Class I or Class III Groundwater Quality Standard adopted by the Board. At a minimum, the objectives shall include the following: (1) Tier I remediation objectives expressed as a table of numeric values for soil and groundwater. Such objectives may be of different values dependent on potential pathways at the site and different land uses, including residential and nonresidential uses. (2) Tier II remediation objectives shall include the formulae and equations used to derive the Tier II objectives and input variables for use in the formulae. The RA may alter the input variables when it is demonstrated that the specific circumstances at and around the site including land uses warrant such alternate variables. (3) Tier III remediation objectives shall include methodologies to allow for the development of site-specific risk-based remediation objectives for soil or groundwater, or both, for regulated substances. Such methodology shall allow for different remediation objectives for residential and various categories of non-residential land uses. The Board's future adoption of a methodology pursuant to this Section shall in no way preclude the use of a nationally recognized methodology to be used for the development of site-specific risk-based objectives for regulated substances under this Section. In determining Tier III remediation objectives under this subsection, all of the following factors shall be considered: (A) The use of specific site characteristic data. (B) The use of appropriate exposure factors for the current and currently planned future land use of the site and adjacent property and the effectiveness of engineering, institutional, or legal controls placed on the current or future use of the site. (C) The use of appropriate statistical methodologies to establish statistically valid remediation objectives. (D) The actual and potential impact of regulated substances to receptors. (4) For regulated substances that have a groundwater quality standard established pursuant to the Illinois Groundwater Protection Act and rules promulgated thereunder, site specific groundwater remediation objectives may be proposed under the methodology established in subdivision (d) (3) of this Section at values greater than the groundwater quality standards. (A) The RA proposing any site specific groundwater remediation objective at a value greater than the applicable groundwater quality standard shall demonstrate: (i) To the extent practical, the exceedance of the groundwater quality standard has been minimized and beneficial use appropriate to the groundwater that was impacted has been returned; and (ii) Any threat to human health or the environment has been minimized. (B) The rules proposed by the Agency and adopted by the Board under this Section shall include criteria required for the demonstration of the suitability of groundwater objectives proposed under subdivision (b) (4) (A) of this Section. (e) The rules proposed by the Agency and adopted by the Board under this Section shall include conditions for the establishment and duration of groundwater management zones by rule, as appropriate, at sites undergoing remedial action under this Title. (f) Until such time as the Board adopts remediation objectives under this Section, the remediation objectives adopted by the Board
[April 7, 2000] 106 under Title XVI of this Act shall apply to all environmental assessments and soil or groundwater remedial action conducted under this Title. (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-626, eff. 8-9-96.) (415 ILCS 5/58.17 new) Sec. 58.17. Environmental Land Use Control. No later than 2 months after the effective date of this amendatory Act of the 91st General Assembly, the Agency, after consideration of the recommendations of the Regulations and Site Remediation Advisory Committee, shall propose rules creating an instrument to be known as the Environmental Land Use Control (ELUC). Within 6 months after receipt of the Agency's proposed rules, the Board shall adopt, pursuant to Section 27 and 28 of this Act, rules creating the ELUC that establish land use limitations or obligations on the use of real property when necessary to manage risk to human health or the environment arising from contamination left in place pursuant to the procedures set forth in Section 58.5 of this Act or 35 Ill. Adm. Code 742. The rules shall include provisions addressing establishment, content, recording, duration, and enforcement of ELUCs.". AMENDMENT NO. 2. Amend House Bill 3457, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 2, by replacing lines 10 through 14 with the following: "area shaped so as to blend into an extension of the surrounding topography or an above-grade manmade functional structure not to exceed 20 feet in height, provided that the area or structure shall be covered with sufficient soil materials to sustain vegetation or by a road or structure, and further provided that no such area or structure shall be constructed within a home rule municipality with a population over 500,000.";and on page 7, in line 1, by replacing "ELUCs." with the following: "ELUCs. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3457 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3455 A bill for AN ACT to amend the Environmental Health Practitioner Licensing Act. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 3455. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 3455, on page 2, by replacing lines 24 through 27 with the following:
107 [April 7, 2000] "3-year term.
[April 7, 2000] 108 Crossing Protection Fund moneys for pedestrian walkways."; and on page 8, below line 18, by inserting the following: "Section 10. The Illinois Vehicle Code is amended by changing Section 18c-7401 as follows: (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) Sec. 18c-7401. Safety Requirements for Track, Facilities, and Equipment. (1) General Requirements. Each rail carrier shall, consistent with rules, orders, and regulations of the Federal Railroad Administration, construct, maintain, and operate all of its equipment, track, and other property in this State in such a manner as to pose no undue risk to its employees or the person or property of any member of the public. (2) Adoption of Federal Standards. The track safety standards and accident/incident standards promulgated by the Federal Railroad Administration shall be safety standards of the Commission. The Commission may, in addition, adopt by reference in its regulations other federal railroad safety standards, whether contained in federal statutes or in regulations adopted pursuant to such statutes. (3) Railroad Crossings. No public road, highway, or street shall hereafter be constructed across the track of any rail carrier at grade, nor shall the track of any rail carrier be constructed across a public road, highway or street at grade, without having first secured the permission of the Commission; provided, that this Section shall not apply to the replacement of lawfully existing roads, highways and tracks. No public pedestrian bridge or subway shall be constructed across the track of any rail carrier without having first secured the permission of the Commission. The Commission shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe. The Commission shall have power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each such crossing. The Commission shall also have power, after a hearing, to require major alteration of or to abolish any crossing, heretofore or hereafter established, when in its opinion, the public safety requires such alteration or abolition, and, except in cities, villages and incorporated towns of 1,000,000 or more inhabitants, to vacate and close that part of the highway on such crossing altered or abolished and cause barricades to be erected across such highway in such manner as to prevent the use of such crossing as a highway, when, in the opinion of the Commission, the public convenience served by the crossing in question is not such as to justify the further retention thereof; or to require a separation of grades, at railroad-highway grade
109 [April 7, 2000] preserve or promote the safety or convenience of the public or of the employees or passengers of such rail carrier or carriers. By its original order or supplemental orders in such case, the Commission may direct such reconstruction, alteration, relocation, or improvement to be made in such manner and upon such terms and conditions as may be reasonable and necessary and may apportion the cost of such reconstruction, alteration, relocation or improvement and the subsequent maintenance thereof, having regard to the benefits, if any, accruing to the railroad or any party in interest, between the rail carrier or carriers and public utilities affected, or between such carrier or carriers and public utilities and the State, county, municipality or other public authority in interest. The cost to be so apportioned shall include the cost of changes or alterations in the equipment of public utilities affected as well as the cost of the relocation, diversion or establishment of any public highway, made necessary by such reconstruction, alteration, relocation or improvement of said crossing. A hearing shall not be required in those instances when the Commission enters an order confirming a written stipulation in which the Commission, the public highway authority or other public authority in interest, the rail carrier or carriers affected, and in instances involving the use of the Grade Crossing Protection Fund, the Illinois Department of Transportation, agree on the reconstruction, alteration, relocation, or improvement and the subsequent maintenance thereof and the division of costs of such changes of any grade crossing (including the necessary highway approaches thereto) of any railroad across any highway, pedestrian bridge, or pedestrian subway. Every rail carrier operating in the State of Illinois shall construct and maintain every highway crossing over its tracks within the State so that the roadway at the intersection shall be as flush with the rails as superelevated curves will allow, and, unless otherwise ordered by the Commission, shall construct and maintain the approaches thereto at a grade of not more than 5% within the right of way for a distance of not less the 6 feet on each side of the centerline of such tracks; provided, that the grades at the approaches may be maintained in excess of 5% only when authorized by the Commission. Every rail carrier operating within this State shall remove from its right of way at all railroad-highway grade crossings within the State, such brush, shrubbery, and trees as is reasonably practical for a distance of not less than 500 feet in either direction from each grade crossing. The Commission shall have power, upon its own motion, or upon complaint, and after having made proper investigation, to require the installation of adequate and appropriate luminous reflective warning signs, luminous flashing signals, crossing gates illuminated at night, or other protective devices in order to promote and safeguard the health and safety of the public. Luminous flashing signal or crossing gate devices installed at grade crossings, which have been approved by the Commission, shall be deemed adequate and appropriate. The Commission shall have authority to determine the number, type, and location of such signs, signals, gates, or other protective devices which, however, shall conform as near as may be with generally recognized national standards, and the Commission shall have authority to prescribe the division of the cost of the installation and subsequent maintenance of such signs, signals, gates, or other protective devices between the rail carrier or carriers, the public highway authority or other public authority in interest, and in instances involving the use of the Grade Crossing Protection Fund, the Illinois Department of Transportation. No railroad may change or modify the warning device system at a railroad-highway grade crossing, including warning systems interconnected with highway traffic control signals, without having first received the approval of the Commission. The Commission shall have the further power, upon application, upon its own motion, or upon complaint and after having made proper investigation, to require the interconnection of grade crossing warning devices with traffic control signals at highway intersections located at or near railroad crossings
[April 7, 2000] 110 within the distances described by the State Manual on Uniform Traffic Control Devices adopted pursuant to Section 11-301 of this Code. In addition, State and local authorities may not install, remove, modernize, or otherwise modify traffic control signals at a highway intersection that is interconnected or proposed to be interconnected with grade crossing warning devices when the change affects the number, type, or location of traffic control devices on the track approach leg or legs of the intersection or the timing of the railroad preemption sequence of operation until the Commission has approved the installation, removal, modernization, or modification. Commission approval shall be limited to consideration of issues directly affecting the public safety at the railroad-highway grade crossing. The electrical circuit devices, alternate warning devices, and preemption sequences shall conform as nearly as possible, considering the particular characteristics of the crossing and intersection area, to the State manual adopted by the Illinois Department of Transportation pursuant to Section 11-301 of this Code and such federal standards as are made applicable by subsection (2) of this Section. In order to carry out this authority, the Commission shall have the authority to determine the number, type, and location of traffic control devices on the track approach leg or legs of the intersection and the timing of the railroad preemption sequence of operation. The Commission shall prescribe the division of costs for installation and maintenance of all devices required by this paragraph between the railroad or railroads and the highway authority in interest and in instances involving the use of the Grade Crossing Protection Fund or a State highway, the Illinois Department of Transportation. Any person who unlawfully or maliciously removes, throws down, damages or defaces any sign, signal, gate or other protective device, located at or near any public grade crossing, shall be guilty of a petty offense and fined not less than $50 nor more than $200 for each offense. In addition to fines levied under the provisions of this Section a person adjudged guilty hereunder may also be directed to make restitution for the costs of repair or replacement, or both, necessitated by his misconduct. It is the public policy of the State of Illinois to enhance public safety by establishing safe grade crossings. In order to implement this policy, the Illinois Commerce Commission is directed to conduct public hearings and to adopt specific criteria by July 1, 1994, that shall be adhered to by the Illinois Commerce Commission in determining if a grade crossing should be opened or abolished. The following factors shall be considered by the Illinois Commerce Commission in developing the specific criteria for opening and abolishing grade crossings: (a) timetable speed of passenger trains; (b) distance to an alternate crossing; (c) accident history for the last 5 years; (d) number of vehicular traffic and posted speed limits; (e) number of freight trains and their timetable speeds; (f) the type of warning device present at the grade crossing; (g) alignments of the roadway and railroad, and the angle of intersection of those alignments; (h) use of the grade crossing by trucks carrying hazardous materials, vehicles carrying passengers for hire, and school buses; and (i) use of the grade crossing by emergency vehicles. The Illinois Commerce Commission, upon petition to open or abolish a grade crossing, shall enter an order opening or abolishing the crossing if it meets the specific criteria adopted by the Commission. Except as otherwise provided in this subsection (3), in no instance shall a grade crossing be permanently closed without public hearing first being held and notice of such hearing being published in an area newspaper of local general circulation. (4) Freight Trains - Radio Communications. The Commission shall after hearing and order require that every main line railroad freight train operating on main tracks outside of yard limits within this State
111 [April 7, 2000] shall be equipped with a radio communication system. The Commission after notice and hearing may grant exemptions from the requirements of this Section as to secondary and branch lines. (5) Railroad Bridges and Trestles - Walkway and Handrail. In cases in which the Commission finds the same to be practical and necessary for safety of railroad employees, bridges and trestles, over and upon which railroad trains are operated, shall include as a part thereof, a safe and suitable walkway and handrail on one side only of such bridge or trestle, and such handrail shall be located at the outer edge of the walkway and shall provide a clearance of not less than 8 feet, 6 inches, from the center line of the nearest track, measured at right angles thereto. (6) Packages Containing Articles for First Aid to Injured on Trains. All rail carriers shall provide a package containing the articles prescribed by the Commission, on each train or engine, for first aid to persons who may be injured in the course of the operation of such trains. (7) Abandoned Bridges, Crossings, and Other Rail Plant. The Commission shall have authority, after notice and hearing, to order: (a) The removal of any abandoned railroad tracks from roads, streets or other thoroughfares in this State; and (b) The removal of abandoned overhead railroad structures crossing highways, waterways, or railroads. The Commission may equitably apportion the cost of such actions between the rail carrier or carriers, public utilities, and the State, county, municipality, township, road district, or other public authority in interest. (8) Railroad-Highway Bridge Clearance. A vertical clearance of not less than 23 feet above the top of rail shall be provided for all new or reconstructed highway bridges constructed over a railroad track. The Commission may permit a lesser clearance if it determines that the 23 foot clearance standard cannot be justified based on engineering, operational, and economic conditions. (Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3476 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3588 A bill for AN ACT in relation to health care. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3588. Senate Amendment No. 2 to HOUSE BILL NO. 3588. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3588 on page 1, immediately below line 9, by inserting the following:
[April 7, 2000] 112 "Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 3588, AS AMENDED, by replacing the title with the following: "AN ACT concerning health care facilities."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Health Facilities Planning Act is amended by changing Section 3 as follows: (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153) (Text of Section before amendment by P.A. 91-656) Sec. 3. As used in this Act: "Health care facilities" means and includes the following facilities and organizations: 1. An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act; 2. An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act; 3. Any institution required to be licensed pursuant to the Nursing Home Care Act; 4. Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof; and 5. Kidney disease treatment centers, including a free-standing hemodialysis unit. No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing by prayer or spiritual means. No facility licensed under the Supportive Residences Licensing Act shall be subject to the provisions of this Act. A facility designated as a supportive living facility that is in good standing with the demonstration project established under Section 5-5.01a of the Illinois Public Aid Code shall not be subject to the provisions of this Act. This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act. However, if a demonstration project under that Act applies for a certificate of need to convert to a nursing facility, it shall meet the licensure and certificate of need requirements in effect as of the date of application. With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group. Further, this Act shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups. This Act shall apply to construction or modification and to establishment by such health care facility of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible for such action or attendant financial obligation. "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof. "Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever
113 [April 7, 2000] has been a member of the immediate family of the person defined by (a), (b), or (c). "State Board" means the Health Facilities Planning Board. "Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum; however, any expenditure made by or on behalf of a health care facility for the development, operation, or both of a facility licensed under the Assisted Living and Shared Housing Act is exempt from any State Board review. "Establish" means the construction of a health care facility or the replacement of an existing facility on another site. "Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act. In determining whether medical equipment has a value in excess of the capital expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of such equipment shall be included. "Capital Expenditure" means an expenditure: (A) made by or on behalf of a health care facility (as such a facility is defined in this Act); and (B) which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and which exceeds the capital expenditure minimum. For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in determining if such expenditure exceeds the capital expenditures minimum. Donations of equipment or facilities to a health care facility which if acquired directly by such facility would be subject to review under this Act shall be considered capital expenditures, and a transfer of equipment or facilities for less than fair market value shall be considered a capital expenditure for purposes of this Act if a transfer of the equipment or facilities at fair market value would be subject to review. "Capital expenditure minimum" means $1,000,000 for major medical equipment and $2,000,000 for all other capital expenditures, both of which shall be annually adjusted to reflect the increase in construction costs due to inflation. "Areawide" means a major area of the State delineated on a geographic, demographic, and functional basis for health planning and for health service and having within it one or more local areas for health planning and health service. The term "region", as contrasted with the term "subregion", and the word "area" may be used synonymously with the term "areawide". "Local" means a subarea of a delineated major area that on a geographic, demographic, and functional basis may be considered to be part of such major area. The term "subregion" may be used synonymously with the term "local". "Areawide health planning organization" or "Comprehensive health planning organization" means the health systems agency designated by the Secretary, Department of Health and Human Services or any successor
[April 7, 2000] 114 agency. "Local health planning organization" means those local health planning organizations that are designated as such by the areawide health planning organization of the appropriate area. "Physician" means a person licensed to practice in accordance with the Medical Practice Act of 1987, as amended. "Licensed health care professional" means a person licensed to practice a health profession under pertinent licensing statutes of the State of Illinois. "Director" means the Director of the Illinois Department of Public Health. "Agency" means the Illinois Department of Public Health. "Comprehensive health planning" means health planning concerned with the total population and all health and associated problems that affect the well-being of people and that encompasses health services, health manpower, and health facilities; and the coordination among these and with those social, economic, and environmental factors that affect health. "Alternative health care model" means a facility or program authorized under the Alternative Health Care Delivery Act. (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff. 7-1-97.) (Text of Section after amendment by P.A. 91-656) Sec. 3. As used in this Act: "Health care facilities" means and includes the following facilities and organizations: 1. An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act; 2. An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act; 3. Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act; 4. Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof; and 5. Kidney disease treatment centers, including a free-standing hemodialysis unit. No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing by prayer or spiritual means. No facility licensed under the Supportive Residences Licensing Act or the Assisted Living and Shared Housing Act shall be subject to the provisions of this Act. A facility designated as a supportive living facility that is in good standing with the demonstration project established under Section 5-5.01a of the Illinois Public Aid Code shall not be subject to the provisions of this Act. This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act. However, if a demonstration project under that Act applies for a certificate of need to convert to a nursing facility, it shall meet the licensure and certificate of need requirements in effect as of the date of application. This Act shall not apply to the closure of an entity or a portion of an entity licensed under the Nursing Home Care Act that elects to convert, in whole or in part, to an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Establishment Act. With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group. Further, this Act shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under
115 [April 7, 2000] contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups. This Act shall apply to construction or modification and to establishment by such health care facility of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible for such action or attendant financial obligation. "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof. "Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c). "State Board" means the Health Facilities Planning Board. "Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum; however, any expenditure made by or on behalf of a health care facility for the development, operation, or both of a facility licensed under the Assisted Living and Shared Housing Act is exempt from any State Board review. "Establish" means the construction of a health care facility or the replacement of an existing facility on another site. "Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act. In determining whether medical equipment has a value in excess of the capital expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of such equipment shall be included. "Capital Expenditure" means an expenditure: (A) made by or on behalf of a health care facility (as such a facility is defined in this Act); and (B) which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and which exceeds the capital expenditure minimum. For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in determining if such expenditure exceeds the capital expenditures minimum. Donations of equipment or facilities to a health care facility which if acquired directly by such facility would be subject to review under this Act shall be considered capital expenditures, and a transfer of equipment or facilities for less than fair market value shall be considered a capital expenditure for purposes of this Act if a transfer of the equipment or facilities at fair market value would be subject to
[April 7, 2000] 116 review. "Capital expenditure minimum" means $1,000,000 for major medical equipment and $2,000,000 for all other capital expenditures, both of which shall be annually adjusted to reflect the increase in construction costs due to inflation. "Areawide" means a major area of the State delineated on a geographic, demographic, and functional basis for health planning and for health service and having within it one or more local areas for health planning and health service. The term "region", as contrasted with the term "subregion", and the word "area" may be used synonymously with the term "areawide". "Local" means a subarea of a delineated major area that on a geographic, demographic, and functional basis may be considered to be part of such major area. The term "subregion" may be used synonymously with the term "local". "Areawide health planning organization" or "Comprehensive health planning organization" means the health systems agency designated by the Secretary, Department of Health and Human Services or any successor agency. "Local health planning organization" means those local health planning organizations that are designated as such by the areawide health planning organization of the appropriate area. "Physician" means a person licensed to practice in accordance with the Medical Practice Act of 1987, as amended. "Licensed health care professional" means a person licensed to practice a health profession under pertinent licensing statutes of the State of Illinois. "Director" means the Director of the Illinois Department of Public Health. "Agency" means the Illinois Department of Public Health. "Comprehensive health planning" means health planning concerned with the total population and all health and associated problems that affect the well-being of people and that encompasses health services, health manpower, and health facilities; and the coordination among these and with those social, economic, and environmental factors that affect health. "Alternative health care model" means a facility or program authorized under the Alternative Health Care Delivery Act. (Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.) Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3588 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3621 A bill for AN ACT in relation to tobacco settlement proceeds. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
117 [April 7, 2000] Senate Amendment No. 1 to HOUSE BILL NO. 3621. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3621 by replacing everything after the enacting clause with the following: "Section 5. The Attorneys Lien Act is amended by changing Section 1 and adding Section 2 as follows: (770 ILCS 5/1) (from Ch. 13, par. 14) Sec. 1. Except as provided in Section 2, attorneys at law shall have a lien upon all claims, demands and causes of action, including all claims for unliquidated damages, which may be placed in their hands by their clients for suit or collection, or upon which suit or action has been instituted, for the amount of any fee which may have been agreed upon by and between such attorneys and their clients, or, in the absence of such agreement, for a reasonable fee, for the services of such suits, claims, demands or causes of action, plus costs and expenses. To enforce such lien, such attorneys shall serve notice in writing, which service may be made by registered or certified mail, upon the party against whom their clients may have such suits, claims or causes of action, claiming such lien and stating therein the interest they have in such suits, claims, demands or causes of action. Such lien shall attach to any verdict, judgment or order entered and to any money or property which may be recovered, on account of such suits, claims, demands or causes of action, from and after the time of service of the notice. On petition filed by such attorneys or their clients any court of competent jurisdiction shall, on not less than 5 days' notice to the adverse party, adjudicate the rights of the parties and enforce the lien. (Source: P.A. 86-1156; 87-425.) (770 ILCS 5/2 new) Sec. 2. Tobacco settlement agreement. (a) In this Section, "tobacco settlement agreement" means the Master Settlement Agreement in the case of People of the State of Illinois v. Philip Morris et al. (Circuit Court of Cook County, No. 96-L13146). The term also includes any settlement with or judgment against a tobacco product manufacturer not participating in that Master Settlement Agreement, if the settlement or judgment is in satisfaction of a released claim as that term is defined in the Master Settlement Agreement. (b) This Act does not apply to any claim, demand, cause of action, or action that results in a tobacco settlement agreement. A lien is not created under this Act for the whole or any part of the amount of any fee that may have been agreed upon by and between an attorney and his or her client with respect to such a claim, demand, cause of action, or action, regardless of whether a notice claiming such a lien is served before, on, or after the effective date of this amendatory Act of the 91st General Assembly. A lien does not attach under this Act to any settlement or judgment that is the subject of a tobacco settlement agreement, nor does a lien attach under this Act to any money or property recovered pursuant to such a settlement or judgment, regardless of whether a notice claiming such a lien is served before, on, or after the effective date of this amendatory Act of the 91st General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3621 was placed on the Calendar on the order of Concurrenc.
[April 7, 2000] 118 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3756 A bill for AN ACT in relation to pensions. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3756. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3756 by replacing the title with the following: "AN ACT in relation to public employee benefits."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Section 17-142.1 as follows: (40 ILCS 5/17-142.1) (from Ch. 108 1/2, par. 17-142.1) Sec. 17-142.1. To defray health insurance costs. To provide for the partial reimbursement of health insurance costs. (1) On the first day of September of each year, beginning in 1988, the Board may, by separate warrant, pay to each recipient of a service retirement, disability retirement or survivor's pension an amount to be determined by the Board, which shall represent partial reimbursement for the cost of the recipient's health insurance coverage. (2) In lieu of the annual payment authorized in subdivision (1), for pensioners enrolled in the Fund's regular health care deduction plans, the Fund may pay the health insurance premium reimbursement on a monthly rather than annual basis, at the percentage rate established from time to time by the Board. If the Board so directs, these monthly payments may be made in the form of a direct payment of premium and a reduction in the amount deducted from the annuity, rather than in the form of reimbursement by separate warrant. (3) Total payments under this Section in any year may not exceed $40,000,000
119 [April 7, 2000] Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3928 A bill for AN ACT concerning factory built housing. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3928. Senate Amendment No. 2 to HOUSE BILL NO. 3928. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3928 as follows: on page 4, line 7, by replacing "10" with "11"; and on page 4, line 15, by deleting "and"; and on page 4, by replacing line 17 with the following: "homes; and (ix) one individual who works with consumer financing."; and on page 5, by replacing lines 4 through 15 with the following: "(f) The Department must promulgate rules to implement this Act. Section 45. Penalties. The Department may revoke a license issued under this Act for a period not to exceed 6 months. A licensee is entitled to a hearing in accordance with the Illinois Administrative Procedure Act prior to a revocation of license. Section 50. Injunctive relief. If the Department finds that any installer or manufacturer is operating without a valid license, the Director of the Department may request that the Attorney General file a complaint in circuit court in the name of the People of the State of Illinois to enjoin that installer or manufacturer from engaging in unlicensed activities. Section 55. Exemption. This Act does not apply to an individual who chooses to install his or her own manufactured home on private agricultural land which that individual owns. Such an individual waives any rights he or she otherwise has under this Act. Section 60. Exclusive State power or function. It is declared to be the public policy of this State, pursuant to paragraph (h) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act. Section 99. Effective date. This Act takes effect January 1, 2001.". AMENDMENT NO. 2. Amend House Bill 3928, AS AMENDED, as follows: in Section 40, subsection (c), the second sentence, by replacing "must comprise 11 members" with "must comprise 9 members"; and in Section 40, subsection (c), the second sentence, by replacing "(vi) one licensed installer; (vii) one licensed manufacturer; (viii) one building official familiar with the installation of mobile homes; and (ix) one individual who works with consumer financing." with the following: "(vi) one licensed installer; and (vii) one licensed manufacturer. Each individual described in items (iv), (v), (vi), and (vii) must be active members of either the Illinois Manufactured Housing Association or the
[April 7, 2000] 120 Illinois Housing Institute."; and in Section 40, subsection (e), by deleting "3 members of the Board upon delivery of a written notice to"; and in Section 45, in the first sentence following the Section heading, by inserting "for a violation of this Act" after "6 months"; and in Section 60, in the first sentence following the Section heading, by replacing "It" with the following: "Except as provided in Section 65, it"; and in Section 60, in the last sentence, by inserting "to which this Act applies" after "unit of local government"; and by inserting after Section 60 the following: "Section 65. Applicability. This Act does not apply to home rule municipalities with a population in excess of 1,000,000.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3928 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3929 A bill for AN ACT to amend the Unified Code of Corrections by changing Section 5-5-6. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3929. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3929 on page 7, line 13 by inserting after "clerk" the following: "after court costs are recovered by the clerk". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3929 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4045 A bill for AN ACT to amend the Criminal Code of 1961 by changing Sections 11-9.3 and 11-9.4. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
121 [April 7, 2000] Senate Amendment No. 1 to HOUSE BILL NO. 4045. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4045 on page 4, line 22 and page 9, line 18 by changing ""Sex" each time it appears to "Except as otherwise provided in paragraph (2.5), "sex"; and on page 5, by inserting between lines 31 and 32 and on page 10, by inserting between lines 28 and 29 the following: "(2.5) For the purposes of subsection (b-5) only, a sex offense means: (i) A violation of any of the following Sections of the Criminal Code of 1961: 10-5(b)(10) (child luring), 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses. (ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 12-15 (criminal sexual abuse). An attempt to commit any of these offenses. (iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint). An attempt to commit any of these offenses. (iv) A violation of any former law of this State substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4045 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4124 A bill for AN ACT in relation to corrections. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
[April 7, 2000] 122 Senate Amendment No. 1 to HOUSE BILL NO. 4124. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4124 on page 1, by deleting lines 4 through 24; and on page 1, line 26, by replacing "3-2-6," with "3-6-2,"; and on page 2, by replacing lines 18 through 29 with the following: "(c) The Department shall create a gang intelligence unit under the supervision of the Director. The unit shall be specifically designed to gather information regarding the inmate gang population, monitor the activities of gangs, and prevent the furtherance of gang activities through the development and implementation of policies aimed at deterring gang activity. The Director shall appoint a Corrections Intelligence Coordinator. All information collected and maintained by the unit shall be highly confidential, and access to that information shall be restricted by the Department. The information shall be used to control and limit the activities of gangs within correctional institutions under the jurisdiction of the Illinois Department of Corrections and may be shared with other law enforcement agencies in order to curb gang activities outside of correctional institutions under the jurisdiction of the Department and to assist in the investigations and prosecutions of gang activity. The Department shall establish and promulgate rules governing the release of information to outside law enforcement agencies. Due to the highly sensitive nature of the information, the information is exempt from requests for disclosure under the Freedom of Information Act as the information contained is highly confidential and may be harmful if disclosed. The Department shall file an annual report with the General Assembly on the profile of the inmate population associated with gangs, gang-related activity within correctional institutions under the jurisdiction of the Department, and an overall status of the unit as it relates to its function and performance."; and on page 2, by deleting lines 31 through 33; and by deleting all of pages 3 and 4; and on page 5, by replacing lines 1 and 2 with the following: "(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) Sec. 3-6-2. Institutions and Facility Administration. (a) Each institution and facility of the Department shall be administered by a chief administrative officer appointed by the Director. A chief administrative officer shall be responsible for all persons assigned to the institution or facility. The chief administrative officer shall administer the programs of the Department for the custody and treatment of such persons. (b) The chief administrative officer shall have such assistants as the Department may assign. (c) The Director or Assistant Director shall have the emergency powers to temporarily transfer individuals without formal procedures to any State, county, municipal or regional correctional or detention institution or facility in the State, subject to the acceptance of such receiving institution or facility, or to designate any reasonably secure place in the State as such an institution or facility and to make transfers thereto. However, transfers made under emergency powers shall be reviewed as soon as practicable under Article 8, and shall be subject to Section 5-905 of the Juvenile Court Act of 1987. This Section shall not apply to transfers to the Department of Human Services which are provided for under Section 3-8-5 or Section 3-10-5. (d) The Department shall provide educational programs for all committed persons so that all persons have an opportunity to attain the achievement level equivalent to the completion of the twelfth grade in the public school system in this State. Other higher levels of
123 [April 7, 2000] attainment shall be encouraged and professional instruction shall be maintained wherever possible. The Department may establish programs of mandatory education and may establish rules and regulations for the administration of such programs. A person committed to the Department who, during the period of his or her incarceration, participates in an educational program provided by or through the Department and through that program is awarded or earns the number of hours of credit required for the award of an associate, baccalaureate, or higher degree from a community college, college, or university located in Illinois shall reimburse the State, through the Department, for the costs incurred by the State in providing that person during his or her incarceration with the education that qualifies him or her for the award of that degree. The costs for which reimbursement is required under this subsection shall be determined and computed by the Department under rules and regulations that it shall establish for that purpose. However, interest at the rate of 6% per annum shall be charged on the balance of those costs from time to time remaining unpaid, from the date of the person's parole, mandatory supervised release, or release constituting a final termination of his or her commitment to the Department until paid. (e) A person committed to the Department who becomes in need of medical or surgical treatment but is incapable of giving consent thereto shall receive such medical or surgical treatment by the chief administrative officer consenting on the person's behalf. Before the chief administrative officer consents, he or she shall obtain the advice of one or more physicians licensed to practice medicine in all its branches in this State. If such physician or physicians advise: (1) that immediate medical or surgical treatment is required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and (2) that the person is not capable of giving consent to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment. (f) In the event that the person requires medical care and treatment at a place other than the institution or facility, the person may be removed therefrom under conditions prescribed by the Department. The Department shall require the committed person receiving medical or dental services on a non-emergency basis to pay a $2 co-payment to the Department for each visit for medical or dental services
[April 7, 2000] 124 separately or together, preceding the inmate's release; and (6) a prerelease reunification staffing involving the family advocate, the inmate and the child's counselor, or both and the inmate. (i) Prior to the release of any inmate who has a documented history of intravenous drug use, and upon the receipt of that inmate's written informed consent, the Department shall provide for the testing of such inmate for infection with human immunodeficiency virus (HIV) and any other identified causative agent of acquired immunodeficiency syndrome (AIDS). The testing provided under this subsection shall consist of an enzyme-linked immunosorbent assay (ELISA) test or such other test as may be approved by the Illinois Department of Public Health. If the test result is positive, the Western Blot Assay or more reliable confirmatory test shall be administered. All inmates tested in accordance with the provisions of this subsection shall be provided with pre-test and post-test counseling. Notwithstanding any provision of this subsection to the contrary, the Department shall not be required to conduct the testing and counseling required by this subsection unless sufficient funds to cover all costs of such testing and counseling are appropriated for that purpose by the General Assembly. (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99.)"; and on page 6, by replacing lines 17 through 20 with the following: "contact visits. Any committed person found in possession of illegal drugs or who fails a drug test shall not be permitted contact visits for a period of at least 6 months. Any committed person involved in gang activities or found guilty of assault committed against a Department employee shall not be permitted contact visits for a period of at least 6 months.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4124 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4176 A bill for AN ACT concerning prescription drug information cards. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4176. Senate Amendment No. 2 to HOUSE BILL NO. 4176. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4176 on page 1 by deleting lines 6 through 30; and by deleting all of pages 2 and 3 of the bill. AMENDMENT NO. 2. Amend House Bill 4176 by inserting immediately below line 5 the following:
125 [April 7, 2000] "Section 5. Legislative intent. It is the intent of the legislature to lessen patients' waiting times, decrease administrative burdens for pharmacies, and improve care to patients by minimizing confusion, eliminating unnecessary paperwork, and streamlining the dispensing of prescription products paid for by third-party payors. This Act shall be broadly applied and interpreted to effectuate this purpose. Section 10. Definitions. As used in this Act, the following terms have the meanings given in this Section. "Department" means the Department of Insurance. "Director" means the Director of Insurance. "Health benefit plan" means an accident and health insurance policy or certificate subject to the Illinois Insurance Code, a voluntary health services plan subject to the Voluntary Health Services Plans Act, a health maintenance organization subscriber contract subject to the Health Maintenance Organization Act, a plan provided by a multiple employer welfare arrangement, or a plan provided by another benefit arrangement. Without limitation, "health benefit plan" does not mean any of the following types of insurance: (1) accident; (2) credit; (3) disability income; (4) long-term or nursing home care; (5) specified disease; (6) dental or vision; (7) coverage issued as a supplement to liability insurance; (8) medical payments under automobile or homeowners; (9) insurance under which benefits are payable with or without regard to fault as statutorily required to be contained in any liability policy or equivalent self-insurance; (10) hospital income or indemnity; (11) self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974. Section 15. Uniform prescription drug information cards required. (a) A health benefit plan that issues a card or other technology and provides coverage for prescription drugs or devices and an administrator of such a plan including, but not limited to, third-party administrators for self-insured plans and state-administered plans shall issue to its insureds a card or other technology containing uniform prescription drug information. The uniform prescription drug information card or other technology shall specifically identify and display the following mandatory data elements on the front of the card: (1) BIN number; (2) Processor control number if required for claims adjudication; (3) Group number; (4) Card issuer identifier; (5) Cardholder ID number; and (6) Cardholder name. The uniform prescription drug information card or other technology shall specifically identify and display the following mandatory data elements on the back of the card: (1) Claims submission names and addresses; and (2) Help desk telephone numbers and names. (b) A new uniform prescription drug information card or other technology shall be issued by a health benefit plan upon enrollment and reissued upon any change in the insured's coverage that affects mandatory data elements contained on the card. Section 20. Applicability and enforcement. (a) This Act applies to health benefit plans that are amended, delivered, issued, or renewed on and after the effective date of this amendatory Act of the 91st General Assembly. (b) The Director may adopt rules necessary to implement the Department's responsibilities under this Act. To enforce the provisions of this Act, the Director may issue a cease and desist order or require a health benefit plan to submit a plan of correction for
[April 7, 2000] 126 violations of this Act, or both. Subject to the provisions of the Illinois Administrative Procedure Act, the Director may, pursuant to Section 403A of the Illinois Insurance Code, impose upon a health benefit plan an administrative fine not to exceed $250,000 for failure to submit a requested plan of correction, failure to comply with its plan or correction, or repeated violations of this Act. Section 99. Effective date. This Act takes effect on January 1, 2001.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 4176 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4228 A bill for AN ACT in relation to county government. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4228. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4228 by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Section 5-12001.1 as follows: (55 ILCS 5/5-12001.1) Sec. 5-12001.1. Authority to regulate certain specified facilities of a telecommunications carrier. (a)
127 [April 7, 2000] and incorporated towns that have municipal zoning ordinances in effect; (2) "county board" means the county board or board of county commissioners of any county; (3) "residential zoning district" means a zoning district that is designated under a county zoning ordinance and is zoned predominantly for residential uses; (4) "non-residential zoning district" means the county jurisdiction area of a county, except for those portions within a residential zoning district; (5) "residentially zoned lot" means a zoning lot in a residential zoning district; (6) "non-residentially zoned lot" means a zoning lot in a non-residential zoning district; (7) "telecommunications carrier" means a telecommunications carrier as defined in the Public Utilities Act as of January 1, 1997; (8) "facility" means that part of the signal distribution system used or operated by a telecommunications carrier under a license from the FCC consisting of a combination of improvements and equipment including (i) one or more antennas, (ii) a supporting structure and the hardware by which antennas are attached; (iii) equipment housing; and (iv) ancillary equipment such as signal transmission cables and miscellaneous hardware; (9) "FAA" means the Federal Aviation Administration of the United States Department of Transportation; (10) "FCC" means the Federal Communications Commission; (11) "antenna" means an antenna device by which radio signals are transmitted, received, or both; (12) "supporting structure" means a structure, whether an antenna tower or another type of structure, that supports one or more antennas as part of a facility; (13) "qualifying structure" means a supporting structure that is (i) an existing structure, if the height of the facility, including the structure, is not more than 15 feet higher than the structure just before the facility is installed, or (ii) a substantially similar, substantially same-location replacement of an existing structure, if the height of the facility, including the replacement structure, is not more than 15 feet higher than the height of the existing structure just before the facility is installed; (14) "equipment housing" means a combination of one or more equipment buildings or enclosures housing equipment that operates in conjunction with the antennas of a facility, and the equipment itself; (15) "height" of a facility means the total height of the facility's supporting structure and any antennas that will extend above the top of the supporting structure; however, if the supporting structure's foundation extends more than 3 feet above the uppermost ground level along the perimeter of the foundation, then each full foot in excess of 3 feet shall be counted as an additional foot of facility height. The height of a facility's supporting structure is to be measured from the highest point of the supporting structure's foundation; (16) "facility lot" means the zoning lot on which a facility is or will be located; (17) "principal residential building" has its common meaning but shall not include any building under the same ownership as the land of the facility lot. "Principal residential building" shall not include any structure that is not designed for human habitation; (18) "horizontal separation distance" means the distance measured from the center of the base of the facility's supporting structure to the point where the ground meets a vertical wall of a principal residential building; and (19) "lot line set back distance" means the distance measured
[April 7, 2000] 128 from the center of the base of the facility's supporting structure to the nearest point on the common lot line between the facility lot and the nearest residentially zoned lot. If there is no common lot line, the measurement shall be made to the nearest point on the lot line of the nearest residentially zoned lot without deducting the width of any intervening right of way. (d) In choosing a location for a facility, a telecommunications carrier shall consider the following: (1) A non-residentially zoned lot is the most desirable location. (2) A residentially zoned lot that is not used for residential purposes is the second most desirable location. (3) A residentially zoned lot that is 2 acres or more in size and is used for residential purposes is the third most desirable location. (4) A residentially zoned lot that is less than 2 acres in size and is used for residential purposes is the least desirable location. The size of a lot shall be the lot's gross area in square feet without deduction of any unbuildable or unusable land, any roadway, or any other easement. (e) In designing a facility, a telecommunications carrier shall at a minimum abide by
129 [April 7, 2000]
[April 7, 2000] 130 this subsection (g), a facility can be established only after the county board gives its approval following consideration of the provisions of paragraph (3) of this subsection (g). The county board may give its approval after one public hearing on the proposal, but only by the favorable vote of a majority of the members present at a meeting held no later than 75 days after submission of a complete application by the telecommunications carrier. If the county board fails to act on the application within 75 days after its submission, the application shall be deemed to have been approved. No more than one public hearing shall be required. (3) For purposes of paragraph (2) of this subsection (g), the following siting considerations, but no other matter, shall be considered by the county board or any other body conducting the public hearing: (A) the criteria in subsection (d) of this Section; (B) whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant; (C) the benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility; (D) the existing uses on adjacent and nearby properties; and (E) the extent to which the design of the proposed facility reflects compliance with subsection (e) of this Section. (4) On judicial review of an adverse decision, the issue shall be the reasonableness of the county board's decision in light of the evidence presented on the siting considerations and the well-reasoned recommendations of any other body that conducts the public hearing. (h) The following provisions shall apply to all facilities established after the effective date of this amendatory Act of 1997 in the county jurisdiction area of any county with a population of 180,000 or more that has not adopted an ordinance to exercise the powers granted in Division 5-12 or Division 5-13. A facility is permitted in any zoning district subject to the following: (1) A facility shall not be located on a lot under paragraph (4) of subsection (d) unless a variation is granted by the county board under paragraph (4) of this subsection (h). (2) Unless a height variation is granted by the county board, the height of a facility shall not exceed 75 feet if the facility will be located in a residential zoning district or 200 feet if the facility will be located in a non-residential zoning district. However, the height of a facility may exceed the height limit in this paragraph, and no height variation shall be required, if the supporting structure is a qualifying structure. (3) The improvements and equipment of the facility shall be placed to comply with the requirements of this paragraph at the time a building permit application for the facility is submitted. If the supporting structure is an antenna tower other than a qualifying structure then (i) if the facility will be located in a residential zoning district the lot line set back distance to the nearest residentially zoned lot shall be at least 50% of the height of the facility's supporting structure or (ii) if the facility will be located in a non-residential zoning district the horizontal separation distance to the nearest principal residential building shall be at least equal to the height of the facility's supporting structure. (4) The county board may grant variations for any of the regulations, conditions, and restrictions of this subsection (h), after one public hearing on the proposed variations, by a favorable vote of a majority of the members present at a meeting held no
131 [April 7, 2000] later than 75 days after submission of an application by the telecommunications carrier. If the county board fails to act on the application within 75 days after submission, the application shall be deemed to have been approved. In its consideration of an application for variations, the county board, and any other body conducting the public hearing, shall consider the following, and no other matters: (A) whether, but for the granting of a variation, the service that the telecommunications carrier seeks to enhance or provide with the proposed facility will be less available, impaired, or diminished in quality, quantity, or scope of coverage; (B) whether the conditions upon which the application for variations is based are unique in some respect or, if not, whether the strict application of the regulations would result in a hardship on the telecommunications carrier; (C) whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant; (D) whether there are benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility; and (E) the extent to which the design of the proposed facility reflects compliance with subsection (e) of this Section. No more than one public hearing shall be required. (5) On judicial review of an adverse decision, the issue shall be the reasonableness of the county board's decision in light of the evidence presented and the well-reasoned recommendations of any other body that conducted the public hearing. (Source: P.A. 90-522, eff. 1-1-98.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4228 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4396 A bill for AN ACT concerning the nurse aide registry. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4396. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4396 by replacing everything after the enacting clause with the following:
[April 7, 2000] 132 "Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 7.3 as follows: (20 ILCS 1705/7.3 new) Section 7.3. Nurse aide registry; finding of abuse or neglect. The Department shall require that no facility, service agency, or support agency providing mental health or developmental disability services that is licensed, certified, operated, or funded by the Department shall employ a person, in any capacity, who is identified by the nurse aide registry as having been previously terminated by a facility, service agency, or support agency licensed, certified, operated, or funded by the Department pursuant to a substantiated finding of abuse or neglect of a service recipient, or who has previously resigned from a facility, service agency, or support agency subsequent to an incident that later resulted in a substantiated finding of abuse or neglect of a service recipient by that individual. The Department shall establish and maintain such rules as are necessary or appropriate to effectuate the intent of this Section. The provisions of this Section shall not apply to any facility, service agency, or support agency licensed or certified by a State agency other than the Department, unless operated by the Department of Human Services. Section 10. The Abused and Neglected Long Term Care Facility Residents Reporting Act is amended by changing Section 6.2 as follows: (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) (Section scheduled to be repealed on January 1, 2002) Sec. 6.2. Inspector General. (a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall function within the Department of Human Services and report to the Secretary of Human Services and the Governor. The Inspector General shall investigate reports of suspected abuse or neglect (as those terms are defined in Section 3 of this Act) of patients or residents in any mental health or developmental disabilities facility operated by the Department of Human Services and shall have authority to investigate and take immediate action on reports of abuse or neglect of recipients, whether patients or residents, in any mental health or developmental disabilities facility or program that is licensed or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or that is funded by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) and is not licensed or certified by any agency of the State. At the specific, written request of an agency of the State other than the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), the Inspector General may cooperate in investigating reports of abuse and neglect of persons with mental illness or persons with developmental disabilities. The Inspector General shall have no supervision over or involvement in routine, programmatic, licensure, or certification operations of the Department of Human Services or any of its funded agencies. The Inspector General shall promulgate rules establishing minimum requirements for reporting allegations of abuse and neglect and initiating, conducting, and completing investigations. The promulgated rules shall clearly set forth that in instances where 2 or more State agencies could investigate an allegation of abuse or neglect, the Inspector General shall not conduct an investigation that is redundant to an investigation conducted by another State agency. The rules shall establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but need not be limited to, site visits, telephone contacts, or requests for written responses from agencies. The rules shall also clarify how the Office of the Inspector General shall interact with the licensing unit of the Department of Human Services in investigations of allegations of abuse or neglect. Any allegations or investigations of reports made pursuant to this Act shall remain confidential until a final report is completed. The resident or patient who allegedly was abused or neglected and his or her legal guardian shall be informed by
133 [April 7, 2000] the facility or agency of the report of alleged abuse or neglect. Final reports regarding unsubstantiated or unfounded allegations shall remain confidential, except that final reports may be disclosed pursuant to Section 6 of this Act. The Inspector General shall be appointed for a term of 4 years. (b) The Inspector General shall within 24 hours after receiving a report of suspected abuse or neglect determine whether the evidence indicates that any possible criminal act has been committed. If he determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he shall immediately notify the Department of State Police. The Department of State Police shall investigate any report indicating a possible murder, rape, or other felony. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (b-5) The Inspector General shall make a determination to accept or reject a preliminary report of the investigation of alleged abuse or neglect based on established investigative procedures. The facility or agency may request clarification or reconsideration based on additional information. For cases where the allegation of abuse or neglect is substantiated, the Inspector General shall require the facility or agency to submit a written response. The written response from a facility or agency shall address in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. (c) The Inspector General shall, within 10 calendar days after the transmittal date of a completed investigation where abuse or neglect is substantiated or administrative action is recommended, provide a complete report on the case to the Secretary of Human Services and to the agency in which the abuse or neglect is alleged to have happened. The complete report shall include a written response from the agency or facility operated by the State to the Inspector General that addresses in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. The Secretary of Human Services shall accept or reject the response and establish how the Department will determine whether the facility or program followed the approved response. The Secretary may require Department personnel to visit the facility or agency for training, technical assistance, programmatic, licensure, or certification purposes. Administrative action, including sanctions, may be applied should the Secretary reject the response or should the facility or agency fail to follow the approved response. The facility or agency shall inform the resident or patient and the legal guardian whether the reported allegation was substantiated, unsubstantiated, or unfounded. There shall be an appeals process for any person or agency that is subject to any action based on a recommendation or recommendations. (d) The Inspector General may recommend to the Departments of Public Health and Human Services sanctions to be imposed against mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services for the protection of residents, including appointment of on-site monitors or receivers, transfer or relocation of residents, and closure of units. The Inspector General may seek the assistance of the Attorney General or any of the several State's attorneys in imposing such sanctions. (e) The Inspector General shall establish and conduct periodic training programs for Department employees concerning the prevention and reporting of neglect and abuse. (f) The Inspector General shall at all times be granted access to any mental health or developmental disabilities facility operated by the Department, shall establish and conduct unannounced site visits to those facilities at least once annually, and shall be granted access,
[April 7, 2000] 134 for the purpose of investigating a report of abuse or neglect, to any facility or program funded by the Department that is subject under the provisions of this Section to investigation by the Inspector General for a report of abuse or neglect. (g) Nothing in this Section shall limit investigations by the Department of Human Services that may otherwise be required by law or that may be necessary in that Department's capacity as the central administrative authority responsible for the operation of State mental health and developmental disability facilities. (g-5) After notice and an opportunity for a hearing that is separate and distinct from the Office of the Inspector General's appeals process as implemented under subsection (c) of this Section, the Inspector General shall report to the Department of Public Health's nurse aide registry under Section 3-206.01 of the Nursing Home Care Act the identity of individuals who have been previously terminated by a facility, service agency, or support agency licensed, certified, operated, or funded by the Department of Human Services, except by a facility, service agency, or support agency licensed or certified by a State agency other than the Department of Human Services, unless operated by the Department of Human Services, pursuant to a substantiated finding of abuse or neglect of a service recipient, or who have previously resigned from such facility, service agency, or support agency subsequent to an incident that later resulted in a substantiated finding of abuse or neglect of a service recipient by that individual. Nothing in this subsection shall diminish or impair the rights of a person who is a member of a collective bargaining unit pursuant to the Illinois Public Labor Relations Act or pursuant to any federal labor statute. A person shall not be considered hereunder as having been previously terminated pursuant to a substantiated finding of abuse or neglect of a service recipient, unless the finding is final after exhaustion of review of the termination under the grievance and arbitration procedure provided for in Section 8 of the Illinois Public Labor Relations Act or under a comparable provision in another labor statute applicable to that person. The Department of Human Services shall promulgate or amend rules as necessary or appropriate to establish procedures for reporting to the registry, including procedures for notice to the individual, appeal and hearing, and petition for removal of the report from the registry. The portion of the rules pertaining to hearings shall provide that, at the hearing, both parties may present written and oral evidence. Notice to the individual shall include a clear and concise statement of the grounds on which the report to the registry is based and notice of the opportunity for a hearing to contest the report. The Department of Human Services shall provide the notice by certified mail. The notice shall give the individual an opportunity to contest the report in a hearing before the Department of Human Services or to submit a written response to the findings instead of requesting a hearing. If after notice and a hearing or if the individual does not request a hearing, the Department of Human Services finds that the report is valid, the finding shall be included as part of the registry, as well as a brief statement from the reported individual if he or she chooses to make a statement. The Department of Public Health shall make available to the public information reported to the registry. In the case of inquiries concerning an individual listed in the registry, any information disclosed concerning a finding of abuse or neglect shall also include disclosure of the individual's brief statement in the registry relating to the reported finding or include a clear and accurate summary of the statement. At any time after the report to the registry, an individual may petition the Department of Human Services for removal from the registry of the finding against him or her. The Department of Human Services may report the removal of the finding to the registry unless, after an investigation and a hearing, the Department of Human Services determines that removal is not in the public interest. (h) This Section is repealed on January 1, 2002.
135 [April 7, 2000] (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) Section 15. The Nursing Home Care Act is amended by changing Section 3-206.1 as follows: (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01) Sec. 3-206.01. Nurse aide registry. (a) The Department shall establish and maintain a registry of all individuals who have satisfactorily completed the training required by Section 3-206. The registry shall include the name of the nursing assistant, habilitation aide, or child care aide, his or her current address, Social Security number, and the date and location of the training course completed by the individual, and the date of the individual's last criminal records check. Any individual placed on the registry is required to inform the Department of any change of address within 30 days. A facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide unless the facility has inquired of the Department as to information in the registry concerning the individual and shall not employ anyone not on the registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3-206 of this Act. If the Department finds that a nursing assistant, habilitation aide, or child care aide has abused a resident, neglected a resident, or misappropriated resident property in a facility, the Department shall notify the individual of this finding by certified mail sent to the address contained in the registry. The notice shall give the individual an opportunity to contest the finding in a hearing before the Department or to submit a written response to the findings in lieu of requesting a hearing. If, after a hearing or if the individual does not request a hearing, the Department finds that the individual abused a resident, neglected a resident, or misappropriated resident property in a facility, the finding shall be included as part of the registry as well as a brief statement from the individual, if he or she chooses to make such a statement. The Department shall make information in the registry available to the public. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of the statement. (b) The Department shall add to or remove from the nurse aide registry records of findings as reported by the Inspector General under Section 6.2 of the Abused and Neglected Long Term Care Facility Residents Reporting Act. (Source: P.A. 91-598, eff. 1-1-00.) Section 99. Effective date. This Act takes effect on January 1, 2001.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4396 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 739 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 24-1.5. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
[April 7, 2000] 136 Senate Amendment No. 2 to HOUSE BILL NO. 739. Senate Amendment No. 3 to HOUSE BILL NO. 739. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 739 by replacing the title with the following: "AN ACT to re-enact the provisions of Section 24-1 of the Criminal Code of 1961 contained in Public Act 88-680 and to amend the Criminal Code of 1961 and the Firearm Owners Identification Card Act."; and by replacing everything after the enacting clause with the following: "Section 1. Purpose. (1) The General Assembly finds and declares that: (i) Public Act 88-680, effective January 1, 1995, contained provisions amending various criminal statutes. Public Act 88-680 also contained other provisions. (ii) In addition, Public Act 88-680 was entitled "AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections. (iii) On December 2, 1999, the Illinois Supreme Court, in People v. Cervantes, Docket No. 87229, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. (iv) The provisions of Section 24-1 of the Criminal Code of 1961 contained in Public Act 88-680 are of vital concern to the people of this State and legislative action concerning these provisions of Public Act 88-680 is necessary. (2) It is the purpose of this Act to re-enact Section 24-1 of the Criminal Code of 1961 contained in Public Act 88-680, including subsequent amendments. This re-enactment is intended to remove any question as to the validity or content of those provisions. (3) This Act re-enacts Section 24-1 of the Criminal Code of 1961 contained in Public Act 88-680, including subsequent amendments, to remove any question as to the validity or content of those provisions; it is not intended to supersede any other Public Act that amends the text of the Sections as set forth in this Act. The material is shown as existing text (i.e., without underscoring), except (i) for technical changes having a revisory function and (ii) as provided in subsection (4) of this Section. (4) In addition to re-enacting Section 24-1 of the Criminal Code of 1961, this Act amends that Section. This Act also adds Section
137 [April 7, 2000] 24-1.6 and amends Section 24-2 of the Criminal Code of 1961 and Section 13.2 of the Firearm Owners Identification Card Act. The amendments are shown by underscoring and striking text. Section 5. The Firearm Owners Identification Card Act is amended by changing Section 13.2 as follows: (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2) Sec. 13.2. The Department of State Police shall, 60
[April 7, 2000] 138 under the control of a person; (ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 26 inches; or (iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or (8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in any place which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged, excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted. This subsection (a)(8) does not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a governmental body, nor does it apply to persons engaged in firearm safety training courses; or (9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or (10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card. A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or (11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or (12) (Blank). (b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
139 [April 7, 2000] 24-1(a)(8) or
[April 7, 2000] 140 building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business. (3) Paragraphs (1), (1.5), and (2) of this subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package. (4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, community college, college, or university. (d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon, instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver. (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.) (720 ILCS 5/24-1.6 new) Sec. 24-1.6. Aggravated unlawful use of a weapon. (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly: (1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or (2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and (3) One of the following factors is present: (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or (B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or (C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or (D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or (E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act or in a misdemeanor violation of the Illinois Controlled Substances Act; or (F) the person possessing the weapon is a member of or affiliated with a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or (G) the person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or
141 [April 7, 2000] (H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or (I) the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24-3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f). (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code. (c) This Section does not apply to or affect the transportation or possession of weapons that: (i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card. (d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony. (720 ILCS 5/24-2) (from Ch. 38, par. 24-2) Sec. 24-2. Exemptions. (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following: (1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer. (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty. (4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment. (5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon. (6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of
[April 7, 2000] 142 persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon. (7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission. (8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation. Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983. Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services. (9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties. (10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act. (11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act. (12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code. (13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff. (13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed
143 [April 7, 2000] the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission. (14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons. (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following: (1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges. (2) Duly authorized military or civil organizations while parading, with the special permission of the Governor. (3) Licensed hunters, trappers or fishermen while engaged in hunting, trapping or fishing. (4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible. (c) Subsection 24-1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their official duties. (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible. (5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph. During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible. (6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract. The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract. During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible. (d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace
[April 7, 2000] 144 officer. (e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer. (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges. (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to: (1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (2) Bonafide collectors of antique or surplus military ordinance. (3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance. (4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer. (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption. (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 91-287, eff. 1-1-00.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3. Amend House Bill 739, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 2, on page 12, line 8, by deleting "or affiliated with". The foregoing message from the Senate reporting Senate Amendments numbered 2 and 3 to HOUSE BILL 739 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 709 A bill for AN ACT to amend the Illinois Public Aid Code by changing Sections 5-5 and 6-1.
145 [April 7, 2000] HOUSE BILL NO. 1324 A bill for AN ACT to amend the Illinois Income Tax Act by changing Section 703. HOUSE BILL NO. 4116 A bill for AN ACT to amend the Sexually Violent Persons Commitment Act by changing Sections 5, 35, 40, 55, and 60. HOUSE BILL NO. 4231 A bill for AN ACT in relation to streetgangs. HOUSE BILL NO. 4369 A bill for AN ACT to amend the Tobacco Accessories and Smoking Herbs Control Act by changing Sections 3, 4, and 5. HOUSE BILL NO. 4447 A bill for AN ACT to amend the State Finance Act by changing Section 6z-27. Passed by the Senate, April 7, 2000. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 861 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 16A-6. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 861. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 861 by replacing the title with the following: "AN ACT to amend the Criminal Code of 1961 by changing Sections 12-3.2, 12-11, 19-1, and 19-3."; and by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Sections 12-3.2, 12-11, 19-1, and 19-3 as follows: (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) Sec. 12-3.2. Domestic Battery. (a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means: (1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended; (2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as amended. (b) Sentence. Domestic battery is a Class A Misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction
[April 7, 2000] 146 under this Code for domestic battery (Section 12-3.2) or violation of an order of protection (Section 12-30). Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for aggravated battery (Section 12-4), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), unlawful restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1), when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963. In addition to any other sentencing alternatives, for any second conviction of violating this Section within 5 years of a previous conviction for violating this Section, the offender shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence. (c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-4), unlawful restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or household member, as defined in Section 112A-3 of the Code of Criminal Procedure of 1963, shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both.
147 [April 7, 2000] dwelling place, a violation of Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. (b) It is an affirmative defense to a charge of home invasion that the accused who knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more persons is present either immediately leaves such premises or surrenders to the person or persons lawfully present therein without either attempting to cause or causing serious bodily injury to any person present therein. (c) Sentence. Home invasion in violation of subsection (a)(1) or (a)(2) is a Class X felony. A violation of subsection (a)(3) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(4) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(5) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. (d) For purposes of this Section, "dwelling place of another" includes a dwelling place where the defendant maintains a tenancy interest but from which the defendant has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order. (Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00.) (720 ILCS 5/19-1) (from Ch. 38, par. 19-1) Sec. 19-1. Burglary. (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4-102 of The Illinois Vehicle Code
[April 7, 2000] 148 Senate Amendment No. 1 to HOUSE BILL NO. 1534. Senate Amendment No. 2 to HOUSE BILL NO. 1534. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1534, by replacing the title with the following: "AN ACT regarding appropriations."; and by replacing everything after the enacting clause with the following: "ARTICLE 1 Section 5. The following named sums, or so much thereof as may be necessary, respectively, are appropriated to the Attorney General to meet the ordinary and contingent expenses of the following divisions of the Office of the Attorney General: SPRINGFIELD For Personal Services........................... $ 7,954,200 For State Contribution to State Employees' Retirement System.................. 779,500 For State Contribution to Social Security...................................... 538,500 For Employees' Retirement Contributions Paid by Employer.............................. 314,700 CHICAGO For Personal Services........................... 17,189,000 For State Contribution to State Employees' Retirement System.................. 1,684,500 For State Contribution to Social Security............................... 1,193,900 For Employees' Retirement Contributions Paid by Employer.............................. 662,200 OPERATIONS, ALL DIVISIONS IN THIS SECTION For Contractual Services........................ 1,979,800 For Contractual Services Expert Witnesses.............................. 111,800 For Travel...................................... 401,700 For Commodities................................. 168,800 For Printing.................................... 110,000 For Equipment................................... 318,300 For Electronic Data Processing.................. 1,427,900 For Telecommunications.......................... 600,000 For Operation of Auto Equipment................. 72,100 For Expenses Incurred in Post Sentencing Prosecution of all Cases of Death Penalty..... 177,600 For Expenses Incurred in Gang Crime Prevention.. 2,273,700 Total $39,220,100 Section 10. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Attorney General: OPERATIONS Payable from the Violent Crime Victims Assistance Fund: For Personal Services........................... $ 544,800 For State Contribution to State Employees' Retirement System.................. 53,400 For State Contribution to Social Security............................... 40,900 For Group Insurance............................. 87,000 For Operational Expenses, Violent Crime Victims Assistance.............. 175,000 For Employees' Retirement Contributions
149 [April 7, 2000] Paid by the Employer.......................... 22,000 For Awards and Grants to the Violent Crime Victims Assistance Act.................. 6,150,000 Total $7,073,100 Section 15. The sum of $1,000,000, or so much thereof as is available for use by the Attorney General, is appropriated to the Attorney General from the Illinois Gaming Law Enforcement Fund for State law enforcement purposes. Section 20. The following named sums, or so much thereof as may be necessary, respectively, are appropriated from the Asbestos Abatement Fund to the Attorney General to meet the ordinary and contingent expenses of the Asbestos Litigation Division: ASBESTOS LITIGATION DIVISION For Personal Services........................... $ 1,002,000 For State Contribution to State Employees' Retirement System.................. 98,200 For State Contribution to Social Security............................... 72,300 For Group Insurance............................. 127,600 For Contractual Services........................ 700,000 For Travel...................................... 100,000 For Operational Expenses, Asbestos Litigation.................................... 100,000 For Employees' Retirement Contributions Paid by the Employer.......................... 36,300 Total $2,236,400 Section 25. The amount of $2,500,000, or so much thereof as may be necessary, is appropriated from the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund to the Office of the Attorney General for the performance of any function pertaining to the exercise of the duties of the Attorney General including but not limited to enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose. Section 30. The amount of $400,000, or so much thereof as may be necessary, is appropriated from the Illinois Charity Bureau Fund to the Office of the Attorney General to enforce the provisions of the Solicitation for Charity Act and to gather and disseminate information about charitable trustees and organizations to the public. Section 35. The amount of $3,000,000, or so much thereof as may be necessary, is appropriated from the Attorney General Federal Grant Fund to the Office of the Attorney General for funding for federal grants. Section 40 The amount of $20,000, or so much thereof as may be necessary, is appropriated from the Attorney General's Grant Fund to the Office of the Attorney General to be expended in accordance with the terms and conditions upon which those funds were received. Section 45. The amount of $100,000, or so much thereof as may be necessary, is appropriated from the Whistleblower Reward and Protection Fund to the Office of the Attorney General for law enforcement purposes and distribution to third parties. Section 50. The amount of $3,000,000, or so much thereof as may be necessary, is appropriated from the Attorney General's State Projects and Court Ordered Distribution Fund for payment of interagency agreements and court ordered distributions to third parties. ARTICLE 2 Section 5. The following named amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named in this Section, are appropriated to meet the ordinary and contingent
[April 7, 2000] 150 expenses of the Office of the State Treasurer. For Personal Services....................... $4,739,444 For Extra Help.............................. 0 For Employee Retirement Contribution (pickup). 189,578 For State Contributions to State Employees' Retirement System................ 464,466 For State Contribution to Social Security............................. 354,887 For Contractual Services.................... 977,075 For Travel.................................. 97,500 For Commodities............................. 29,990 For Printing................................ 24,500 For Equipment............................... 55,450 For Electronic Data Processing.............. 965,000 For Telecommunications Services............. 161,000 For Operation of Automotive Equipment....... 6,800 Total, This Section $7,969,600 Section 10. The amount of $6,000,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer from the Bank Services Trust Fund for the purpose of making payments to financial institutions for banking services pursuant to the State Treasurer's Bank Services Trust Fund Act. Section 15. The amount of $6,000,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer for the purpose of making refunds of overpayments of estate tax and accrued interest on those overpayments, if any, and payment of certain statutory costs of assessment. Section 20. The amount of $3,000,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer for the purpose of making refunds of accrued interest on protested tax cases. Section 25. The amount of $18,000,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer from the Transfer Tax Collection Distributive Fund for the purpose of making payments to counties pursuant to Section 13b of the Illinois Estate and Generation-Skipping Transfer Tax Act. Section 30. The amount of $500,000, or so much of that amount as may be necessary, is appropriated to the State Treasurer from the Matured Bond and Coupon Fund for payment of matured bonds and interest coupons pursuant to Section 6u of the State Finance Act. Section 35. The following named amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named in this Section, are appropriated to the State Treasurer for the payment of interest on and retirement of State bonded indebtedness: For payment of principal and interest on any and all bonds issued pursuant to the Anti-Pollution Bond Act, the Transportation Bond Act, the Capital Development Bond Act of 1972, the School Construction Bond Act, the Illinois Coal and Energy Development Bond Act, and the General Obligation Bond Act: From the General Bond Retirement and Interest Fund: Principal................................... $429,464,406 Interest.................................... 294,428,171 Total $723,892,577 ARTICLE 3 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated for the ordinary and contingent expenses of the Office of the Governor: EXECUTIVE OFFICE Payable from the General Revenue Fund: For Personal Services ........................ $ 6,986,100 For Employee Retirement Contributions Paid by Employer ............................ 279,400 For State Contributions to State Employees' Retirement System................. 684,600
151 [April 7, 2000] For State Contributions to Social Security.............................. 534,400 For Contractual Services...................... 766,100 For Travel.................................... 174,300 For Commodities............................... 82,000 For Printing.................................. 70,000 For Equipment................................. 25,000 For Electronic Data Processing................ 225,000 For Telecommunications Services............... 350,000 For Repairs and Maintenance................... 40,000 For Expenses Related to Ethnic Celebrations, Special Receptions, and Other Events ........ 110,000 Total $10,326,900 Section 2. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the Governor's Grant Fund to the Office of the Governor to be expended in accordance with the terms and conditions upon which such funds were received and in the exercise of the powers or performance of the duties of the Office of the Governor. ARTICLE 4 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Office of the Lieutenant Governor: GENERAL OFFICE For Personal Services ........................ $ 1,358,000 For Employee Retirement Contributions Paid by Employer ............................ 54,000 For State Contributions to State Employees' Retirement System ................ 133,000 For State Contributions to Social Security ............................. 104,000 For Contractual Services ..................... 573,000 For Travel ................................... 85,000 For Commodities .............................. 25,000 For Printing ................................. 31,400 For Equipment ................................ 3,800 For Electronic Data Processing ............... 69,400 For Telecommunications Services .............. 87,900 For Ordinary and Contingent Expenses of the Rural Affairs Council ....................... 307,000 Total $2,733,500 The amount of $200,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Office of the Lieutenant Governor for the ordinary and contingent expenses of the Illinois River Coordination Council. Section 2. The sum of $110,000, or so much thereof as may be necessary, is appropriated from the Agricultural Premium Fund to the Office of Lieutenant Governor for all costs associated with the Rural Affairs Council including any grants or administration expenses. Section 3. The sum of $75,000, or so much thereof as may be necessary, is appropriated to the Office of the Lieutenant Governor from the Keep Illinois Beautiful Fund for programs approved by the Keep Illinois Beautiful Program Advisory Board. ARTICLE 5 Section 1. The following named amounts, or so much of those amounts as may be necessary, respectively, are appropriated to the Office of the State's Attorneys Appellate Prosecutor for the objects and purposes hereinafter named to meet its ordinary and contingent expenses for the fiscal year ending June 30, 2000: For Personal Services:
[April 7, 2000] 152 Payable from General Revenue Fund for Collective Bargaining Unit............. $1,978,243 Payable from General Revenue Fund for Administrative Unit.................... $801,347 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $543,769 For State Contribution to the State Employees' Retirement System: Payable from General Revenue Fund for Collective Bargaining Unit............. $193,867 Payable from General Revenue Fund for Administrative Unit.................... $78,532 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $53,289 For State Contribution to the State Employees' Retirement System Pick Up: Payable from General Revenue Fund for Collective Bargaining Unit............. $79,129 Payable from General Revenue Fund for Administrative Unit.................... $32,053 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $21,750 For State Contribution to Social Security: Payable from General Revenue Fund for Collective Bargaining Unit............. $151,335 Payable from General Revenue Fund for Administrative Unit.................... $61,303 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $41,598 For County Reimbursement to State for Group Insurance: Payable from State's Attorneys Appellate Prosecutor's County Fund............... $55,583 For Contractual Services: Payable from General Revenue Fund........... $300,000 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $400,000 For Contractual Services for Rental of Real Property: Payable from General Revenue Fund........... $211,902 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $105,950 For Travel: Payable from General Revenue Fund........... $16,687 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $6,693 For Commodities: Payable from General Revenue Fund........... $14,865 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $7,017 For Printing: Payable from General Revenue Fund........... $4,658 Payable from State's Attorney's Appellate Prosecutor's County Fund............... $2,770 For equipment: Payable from General Revenue Fund........... $20,793 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $12,258 For Electronic Data Processing: Payable from General Revenue Fund........... $16,095 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $26,268 For Telecommunications: Payable from General Revenue Fund........... $20,872 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $28,789
153 [April 7, 2000] For Operation of Automotive Equipment: Payable from General Revenue Fund........... $10,695 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $6,962 For Law Intern Program: Payable from General Revenue Fund........... $0 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $56,428 For Continuing Legal Education: Payable from General Revenue Fund........... $100 Payable from Continuing Legal Education Trust Fund............................. $110,000 For Legal Publications: Payable from General Revenue Fund........... $3,476 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $11,938 For expenses for assisting County State's Attorneys for services provided under the Illinois Public Labor Relations Act: For Personal Services: Payable from General Revenue Fund........... $112,184 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $53,643 For State Contribution to the State Employees' Retirement System: Payable from General Revenue Fund........... $10,994 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $5,257 For State contribution to the State Employees' Retirement System Pick Up: Payable from General Revenue Fund........... $4,487 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $2,145 For Contribution to Social Security: Payable from General Revenue Fund........... $8,582 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $4,103 For County Reimbursement to State for Group Insurance: Payable from State's Attorneys Appellate Prosecutor's County Fund............... $7,733 For Contractual Services: Payable from General Revenue Fund........... $26,213 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $250,450 For Travel: Payable from General Revenue Fund........... $1,157 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $922 For Commodities: Payable from General Revenue Fund........... $578 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $642 For Equipment: Payable from General Revenue Fund........... $578 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $1,002 For Operation of Automotive Equipment: Payable from General Revenue Fund........... $1,157 Payable from State's Attorneys Appellate Prosecutor's County Fund............... $882 For Expenses Pursuant to Narcotics Profit Forfeiture Act: Payable from Narcotics Profit Forfeiture Fund. $0 For Expenses Pursuant to Drug Asset Forfeiture Procedure Act:
[April 7, 2000] 154 Payable from Narcotics Profit Forfeiture Fund........................ $950,000 For expenses pursuant to P.A. 84-1340, which requires the Office of the State's Attorneys Appellate Prosecutor to conduct training programs for Illinois State's Attorneys, Assistant State's Attorneys, and law enforcement officers on techniques and methods of eliminating or reducing the trauma of testifying in criminal proceedings for children who serve as witnesses in those proceedings; and other authorized criminal justice training programs: Payable from General Revenue Fund........... $120,000 For expenses related to federally assisted programs to assist local State's Attorneys, including violent crimes, drug related cases, and cases arising under the Narcotics Profit Forfeiture Act on the request of the State's Attorney: Payable from Special Federal Grant Project Fund................................... $2,800,000 For local matching purposes: Payable from State's Attorneys Appellate Prosecutor's County Fund............... $0 For State matching purposes: Payable from General Revenue Fund........... $0 For expenses pursuant to grant agreements for training grant programs: Payable from Continuing Legal Education Trust Fund............................. $200,000 (Total, $10,049,723; General Revenue Fund, $4,281,882; Office of the State's Attorneys Appellate Prosecutor's County Fund, $1,707,841; Continuing Legal Education Trust Fund, $310,000; Narcotics Profit Forfeiture Fund, $950,000; Special Federal Grant Project Fund, $2,800,000) ARTICLE 6 Section 5. The following named sums, or so much thereof as may be necessary, respectively, are appropriated to the Supreme Court to pay the ordinary and contingent expenses of certain officers of the court system of Illinois as follows: For Personal Services Judges' Salaries.......... $117,681,000 For Travel: Judges of the Supreme Court.................. 24,300 Judges of the Appellate Court................ 110,400 Judges of the Circuit Court.................. 630,700 Judicial Conference and Supreme Court Committees..................... 338,600 For State Contributions to Social Security........................... 1,706,400 Total, this Section $120,491,400 Section 10. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Supreme Court: For Personal Services........................... $ 5,137,180 For Extra Help.................................. 7,600 For State Contributions to State Employees' Retirement................ 493,321 For State Contributions to Social Security............................ 395,469 For Contractual Services........................ 662,600 For Travel...................................... 17,100 For Commodities................................. 48,800 For Printing.................................... 219,900 For Equipment................................... 651,900
155 [April 7, 2000] For Electronic Data Processing.................. 104,700 For Telecommunications.......................... 109,200 For Permanent Improvements...................... 108,100 For National Center for State Courts.............................. 165,100 For Committee for Evaluation of Judicial Performance.......................... 150,500 Total, this Section $8,271,470 Section 15. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Supreme Court to meet the ordinary and contingent expenses of the Judges of the Appellate Courts, and the Clerks of the Appellate Courts, and the Appellate Judges Research Projects: Administration of the First Appellate District For Personal Services........................... $ 5,814,834 For State Contributions to State Employees' Retirement................ 557,589 For State Contributions to Social Security............................ 446,941 For Contractual Services........................ 495,800 For Travel...................................... 700 For Commodities................................. 49,800 For Printing.................................... 35,400 For Equipment................................... 74,200 For Telecommunications.......................... 108,500 Total $7,583,764 Administration of the Second Appellate District For Personal Services........................... $ 2,313,672 For State Contributions to State Employees' Retirement................ 221,822 For State Contributions to Social Security............................ 177,832 For Contractual Services........................ 550,200 For Travel...................................... 4,200 For Commodities................................. 22,900 For Printing.................................... 11,400 For Equipment................................... 141,500 For Telecommunications.......................... 44,300 Total $3,487,826 Administration of the Third Appellate District For Personal Services........................... $ 1,531,279 For Extra Help.................................. 24,400 For State Contributions to State Employees' Retirement................... 149,499 For State contributions to Social Security............................ 119,850 For Contractual Services........................ 379,200 For Travel...................................... 3,000 For Commodities................................. 19,000 For Printing.................................... 16,100 For Equipment................................... 192,400 For Telecommunications.......................... 45,000 Total $2,479,728 Administration of the Fourth Appellate District For Personal Services........................... $ 1,566,594 For State Contributions to State Employees' Retirement................ 150,389 For State Contributions to Social Security............................ 120,715 For Contractual Services........................ 200,600 For Travel...................................... 3,400 For Commodities................................. 9,500 For Printing.................................... 7,500 For Equipment................................... 61,500 For Telecommunications.......................... 28,900
[April 7, 2000] 156 Total $2,149,098 Administration of the Fifth Appellate District For Personal Services........................... $ 1,761,200 For Extra Help.................................. 3,800 For State Contributions to State Employees' Retirement................... 171,368 For State Contributions to Social Security............................... 137,335 For Contractual Services........................ 376,600 For Travel...................................... 4,600 For Commodities................................. 20,500 For Printing.................................... 11,900 For Equipment................................... 149,900 For Telecommunications.......................... 35,600 For Operation of Automotive Equipment.......................... 1,100 Total $2,673,903 Total, this Section $19,513,600 Section 20. The following named sums, or so much thereof as may be necessary, respectively, are appropriated to the Supreme Court for ordinary and contingent expenses of the Circuit Court: For Circuit Clerks' Additional Duties........... $ 663,000 For Circuit Clerks' Notification Costs.......... 2,000 For Family Violence Programs.................... 652,000 For Mandatory Arbitration....................... 450,000 For Grants-in-Aid............................... 44,465,400 For Payment of Juvenile and Adult Probation Officers' Salary Subsidies.......... 15,786,200 For Pretrial Services Programs.................. 1,418,800 For Personal Services: Official Court Reporting...................... 30,617,649 Circuit Court Personnel....................... 1,423,081 For State Contribution to State Employees' Retirement................ 3,074,914 For State Contribution to Social Security............................ 2,441,261 For Travel: Official Court Reporting...................... 138,500 Circuit Court Personnel....................... 7,600 For Contractual Services: Transcript Fees for Official Court Reporters.................. 3,394,800 For Equipment................................... 310,400 Total, this Section $104,845,605 Section 25. The following named sums, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, are appropriated to the Supreme Court for ordinary and contingent expenses of the Administrative Office of the Illinois Courts: For Personal Services........................... $ 4,674,055 For Retirement - Paid by Employer............... 2,183,971 For State Contributions to State Employees' Retirement.................. 447,713 For State Contributions to Social Security.............................. 357,827 For Contractual Services........................ 1,281,200 For Travel...................................... 173,400 For Commodities................................. 65,500 For Printing.................................... 89,700 For Equipment................................... 57,100 For Electronic Data Processing.................. 1,974,400 For Telecommunications.......................... 173,000 For Operation of Automotive Equipment......................... 9,200 For Probation Training.......................... 295,400 For Contractual Services: Judicial Conference
157 [April 7, 2000] and Supreme Court Committees................. 328,700 For Judges' Out-of-State Educational Programs......................... 57,900 For Training of Circuit Court Officers and Personnel................................ 50,000 Total, this Section $12,219,066 Section 30. The sum of $10,000, or so much thereof as may be necessary, is appropriated to the Supreme Court for the contingent expenses of the Illinois Courts Commission. Section 35. The sum of $8,320,000, or so much thereof as may be necessary, is appropriated from the Mandatory Arbitration Fund to the Supreme Court for Mandatory Arbitration Programs. Section 40. The sum of $100,000, or so much thereof as may be necessary, is appropriated from the Foreign Language Interpreter Fund to the Supreme Court for the Foreign Language Interpreter Program. ARTICLE 7 Section 5. The following named amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Office of the Secretary of State to meet the ordinary, contingent and distributive expenses of the following organizational units of the Office of the Secretary of State: EXECUTIVE GROUP For Personal Services: For Regular Positions: Payable from General Revenue Fund ......................................... $ 3,933,010 For Extra Help: Payable from General Revenue Fund ......................................... 20,328 For Employee Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 2,027,723 Payable from Road Fund ....................... 3,394,727 Payable from Vehicle Inspection Fund ............................. 43,648 For State Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 387,427 For State Contribution to Social Security: Payable from General Revenue Fund ........................................ 302,430 For Contractual Services: Payable from General Revenue Fund ......................................... 821,100 For Travel Expenses: Payable from General Revenue Fund ......................................... 82,300 For Commodities: Payable from General Revenue Fund ......................................... 37,700 For Printing: Payable from General Revenue Fund ......................................... 12,600 For Equipment: Payable from General Revenue Fund ......................................... 1 For Telecommunications: Payable from General Revenue Fund ......................................... 173,000 GENERAL ADMINISTRATIVE GROUP For Personal Services:
[April 7, 2000] 158 For Regular Positions: Payable from General Revenue Fund ......................................... $37,689,870 Payable from Road Fund......................... 4,888,773 Payable from Securities Audit and Enforcement Fund.......................... 2,329,156 Payable from Division of Corporations Special Operations Fund....................... 455,674 Payable from Lobbyist Registration Fund ......................................... 180,566 Payable from Registered Limited Liability Partnership Fund.................... 60,335 For Extra Help: Payable from General Revenue Fund ......................................... 637,498 Payable from Road Fund......................... 362,475 Payable from Securities Audit and Enforcement Fund.......................... 11,400 Payable from Division of Corporations Special Operations Fund....................... 19,012 For Employee Contribution to State Employees' Retirement System: Payable from Securities Audit and Enforcement Fund......................... 93,166 Payable from Division of Corporations Special Operations Fund...................... 18,876 Payable from Lobbyist Registration Fund ........................................ 7,223 Payable from Registered Limited Liability Partnership Fund................... 2,413 For State Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 3,756,082 Payable from Road Fund........................ 514,623 Payable from Securities Audit and Enforcement Fund......................... 229,374 Payable from Division of Corporations Special Operations Fund...................... 46,519 Payable from Lobbyist Registration Fund ........................................ 17,695 Payable from Registered Limited Liability Partnership Fund................... 5,913 For State Contribution to Social Security: Payable from General Revenue Fund ........................................ 2,818,622 Payable from Road Fund........................ 387,443 Payable from Securities Audit and Enforcement Fund......................... 176,723 Payable from Division of Corporations Special Operations Fund...................... 36,313 Payable from Lobbyist Registration Fund ........................................ 13,813 Payable from Registered Limited Liability Partnership Fund................... 4,616 For Group Insurance: Payable from Securities Audit and Enforcement Fund.......................... 313,200 Payable from Division of Corporations Special Operations Fund....................... 73,950 Payable from Lobbyist Registration Fund ......................................... 29,000 Payable from Registered Limited Liability Partnership Fund.................... 11,600
159 [April 7, 2000] For Contractual Services: Payable from General Revenue Fund ......................................... 13,176,700 Payable from Road Fund......................... 1,279,445 Payable from Securities Audit and Enforcement Fund.......................... 359,047 Payable from Division of Corporations Special Operations Fund....................... 33,053 Payable from Motor Fuel Tax Fund............... 475,700 Payable from Lobbyist Registration Fund ......................................... 16,165 Payable from Registered Limited Liability Partnership Fund.................... 450 For Travel Expenses: Payable from General Revenue Fund ......................................... 199,300 Payable from Road Fund......................... 305,205 Payable from Securities Audit and Enforcement Fund.......................... 246,034 Payable from Division of Corporations Special Operations Fund....................... 5,588 Payable from Lobbyist Registration Fund ......................................... 1,200 For Commodities: Payable from General Revenue Fund ......................................... 962,300 Payable from Road Fund......................... 31,358 Payable from Securities Audit and Enforcement Fund.......................... 20,000 Payable from Division of Corporations Special Operations Fund....................... 8,200 Payable from Lobbyist Registration Fund ......................................... 4,000 Payable from Registered Limited Liability Partnership Fund.................... 950 For Printing: Payable from General Revenue Fund ......................................... 760,147 Payable from Road Fund......................... 33,710 Payable from Securities Audit and Enforcement Fund.......................... 25,210 Payable from Division of Corporations Special Operations Fund....................... 7,562 Payable from Lobbyist Registration Fund ......................................... 5,500 For Equipment: Payable from General Revenue Fund ......................................... 401,200 Payable from Road Fund......................... 1 Payable from Securities Audit and Enforcement Fund.......................... 187,000 Payable from Division of Corporations Special Operations Fund....................... 53,640 Payable from Lobbyist Registration Fund ......................................... 23,750 Payable from Registered Limited Liability Partnership Fund.................... 8,555 For Electronic Data Processing: Payable from General Revenue Fund.............. 1 Payable from Road Fund......................... 1 Payable from the Secretary of State Special Services Fund......................... 4,000,000 For Telecommunications: Payable from General Revenue Fund ......................................... 425,700 Payable from Road Fund......................... 75,447
[April 7, 2000] 160 Payable from Securities Audit and Enforcement Fund.......................... 95,004 Payable from Division of Corporations Special Operations Fund....................... 7,932 Payable from Lobbyist Registration Fund ......................................... 2,100 Payable from Registered Limited Liability Partnership Fund.................... 770 For Operation of Automotive Equipment: Payable from General Revenue Fund ......................................... 372,000 For Refund of Fees and Taxes: Payable from General Revenue Fund ......................................... 15,000 Payable from Road Fund......................... 1,275,501 MOTOR VEHICLE GROUP For Personal Services: For Regular Positions: Payable from General Revenue Fund.............. $ 28,415,756 Payable from Road Fund......................... 52,530,174 Payable from Vehicle Inspection Fund........... 1,042,458 Payable from the Secretary of State Special License Plate Fund.................... 403,160 Payable from Motor Vehicle Review Board Fund.................................... 105,002 For Extra Help: Payable from General Revenue Fund ......................................... 134,988 Payable from Road Fund......................... 5,234,982 Payable From Vehicle Inspection Fund........... 48,730 For Employees Contribution to State Employees' Retirement System: Payable from the Secretary of State Special License Plate Fund................... 16,126 Payable from Motor Vehicle Review Board Fund................................... 4,200 For State Contribution to State Employees' Retirement System: Payable from General Revenue Fund ........................................ 837,925 Payable from Road Fund........................ 7,620,986 Payable From Vehicle Inspection Fund.......... 106,936 Payable from the Secretary of State Special License Plate Fund................... 39,510 Payable from Motor Vehicle Review Board Fund................................... 10,290 For State Contribution to Social Security: Payable from General Revenue Fund ........................................ 639,168 Payable from Road Fund........................ 5,328,903 Payable From Vehicle Inspection Fund.......... 80,349 Payable from the Secretary of State Special License Plate Fund................... 30,439 Payable from Motor Vehicle Review Board Fund................................... 8,033 For Group Insurance: Payable From Vehicle Inspection Fund........... 209,960 Payable from the Secretary of State Special License Plate Fund.................... 87,000 For Contractual Services: Payable from General Revenue Fund ......................................... 446,700 Payable from Road Fund......................... 12,060,100 Payable from Vehicle Inspection Fund........... 577,572 Payable from CDLIS AAMVANET
161 [April 7, 2000] Trust Fund.................................... 450,000 Payable from the Secretary of State Special License Plate Fund.................... 8,440 Payable from Motor Vehicle Review Board Fund.................................... 70,000 For Travel Expenses: Payable from General Revenue Fund ......................................... 131,800 Payable from Road Fund......................... 713,600 Payable from Vehicle Inspection Fund........... 4,000 Payable from the Secretary of State Special License Plate Fund.................... 1,652 Payable from Motor Vehicle Review Board Fund.................................... 2,500 For Commodities: Payable from General Revenue Fund ......................................... 263,500 Payable from Road Fund......................... 6,200,537 Payable from Vehicle Inspection Fund........... 24,000 Payable from the Secretary of State Special License Plate Fund.................... 368,419 For Printing: Payable from General Revenue Fund ......................................... 200,900 Payable from Road Fund......................... 4,823,085 Payable from Vehicle Inspection Fund........... 65,900 Payable from the Secretary of State Special License Plate Fund.................... 1 For Equipment: Payable from General Revenue Fund ......................................... 1 Payable from Road Fund......................... 851,581 Payable from Vehicle Inspection Fund........... 1 Payable from the Secretary of State Special License Plate Fund.................... 70,105 Payable from Motor Vehicle Review Board Fund.................................... 1 For Telecommunications: Payable from General Revenue Fund ......................................... 75,600 Payable from Road Fund......................... 2,111,842 Payable from Vehicle Inspection Fund........... 4,300 Payable from the Secretary of State Special License Plate Fund.................... 1 For Operation of Automotive Equipment: Payable from Road Fund......................... 458,000 Section 10. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated to the Office of the Secretary of State for alterations, rehabilitation, and nonrecurring repairs and maintenance of the interior and exterior of the various buildings and facilities, under the jurisdiction of the Office of the Secretary of State, including sidewalks, terrace and grounds and all labor, materials, and other costs incidental to the above work: From General Revenue Fund....................... $650,000 Section 15. The following amount, or so much of this amount as may be necessary, is appropriated to the Office of the Secretary of State for plans, specifications, and continuation of work pursuant to the report and recommendations of the architectural, structural, and mechanical surveys of the State Capitol Building. This is for the continuation of the rehabilitation of the Capitol Building: From Capital Development Fund................... $1,500,000
[April 7, 2000] 162 Section 20. The following amounts, or so much of these amounts as may be necessary, is appropriated to the office of the Secretary of State for the following purposes: For annual equalization grants, per capita and area grants, and per capita grants to public libraries, under Section 8 of the Illinois Library Systems Act. This amount is in addition to any amount otherwise appropriated to the Office of the Secretary of State: From General Revenue Fund ...................... $24,284,200 From Live and Learn Fund ....................... $ 9,500,000 Section 25. The following amount, or so much of this amount as may be necessary, is appropriated to the office of the Secretary of State for library services for the blind and physically handicapped: From General Revenue Fund....................... $2,427,136 From Live and Learn Fund ....................... $ 300,000 Section 30. The following amount, or so much of this amount as may be necessary, is appropriated to the office of the Secretary of State for tuition and fees for Illinois Archival Depository System Interns: From General Revenue Fund....................... $42,500 Section 35. The following amounts, or so much of these amounts as may be necessary, respectively, are appropriated to the office of the Secretary of State for the following purposes: For library services under the Federal Library Services and Construction Act, P.L. 84-597 and P.L. 104-208, as amended. These amounts are in addition to any amounts otherwise appropriated to the Office of the Secretary of State. From Federal Library Services Fund: For LSTA Title IA.............................. 8,454,500 For LSCA ..................................... 175,800 Section 40. The following amount, or so much of this amount as may be necessary, is appropriated to the Office of the Secretary of State for support and expansion of the Literacy Programs administered by education agencies, libraries, volunteers, or community based organizations or a coalition of any of the above: From General Revenue Fund....................... $5,000,000 Section 45. The amount of $286,000, or so much thereof as may be necessary, and remains unexpended on June 30, 1999, from appropriations heretofore made for such purposes in Section 45 of Article 10 of Public Act 90-585, is reappropriated from the Capital Development Fund to the Secretary of State, as State Librarian, for the purpose of making grants to the Brainerd Branch Public Library for construction and renovation as provided in Section 8 of the Illinois Library Systems Act. Section 50. The amount of $10,000, or so much of this amount as may be necessary, is appropriated from the General Revenue Fund to the Office of the Secretary of State for nonsalaried expenses used in furtherance of investigative and enforcement activities under the Illinois Securities Act of 1953, and which have been approved for reimbursement by any entity, governmental or nongovernmental, making funds available for such purposes. Section 55. The amount of $128,000, or so much of this amount as may be necessary, is appropriated from the Office of the Secretary of State Grant Fund to the Office of the Secretary of State to be expended in accordance with the terms and conditions upon which such funds were received. Section 60. The following amount, or so much of this amount as may be necessary, is appropriated to the Office of the Secretary of State for the following purposes:
163 [April 7, 2000] For annual per capita grants to all school districts of the state for the establishment and operation of qualified school libraries or the additional support of existing qualified school libraries under Section 8.4 of the Illinois Library Systems Act. This amount is in addition to any amount otherwise appropriated to the Office of the Secretary of State. From General Revenue Fund ...................... $425,000 From Live and Learn Fund ....................... $1,000,000 Section 65. The amount of $76,000, or so much of this amount as may be necessary, is appropriated to the Office of the Secretary of State from the Securities Investors Education Fund for nonsalaried expenses used to promote public awareness of the dangers of securities fraud. Section 70. The amount of $4,700, or so much thereof as may be necessary, and remains unexpended on June 30, 1999, from appropriations heretofore made for such purposes in Section 70 of Article 10 of Public Act 90-585, is reappropriated from the Illinois Civic Center Bond Fund to the Secretary of State for a grant under the amended Metropolitan Civic Center Support Act to the Chicago Public Library for all cost associated with the planning, specifications, and continuations of renovations or new construction, including furnishings and equipment for the following capital projects: For completion of capital projects begun under the Build Illinois Program in Fiscal Year 1990 ............ $4,700 Including the following projects: Clearing Branch Near West Branch North Pulaski/Humboldt Branch Consolidation Auburn/Hamilton Park Branch Consolidation McKinley Park Branch Walker Branch North Austin Branch South Chicago Branch Pullman Branch Section 75. The following amount, or so much of this amount as may be necessary, is appropriated to the office of the Secretary of State for support and expansion of the Workplace Literacy Programs administered by business. From General Revenue Fund ...................... $1,000,000 Section 80. The amount of $100,000, or so much of this amount as may be necessary, is appropriated to the Secretary of State from the Secretary of State Evidence Fund for the purchase of evidence, for the employment of persons to obtain evidence, and for the payment for any goods or services related to obtaining evidence. Section 85. The following amounts, or so much of these amounts as may be necessary, are appropriated to the Secretary of State for grants to library systems for library computers and new technologies to promote and improve interlibrary cooperation and resource sharing programs among Illinois libraries. From Live and Learn Fund........................ $2,000,000 Section 90. The following amounts, or so much of these amounts as may be necessary, respectively, are appropriated to the Office of the Secretary of State for support and expansion of Family Literacy Programs. This amount is in addition to any amount otherwise appropriated to the Office of the Secretary of State. From Live and Learn Fund ....................... $ 500,000 From Secretary of State Special Services Fund.................................. 1,000,000 From General Revenue Fund ...................... 400,000
[April 7, 2000] 164 Section 95. The following amount, or so much of this amount as may be necessary, is appropriated to the Secretary of State from the Live and Learn Fund for the purpose of making grants to libraries for construction and renovation as provided in Section 8 of the Illinois Library Systems Act. This amount is in addition to any amount otherwise appropriated to the Office of the Secretary of State. From Live and Learn Fund ....................... $4,900,000 Section 100. The following amount, or so much of this amount as may be necessary, is appropriated to the Secretary of State from the Live and Learn Fund for the purpose of promotion of organ and tissue donations. From Live and Learn Fund ....................... $2,000,000 Section 105. The amount of $5,454,032, or so much thereof as may be necessary, and remains unexpended on June 30, 1999, from appropriations heretofore made for such purposes in Section 95 and Section 105 of Article 10 of Public Act 90-585, is reappropriated from Live and Learn Fund to the Office of the Secretary of State for the purpose of making grants to libraries for construction and renovation as provided by Section 8 of the Illinois Library Systems Act. Section 110. The amount of $100,000, or so much thereof as may be necessary, and remains unexpended on June 30, 1999, from appropriations heretofore made for such purposes in Section 110 of Article 10 of Public Act 90-585, is reappropriated from Capital Development Fund to the Secretary of State for making grants to the Chicago Library System for land acquisition, planning, construction, reconstruction, rehabilitation, and all necessary cost associated with the establishment of a regional library. Section 115. The amount of $50,000, or so much of this amount as may be necessary is appropriated from the Road Fund to the Office of the Secretary of State for expenses incurred in the furtherance of enforcement activities for the Breath Alcohol Ignition Interlock Device pilot program set forth in P.A. 88-238, and which have been approved by any governmental entity making funds available for such purposes. Section 120. The amount of $8,000,000, or so much thereof as may be necessary, is appropriated from the Secretary of State Special Services Fund to the Office of the Secretary of State for office automation and technology. Section 125. The following amounts, or so much of these amounts as may be necessary, are appropriated to the Office of the Secretary of State for annual library technology grants and for direct purchase of equipment and services that support library development and technology advancement in libraries statewide. From Secretary of State Special Services Fund.................................. $4,000,000 From Live and Learn Fund ....................... 700,000 From General Revenue Fund ...................... 814,117 Total $5,514,117 Section 135. The sum of $7,000,000, or so much of this amount as may be necessary, respectively, is appropriated to the Office of the Secretary of State for expenses associated with assuring that all computer applications, both hardware and software, as well as the office embedded systems will be Y2K compliant and capable of meeting all requirements generated by the year 2000. ARTICLE 8 Section 5. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the following divisions of the State Comptroller for the Fiscal Year ending June 30, 2000: Administration For Personal Services........................... $3,431,800
165 [April 7, 2000] For Employee Retirement Contributions Paid by the Employer........................ 137,300 For State Contribution to State Employees' Retirement System................ 336,300 For State Contribution to Social Security............................. 262,500 For Contractual Services........................ 1,657,900 For Travel...................................... 53,100 For Commodities................................. 66,700 For Printing.................................... 71,000 For Equipment................................... 12,800 For Telecommunications.......................... 287,300 For Electronic Data Processing.................. 31,000 For Operation of Auto Equipment..................................... 17,700 Total $6,748,000 Statewide Fiscal Operations For Personal Services........................... $4,183,500 For Employee Retirement Contributions Paid by the Employer.......................... 167,300 For State Contribution to State Employees' Retirement System.................. 410,000 For State Contribution to Social Security............................... 320,100 For Contractual Services........................ 355,800 For Travel...................................... 8,800 For Commodities................................. 43,200 For Printing.................................... 0 For Equipment................................... 1,000 For Electronic Data Processing.................. 0 Total $5,653,600 Electronic Data Processing For Personal Services........................... $4,065,500 For Employee Retirement Contributions Paid by the Employer.......................... 162,600 For State Contribution to State Employees' Retirement System.................. 398,400 For State Contribution to Social Security............................... 311,000 For Contractual Services........................ 2,715,900 For Travel...................................... 4,000 For Commodities................................. 209,900 For Printing.................................... 401,000 For Equipment................................... 0 For Telecommunications.......................... 0 For Electronic Data Processing.................................... 1,839,500 Total $10,762,900 Special Audits For Personal Services........................... $1,722,100 For Employee Retirement Contributions Paid by the Employer.......................... 68,900 For State Contribution to State Employees' Retirement System.................. 168,800 For State Contribution to Social Security............................... 131,700 For Contractual Services........................ 35,600 For Travel...................................... 78,500 For Commodities................................. 3,000 For Printing.................................... 0 For Equipment................................... 0 For Electronic Data Processing.................. 0 For Expenses of Local Government Officials Training............................ 12,500 For Contractual Services for auditing local governments............................. 19,500
[April 7, 2000] 166 Total $2,240,600 Merit Commission For Merit Commission Expenses.........................$74,800 Section 7. The sum of $1,323,500, or so much thereof as may be necessary, is appropriated to the State Comptroller from the Comptroller's Administrative Fund for the discharge of duties of the office, pursuant to Public Act 89-511. Section 10. The amount of $50,300, or so much thereof as may be necessary, is appropriated to the State Comptroller from the State Lottery Fund for expenses in connection with the State Lottery. Section 15. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the State Comptroller to pay the elected State officers of the Executive Branch of the State Government, at various rates prescribed by law: For the Governor................................ $ 140,200 For the Lieutenant Governor..................... 107,200 For the Secretary of State...................... 123,700 For the Attorney General........................ 123,700 For the Comptroller............................. 107,200 For the State Treasurer......................... 107,200 Total $709,200 Section 20. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the State Comptroller to pay certain appointed officers of the Executive Branch of the State Government, at the various rates prescribed by law: From General Revenue Fund Department on Aging For the Director................................ $ 82,500 Department of Agriculture For the Director................................ 99,000 For the Assistant Director...................... 82,500 Department of Central Management Services For the Director................................ 103,100 For two Assistant Directors..................... 173,200 Department of Children and Family Services For the Director................................ 104,700 Department of Corrections For the Director................................ 115,600 For two Assistant Directors..................... 164,900 Department of Commerce and Community Affairs For the Director................................ 99,000 For the Assistant Director...................... 82,500 Environmental Protection Agency For the Director................................ 99,000 Department of Financial Institutions For the Director................................ 82,500 For the Assistant Director...................... 70,900 Department of Human Services For the Secretary............................... 115,600 For 2 Assistant Secretaries..................... 181,400 Department of Insurance For the Director................................ 90,700 For the Assistant Director...................... 74,200 Department of Labor For the Director................................ 90,700 For the Assistant Director...................... 74,200 For the Chief Factory Inspector................. 41,300 For the Superintendent of Safety Inspection and Education................................. 45,400 Department of State Police For the Director................................ 99,000 For the Assistant Director...................... 82,500 Department of Military Affairs
167 [April 7, 2000] For the Adjutant General........................ 80,000 For two Chief Assistants to the Adjutant General.............................. 141,800 Department of Natural Resources For the Director................................ 99,000 For the Assistant Director...................... 82,500 For six Mine Officers........................... 74,200 For four Miners' Examining Officers............. 40,800 Department of Nuclear Safety For the Director................................ 85,800 Illinois Labor Relations Board For the Chairman................................ 82,500 For two State Labor Relations Board members....................................... 148,400 For two Local Labor Relations Board members....................................... 148,400 Department of Public Aid For the Director................................ 107,200 For the Assistant Director...................... 90,700 Department of Public Health For the Director................................ 107,200 For the Assistant Director...................... 90,700 Department of Professional Regulation For the Director................................ 90,700 Department of Revenue For the Director................................ 107,200 For the Assistant Director...................... 90,700 Property Tax Appeal Board For the Chairman................................ 49,200 For four members ............................... 160,100 Department of Veterans' Affairs For the Director................................ 80,000 For the Assistant Director...................... 70,900 Civil Service Commission For the Chairman................................ 19,100 For two members................................. 29,700 Commerce Commission For the Chairman................................ 102,800 For four members................................ 362,700 Court of Claims For the Chief Judge............................. 52,300 For the six Judges.............................. 284,000 State Board of Elections For the Chairman................................ 46,200 For the Vice-Chairman........................... 38,000 For six members................................. 173,500 Illinois Emergency Management Agency For the Director................................ 80,000 Department of Human Rights For the Director................................ 85,800 Human Rights Commission For the Chairman................................ 39,700 For twelve members.............................. 439,400 Industrial Commission For the Chairman................................ 99,000 For six members................................. 557,000 Liquor Control Commission For the Chairman................................ 23,000 For four members................................ 77,600 For the Secretary............................... 29,700 For the Chairman and one member as designated by law, $100 per diem for work on a license appeal commission.................................... 6,800 Pollution Control Board For the Chairman................................ 95,700
[April 7, 2000] 168 For six members................................. 554,700 Prisoner Review Board For the Chairman................................ 72,800 For eleven members of the Prisoner Review Board......................... 725,200 Secretary of State Merit Commission For the Chairman................................ 13,600 For four members................................ 39,600 State Sanitary District Observer For the State Sanitary District Observer........ 24,800 Educational Labor Relations Board For the Chairman................................ 82,500 For four members................................ 291,000 Department of State Police For five members of the State Police Merit Board, $181 or $188 per diem, whichever is applicable in accordance with law, for a maximum of 100 days each..................................... 92,600 Department of Transportation For the Secretary............................... 107,200 For the Assistant Secretary..................... 90,700 Total, General Revenue Fund $9,019,100 Office of the State Fire Marshal For the State Fire Marshal: From Fire Prevention Fund............................80,000 Illinois Racing Board For nine members of the Illinois Racing Board, $300 per diem to a maximum of $9,894 as prescribed by law: From Agricultural Premium Fund.........................86,800 Department of the Lottery For the Director: From State Lottery Fund..............................90,700 Commissioner of Banks and Trust Companies Payable from Bank and Trust Company Fund: For the Commissioner............................ 102,600 For the First Deputy Commissioner............... 94,700 For two Deputy Commissioners.................... 173,600 Total, Bank and Trust Company Fund.......... $370,900 Department of Employment Security Payable from Title III Social Security and Employment Service Fund: For the Director................................ 107,200 For five members of the Board of Review..................................... 75,000 Total $182,200 Subtotals: General Revenue............................... $ 9,019,100 Fire Prevention............................... 80,000 Agricultural Premium.......................... 86,800 State Lottery................................. 90,700 Bank and Trust Company Fund................... 370,900 Title III Social Security and Employment Service Fund...................... 182,200 Total $9,829,700 Section 25. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the State Comptroller to pay certain officers of the Legislative Branch of the State Government, at the various rates prescribed by law: Office of Auditor General For the Auditor General......................... $ 104,700 For two Deputy Auditor Generals................. 194,600 Total $299,300 Officers and Members of General Assembly
169 [April 7, 2000] For salaries of the 118 members of the House of Representatives................. $ 6,429,800 For salaries of the 59 members of the Senate.... 3,229,000 Total $9,658,800 For additional amounts, as prescribed by law, for party leaders in both chambers as follows: For the Speaker of the House, the President of the Senate and Minority Leaders of both Chambers............. $ 87,000 For the Majority Leader of the House............ 18,400 For the eleven assistant majority and minority leaders in the Senate................ 179,500 For the twelve assistant majority and minority leaders in the House............. 171,300 For the majority and minority caucus chairmen in the Senate................. 32,700 For the majority and minority conference chairmen in the House.............. 28,600 For the two Deputy Majority and the two Deputy Minority leaders in the House.......... 62,600 For chairmen and minority spokesmen of standing committees in the Senate except the Rules Committee, the Committee on Committees and the Committee on the Assignment of Bills............................. 277,400 For chairmen and minority spokesmen of standing and select committees in the House....................... 717,900 Total $1,575,400 For per diem allowances for the members of the Senate, as provided by law............................... $ 401,400 For per diem allowances for the members of the House, as provided by law............................... 802,800 For mileage for all members of the General Assembly, as provided by law........................................ 420,000 Total $1,624,200 Section 30. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the State Comptroller in connection with the payment of salaries for officers of the Executive and Legislative Branches of State Government: For State Contribution to State Employees' Retirement System: From General Revenue Fund.................... $ 913,300 From Agricultural Premium Fund............... 8,600 From Fire Prevention Fund.................... 7,900 From State Lottery Fund...................... 8,900 From Bank and Trust Company Fund............. 36,400 From Title III Social Security and Employment Service Fund................. 17,900 Total $993,000 For State Contribution to Social Security: From General Revenue Fund..................... $ 886,100 From Agricultural Premium Fund................ 6,700 From Fire Prevention Fund..................... 6,200 From State Lottery Fund....................... 7,000 From Bank and Trust Company Fund.............. 28,400 From Title III Social Security and Employment Service Fund.................. 14,000 Total $948,400 For Group Insurance:
[April 7, 2000] 170 From Fire Prevention Fund..................... $ 5,800 From State Lottery Fund....................... 5,800 From Bank and Trust Company Fund.............. 23,200 From Title III Social Security and Employment Service Fund...................... 34,800 Total $69,600 Section 35. The amount of $50,000, or so much thereof as may be necessary, is appropriated to the State Comptroller for contingencies in the event that any amounts appropriated in Sections 15 through 30 are insufficient. Section 40. The amount of $4,259,000, or so much thereof as may be necessary, is appropriated to the State Comptroller for grants to certain public radio and television stations and related administrative expenses, pursuant to the Public Radio and Television Grant Act. Section 999. Effective date. This Act takes effect July 1, 1999.". AMENDMENT NO. 02. Amend House Bill 1534, in the Senate, on page 1, by deleting everything after the enacting clause and inserting in lieu thereof the following: "ARTICLE 1 Section 1. "AN ACT regarding appropriations and reappropriations," Public Act 91-20, approved June 7, 1999, is amended by changing Section 6 of Article 13 as follows: (P.A. 91-20, Art. 13, Sec. 6) Sec. 6. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the ordinary and contingent expenses of the Department on Aging: DISTRIBUTIVE ITEMS GRANTS-IN-AID Payable from General Revenue Fund: For the purchase of Illinois Community Care Program homemaker and Senior Companion Services ............ $159,377,000
171 [April 7, 2000] Payable from Services for Older Americans Fund: For Grants for Social Services ............... $ 18,330,100 For Grants for Nutrition Services ............ 27,380,400 For Grants for Employment Services ........... 3,383,700 For Grants for USDA Adult Day Care ........... 1,000,000 Total $50,094,200 Section 2. "AN ACT regarding appropriations and reappropriations," Public Act 91-20, approved June 7, 1999, is amended by changing Sections 11A and 17 of Article 14 as follows: (P.A. 91-20, Art. 14, Sec. 11A) Sec. 11A. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Agriculture for: BUREAU OF STATE FAIR Payable from the Illinois State Fair Fund: For Operations of the 1999 State Fair ............... $2,245,500
[April 7, 2000] 172 For Equipment ................................ 1,700 For Telecommunications Services .............. 14,900 For Operation of Auto Equipment .............. 900 For payment of claims under the Representation and Indemnification in Civil Law Suits Act ...................... 2,447,200 For payment of Workers' Compensation Act claims and contractual services in connection with said claims payments .................................... 17,703,000 For auto liability, adjusting and administration of claims, loss control and prevention services, and auto liability claims .............. 3,402,900
173 [April 7, 2000] Expenditures for this purpose may be made by the Department of Central Management Services without regard to the fiscal year in which benefit or services was rendered or cost incurred as allowable or provided by the Workers' Compensation Act or the Workers' Occupational Diseases Act. PAYABLE FROM STATE EMPLOYEES DEFERRED COMPENSATION FUND For expenses related to the administration of the State Employees Deferred Compensation Plan.............................$ 1,856,900 Section 4. "AN ACT regarding appropriations," Public Act 91-23, approved June 9, 1999, is amended by changing Section 13 of Article 10 as follows: (P.A. 91-23, Art. 10, Sec. 13) Sec. 13. The following named amounts, or so much thereof as may be necessary, respectively, for payments for care of children served by the Department of Children and Family Services: GRANTS-IN-AID REGIONAL OFFICES PAYABLE FROM GENERAL REVENUE FUND For Foster Homes and Specialized Foster Care and Prevention ................ $268,192,900
[April 7, 2000] 174 Section 5. "AN ACT regarding appropriations and reappropriations," Public Act 91-20, approved June 7, 1999, as amended, is amended by changing Sections 13, 72, 119, 185, 261, 276, 285, 357, 358, 359, 360, 362, 366, 433, 443, 476, 570, 599, 607, 614, 696, 701, 809, 820, 897, 972, 1017, 1126, 1250, 1281, 1282, 1283, 1284 and 1300 of Article 16, as amended by P.A. 91-687, approved March 8, 2000,as follows: (P.A. 91-20, Art. 16, Sec. 13) Sec. 13. The sum of $9,313,100
175 [April 7, 2000] (P.A. 91-20, Art. 16, Sec. 358) Sec. 358. The amount of $20,000, or so much thereof as may be necessary, is appropriated from the Fund for Illinois' Future to the Department of Commerce and Community Affairs for a one-time grant to the
[April 7, 2000] 176 (P.A. 91-20, Art. 16, Sec. 607) Sec. 607. The amount of $24,000, or so much thereof as may be necessary, is appropriated from the Fund for Illinois' Future to the Department of Commerce and Community Affairs for a grant to the Village of McCullom Lake for the purpose of purchasing computers for squad cars and/or equipment.
177 [April 7, 2000] (P.A. 91-20, Art. 16, Sec. 1250, as amended) Sec. 1250. The sum of $600,000, or so much thereof as may be necessary, is appropriated from the Capital Development Fund to the Department of Commerce and Community Affairs for a grant to the Spring Garden Township
[April 7, 2000] 178 Section 6. "AN ACT regarding appropriations and reappropriations," Public Act 91-20, approved June 7, 1999, is amended by changing Section 2 of Article 17 as follows: (P.A. 91-20, Art. 17, Sec. 2) Sec. 2. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Corrections for: ADULT FIELD SERVICES For Personal Services .......... $ 25,159,200
179 [April 7, 2000] For Emergency Assistance for Families with Dependent Children ............ 2,000,000 For Funeral and Burial Expenses under Articles III, IV, and V ..................... 5,637,000 For Refugees ................................. 2,994,500 For State Family and Children Assistance .................................. 1,390,000 For State Transitional Assistance ............ 10,860,700 For Services to Non-Citizens pursuant to 305 ILCS 5/12-4.34 ....................... 2,000,000 Total $583,095,500 The Department, with the consent in writing from the Governor, may reapportion not more than ten percent of the total appropriation of General Revenue Funds in Section 1 above "For Income Assistance and Related Distributive Purposes" among the various purposes therein enumerated, excluding Emergency Assistance for Families with Dependent Children. The Department, with the consent in writing from the Governor, may reapportion not more than six percent of the appropriation "For Temporary Assistance for Needy Families under Article IV" representing savings attributable to not increasing grants due to the births of additional children to the appropriation from the General Revenue Fund in Section 39.1 in this article for Employability Development Services. (P.A. 91-20, Art. 19, Sec. 5) Sec. 5. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenses of the Department of Human Services: TINLEY PARK MENTAL HEALTH CENTER For Personal Services .......... $17,394,600
[April 7, 2000] 180 For Repair, Maintenance and other Capital Improvements at various facilities .......... $ 1,623,900
181 [April 7, 2000] For Purchase of Care for Children and Adolescents with Mental Illness approved through the Individual Care Grant Program: Payable from General Revenue Fund .......... 20,465,200 For Costs Associated with Children and Adolescent Mental Health Programs: Payable from General Revenue Fund ........... 10,771,500 For Teen Suicide Prevention Including Provisions Established in Public Act 85-0928: Payable from Community Mental Health Services Block Grant Fund .................. 206,400 For Grants for Mental Health Research: Payable from Mental Health Research Fund ....................................... 150,000 Total $322,309,800 For Community Service Grant Programs for Persons with Developmental Disabilities: Payable from General Revenue Fund: ......... $94,486,300 For Community Integrated Living Arrangements for the Persons with Developmental Disabilities: Payable from General Revenue Fund .......... 209,300,300 For Purchase of Care for Persons with Developmental Disabilities: Payable from General Revenue Fund .......... 80,658,700 Payable from the Mental Health Fund ........ 9,965,600 For Medicaid Services for Persons with Developmental Disabilities: Payable from General Revenue Fund ............ 13,790,800 For costs associated with the provision of Specialized Services to Persons with Developmental Disabilities, Payable from General Revenue Fund ............ 9,880,000 Total $418,081,700 (P.A. 91-20, Art. 19, Sec. 16) Sec. 16. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: LINCOLN DEVELOPMENTAL CENTER For Personal Services .......... $23,227,900
[April 7, 2000] 182 For Personal Services .......... $22,002,700
183 [April 7, 2000] Department of Human Services: CHICAGO-READ MENTAL HEALTH CENTER For Personal Services .......... $25,341,000
[April 7, 2000] 184 Payable from the Vocational Rehabilitation Fund: For Personal Services ........................ $ 600,900 For Employee Retirement Contributions Paid by Employer ................................. 24,000 For Retirement Contributions ................. 58,900 For State Contributions to Social Security ... 45,900 For Group Insurance .......................... 72,500 For Contractual Services ..................... 60,200 For Travel ................................... 15,100 For Commodities .............................. 300 For Equipment ................................ 40,000 For Telecommunications Services .............. 16,900 Total $934,700 Payable from the Drunk and Drugged Driving Prevention Fund: For Personal Services ........................ $ 219,000 For Employee Retirement Contributions Paid by Employer ................................. 8,800 For Retirement Contributions ................. 21,500 For State Contributions to Social Security ... 16,700 For Group Insurance .......................... 23,200 Total $289,200 Payable from the Alcohol and Substance Abuse Fund: For Personal Services ........................ $ 379,800 For Employee Retirement Contributions Paid by Employer ................................. 15,200 For Retirement Contributions ................. 37,200 For State Contributions to Social Security ... 29,000 For Group Insurance .......................... 46,400 For Contractual Services ..................... 1,879,400 For Travel ................................... 24,400 For Commodities .............................. 6,400 For Printing ................................. 19,000 For Equipment ................................ 10,500 For Electronic Data Processing ............... 451,300 For Telecommunications Services .............. 5,100 For Expenses Associated with the Administration of the Alcohol and Substance Abuse Prevention and Treatment Programs .......................... 222,200 Total $3,125,900 Payable from the Community Mental Health Services Block Grant Fund: For Personal Services ........................ $ 422,400 For Employee Retirement Contributions Paid by Employer ................................. 16,900 For Retirement Contributions ................. 41,400 For State Contributions to Social Security ... 32,100 For Group Insurance .......................... 58,000 For Contractual Services ....... 128,100
185 [April 7, 2000] (P.A. 91-20, Art. 19, Sec. 25) Sec. 25. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the General Revenue Fund to meet the ordinary and contingent expenditures of the Department of Human Services: ANN M. KILEY DEVELOPMENTAL CENTER For Personal Services .......... $14,807,100
[April 7, 2000] 186 For Travel ................................... 28,400 For Commodities .............................. 502,400 For Printing ................................. 19,400 For Equipment ................................ 63,200 For Telecommunications Services .............. 148,100 For Operation of Auto Equipment .............. 16,600 For Expenses Related to Living Skills Program .............................. 19,900 For Costs Associated with Behavioral Health Services - Madden Network ................... 150,000 Total $25,314,000 Section 8. "AN ACT regarding appropriations," Public Act 91-22, approved June 9, 1999, is amended by changing Sections 1, 2, 6 and 7 of Article 13 as follows: (P.A. 91-22, Art. 13, Sec. 1) Sec. 1. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Insurance: ADMINISTRATIVE AND SUPPORT DIVISION Payable from Insurance Producer Administration Fund: For Personal Services ........................ $ 747,700 For Employee Retirement Contributions Paid by Employer ............................ 29,900 For State Contributions to the State Employees' Retirement System ................ 73,300 For State Contributions to Social Security ............................. 56,600 For Group Insurance .......................... 127,600 For Contractual Services ....... 848,300
187 [April 7, 2000] For State Contributions to the State Employees' Retirement System .. 468,500
[April 7, 2000] 188 Payable from the Senior Health Insurance Program Fund ......... 600,000
189 [April 7, 2000] For Equipment .............................. 43,500 Total $19,602,900 Payable from Long Term Care Provider Fund: For Administrative Expenses ....................$ 149,000 CHILD SUPPORT ENFORCEMENT Payable from Child Support Enforcement Trust Fund: For Personal Services ...................... 44,790,500 For Employee Retirement Contributions Paid by Employer .......................... 1,791,600 For State Contributions to State Employees' Retirement System .............. 4,389,400 For State Contributions to Social Security ........................... 3,336,900 For Group Insurance ........................ 7,109,900 For Contractual Services ... 95,735,300
[April 7, 2000] 190 verification system ....................... 3,635,800 For Costs Associated with the Development, Implementation and Operation of a Medical Data Warehouse ................................. 3,000,000 For Refunds of Premium Payments Received Pursuant to Section 25(a)(2) of the Children's Health Insurance Program Act ............................... 100,000 Total $50,318,100 Payable from Provider Inquiry Trust Fund: For expenses associated with providing access and utilization of IDPA eligibility files ..................$ 7,500,000 The amount of $14,290,157, or so much thereof as may be necessary and remains unexpended at the close of business on June 30, 1999, from appropriations heretofore made in Article 38, Section 1, of Public Act 90-585, approved June 4, 1998, is reappropriated from the General Revenue Fund to the Department of Public Aid for costs associated with the development, implementation and operation of a Medical Data Warehouse. PUBLIC AID RECOVERIES Payable from Public Aid Recoveries Trust Fund: For Personal Services ...................... $ 3,375,300 For Employee Retirement Contributions Paid by Employer .......................... 135,000 For State Contributions to State Employees' Retirement System .............. 330,800 For State Contributions to Social Security ........................... 251,500 For Group Insurance ........................ 487,900 For Contractual Services ................... 7,645,200 For Travel ................................. 127,400 For Commodities ............................ 37,800 For Printing ............................... 23,300 For Equipment .............................. 458,000 For Telecommunications Services ............ 49,500 Total $12,921,700 (P.A. 91-20, Art. 21, Sec. 2) Sec. 2. In addition to any amounts heretofore appropriated, the following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Public Aid for Medical Assistance: FOR MEDICAL ASSISTANCE UNDER THE ILLINOIS PUBLIC AID CODE AND THE CHILDREN'S HEALTH INSURANCE PROGRAM ACT Payable from General Revenue Fund: For Physicians.............. $354,378,700
191 [April 7, 2000] For Appliances.............. 34,543,600
[April 7, 2000] 192 Administrative Expenditures: FOR MEDICAL ASSISTANCE UNDER THE ILLINOIS PUBLIC AID CODE AND THE CHILDREN'S HEALTH INSURANCE PROGRAM ACT Payable from County Provider Trust Fund: For Distributive Hospitals ................. $1,229,619,000
193 [April 7, 2000] For improvements to Matherville Road in Mercer County ............................... 150,000 (P.A. 91-20, Art. 24a, Sec. 97, as amended) Sec. 97. The sum of $1,400,000, or so much thereof as may be necessary, is appropriated from the Capital Development Fund to the Department of Transportation for a grant to McLean County
[April 7, 2000] 194 Section 16. "AN ACT regarding appropriations," Public Act 91-23, approved June 9, 1999, is amended by changing Section 1 of Article 11 as follows: (P.A. 91-31, Art. 11, Sec. 1) Sec. 1. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, to meet the ordinary and contingent expenses of the Illinois Health Care Cost Containment Council: Payable from the General Revenue Fund: For Personal Services .......... $ 652,200
195 [April 7, 2000] Employees' Retirement System ................ 44,700 For State Contributions to Social Security ............................. 34,900 For Contractual Services ..................... 234,200 For Travel ................................... 2,500 For Commodities .............................. 1,000 For Equipment ................................ 100 For Printing ................................. 3,000 For Telecommunications Services .............. 40,000 Total $816,500 Section 19. "AN ACT regarding appropriations and reappropriations," Public Act 91-20, approved June 7, 1999, is amended by changing Section 130, and adding new Section 420 to Article 10 as follows: (P.A. 91-20, Art. 10, Sec. 130) Sec. 130. The sum of $250,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund
[April 7, 2000] 196 For Travel...................................... 5,150 For Commodities................................. 11,300 For Printing.................................... 13,950 For Equipment..................... 92,550
197 [April 7, 2000] For Employee Retirement Contributions Paid By Employer............................ 50,239 For State Contributions to State Employees' Retirement System................ 123,084 For State Contributions to Social Security............................. 96,081 For Contractual Services........................ 26,886 For Travel...................................... 44,931 For Printing.................................... 27,700 For Equipment................................... 2,500 For Purchase of Election Codes.................. 15,000 For Uniform Data File Format for Registration Records........................ 550,000 For Technical Design Development for the Statewide Voter Registration System........... 140,000
[April 7, 2000] 198 2000 Redistricting Program pursuant to Public Law 94-171. (Total, this Section $5,912,519) ARTICLE 2 Section 1. In addition to any amounts previously appropriated for such purposes, the amount of $7,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Court of Claims to pay claims under the Crime Victims Compensation Act. Section 2. The following named amounts are appropriated from the General Revenue Fund to the Court of Claims to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 84-CC-0090, Foster G. McGaw Hospital. Medical Vendor, against the Department of Public Aid............................................. $26,208.69 No. 89-CC-0830, Billy E. Johnson. Back Salary, against the Department of Corrections... $56,835.50 No. 89-CC-3435, Judith A. Moroz. Personal Injury, against the Department of State Police.. $33,491.67 No. 90-CC-0124, Metropolitan Water Reclamation District of Greater Chicago. Debt, against the Department of Central Management Services........................................ $22,244.00 No. 91-CC-3439, Walter Jones. Personal Injury, against the Department of Corrections... $75,000.00 No. 92-CC-2996, SIU at Carbondale. Debt, against the Illinois Student Assistance Commission...................................... $24,456.07 No. 93-CC-2300, Darryl Whitehead. Personal Injury, against the Department of Corrections... $10,000.00 No. 93-CC-3412, Patricia Kipping. Personal Injury, against the Department of Employment Security........................................ $12,000.00 No. 94-CC-0468, Craig Niemiec. Personal Injury, against Illinois State University....... $75,000.00 No. 94-CC-0811, Harold Stojentin. Personal Injury, against the Department of Transportation. $8,935.00 No. 95-CC-0554, Evelyn Starr and Albert Starr. Personal Injury, against the Department of Transportation............................... $150,000.00 No. 95-CC-1398, Swedish American Hospital. Medical Vendor, against the Department of Public Aid............................................. $17,021.89 No. 95-CC-1615, William King. Personal Injury, against the Department of Corrections... $12,000.00 No. 96-CC-1393, DuPage County Health Department. Debt, against the Department of Human Services.................................. $13,835.11 No. 96-CC-3336, Joseph L. Gannon. Lost Warrant, against the Office of the Comptroller.. $65,460.66 No. 96-CC-4318, Elroy Seay. Personal Injury, against the Department of Corrections........... $11,500.00 No. 96-CC-4350, Nathaniel Williams. Personal Injury, against the Department of Children and Family Services.................... $6,000.00 No. 97-CC-0172, Board of Education of the City of St. Louis. Debt, against the Department of Children and Family Services................. $78,897.77 No. 97-CC-0686, Catholic Charities Archdiocese of Chicago. Debt, against the DCFS.. $81,787.72 No. 97-CC-0794, University of Illinois at Chicago, Board of Trustees. Debt, against the Illinois Student Assistance Commission.......... $26,349.17 No. 97-CC-1030, U of I at Chicago. Debt, against the Illinois Student Assistance Commission...................................... $10,029.79
199 [April 7, 2000] No. 97-CC-1031, U of I at Chicago. Debt, against the Illinois Student Assistance Commission...................................... $14,798.65 No. 97-CC-3285, Century Healthcare Corp. Debt, against the DCFS.......................... $33,829.81 No. 97-CC-3805, Creative Child Care Kiddy Kabby. Debt, against the Department of Children and Family Services............................. $93,066.00 No. 98-CC-0392, Larkin Center. Debt, against the DCFS........................................ $31,433.77 No. 98-CC-0603, Aunt Martha's Youth Service Center. Debt, against the DCFS.................. $22,722.13 No. 98-CC-1511, St. Joseph's Carondolet Child Center. Debt, against the DCFS............ $16,698.24 No. 98-CC-2617 and 98-CC-2619, Fillmore Center for Human Services. Debt, against the DCFS............................................ $11,432.63 No. 98-CC-3468, Dr. Robert John Zagar. Debt, against the Department of Children and Family Services........................................ $123,349.10 No. 98-CC-3585, Allendale Association. Debt, against the Department of Human Services........ $18,732.80 No. 98-CC-3932, Southeast Alcohol & Drug Abuse Center. Debt, against the Department of Children and Family Services.................... $14,305.90 No. 98-CC-4432, Central Baptist Children's Home. Debt, against the DCFS.................... $16,442.31 No. 98-CC-4598, 98-CC-5072, 99-CC-0200, 99-CC-4600 and 99-CC- 0199, Gateway Foundation, Inc. Debt, against the Department of Human Services........................................ $81,869.80 No. 98-CC-4601, Illinois Primary Health Care Association. Debt, against the Department of Human Services.................................. $24,040.12 No. 98-CC-4602, Illinois Primary Health Care Association. Debt, against the Department of Human Services.................................. $31,500.00 No. 98-CC-4685, OSF Healthcare System. Debt, against the Department of Human Services........ $41,824.79 No. 99-CC-0070, Wllowglen Academy. Debt, against the DCFS................................ $67,298.16 No. 99-CC-0122, Charter Manatee Palms CBHS. Debt, against the DCFS.......................... $56,358.51 No. 99-CC-0181, Center for Family Services. Debt, against the DCFS.......................... $11,997.84 No. 99-CC-0276, Clarinda Academy. Debt, against the DCFS................................ $23,596.00 No. 99-CC-0279, Clarinda Academy. Debt, against the DCFS................................ $26,160.00 No. 99-CC-0315 & 99-CC-0317 through 99-CC-0319, Debt, against the DCFS.............. $47,596.27 No. 99-CC-0440, Lutheran Social Services of Illinois. Debt, against the DCFS................ $30,924.00 No. 99-CC-0569, Roche Biomedical Laboratories, Inc. Debt, against the DCFS....... $12,196.00 No. 99-CC-0609, Encyclopedia Brittanica, Inc. Debt, against the IDHS & the IDPA.......... $30,173.00 No. 99-CC-0612, Peoria Association for Retarded Citizens. Debt, against the IDHS....... $17,575.69 No. 99-CC-0732, Loyola University Chicago. Debt, against the Illinois Student Assistance Commission...................................... $58,710.00 No. 99-CC-0734, Computerland. Debt, against the IDPA........................................ $17,607.30 No. 99-CC-0781, Carle Clinic Association. Debt, against the Department of Corrections..... $25,961.71
[April 7, 2000] 200 No. 99-CC-1013, Lutheran Child & Family Services of Illinois. Debt, against the Department of Children and Family Services...... $32,062.58 No. 99-CC-1186, Cagnoni Development. Debt, against the Secretary of State.................. $15,187.29 No. 99-CC-1367, IBM Corporation. Debt, against the Illinois Department of Human Services........................................ $185,199.50 No. 99-CC-1479, Will County Health Department. Debt, against the IDHS: Public Health.......................................... $23,961.39 No. 99-CC-1516, Joe Hotze Ford, Inc. Debt, against the Illinois Department of Human Services........................................ $19,688.00 No. 99-CC-1531, Franklin-Williamson Bi-County Health Department. Debt, against the Illinois Department of Human Services........... $12,248.26 No. 99-CC-1591, University of Illinois at Chicago. Debt, against the Department of Human Services........................................ $83,888.05 No. 99-CC-1597, Robert Young Center for Community Mental Health. Debt, against the Department of Human Services.................... $79,297.65 No. 99-CC-1620, Correctional Industries. Debt, against the Illinois Department of Human Services........................................ $13,911.84 No. 99-CC-1622, Correctional Industries. Debt, against the Illinois Department of Human Services........................................ $16,363.20 No. 99-CC-1822, Children's Place Association. Debt, against the Department of Children and Family Services.................... $42,317.28 No. 99-CC-1914, Pike County Health Department. Debt, against the Illinois Department of Human Services.................... $13,549.05 No. 99-CC-1921, ILHOP, Inc. DBA Chicago Staffing Service. Debt, against the DCFS........ $11,809.67 No. 99-CC-2127, Brown County Mental Health Center. Debt, against the IDHS.................. $12,180.00 No. 99-CC-2208, Vermilion County Health Department. Debt, against the IDHS.............. $13,054.47 No. 99-CC-2245, CDS Office Technologies. Debt, against the IDHS.......................... $18,706.00 No. 99-CC-2478, Youth Service Bureau. Debt, against the IDHS................................ $14,419.97 No. 99-CC-2648, Jane Addams, Inc. Debt, against the IDHS................................ $27,356.85 No. 99-CC-2825, Meridell Achievement Center. Debt, against the DCFS.......................... $39,868.50 No. 99-CC-2939, Joe Hotze Ford, Inc. Debt, against the Illinois Department of Human Services........................................ $19,688.00 No. 99-CC-2940, Joe Hotze Ford, Inc. Debt, against the Illinois Department of Human Services........................................ $19,688.00 No. 99-CC-2942, Joe Hotze Ford, Inc. Debt, against the Illinois Department of Natural Resources....................................... $18,377.00 No. 99-CC-3004, L. G. E. Energy Marketing. Debt, against the Illinois Department of Human Services........................................ $22,260.48 No. 99-CC-3086, Concurrent Computer Corporation. Debt, against the IDPA............. $10,410.61 No. 99-CC-3257, Drake Scruggs Equipment Company. Debt, against the Department of Corrections..................................... $28,019.00
201 [April 7, 2000] No. 99-CC-3662, Legal Assistance Foundation of Chicago. Debt, against the Illinois Department of Human Services.................... $53,895.72 No. 99-CC-3702, Gateway Foundation, Inc. Debt, against the Illinois Department of Corrections..................................... $23,754.85 No. 99-CC-3794, GE Capital ITS. Debt, against the Department of Public Aid............ $42,762.00 No. 99-CC-3811, Clinicare Corporation. Debt, against the Illinois Department of Human Services........................................ $11,997.30 No. 99-CC-3831, Community Family Serv & Mental Health Assoc. Debt, against the Illinois Department of Human Services.................... $12,294.45 No. 99-CC-3881, John Deere Company. Debt, against the Illinois Department of Natural Resources....................................... $28,180.00 No. 99-CC-4050, Midwest Center for Youth & Families. Debt, against the Illinois Department of Human Services............................... $27,262.50 No. 99-CC-4077, Ewing, Lundberg & Associates. Debt, against the Illinois Department of Human Services.................... $21,391.42 No. 99-CC-4140, Correctional Industries. Debt, against the Illinois Department of Human Services........................................ $18,158.90 No. 99-CC-4143, Correctional Industries. Debt, against the Illinois Department of Human Services........................................ $21,609.90 No. 99-CC-4144, Correctional Industries. Debt, against the Illinois Department of Human Services........................................ $35,390.25 No. 99-CC-4145, Correctional Industries. Debt, against the Illinois Department of Human Services........................................ $14,490.00 No. 99-CC-4151, Best Western Grant Park Hotel. Debt, against the DCFS................... $10,916.37 No. 99-CC-4201, Kale Uniforms, Inc. Debt, against the Department of Corrections........... $21,840.00 No. 99-CC-4360, Lake County Health Department. Debt, against the Illinois Department of Human Services.................... $151,350.29 No. 99-CC-4495, Bethpage. Debt, against the Illinois Department of Human Services........... $82,063.83 No. 99-CC-4502, Gateway Foundation. Debt, against the Department of Corrections........... $40,678.86 No. 99-CC-4535, Blare House, Inc. Debt, against the DCFS................................ $29,852.62 No. 99-CC-4568, Oconomowoc Developmental TC #1366. Debt, against the Illinois Department of Human Services.................................. $43,818.78 No. 99-CC-4587, Ashley's Quality Care, Inc. Debt, against the Illinois Department of Human Services........................................ $19,035.44 No. 99-CC-4737, Ingalls Hospital. Debt, against the IDHS: DMHDD......................... $13,020.05 No. 99-CC-4751, Ingalls Hospital. Debt, against the IDHS: DMHDD......................... $23,502.80 No. 99-CC-4821, Ericsson Inc. Debt, against the Department of State Police.................. $122,742.17 No. 99-CC-4900, Donald J. Wooters. Personal Injury, against Southern Illinois University Carbondale...................................... $30,000.00 No. 99-CC-4906, Countryside Association for the Handicapped. Debt, against the IDHS: DMHDD.. $12,993.62
[April 7, 2000] 202 No. 00-CC-0064, Thompson Electric. Debt, against the Department of Corrections........... $34,862.00 No. 00-CC-0336, Community Counseling Centers of Chicago. Debt, against the Department of Human Services.................................. $29,806.48 No. 00-CC-0342, Interventions. Debt, against the Department of Corrections................... $42,151.76 No. 00-CC-0368, Misericordia Home. Debt, against the Department of Human Services........ $70,220.12 No. 00-CC-0644, Village of Orland Park. Debt, against the Department of Natural Resources....................................... $25,746.00 No. 00-CC-0673, Janet Wattles Center, Inc. Debt, against the Department of Human Services.. $152,567.18 No. 00-CC-0695, Correctional Physician Services, Inc. Debt, against the Department of Corrections..................................... $224,204.20 No. 00-CC-1329, Anthony Porter. Illegal Incarceration, against the Department of Corrections..................................... $145,875.29 No. 00-CC-1730, Devereux Foundation #1393. Debt, against the Department of Human Services.. $143,055.62 No. 00-CC-2289, Bancroft School. Debt, against the Department of Human Services........ $131,528.70 Section 3. The following named amounts are appropriated to the Court of Claims from the Education Assistance Fund 007, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1094, John Wood Community College. Debt, against the Student Assistance Commission. $500.00 No. 00-CC-1655, Community College District 508. Debt, against the Student Assistance Commission...................................... $250.00 Section 4. The following named amounts are appropriated to the Court of Claims from State Fund 011, Road Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 89-CC-0332, S.J. Groves & Sons Co. Contract, against the Department of Transportation.................................. $1,730,829.62 No. 88-CC-3466, Joseph Spinnato. Back Salary, against the Department of Transportation. $22,921.41 Section 5. The following named amounts are appropriated to the Court of Claims from State Fund 012, Motor Fuel Tax Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1674, Esquire Deposition Services. Debt, against Department of Revenue............. $115.00 No. 00-CC-1675, Esquire Deposition Services. Debt, against Department of Revenue............. $85.00 Section 6. The following named amounts are appropriated to the Court of Claims from State Fund 013, Alcoholism and Substance Abuse Block Grant Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4095, Alexian Bros Bonaventure House. Debt, against the DHS:DASA............... $50,975.00 No. 99-CC-4254, Xerox Corp. Debt, against Department of Human Services.................... $1,184.11 No. 99-CC-4255, Xerox Corp. Debt, against Department of Human Services.................... $825.67 No. 99-CC-4256, Xerox Corp. Debt, against Department of Human Services.................... $1,605.23 No. 99-CC-4257, Xerox Corp. Debt, against Department of Human Services.................... $2,221.58
203 [April 7, 2000] No. 99-CC-4258, Xerox Corp. Debt, against Department of Human Services.................... $355.00 No. 99-CC-4259, Xerox Corp. Debt, against Department of Human Services.................... $1,272.20 No. 99-CC-4375, Richard A. Nance. Debt, against Department of Human Services............ $257.00 Section 7. The following named amounts are appropriated to the Court of Claims from State Fund 014, Food and Drug Safety Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4409, GE Capital. Debt, against Department of Public Health..................... $3,413.00 No. 00-CC-1458, CTG, Inc. of Illinois. Debt, against Department of Public Health............. $81,012.50 Section 8. The following named amounts are appropriated to the Court of Claims from State Fund 021, Financial Institution Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0797, Illinois Correctional Industries. Debt, against Department of Financial Institutions.......................... $770.00 No. 00-CC-0798, Illinois Correctional Industries. Debt, against Department of Financial Institutions.......................... $770.00 Section 9. The following named amounts are appropriated to the Court of Claims from State Fund 037, Northeastern Illinois University Income Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3431, Micronet Systems #9029. Debt, against Northeastern Illinois University.. $5,785.00 Section 10. The following named amounts are appropriated to the Court of Claims from State Fund 041, Wildlife and Fish Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4800, Nextlink Interactive, Inc. Debt, against the Department of Natural Resources....................................... $10,093.50 No. 00-CC-0969, America Ambulance Service, Inc. Debt, against the Department of Natural Resources....................................... $450.00 Section 11. The following named amounts are appropriated to the Court of Claims from State Fund 045, Agricultural Premium Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 90-CC-3332, Emery Worldwide. Debt, against the Illinois Racing Board............... $720.52 No. 96-CC-1845, Unique Office Service. Debt, against the Department of Agriculture........... $696.50 No. 96-CC-1846, Unique Office Service. Debt, against the Department of Agriculture........... $278.00 No. 98-CC-3576, Identix, Inc. Debt, against the Department of Agriculture................... $1,300.00 No. 99-CC-2963, Steve's Mobil, Inc. Debt, against the Department of Agriculture........... $88.45 No. 99-CC-4397, GE Capital. Debt, against the Department of Agriculture................... $380.00 No. 99-CC-4398, GE Capital. Debt, against the Department of Agriculture................... $40.00 No. 00-CC-0634, Associates Capital Bank. Debt, against Illinois Racing Board............. $46.85 No. 00-CC-0790, Illinois Correctional Industries. Debt, against the Department of Agriculture..................................... $976.00
[April 7, 2000] 204 No. 00-CC-0794, Illinois Correctional Industries. Debt, against the Department of Agriculture..................................... $300.00 Section 12. The following named amounts are appropriated to the Court of Claims from State Fund 050, Mental Health Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0368, Misericordia Home. Debt, against the Department of Human Services........ $13,994.26 No. 00-CC-0536, Sertoma Center, Inc. Debt, against the Department of Human Services,....... $3,586.70 No. 00-CC-0544, St. Coletta of Wisconsin. Debt, against the Department of Human Services.. $20,571.06 Section 13. The following named amounts are appropriated to the Court of Claims from Federal Fund 052, Title III Social Security and Employment Service Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 97-CC-2057, 657 W. Lake Street Associates. Debt, against the Department of Employment Security,............................ $1,448.22 No. 00-CC-0127, Xerox Corp. Debt, against the Department of Employment Security,.......... $483.77 No. 00-CC-0639, Maxine B. Norris. Debt, against the Department of Employment Security... $582.02 No. 00-CC-0709, IL Department of Employment Security. Debt, against the Department of Employment Security,............................ $49.60 No. 00-CC-0901, Susan M. Geltner. Debt, against the Department of Employment Security,.. $169.50 No. 00-CC-0903, Mark Miceli. Debt, against the Department of Employment Security,.......... $39.37 No. 00-CC-0904, Collier Rutledge. Debt, against the Department of Employment Security,.. $297.85 No. 00-CC-0905, Kathleen Caruso. Debt, against the Department of Employment Security,.. $399.90 No. 00-CC-0906, Christine Garrett. Debt, against the Department of Employment Security,.. $274.50 No. 00-CC-0920, Michael Hutchcraft. Debt, against the Department of Employment Security,.. $135.99 No. 00-CC-0926, Mary Thompson. Debt, against the Department of Employment Security,.......... $257.10 No. 00-CC-0941, Susan M. Geltner. Debt, against the Department of Employment Security,.. $133.98 No. 00-CC-1117, Alfred Mossner Co. Debt, against the Department of Employment Security,.. $30.00 No. 00-CC-1266, Veodis I. Johnson, Debt, against the Department of Employment Security,.. $81.47 No. 00-CC-1369, Weber Management. Debt, against the Department of Employment Security,.. $12,959.25 No. 00-CC-1887, Coyne American Institute. Debt, against the Department of Employment Security,....................................... $981.70 Section 14. The following named amounts are appropriated to the Court of Claims from State Fund 054, State Pensions Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0783, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $2,169.00 No. 00-CC-0784, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $580.00 No. 00-CC-0785, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $770.00
205 [April 7, 2000] No. 00-CC-0795, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $1,270.50 No. 00-CC-0796, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $2,293.50 No. 00-CC-0953, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $225.00 No. 00-CC-0954, IL Correctional Industries. Debt, against the Department of Financial Institutions,................................... $1,182.50 Section 15. The following named amounts are appropriated to the Court of Claims from State Fund 057, Illinois State Pharmacy Disciplinary Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-1212, Associates Capital Bank. Debt, against the Department of Professional Regulation...................................... $11.26 Section 16. The following named amounts are appropriated to the Court of Claims from State Fund 059, Public Utility Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2755, Glass Specialty Co., Inc. Debt, against the Commerce Commission........... $85.89 No. 00-CC-0314, JDC Investment LLC. Debt, against the Commerce Commission................. $903.00 Section 17. The following named amounts are appropriated to the Court of Claims from Federal Fund 063, Public Health Services Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-4381, University of Chicago. Debt, against the Department of Public Health......... $14,257.63 No. 99-CC-1533, Coles County Public Health Department. Debt, against the Department of Public Health................................... $3,492.52 No. 99-CC-4260, Clay County Health Dept. Debt, against the Department of Public Health... $3,000.00 No. 99-CC-4621, Children's Memorial Hospital. Debt, against the Department of Public Health.......................................... $23,829.69 No. 99-CC-4712, Public Health & Safety, Inc. Debt, against the Department of Public Health... $42,545.50 No. 99-CC-4813, United Airlines, Inc. Debt, against the Department of Public Health......... $226.00 No. 00-CC-0071, SIU School of Medicine, Debt, against the Department of Human Services.. $7,172.00 No. 00-CC-1550, Rock Island County Health Dept., against the Department of Public Health.. $7,157.33 Section 18. The following named amounts are appropriated to the Court of Claims from Federal Fund 065, Environmental Protection Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 91-CC-0102, Forms World Stock Products. Debt, against the Environmental Protection Agency.......................................... $426.00 No. 99-CC-0936, Gerald Willman. Debt, against the Environmental Protection Agency..... $22.50 No. 00-CC-2092, The Ross Agency, Inc. Debt, against the Environmental Protection Agency..... $1,227.20 Section 19. The following named amounts are appropriated to the Court of Claims from State Fund 067, Radiation Protection Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows:
[April 7, 2000] 206 No. 99-CC-4322, Phillips 66 Company. Debt, against the Department of Nuclear Safety........ $186.69 Section 20. The following named amounts are appropriated to the Court of Claims from State Fund 071, Firearm Owners Notification Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2963, Steve's Mobil, Inc. Debt, against the Department of State Police.......... $108.54 Section 21. The following named amounts are appropriated to the Court of Claims from Federal Fund 081, Vocational Rehabilitation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 91-CC-0107, Forms World Stock Products. Debt, against the Department of Human Services/DORS................................... $296.77 No. 00-CC-0327, Illinois Correctional Industries. Debt, against the Department of Human Services.................................. $429.00 Section 22. The following named amounts are appropriated to the Court of Claims from State Fund 085, Illinois Gaming Law Enforcement Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-2952, Henry W. Lahmeyer, M.D. Debt, against the Attorney General.............. $18.96 Section 23. The following named amounts are appropriated to the Court of Claims from State Fund 163, Weights and Measures Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0883, Associates Capital Bank. Debt, against the Department of Agriculture..... $309.70 Section 24. The following named amounts are appropriated to the Court of Claims from State Fund 218, Professional Indirect Cost Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0662, Rush Behavioral Health. Debt, against the Department of Professional Regulation...................................... $2,760.00 No. 00-CC-0674, T.J. Bowman Court Reporting. Debt, against the Department of Professional Regulation...................................... $1,398.40 No. 00-CC-0722, Daniel O'Sullivan. Debt, against the Department of Professional Regulation...................................... $2,483.00 Section 25. The following named amounts are appropriated to the Court of Claims from State Fund 231, Correctional Recoveries Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-1294, JCM Uniforms, Inc. Debt, against the Office of Banks and Real Estate..... $171.00 Section 26. The following named amounts are appropriated to the Court of Claims from State Fund 253, Horse Racing Tax Allocation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0793, IL Correctional Industries. Debt, against the Department of Agriculture..... $11,324.72 Section 27. The following named amounts are appropriated to the Court of Claims from State Fund 259, Optometric Licensing and Disciplinary Committee Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 97-CC-3677, Bill Donohue c/o Department of Professional Regulation. Debt, against the Department of Professional Regulation........... $30.00
207 [April 7, 2000] Section 28. The following named amounts are appropriated to the Court of Claims from State Fund 262, Mandatory Arbitration Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1446, Mary A. Mazurk. Debt, against the Administrative Office of the Illinois Courts................................. $150.00 No. 00-CC-2267, Michael J. Kane, Esq. Debt, against the Administrative Office of the Illinois Courts................................. $150.00 Section 29. The following named amounts are appropriated to the Court of Claims from State Fund 270, Water Pollution Control Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0919, North Shore Sanitary District. Debt, against the Environmental Protection Agency............................... $1,681.98 Section 30. The following named amounts are appropriated to the Court of Claims from State Fund 276, Drunk and Drugged Driving Prevention Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-3966, Professional Consultations, Debt, against the Department of Human Services.. $1,298.50 Section 31. The following named amounts are appropriated to the Court of Claims from State Fund 288, Community Water Supply Laboratory Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-4281, Ultra Scientific, Inc. Debt, against the Environmental Protection Agency..... $7.00 No. 98-CC-4576, VWR Scientific Products. Debt, against the Environmental Protection Agency.......................................... $3,610.48 No. 99-CC-0603, Novell, Inc. Debt, against the Environmental Protection Agency............. $50.00 No. 99-CC-2379, Old Dominion Freight Line. Debt, against the Environmental Protection Agency.......................................... $55.76 No. 00-CC-0264, Biovir Laboratories, Inc. Debt, against the Environmental Protection Agency.......................................... $280.00 Section 32. The following named amounts are appropriated to the Court of Claims from State Fund 294, Used Tire Management Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-2952, John P. Leen. Debt, against the Environmental Protection Agency............. $79.00 Section 33. The following named amounts are appropriated to the Court of Claims from State Fund 301, Working Capital Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4152, Advance Uniform Company. Debt, against the Department of Corrections..... $38,878.40 No. 00-CC-0556, Windsor Woods, Inc. Debt, against the Department of Corrections........... $24,996.00 Section 34. The following named amounts are appropriated to the Court of Claims from State Fund 304, Statistical Services Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4553, Progressive Electric. Debt, against CMS..................................... $945.13 No. 99-CC-4592, Solar Turbines, Inc. Debt, against CMS..................................... $2,353.00
[April 7, 2000] 208 No. 99-CC-4728, Barnes & Noble, Inc. Debt, against CMS..................................... $41.75 Section 35. The following named amounts are appropriated to the Court of Claims from State Fund 312, Communications Revolving Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 89-CC-3447, Telecomm Management, Inc. Debt, against CMS............................... $70.00 No. 98-CC-0615, AT&T Language Line. Debt, against CMS..................................... $125.00 No. 98-CC-4711, Economy Mechanical Industries. Debt, against CMS................... $736.05 No. 99-CC-0002, Ameritech. Debt, against CMS. $1,155.37 No. 99-CC-2901, Milgo Solutions, Inc. Debt, against CMS..................................... $2,716.00 No. 99-CC-4037, Friend & Assoc Consultants, Inc. Debt, against CMS.......................... $2,162.25 No. 99-CC-4278, Xerox Corp. Debt, against CMS............................................. $248.65 No. 99-CC-4483, Segno Communications. Debt, against CMS..................................... $28.95 No. 99-CC-4755, GTE North. Debt, against CMS. $2,273.10 No. 99-CC-4756, GTE North. Debt, against CMS. $309.12 No. 00-CC-0130, United Airlines, Inc. Debt, against CMS..................................... $223.00 Section 36. The following named amounts are appropriated to the Court of Claims from State Fund 360, Lead Poisoning, Screening, Prevention and Abatement Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2084, Medical Technical Placements. Debt, against the Department of Public Health................................... $1,443.00 Section 37. The following named amounts are appropriated to the Court of Claims from State Fund 386, Appraisal Administration Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4776, Cunningham, Inc. Debt, against Office of Banks and Real Estate......... $500.00 Section 38. The following named amounts are appropriated to the Court of Claims from Federal Fund 410, SBE Federal Department of Agricultural Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0835, Gateway. Debt, against State Board of Education.............................. $28,470.00 Section 39. The following named amounts are appropriated to the Court of Claims from State Fund 421, Public Assistance Recoveries Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4015, Correctional Industries. Debt, against the Department of Public Aid...... $2,349.60 No. 99-CC-4022, Correctional Industries. Debt, against the Department of Public Aid...... $350.00 No. 99-CC-4030, Correctional Industries. Debt, against the Department of Public Aid...... $700.00 No. 99-CC-4035, Correctional Industries. Debt, against the Department of Public Aid...... $381.46 No. 99-CC-4142, Illinois Correctional Industries. Debt, against the Department of Public Aid...................................... $649.00 No. 99-CC-4185, Savin Processing Center. Debt, against the Department of Public Aid...... $459.81
209 [April 7, 2000] Section 40. The following named amounts are appropriated to the Court of Claims from State Fund 438, Illinois State Fair Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0804, National City. Debt, against the Department of Agriculture................... $4,296.78 No. 00-CC-1099, Watts Copy Systems, Inc. Debt, against the Department of Agriculture..... $150.28 Section 41. The following named amounts are appropriated to the Court of Claims from State Fund 462, Commercial Consolidation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 97-CC-4423, Adams County Mental Health Center. Debt, against the Department of Human Services........................................ $3,392.05 Section 42. The following named amounts are appropriated to the Court of Claims from Federal Fund 476, Wholesome Meat Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0635, Associates Capital Bank. Debt, against the Department of Agriculture..... $65.46 No. 00-CC-2137, Bob Ridings, Inc. Debt, against the Department of Agriculture........... $14,085.00 Section 43. The following named amounts are appropriated to the Court of Claims from State Fund 483, SOS Special Services Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-2366, AV Networks, Inc. Debt, against the Secretary of State.................. $17,230.95 No. 00-CC-2367, AV Networks, Inc. Debt, against the Secretary of State.................. $15,477.00 Section 44. The following named amounts are appropriated to the Court of Claims from Federal Fund 488, Criminal Justice Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4695, Sara Naureckas, MD. Debt, against the Criminal Justice Information Authority....................................... $569.44 Section 45. The following named amounts are appropriated to the Court of Claims from Federal Fund 495, Old Age Survivors Insurance Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 95-CC-0156, St. Therese Radiology Assoc. Debt, against the DHS: DORS..................... $17.00 No. 96-CC-2682, Irwin K. Carson, M.D. Debt, against the DHS................................. $76.00 No. 96-CC-3351, Edward Mann, MD. Debt, against the DHS: DORS........................... $45.00 No. 96-CC-3890, Delnor-Community Hospital. Debt, against the DHS: DORS..................... $27.00 No. 96-CC-4297, South Shore Hospital. Debt, against the DHS: DORS........................... $60.00 No. 96-CC-4425, Good Samaritan Regional Health Center. Debt, against the DHS:DORS....... $60.00 No. 98-CC-0613, Nagpal & Arora Assoc. Debt, against the DHS: DORS........................... $105.00 No. 99-CC-0140, Northwest Orthopaedic Assoc, LTD. Debt, against the DHS: DORS................ $249.00 No. 99-CC-2289, Lincoln Medical Center. Debt, against the DHS: DORS..................... $45.00 No. 99-CC-2451, Chicago Consulting Physicians. Debt, against the DHS: DORS......... $1,524.00 No. 99-CC-2459, Chicago Consulting Physicians. Debt, against the DHS: DORS......... $15,571.50
[April 7, 2000] 210 No. 99-CC-2460, Chicago Consulting Physicians. Debt, against the DHS: DORS......... $14,156.50 No. 99-CC-3044, Richland Radiology. Debt, against the DHS: DORS........................... $45.00 No. 99-CC-3245, IL Masonic Medical Center. Debt, against the DHS: DORS..................... $22.00 No. 99-CC-3246, IL Masonic Medical Center. Debt, against the DHS: DORS..................... $343.00 No. 99-CC-3247, IL Masonic Medical Center. Debt, against the DHS: DORS..................... $54.00 No. 99-CC-3248, IL Masonic Medical Center. Debt, against the DHS: DORS..................... $155.00 No. 99-CC-4045, University Neurologists. Debt, against the DHS: DORS..................... $110.00 No. 99-CC-4075, Kishwaukee Community Hospital. Debt, against the DHS: DORS........... $36.00 No. 99-CC-4117, Sucharita Arora. Debt, against the DHS: DORS........................... $60.00 No. 99-CC-4403, GE Capital. Debt, against the DHS: DORS................................... $4,269.25 No. 99-CC-4416, Christie Clinic Association. Debt, against the DHS: DORS..................... $20.00 No. 99-CC-4552, Carolyn L. Owens Psychological Services. Debt, against the DHS:DORS........................................ $2,100.00 No. 99-CC-4879, Linda D. Cornell. Debt, against the DHS: DORS........................... $17.36 No. 99-CC-4894, Chicago Hearing Society. Debt, against the DHS: DORS..................... $74.00 No. 99-CC-4916, Crusader Central Clinic Association. Debt, against the DHS: DORS........ $20.00 No. 00-CC-0005, AIMS Services, Inc. Debt, against the DHS: DORS........................... $140.00 No. 00-CC-0118, Xerox Corporation. Debt, against the DHS: DORS........................... $347.36 No. 00-CC-1028, Metro Consultants. Debt, against the DHS: DORS........................... $105.00 No. 00-CC-1029, Metro Consultants. Debt, against the DHS: DORS........................... $105.00 No. 00-CC-1030, Metro Consultants. Debt, against the DHS: DORS........................... $105.00 No. 00-CC-1031, Metro Consultants. Debt, against the DHS: DORS........................... $105.00 No. 00-CC-1032, Metro Consultants. Debt, against the DHS: DORS........................... $121.00 No. 00-CC-1033, Metro Consultants. Debt, against the DHS: DORS........................... $105.00 No. 00-CC-1034, Metro Consultants. Debt, against the DHS: DORS........................... $121.00 No. 00-CC-1035, Metro Consultants. Debt, against the DHS: DORS........................... $105.00 Section 46. The following named amounts are appropriated to the Court of Claims from State Fund 542, Attorney General Court Order and Voluntary Compliance Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1395, Lamantia Creative, LTD. Debt, against the Attorney General.............. $10,000.00 Section 47. The following named amounts are appropriated to the Court of Claims from Federal Fund 561, SBE Federal Department of Education Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4090, Leyden Area Special Education Cooperative. Debt, against the State Board of Education.............................. $953.10
211 [April 7, 2000] No. 99-CC-4369, Charles L. Aschenbrenner. Debt, against the State Board of Education...... $833.33 No. 99-CC-4534, Darryl Calhoun. Debt, against the State Board of Education............ $150.00 No. 00-CC-0043, Valley View Public Schools. Debt, against the State Board of Education...... $1,027.13 No. 00-CC-1077, Millvinia Stiff. Debt, against the State Board of Education............ $300.00 No. 00-CC-1088, Teri Paulin. Debt, against the State Board of Education.................... $100.00 No. 00-CC-1095, Sarah Alhassan. Debt, against the State Board of Education............ $125.00 No. 00-CC-1097, Mattoon Community Unit School Dist #2. Debt, against the State Board of Education....................................... $525.00 Section 48. The following named amounts are appropriated to the Court of Claims from Federal Fund 566, DCFS Federal Projects Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2783, Lakeshore Learning Materials. Debt, against the Department of Children and Family Services.................... $3,890.54 Section 49. The following named amounts are appropriated to the Court of Claims from Federal Fund 607, Special Projects Division Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3025, IBM Corporation. Debt, against the Human Rights Commission............. $70.00 Section 50. The following named amounts are appropriated to the Court of Claims from State Fund 676, Student Assistance Commission Student Loan Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-2140, Bob Ridings, Inc. Debt, against the Student Assistance Commission....... $14,085.00 Section 51. The following named amounts are appropriated to the Court of Claims from Federal Fund 700, USDA Women, Infants and Children Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-0673, Currency Food and Liquor. Debt, against the DHS: Public Health............ $8,025.69 No. 99-CC-0647, Livingston County Health Department. Debt, against the DHS:Public Health. $1,236.72 Section 52. The following named amounts are appropriated to the Court of Claims from State Fund 708, Illinois Standardbred Breeders Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0630, Associates Capital Bank. Debt, against the Department of Agriculture..... $14.09 Section 53. The following named amounts are appropriated to the Court of Claims from State Fund 711, State Lottery Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1179, Associates Capital Bank. Debt, against the Department of Lottery......... $28.81 No. 00-CC-1180, Associates Capital Bank. Debt, against the Department of Lottery......... $14.17 No. 00-CC-2029, Associates Capital Bank. Debt, against the Department of Lottery......... $16.05 Section 54. The following named amounts are appropriated to the Court of Claims from State Fund 762, Local Initiative Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows:
[April 7, 2000] 212 No. 98-CC-0709, Aunt Martha's Youth Service Center. Debt, against the Department of Human Services........................................ $1,519.16 No. 99-CC-3616, Clearbrook. Debt, against the Department of Human Services................ $1,958.84 No. 99-CC-3829, Alternatives, Inc. Debt, against the Department of Human Services........ $1,656.29 No. 99-CC-4081, Youth Service Bureau of Rock Island County. Debt, against the Department of Human Services.................................. $1,305.08 No. 99-CC-4476, Senior Citizens Services, Inc. Debt, against the Department of Human Services........................................ $285.26 Section 55. The following named amounts are appropriated to the Court of Claims from State Fund 763, Tourism Promotion Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-0607, Novell, Inc. Debt, against the Department of Commerce and Community Affairs. $62.00 Section 56. The following named amounts are appropriated to the Court of Claims from State Fund 795, Bank and Trust Company Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2620, Michael D. Rolnik. Debt, against the Office of Banks and Real Estate..... $126.00 No. 99-CC-4342, SCS Trips, DBA A-1 Travel. Debt, against the Office of Banks and Real Estate.......................................... $662.10 No. 00-CC-2131, Theresa Renik. Debt, against the Office of Banks and Real Estate............. $590.16 No. 00-CC-2446, Shell Oil Company. Debt, against the Office of Banks and Real Estate..... $46.14 Section 57. The following named amounts are appropriated to the Court of Claims from State Fund 796, Nuclear Safety Emergency Preparedness Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4283, Xerox Corporation. Debt, against the Department of Nuclear Safety........ $400.00 Section 58. The following named amounts are appropriated to the Court of Claims from State Fund 821, Dram Shop Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-0514, Leonard L. Branson. Debt, against the Liquor Control Commission........... $118.35 No. 00-CC-2032, Associates Capital Bank. Debt, against the Liquor Control Commission..... $14.71 Section 59. The following named amounts are appropriated to the Court of Claims from State Fund 844, Continuing Legal Education Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1708, Northfield Inn and Suites. Debt, against the State's Attorneys Appellate Prosecutor...................................... $12,554.60 Section 60. The following named amounts are appropriated to the Court of Claims from State Fund 845, Environmental Protection Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 95-CC-2490, Village of Keyesport. Debt, against the Environmental Protection Agency..... $250.00 No. 96-CC-3028, IBM Corporation. Debt, against the Pollution Control Board............. $129.10 Section 61. The following named amounts are appropriated to the Court of Claims from State Fund 850, Real Estate License Administration Fund, to pay claims in conformity with
213 [April 7, 2000] awards and recommendations made by the Court of Claims as follows: No. 99-CC-4445, Phillips 66 Company. Debt, against the Office of Banks and Real Estate..... $10.33 No. 99-CC-4772, Computer Associates International. Debt, against the Office of Banks and Real Estate................................. $720.00 No. 00-CC-2138, Bob Ridings, Inc. Debt, against the Office of Banks and Real Estate..... $14,445.00 No. 00-CC-2088, Association of Real Estate License Law Officials. Debt, against the Office of Banks and Real Estate........................ $174.00 Section 62. The following named amounts are appropriated to the Court of Claims from State Fund 865, Domestic Violence Shelter and Service Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 00-CC-1760, Starved Rock Lodge and Conference Center. Debt, against the Department of Human Services............................... $1,328.62 Section 63. The following named amounts are appropriated to the Court of Claims from Federal Fund 872, Maternal and Child Health Services Block Grant Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-1527, Sound & Stagecraft, Inc. Debt, against the DHS:Public Health............. $86.80 No. 99-CC-2227, Cook County Dept of Public Health. Debt, against the DHS:Public Health..... $736,954.00 No. 99-CC-2913, RC Kerr and Associates. Debt, against the DHS:Public Health............. $329.70 No. 99-CC-4124, Family Focus. Debt, against the DHS:Public Health........................... $14,271.76 No. 99-CC-4721, Kelly Services, Inc. Debt, against the DHS:Public Health................... $516.89 No. 00-CC-0315, Hancock County Health Department. Debt, against the DHS:Public Health. $1,711.51 Section 64. The following named amounts are appropriated to the Court of Claims from State Fund 888, Design Professionals Administration and Investigation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4519, Associates Capital Bank. Debt, against the Department of Professional Regulation...................................... $31.78 Section 65. The following named amounts are appropriated to the Court of Claims from Federal Fund 900, Petroleum Violation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-4591, Architectural Energy Corporation. Debt, against the Department of Commerce and Community Affairs.................. $2,500.00 Section 66. The following named amounts are appropriated to the Court of Claims from State Fund 906, State Police Services Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-1458, Mobil Credit Finance Corp. Debt, payable to the State Police Federal Projects Fund................................... $204.94 Section 67. The following named amounts are appropriated to the Court of Claims from State Fund 907, Health Insurance Reserve Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2931, Adams County Health Department. Debt, against the Department of Central Management Services..................... $2,710.00
[April 7, 2000] 214 Section 68. The following named amounts are appropriated to the Court of Claims from State Fund 955, Technology Innovation and Commercialization Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 98-CC-3949, Community College District #508. Debt, against the Department of Commerce and Community Affairs........................... $14,456.45 Section 69. The following named amounts are appropriated to the Court of Claims from State Fund 957, Child Support Enforcement Trust Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-2349, Eastman Kodak Company. Debt, against the Department of Public Aid............ $34,627.00 No. 99-CC-2358, Connie Bonnell-Pierce. Debt, against the Department of Public Aid............ $303.36 No. 99-CC-3958, ARC Electric. Debt, against the Department of Public Aid.................... $1,566.92 No. 99-CC-4012, Correctional Industries. Debt, against the Department of Public Aid...... $332.00 No. 99-CC-4013, Correctional Industries. Debt, against the Department of Public Aid...... $4,227.30 No. 99-CC-4014, Correctional Industries. Debt, against the Department of Public Aid...... $875.00 No. 99-CC-4017, Correctional Industries. Debt, against the Department of Public Aid...... $7,756.00 No. 99-CC-4018, Correctional Industries. Debt, against the Department of Public Aid...... $332.00 No. 99-CC-4020, Correctional Industries. Debt, against the Department of Public Aid...... $838.20 No. 99-CC-4031, Correctional Industries. Debt, against the Department of Public Aid...... $325.00 No. 99-CC-4032, Correctional Industries. Debt, against the Department of Public Aid...... $3,850.00 No. 99-CC-4033, Correctional Industries. Debt, against the Department of Public Aid...... $3,023.90 No. 99-CC-4076, Ewing Lunberg and Associates. Debt, against the Department of Public Aid...................................... $807.84 No. 99-CC-4185, Savin Processing Center. Debt, against the Department of Public Aid...... $345.08 No. 00-CC-0891, Clerk of the Circuit Court of Cook County. Debt, against the Department of Public Aid...................................... $190.00 No. 00-CC-0917, Ron Dziubek. Debt, against the Department of Public Aid.................... $492.78 No. 00-CC-1024, Thomas Zimmerman. Debt, against the Department of Public Aid............ $315.17 Section 70. The following named amounts are appropriated to the Court of Claims from State Fund 980, Manteno Veterans' Home Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 96-CC-3247, St. Mary's Hospital. Debt, against the Department of Veterans' Affairs..... $572.90 No. 96-CC-3359, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $1,560.00 No. 96-CC-3361, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $486.00 No. 96-CC-3362, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $36.00
215 [April 7, 2000] No. 96-CC-3363, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $216.00 No. 96-CC-3364, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $36.00 No. 96-CC-3365, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $234.00 No. 96-CC-3366, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $234.00 No. 96-CC-3367, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $36.00 No. 96-CC-3368, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $378.00 No. 96-CC-3369, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $108.00 No. 96-CC-3370, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $354.00 No. 96-CC-3371, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $744.00 No. 96-CC-3372, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $390.00 No. 96-CC-3373, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $666.00 No. 96-CC-3374, Comprehensive Rehabilitation, Inc. Debt, against the Department of Veterans' Affairs................. $36.00 Section 71. The following named amounts are appropriated to the Court of Claims from State Fund 991, Abandoned Mines Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 93-CC-2145, Boyd Brothers, Inc. Debt, against the Abandoned Mined Lands Reclamation Council/Department of Natural Resources......... $16,997.86 Section 72. The following named amounts are appropriated to the Court of Claims from State Fund 997, Insurance Financial Regulation Fund, to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 99-CC-3251, US Office Products. Debt, against the Department of Insurance............. $38.40 No. 99-CC-4822, Evare, LLC. Debt, against the Department of Insurance..................... $15,000.00 Section 99. Effective Date. This Act takes effect immediately upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1534 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the
[April 7, 2000] 216 passage of a bill of the following title to-wit: HOUSE BILL 1853 A bill for AN ACT concerning courts, amending named Acts. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1853. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1853 as follows: on page 7, after line 6, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1853 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1854 A bill for AN ACT to amend the Judicial Vacancies Act by changing Section 2. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1854. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1854 as follows: on page 4, after line 15, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1854 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit:
217 [April 7, 2000] HOUSE BILL 2884 A bill for AN ACT in relation to gambling, amending certain named Acts. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2884. Senate Amendment No. 2 to HOUSE BILL NO. 2884. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2884 on page 4, by inserting the following after line 22: "Section 15. The Bingo License and Tax Act is amended by changing Section 2 as follows: (230 ILCS 25/2) (from Ch. 120, par. 1102) Sec. 2. The conducting of bingo is subject to the following restrictions: (1) The entire net proceeds from bingo play must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game. (2) (Blank).
[April 7, 2000] 218 Act is limited to one per week, except as follows: (i) Bingo may be conducted in accordance with the terms of a special operator's permit or limited license issued under subdivision (3) of Section 1. (ii) Bingo may be conducted at the Illinois State Fair or any county fair held in Illinois under subdivision (3) of Section 1. (iii) A licensee which cancels a day of bingo because of inclement weather or because the day is a holiday or the eve of a holiday may, after giving notice to the Department, conduct bingo on an additional date which falls on a day of the week other than the day authorized under the license. As used in this subdivision (iii), "holiday" means any of the holidays listed in Section 17 of the Promissory Note and Bank Holiday Act. (8) A licensee may rent a premises on which to conduct bingo only from an organization which is licensed as a provider of premises or exempt from license requirements under this Act. If the organization providing the premises is a metropolitan exposition, auditorium, and office building authority created by State law, a licensee may enter into a rental agreement with the organization authorizing the licensee and the organization to share the gross proceeds of bingo games; however, the organization shall not receive more than 50% of the gross proceeds. (9) No person under the age of 18 years may play or participate in the conducting of bingo. Any person under the age of 18 years may be within the area where bingo is being played only when accompanied by his parent or guardian. (10) The promoter of bingo games must have a proprietary interest in the game promoted. (11) Raffles or other forms of gambling prohibited by law shall not be conducted on the premises where bingo is being conducted, except that pull tabs and jar games conducted under the Illinois Pull Tabs and Jar Games Act may be conducted on the premises where bingo is being conducted. Prizes awarded in pull tabs and jar games shall not be included in the bingo prize limitation. (12) An organization holding a special operator's permit or a limited license may, as one of the occasions allowed by such permit or license, conduct bingo for a maximum of 2 consecutive days, during each day of which the number of games may exceed 25, and regular game cards need not be valid for all regular games. If only noncash prizes are awarded during such occasions, the prize limits stated in paragraph (4) of this Section shall not apply, provided that the retail value of noncash prizes for any single game shall not exceed $150. (Source: P.A. 87-220; 87-1175; 88-53.)". AMENDMENT NO. 2. Amend House Bill 2884, AS AMENDED, in the title, by deleting ", amending certain named Acts"; and by replacing everything after the enacting clause with the following: "Section 5. The Bingo License and Tax Act is amended by changing Section 2 as follows: (230 ILCS 25/2) (from Ch. 120, par. 1102) Sec. 2. The conducting of bingo is subject to the following restrictions: (1) The entire net proceeds from bingo play must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game. (2) (Blank).
219 [April 7, 2000] The extent to which tuition and fees are reduced shall relate proportionately to the amount of time volunteered by the member, as determined by the school or other educational institution. (4) The aggregate retail value of all prizes or merchandise awarded in any single day of bingo may not exceed $2,250, except that in adjoining counties having 200,000 to 275,000 inhabitants each, and in counties which are adjacent to either of such adjoining counties and are adjacent to a total of not more than 2 counties in this State, and in any municipality having 2,500 or more inhabitants and within one mile of such adjoining and adjacent counties having less than 25,000 inhabitants, 2 additional bingo games may be conducted after the $2,250 limit has been reached. The prize awarded for any one game, including any game conducted after reaching the $2,250 limit as authorized in this paragraph (4), may not exceed $500 cash or its equivalent. (5) The number of games may not exceed 25 in any one day including regular and special games, except that this restriction on the number of games shall not apply to bingo conducted at the Illinois State Fair or any county fair held in Illinois. (6) The price paid for a single card under the license may not exceed $1 and such card is valid for all regular games on that day of bingo. A maximum of 5 special games may be held on each bingo day, except that this restriction on the number of special games shall not apply to bingo conducted at the Illinois State Fair or any county fair held in Illinois. The price for a single special game card may not exceed 50 cents. (7) The number of bingo days conducted by a licensee under this Act is limited to one per week, except as follows: (i) Bingo may be conducted in accordance with the terms of a special operator's permit or limited license issued under subdivision (3) of Section 1. (ii) Bingo may be conducted at the Illinois State Fair or any county fair held in Illinois under subdivision (3) of Section 1. (iii) A licensee which cancels a day of bingo because of inclement weather or because the day is a holiday or the eve of a holiday may, after giving notice to the Department, conduct bingo on an additional date which falls on a day of the week other than the day authorized under the license. As used in this subdivision (iii), "holiday" means any of the holidays listed in Section 17 of the Promissory Note and Bank Holiday Act. (8) A licensee may rent a premises on which to conduct bingo only from an organization which is licensed as a provider of premises or exempt from license requirements under this Act. If the organization providing the premises is a metropolitan exposition, auditorium, and office building authority created by State law, a licensee may enter into a rental agreement with the organization authorizing the licensee and the organization to share the gross proceeds of bingo games; however, the organization shall not receive more than 50% of the gross proceeds. (9) No person under the age of 18 years may play or participate in the conducting of bingo. Any person under the age of 18 years may be within the area where bingo is being played only when accompanied by his parent or guardian. (10) The promoter of bingo games must have a proprietary interest in the game promoted. (11) Raffles or other forms of gambling prohibited by law shall not be conducted on the premises where bingo is being conducted, except that pull tabs and jar games conducted under the Illinois Pull Tabs and Jar Games Act may be conducted on the premises where bingo is being conducted. Prizes awarded in pull tabs and jar games shall not be included in the bingo prize limitation. (12) An organization holding a special operator's permit or a limited license may, as one of the occasions allowed by such permit or license, conduct bingo for a maximum of 2 consecutive days, during each day of which the number of games may exceed 25, and regular game cards need not be valid for all regular games. If only noncash prizes are awarded during such occasions, the prize limits stated in paragraph (4)
[April 7, 2000] 220 of this Section shall not apply, provided that the retail value of noncash prizes for any single game shall not exceed $150. (Source: P.A. 87-220; 87-1175; 88-53.)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2884 was placed on the Calendar on the order of Concurrenc. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4022 A bill for AN ACT to amend the Civil Administrative Code of Illinois. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4022. Passed the Senate, as amended, April 7, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4022 on page 1, by replacing line 12 with the following: "Director of Commerce and Community Affairs
221 [April 7, 2000] Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendments numbered 8 and 9 to SENATE BILL 677. The committee roll call vote on Amendments numbered 8 and 9 to SENATE BILL 677 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Kosel, Spkpn Y Bellock Y Myers, Richard Y Coulson Y Pugh (Hannig) Y Flowers Y Schoenberg, V-Chair A Howard Y Sharp (Joseph Lyons) Y Kenner (Hamos) Y Winters Y Wirsing Representative Pugh, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 1707. The committee roll call vote on Amendment No. 3 to SENATE BILL 1707 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. A Pugh, Chair A Currie Y Beaubien A Granberg A Biggins Y Mautino, V-Chair Y Cross (Hassert) Y Moore, Andrea, Spkpn Y Turner, Art (Hoffman) SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Bellock, SENATE BILL 1780 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Meyer, SENATE BILL 1426 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Monique Davis, SENATE BILL 730 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:
[April 7, 2000] 222 111, Yeas; 6, Nays; 0, Answering Present. (ROLL CALL 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Boland, SENATE BILL 1249 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Burke, SENATE BILL 1404 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 95, Yeas; 21, Nays; 0, Answering Present. (ROLL CALL 6) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Currie, SENATE BILL 747 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: 65, Yeas; 43, Nays; 8, Answering Present. (ROLL CALL 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING Having been read by title a second time on April 6, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 1281. 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 Hannig, SENATE BILL 1851 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Feigenholtz, SENATE BILL 1690 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
223 [April 7, 2000] the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative O'Connor, SENATE BILL 1307 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 10) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Kenner, SENATE BILL 1871 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Rutherford, SENATE BILL 1541 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; 6, Nays; 8, Answering Present. (ROLL CALL 12) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Art Turner, SENATE BILL 1425 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: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Beaubien, SENATE BILL 1453 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Sommer, SENATE BILL 1451 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
[April 7, 2000] 224 the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RECALLS By unanimous consent, on motion of Representative Black, SENATE BILL 1281 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Leitch, SENATE BILL 1660 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 1, Nays; 1, Answering Present. (ROLL CALL 16) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Hannig, SENATE BILL 1377 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 807. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendments were offered in the Committee on Human Services, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 807 AMENDMENT NO. 1. Amend Senate Bill 807 on page 4, line 30, after "4.1,", by inserting "4.2,"; and on page 18, immediately below line 11, by inserting the following: "(20 ILCS 3960/4.2 new) Sec. 4.2. Ex parte communications. Notwithstanding any law to the contrary, the provisions of Section 10-60 of the Illinois Administrative Procedure Act, as modified by this Section, apply to State Board proceedings. The provisions of Section 10-60 of the Illinois Administrative Procedure Act do not apply, however, to communications between State Board employees who are engaged in investigatory, prosecutorial, or advocacy functions and other parties to the proceeding, provided that those State Board employees are still
225 [April 7, 2000] prohibited from communicating on an ex parte basis, as designated in Section 10-60 of the Illinois Administrative Procedure Act, directly or indirectly, with members of the State Board, any hearing examiner in the proceeding, or any State Board employee who is or may reasonably be expected to be involved in the decisional process of the proceeding. Any State Board member, hearing examiner, or other State Board employee who is or may reasonably be expected to be involved in the decisional process of a proceeding who receives, or who makes or knowingly causes to be made, a communication prohibited by Section 10-60 of the Illinois Administrative Procedure Act, as modified by this Section, must place on the public record of the proceeding (i) all such written communications, (ii) memoranda stating the substance of all such oral communications, and (iii) all written responses and memoranda stating the substance of all oral responses to the materials described in items (i) and (ii). The State Board, or any State Board member or hearing examiner presiding over the proceeding, in the event of a violation of this Section, must take whatever action is necessary to ensure that the violation does not prejudice any party of adversely affect the fairness of the proceedings.". AMENDMENT NO. 2 TO SENATE BILL 807 AMENDMENT NO. 2. Amend Senate Bill 807 on page 18, line 10, immediately after "Act.", by inserting the following: "Whenever the State Board, pursuant to the Open Meetings Act, closes any meeting, or portion of any meeting, it shall arrange for all discussions, deliberations, and meetings so closed to be transcribed verbatim by a stenographer, certified court reporter, or similar means. The State Board must review and approve the transcripts within 30 days after the date of the closed meeting, and when, in its judgment, the exception of the Open Meetings Act relied upon for authorizing the closing of the meeting, as recorded pursuant to Section 2a of the Open Meetings Act, is no longer applicable, the transcripts must be made available to the public. Any party to a State Board proceeding must be given access to the transcript of any closed meeting pertaining to that proceeding before the expiration of the time within which his or her application for rehearing must be field, upon the signing of an appropriate protective agreement.". Committee Amendment No. 3 lost in the Committee on Human Services. Committee Amendment No. 4 was withdrawn in the Committee on Human Services. Floor Amendment No. 6 remained in the Committee on Rules. Floor Amendment No. 7 remained in the Committee on Human Services. Floor Amendment No. 8 remained in the Committee on Rules. Representative Smith offered the following amendment and moved its adoption: AMENDMENT NO. 9 TO SENATE BILL 807 AMENDMENT NO. 9. Amend Senate Bill 807, AS AMENDED, by replacing the title with the following: "AN ACT in relation to health facilities."; and by replacing everything after the enacting clause with the following: "Section 5. The Open Meetings Act is amended by changing Section 1.02 as follows: (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) Sec. 1.02. For the purposes of this Act: "Meeting" means any gathering of a majority of a quorum of the members
[April 7, 2000] 226 or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof. "Public body" includes tourism boards and convention or civic center boards located in counties that are contiguous to the Mississippi River with populations of more than 250,000 but less than 300,000. "Public body" includes the Health Facilities Planning Board. "Public body" does not include a child death review team established under the Child Death Review Team Act or an ethics commission, ethics officer, or ultimate jurisdictional authority acting under the State Gift Ban Act as provided by Section 80 of that Act. (Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99; revised 11-8-99.) Section 10. The State Gift Ban Act is amended by changing Section 5 as follows: (5 ILCS 425/5) Sec. 5. Definitions. As used in this Act: "Commission" means an ethics commission created by this Act. "Employee" means all full-time, part-time, and contractual employees, appointed and elected officials, and directors of a governmental entity. "Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee, member, officer, or judge. "Governmental entity" means each office, board, commission, agency, department, authority, institution, university, body politic and corporate, administrative unit, and corporate outgrowth of the executive, legislative, and judicial branches of State government, whether created by the Illinois Constitution, by or in accordance with statute, or by executive order of the Governor. "Governmental entity" includes the Health Facilities Planning Board. "Judge" means judges and associate judges of the Supreme Court, Appellate Courts, and Circuit Courts. "Member" means a member of the General Assembly. "Officer" means a State constitutional officer. "Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not the individual or electors are selected, nominated, elected, or appointed. The term includes the making of expenditures relating to an office described in the preceding sentence that, if incurred by the individual, would be allowable as a federal income tax deduction for trade or business expenses. "Prohibited source" means any person or entity who: (1) is seeking official action (i) by the member, officer, or judge or (ii) in the case of an employee, by the employee or by the member, officer, judge, governmental entity, or other employee directing the employee; (2) does business or seeks to do business (i) with the member, officer, or judge or (ii) in the case of an employee, with the employee or with the member, officer, judge, governmental entity, or other employee directing the employee; (3) conducts activities regulated (i) by the member, officer, or judge or (ii) in the case of an employee, by the employee or by
227 [April 7, 2000] the member, officer, judge, governmental entity, or other employee directing the employee; (4) has interests that may be substantially affected by the performance or non-performance of the official duties of the member, officer, employee, or judge; or (5) is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act. "Ultimate jurisdictional authority" means the following: (1) For members, partisan staff, and their secretaries, the appropriate legislative leader: President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, or Minority Leader of the House of Representatives. (2) For State employees who are professional staff or employees of the Senate and not covered under item (1), the Senate Operations Commission. (3) For State employees who are professional staff or employees of the House of Representatives and not covered under item (1), the Speaker of the House of Representatives. (4) For State employees who are employees of the legislative support services agencies, the Joint Committee on Legislative Support Services. (5) For judges, the Chief Justice of the Supreme Court. (6) For State employees of the judicial branch, the Administrative Office of the Illinois Courts. (7) For State employees of an executive branch constitutional officer, the appropriate executive branch constitutional officer. (8) For State employees not under the jurisdiction of paragraph (1), (2), (3), (4), (5), (6), or (7), the Governor. (9) For officers, the General Assembly. (Source: P.A. 90-737, eff. 1-1-99.) Section 15. The Illinois Health Facilities Planning Act is amended by changing Sections 3, 4, and 5 and by adding Sections 4.1, 4.2, 5.2, 5.3, 19.5, and 19.6 as follows: (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153) (Text of Section before amendment by P.A. 91-656) Sec. 3. As used in this Act: "Health care facilities" means and includes the following facilities and organizations: 1. An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act; 2. An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act; 3. Any institution required to be licensed pursuant to the Nursing Home Care Act; 4. Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof;
[April 7, 2000] 228 With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group. Further, this Act shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups. This Act shall apply to construction or modification and to establishment by such health care facility of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible for such action or attendant financial obligation. "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof. "Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c). "State Board" means the Health Facilities Planning Board. "Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum; however, any capital expenditure made by or on behalf of a health care facility for the construction or modification of a facility licensed under the Assisted Living and Shared Housing Act shall be excluded from any obligations under this Act. "Establish" means the construction of a health care facility or the replacement of an existing facility on another site. "Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act. In determining whether medical equipment has a value in excess of the capital expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of such equipment shall be included. "Capital Expenditure" means an expenditure: (A) made by or on behalf of a health care facility (as such a facility is defined in this Act); and (B) which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and which exceeds the capital expenditure minimum. For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other
229 [April 7, 2000] activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in determining if such expenditure exceeds the capital expenditures minimum. Donations of equipment or facilities to a health care facility which if acquired directly by such facility would be subject to review under this Act shall be considered capital expenditures, and a transfer of equipment or facilities for less than fair market value shall be considered a capital expenditure for purposes of this Act if a transfer of the equipment or facilities at fair market value would be subject to review. "Capital expenditure minimum" means $6,000,000, which shall be annually adjusted to reflect the increase in construction costs due to inflation,
[April 7, 2000] 230 affect the well-being of people and that encompasses health services, health manpower, and health facilities; and the coordination among these and with those social, economic, and environmental factors that affect health. "Alternative health care model" means a facility or program authorized under the Alternative Health Care Delivery Act. "Out-of-state facility" means a person that is both (i) licensed as a hospital or as an ambulatory surgery center under the laws of another State or that qualifies as a hospital or an ambulatory surgery center under regulations adopted pursuant to the Social Security Act and (ii) not licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, or the Nursing Home Care Act. Affiliates of out-of-state facilities shall be considered out-of-state facilities. Affiliates of Illinois licensed health care facilities 100% owned by an Illinois licensed health care facility, its parent, or Illinois physicians licensed to practice medicine in all its branches shall not be considered out-of-state facilities. Nothing in this definition shall be construed to include an office or any part of an office of a physician licensed to practice medicine in all its branches in Illinois that is not required to be licensed under the Ambulatory Surgical Treatment Center Act. (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff. 7-1-97.) (Text of Section after amendment by P.A. 91-656) Sec. 3. As used in this Act: "Health care facilities" means and includes the following facilities and organizations: 1. An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act; 2. An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act; 3. Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act; 3. Skilled and intermediate long term care facilities licensed under the Nursing Home Care Act; 4. Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof;
231 [April 7, 2000] other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group. Further, this Act shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional groups. This Act shall apply to construction or modification and to establishment by such health care facility of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible for such action or attendant financial obligation. "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof. "Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c). "State Board" means the Health Facilities Planning Board. "Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum; however, any capital expenditure made by or on behalf of a health care facility for the construction or modification of a facility licensed under the Assisted Living and Shared Housing Act shall be excluded from any obligations under this Act. "Establish" means the construction of a health care facility or the replacement of an existing facility on another site. "Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act. In determining whether medical equipment has a value in excess of the capital expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of such equipment shall be included. "Capital Expenditure" means an expenditure: (A) made by or on behalf of a health care facility (as such a facility is defined in this Act); and (B) which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and which exceeds the capital expenditure minimum. For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in determining if such
[April 7, 2000] 232 expenditure exceeds the capital expenditures minimum. Donations of equipment or facilities to a health care facility which if acquired directly by such facility would be subject to review under this Act shall be considered capital expenditures, and a transfer of equipment or facilities for less than fair market value shall be considered a capital expenditure for purposes of this Act if a transfer of the equipment or facilities at fair market value would be subject to review. "Capital expenditure minimum" means $6,000,000, which shall be annually adjusted to reflect the increase in construction costs due to inflation,
233 [April 7, 2000] affect health. "Alternative health care model" means a facility or program authorized under the Alternative Health Care Delivery Act. "Out-of-state facility" means a person that is both (i) licensed as a hospital or as an ambulatory surgery center under the laws of another State or that qualifies as a hospital or an ambulatory surgery center under regulations adopted pursuant to the Social Security Act and (ii) not licensed under the Ambulatory Surgical Treatment Center Act, the Hospital Licensing Act, or the Nursing Home Care Act. Affiliates of out-of-state facilities shall be considered out-of-state facilities. Affiliates of Illinois licensed health care facilities 100% owned by an Illinois licensed health care facility, its parent, or Illinois physicians licensed to practice medicine in all its branches shall not be considered out-of-state facilities. Nothing in this definition shall be construed to include an office or any part of an office of a physician licensed to practice medicine in all its branches in Illinois that is not required to be licensed under the Ambulatory Surgical Treatment Center Act. (Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.) (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154) Sec. 4. There is created the Health Facilities Planning Board, which shall perform such functions as hereinafter described in this Act. The State Board shall consist of 15 voting members, including: 8 consumer members; one member representing the commercial health insurance industry in Illinois; one member representing
[April 7, 2000] 234 appointed under this amendatory Act of 1996 shall begin on July 1, 1996 and shall last for 2 years, and each subsequent appointment shall be for a term of 3 years. Each member shall hold office until his successor is appointed and qualified. State Board members, while serving on business of the State Board, shall receive actual and necessary travel and subsistence expenses while so serving away from their places of residence. In addition, while serving on business of the State Board, each member shall receive compensation of $150 per day, except that such compensation shall not exceed $7,500 in any one year for any member. The State Board shall provide for its own organization and procedures, including the selection of a Chairman and such other officers as deemed necessary. The Director, with concurrence of the State Board, shall name as full-time Executive Secretary of the State Board, a person qualified in health care facility planning and in administration. The Agency shall provide administrative and staff support for the State Board. The State Board shall advise the Director of its budgetary and staff needs and consult with the Director on annual budget preparation. The State Board shall meet at least once each quarter, or as often as the Chairman of the State Board deems necessary, or upon the request of a majority of the members. Eight members of the State Board shall constitute a quorum. The affirmative vote of 8 of the members of the State Board shall be necessary for any action requiring a vote to be taken by the State Board. A vacancy in the membership of the State Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the State Board as provided by this Act. (Source: P.A. 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.) (20 ILCS 3960/4.1 new) Sec. 4.1. Ethics laws. (a) All State Board meetings are subject to the Open Meetings Act. (b) The State Board is subject to the State Gift Ban Act. (20 ILCS 3960/4.2 new) Sec. 4.2. Ex parte communications. (a) Except in the disposition of matters that agencies are authorized by law to entertain or dispose of on an ex parte basis including, but not limited to rule making, the State Board, any State Board member, employee, or a hearing officer shall not engage in ex parte communication, after an application for a permit is received, in connection with the substance of any application for a permit with any person or party or the representative of any party. (b) A State Board member or employee may communicate with other members or employees and any State Board member or hearing officer may have the aid and advice of one or more personal assistants. (c) An ex parte communication received by the State Board, any State Board member, employee, or a hearing officer shall be made a part of the record of the pending matter, including all written communications, all written responses to the communications, and a memorandum stating the substance of all oral communications and all responses made and the identity of each person from whom the ex parte communication was received. (d) "Ex parte communication" means a communication between a person who is not a State Board member or employee and State Board member or employee that reflects on the substance of a pending State Board proceeding and that takes place outside the record of the proceeding. Communications regarding matters of procedure and practice, such as the format of pleading, number of copies required, manner of service, and status of proceedings, are not considered ex parte communications. Technical assistance with respect to an application, not intended to influence any decision on the application, may be provided by employees to the applicant. Any assistance shall be documented in writing by the applicant and employees within 10 business days after the assistance is provided. (e) For purposes of this Section, "employee" means a person the State Board or the Agency employs on a full-time, part-time, contract,
235 [April 7, 2000] or intern basis. (f) The State Board, State Board member, or hearing examiner presiding over the proceeding, in the event of a violation of this Section, must take whatever action is necessary to ensure that the violation does not prejudice any party or adversely affect the fairness of the proceedings. (g) Nothing in this Section shall be construed to prevent the State Board or any member of the State Board from consulting with the attorney for the State Board. (20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155) Sec. 5. After effective dates set by the State Board, no person shall construct, modify or establish a health care facility or acquire major medical equipment without first obtaining a permit or exemption from the State Board. The State Board shall not delegate to the Executive Secretary of the State Board or any other person or entity the authority to grant permits or exemptions whenever the Executive Secretary or other person or entity would be required to exercise any discretion affecting the decision to grant a permit or exemption. The State Board shall set effective dates applicable to all or to each classification or category of health care facilities and applicable to all or each type of transaction for which a permit is required. Varying effective dates may be set, providing the date or dates so set shall apply uniformly statewide. Notwithstanding any effective dates established by this Act or by the State Board, no person shall be required to obtain a permit for any purpose under this Act until the State health facilities plan referred to in paragraph (4) of Section 12 of this Act has been approved and adopted by the State Board subsequent to public hearings having been held thereon. A permit or exemption shall be obtained prior to the acquisition of major medical equipment or to the construction or modification of a health care facility which: (a) requires a total capital expenditure in excess of the capital expenditure minimum; or (b) substantially changes the scope or changes the functional operation of the facility; or (c) changes the bed capacity of a health care facility by increasing the total number of beds or by distributing beds among various categories of service or by relocating beds from one physical facility or site to another by more than 10 beds or more than 10% of total bed capacity as defined by the State Board, whichever is less, over a 2 year period. A permit shall be valid only for the defined construction or modifications, site, amount and person named in the application for such permit and shall not be transferable or assignable. A permit shall be valid until such time as the project has been completed, provided that (a) obligation of the project occurs within 12 months following issuance of the permit except for major construction projects such obligation must occur within 18 months following issuance of the permit; and (b) the project commences and proceeds to completion with due diligence. Major construction projects, for the purposes of this Act, shall include but are not limited to: projects for the construction of new buildings; additions to existing facilities; modernization projects whose cost is in excess of $1,000,000 or 10% of the facilities' operating revenue, whichever is less; and such other projects as the State Board shall define and prescribe pursuant to this Act. The State Board may extend the obligation period upon a showing of good cause by the permit holder. Permits for projects that have not been obligated within the prescribed obligation period shall expire on the last day of that period. Persons who otherwise would be required to obtain a permit shall be exempt from such requirement if the State Board finds that with respect to establishing a new facility or construction of new buildings or additions or modifications to an existing facility, final plans and specifications for such work have prior to October 1, 1974, been submitted to and approved by the Department of Public Health in
[April 7, 2000] 236 accordance with the requirements of applicable laws. Such exemptions shall be null and void after December 31, 1979 unless binding construction contracts were signed prior to December 1, 1979 and unless construction has commenced prior to December 31, 1979. Such exemptions shall be valid until such time as the project has been completed provided that the project proceeds to completion with due diligence. The acquisition by any person of major medical equipment that will not be owned by or located in a health care facility and that will not be used to provide services to inpatients of a health care facility shall be exempt from review provided that a notice is filed in accordance with exemption requirements. Notwithstanding any other provision of this Act, no permit or exemption is required for the construction or modification of a non-clinical service area of a health care facility. (Source: P.A. 88-18.) (20 ILCS 3960/5.2 new) Sec. 5.2. After the effective date of this amendatory Act of the 91st General Assembly, no person shall establish, construct, or modify an institution, place, building, or room used for the performance of outpatient surgical procedures that is leased, owned, or operated by or on behalf of an out-of-state facility without first obtaining a permit from the State Board. (20 ILCS 3960/5.3 new) Sec. 5.3. In addition to the State Board's authority to require reports, the State Board shall require each health care facility to submit an annual report of all capital expenditures in excess of $200,000 (which shall be annually adjusted to reflect the increase in construction costs due to inflation) made by the health care facility during the most recent year. This annual report shall consist of a brief description of the capital expenditure, the amount and method of financing the capital expenditure, the certificate of need project number if the project was reviewed, and the total amount of capital expenditures obligated for the year. (20 ILCS 3960/19.5 new) Sec. 19.5. Audit. Upon the effective date of this amendatory Act of the 91st General Assembly, the Auditor General must commence an audit of the State Board to determine: (1) whether the State Board can demonstrate that the certificate of need process is successful in controlling health care costs, allowing public access to necessary health services, and guaranteeing the availability of quality health care to the general public; (2) whether the State Board is following its adopted rules and procedures; (3) whether the State Board is consistent in awarding and denying certificates of need; and (4) whether the State Board's annual reports reflect a cost savings to the State. The Auditor General must report on the results of the audit to the General Assembly. This Section is repealed when the Auditor General files his or her report with the General Assembly. (20 ILCS 3960/19.6 new) Sec. 19.6. Repeal. This Act is repealed on July 1, 2003. Section 20. The Illinois State Auditing Act is amended by changing Section 3-1 as follows: (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) Sec. 3-1. Jurisdiction of Auditor General. The Auditor General has jurisdiction over all State agencies to make post audits and investigations authorized by or under this Act or the Constitution. The Auditor General has jurisdiction over local government agencies and private agencies only: (a) to make such post audits authorized by or under this Act as are necessary and incidental to a post audit of a State agency or of a program administered by a State agency involving public funds of the State, but this jurisdiction does not include any
237 [April 7, 2000] authority to review local governmental agencies in the obligation, receipt, expenditure or use of public funds of the State that are granted without limitation or condition imposed by law, other than the general limitation that such funds be used for public purposes; (b) to make investigations authorized by or under this Act or the Constitution; and (c) to make audits of the records of local government agencies to verify actual costs of state-mandated programs when directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act. In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof. The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit. The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Public Aid, Medical Assistance Program. The Auditor General is authorized to conduct financial and compliance audits of the Illinois Distance Learning Foundation and the Illinois Conservation Foundation. As soon as practical after the effective date of this amendatory Act of 1995, the Auditor General shall conduct a compliance and management audit of the City of Chicago and any other entity with regard to the operation of Chicago O'Hare International Airport, Chicago Midway Airport and Merrill C. Meigs Field. The audit shall include, but not be limited to, an examination of revenues, expenses, and transfers of funds; purchasing and contracting policies and practices; staffing levels; and hiring practices and procedures. When completed, the audit required by this paragraph shall be distributed in accordance with Section 3-14. The Auditor General shall conduct a financial and compliance and program audit of distributions from the Municipal Economic Development Fund during the immediately preceding calendar year pursuant to Section 8-403.1 of the Public Utilities Act at no cost to the city, village, or incorporated town that received the distributions. The Auditor General must conduct an audit of the Health Facilities Planning Board pursuant to Section 19.5 of the Illinois Health Facilities Planning Act. (Source: P.A. 89-386, eff. 8-18-95; 90-813, eff. 1-29-99.) Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 9 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1881. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up.
[April 7, 2000] 238 Representative Kosel offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO SENATE BILL 1881 AMENDMENT NO. 1. Amend Senate Bill 1881 on page 1, by replacing lines 1 and 2 with the following: "AN ACT concerning sanitary districts."; and on page 1, immediately below line 4, by inserting the following: "Section 3. The Metropolitan Water Reclamation District Act is amended by changing Section 7a as follows: (70 ILCS 2605/7a) (from Ch. 42, par. 326a) Sec. 7a. Discharge into sewers of a sanitary district. (a) The terms used in this Section are defined as follows: "Board of Commissioners" means the Board of Commissioners of the sanitary district. "Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, buildings, businesses, industrial establishments, institutions, or other places together with any ground, surface, storm, or other water that may be present. "Industrial Wastes" means all solids, liquids, or gaseous wastes resulting from any commercial, industrial, manufacturing, agricultural, trade, or business operation or process, or from the development, recovery, or processing of natural resources. "Other Wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes. "Person" means any individual, firm, association, joint venture, sole proprietorship, company, partnership, estate copartnership, corporation, joint stock company, trust, school district, unit of local government, or private corporation organized or existing under the laws of this or any other state or country. "General Superintendent" means the general superintendent of the sanitary district. (b) It shall be unlawful for any person to discharge sewage, industrial waste, or other wastes into the sewerage system of a sanitary district or into any sewer connected therewith, except upon the terms and conditions that the sanitary district might reasonably impose by way of ordinance, permit, or otherwise. Any sanitary district, in addition to all other powers vested in it and in the interest of public health and safety, or as authorized by subsections (b) and (c) of Section 46 of the Environmental Protection Act, is hereby empowered to pass all ordinances, rules, or regulations necessary to implement this Section, including but not limited to, the imposition of charges based on factors that influence the cost of treatment, including strength and volume, and including the right of access during reasonable hours to the premises of a person for enforcement of adopted ordinances, rules, or regulations. (c) Whenever the sanitary district acting through the general superintendent determines that sewage, industrial wastes, or other wastes are being discharged into the sewerage system and when, in the opinion of the general superintendent the discharge is in violation of an ordinance, rules, or regulations adopted by the Board of Commissioners under this Section governing industrial wastes or other wastes, the general superintendent shall order the offending party to cease and desist. The order shall be served by certified mail or personally on the owner, officer, registered agent, or individual designated by permit. In the event the offending party fails or refuses to discontinue the discharge within 90 days after notification of the cease and desist order, the general superintendent may order the offending party to show cause before the Board of Commissioners of the sanitary district why the discharge should not be discontinued. A notice shall be served on the offending party directing him, her, or it to show cause before the Board of Commissioners why an order should not be
239 [April 7, 2000] entered directing the discontinuance of the discharge. The notice shall specify the time and place where a hearing will be held and shall be served personally or by registered or certified mail at least 10 days before the hearing; and in the case of a unit of local government or a corporation the service shall be upon an officer or agent thereof. After reviewing the evidence, the Board of Commissioners may issue an order to the party responsible for the discharge, directing that within a specified period of time the discharge be discontinued. The Board of Commissioners may also order the party responsible for the discharge to pay a civil penalty in an amount specified by the Board of Commissioners that is not less than $100 nor more than $2,000 per day for each day of discharge of effluent in violation of this Act as provided in subsection (d). The Board of Commissioners may also order the party responsible for the violation to pay court reporter costs and hearing officer fees in a total amount not exceeding $3,000. (d) The Board of Commissioners shall establish procedures for assessing civil penalties and issuing orders under subsection (c) as follows: (1) In making its orders and determinations, the Board of Commissioners shall take into consideration all the facts and circumstances bearing on the activities involved and the assessment of civil penalties as shown by the record produced at the hearing. (2) The Board of Commissioners shall establish a panel of independent hearing officers to conduct all hearings on the assessment of civil penalties and issuance of orders under subsection (c). The hearing officers shall be attorneys licensed to practice law in this State. (3) The Board of Commissioners shall promulgate procedural rules governing the proceedings, the assessment of civil penalties, and the issuance of orders. (4) All hearings shall be on the record, and testimony taken must be under oath and recorded stenographically. Transcripts so recorded must be made available to any member of the public or any party to the hearing upon payment of the usual charges for transcripts. At the hearing, the hearing officer may issue, in the name of the Board of Commissioners, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing and may examine witnesses. (5) The hearing officer shall conduct a full and impartial hearing on the record, with an opportunity for the presentation of evidence and cross-examination of the witnesses. The hearing officer shall issue findings of fact, conclusions of law, a recommended civil penalty, and an order based solely on the record. The hearing officer may also recommend, as part of the order, that the discharge of industrial waste be discontinued within a specified time. (6) The findings of fact, conclusions of law, recommended civil penalty, and order shall be transmitted to the Board of Commissioners along with a complete record of the hearing. (7) The Board of Commissioners shall either approve or disapprove the findings of fact, conclusions of law, recommended civil penalty, and order. If the findings of fact, conclusions of law, recommended civil penalty, or order are rejected, the Board of Commissioners shall remand the matter to the hearing officer for further proceedings. If the order is accepted by the Board of Commissioners, it shall constitute the final order of the Board of Commissioners. (8) (Blank).
[April 7, 2000] 240 judicial review under paragraph (8). (10) If the respondent seeks judicial review of the order assessing civil penalties, the respondent shall, within 35 days after the date of the final order, pay the amount of the civil penalties into an escrow account maintained by the district for that purpose or file a bond guaranteeing payment of the civil penalties if the civil penalties are upheld on review. (11) Civil penalties not paid by the times specified above shall be delinquent and subject to a lien recorded against the property of the person ordered to pay the penalty. The foregoing provisions for asserting liens against real estate by the sanitary district shall be in addition to and not in derogation of any other remedy or right of recovery, in law or equity, that the sanitary district may have with respect to the collection or recovery of penalties and charges imposed by the sanitary district. Judgment in a civil action brought by the sanitary district to recover or collect the charges shall not operate as a release and waiver of the lien upon the real estate for the amount of the judgment. Only satisfaction of the judgment or the filing of a release or satisfaction of lien shall release the lien. (e) The general superintendent may order a person to cease the discharge of industrial waste upon a finding by the general superintendent that the final order of the Board of Commissioners entered after a hearing to show cause has been violated. The general superintendent shall serve the person with a copy of his or her order either by certified mail or personally by serving the owner, officer, registered agent, or individual designated by permit. The order of the general superintendent shall also schedule an expedited hearing before a hearing officer designated by the Board of Commissioners for the purpose of determining whether the company has violated the final order of the Board of Commissioners. The Board of Commissioners shall adopt rules of procedure governing expedited hearings. In no event shall the hearing be conducted less than 7 days after receipt by the person of the general superintendent's order. At the conclusion of the expedited hearing, the hearing officer shall prepare a report with his or her findings and recommendations and transmit it to the Board of Commissioners. If the Board of Commissioners, after reviewing the findings and recommendations, and the record produced at the hearings, determines that the person has violated the Board of Commissioner's final order, the Board of Commissioners may authorize the plugging of the sewer. The general superintendent shall give not less than 10 days written notice of the Board of Commissioner's order to the owner, officer, registered agent, or individual designated by permit, as well as the owner of record of the real estate and other parties known to be affected, that the sewer will be plugged.
241 [April 7, 2000] immediately inquire into the facts and circumstances of the case and enter an appropriate judgment in respect to the matters complained of. Appeals may be taken as in other civil cases. (g) The sanitary district, acting through the general superintendent, has the power to commence an action or proceeding for mandamus or injunction in the circuit court ordering a person to cease its discharge, when, in the opinion of the general superintendent, the person's discharge presents an imminent danger to the public health, welfare, or safety, presents or may present an endangerment to the environment, or threatens to interfere with the operation of the sewerage system or a water reclamation plant under the jurisdiction of the sanitary district. The initiation of a show cause hearing is not a prerequisite to the commencement by the sanitary district of an action or proceeding for mandamus or injunction in the circuit court. The court shall specify a time, not exceeding 20 days after the service of a copy of the petition, in which the party complained of must answer the petition, and in the meantime, the party may be restrained. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate judgment order in respect to the matters complained of. An appeal may be taken from the final judgment in the same manner and with the same effect as appeals are taken from judgment of the circuit court in other actions for mandamus or injunction. (h) Whenever the sanitary district commences an action under subsection (f) of this Section, the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the person violates a Board order. Whenever the sanitary district commences an action under subsection (g) of this Section, the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the person violates the ordinance. Each day's continuance of the violation is a separate offense. The penalties provided in this Section plus interest at the rate set forth in the Interest Act on unpaid penalties, costs, and fees, imposed by the Board of Commissioners under subsection (d), the reasonable costs to the sanitary district of removal or other remedial action caused by discharges in violation of this Act, reasonable attorney's fees, court costs, and other expenses of litigation together with costs for inspection, sampling, analysis, and administration related to the enforcement action against the offending party are recoverable by the sanitary district in a civil action. (i) The Board of Commissioners may establish fees for late filing of reports with the sanitary district required by an ordinance governing discharges. The sanitary district shall provide by certified mail a written notice of the fee assessment that states the person has 30 days after the receipt of the notice to request a conference with the general superintendent's designee to discuss or dispute the appropriateness of the assessed fee. Unless a person objects to paying the fee for filing a report late by timely requesting in writing a conference with a designee of the general superintendent, that person waives his or her right to a conference and the sanitary district may impose a lien recorded against the property of the person for the amount of the unpaid fee. If a person requests a conference and the matter is not resolved at the conference, the person subject to the fee may request an administrative hearing before an impartial hearing officer appointed under subsection (d) to determine the person's liability for and the amount of the fee. If the hearing officer finds that the late filing fees are owed to the sanitary district, the sanitary district shall notify the responsible person or persons of the hearing officer's decision. If payment is not made within 30 days after the notice, the sanitary district may impose a lien on the property of the person or persons. Any liens filed under this subsection shall apply only to the property to which the late filing fees are related. A claim for lien shall be filed in the office of the recorder of the county in which the property is located. The filing of a claim for lien by the district
[April 7, 2000] 242 does not prevent the sanitary district from pursuing other means for collecting late filing fees. If a claim for lien is filed, the sanitary district shall notify the person whose property is subject to the lien, and the person may challenge the lien by filing an action in the circuit court. The action shall be filed within 90 days after the person receives the notice of the filing of the claim for lien. The court shall hear evidence concerning the underlying reasons for the lien only if an administrative hearing has not been held under this subsection. (j) If the provisions of any paragraph of this Section are declared unconstitutional or invalid by the final decision of any court of competent jurisdiction, the provisions of the remaining paragraphs continue in effect. (k) Nothing in this Section eliminates any of the powers now granted to municipalities having a population of 500,000 or more as to design, preparation of plans, and construction, maintenance, and operation of sewers and sewerage systems, or for the control and elimination or prevention of the pollution of their waters or waterways, in the Illinois Municipal Code or any other Act of the State of Illinois. (l) The provisions of the Administrative Review Law and all amendments and rules adopted pursuant to that Law apply to and govern all proceedings for the judicial review of final administrative decisions of the Board of Commissioners in the enforcement of any ordinance, rule, or regulation adopted under this Act. (Source: P.A. 90-354, eff. 8-8-97.)". AMENDMENT NO. 2 TO SENATE BILL 1881 AMENDMENT NO. 2. Amend Senate Bill 1881, AS AMENDED, in the introductory clause of Section 3, after "Section 7a", by inserting "and adding Section 277"; and in Section 3, after the end of Sec. 7a, by inserting the following: "(70 ILCS 2605/277 new) Sec. 277. District enlarged. Upon the effective date of this amendatory Act of the 91st General Assembly, the corporate limits of the Metropolitan Water Reclamation District are extended to include within those limits the following described tracts of land that are annexed to the District: (a) SUBJECT PARCEL: THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS: ORIGINAL PARCEL 1: THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF RELOCATED BARRINGTON ROAD, AS DEDICATED BY DOCUMENT NUMBER 11234368, AND LYING SOUTH OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; -LESS AND EXCEPTING THEREFROM- ANY PART THEREOF PREVIOUSLY CONVEYED IN FEE TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY WARRANTY DEED RECORDED AS DOCUMENT 16947360; -LESS AND EXCEPTING THEREFROM- THE FOLLOWING PART THEREOF TAKEN IN CASE NO 88L51441, CIRCUIT COURT OF COOK COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO THE POINT OF BEGINNING, BEING ALSO A POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER CONVEYANCE RECORDED FEBRUARY 21, 1957, AS DOCUMENT 16831935; THENCE CONTINUING NORTH 00 DEGREES 14 MINUTES 15 SECONDS
243 [April 7, 2000] EAST, ALONG SAID EAST LINE, 371.20 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE NORTH 88 DEGREES 30 MINUTES 52 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 71.02 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST, 333.80 FEET TO A POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT GRANTED TO ILLINOIS STATE TOLL HIGHWAY COMMISSION PER CONVEYANCE RECORDED JULY 2, 1957, AS DOCUMENT 16947360; THENCE SOUTH 57 DEGREES 45 MINUTES 35 SECONDS EAST, ALONG SAID NORTHERLY LINE, 63.91 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED PERPETUAL EASEMENT LINE, EXTENDED WESTERLY; THENCE SOUTH 72 DEGREES 56 MINUTES 57 SECONDS EAST, ALONG SAID EXTENDED LINE, 17.55 FEET TO THE POINT OF BEGINNING; -TOGETHER WITH- ORIGINAL PARCEL 2: THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, AND, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35, THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECOND EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO A POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER CONVEYANCE RECORDED FEBRUARY 21, 1957 AS DOCUMENT NO. 16831935; THENCE NORTH 72 DEGREES 56 MINUTES 57 SECONDS WEST ALONG SAID NORTHERLY LINE (EXTENDED WESTERLY) 17.55 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF A PERPETUAL EASEMENT (SINCE RELEASED PER QUITCLAIM DEED RECORDED APRIL 16, 1996 AS DOCUMENT # 96283771) GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER CONVEYANCE RECORDED JULY 2, 1957 AS DOCUMENT NO. 16947360; THENCE NORTH 57 DEGREES 45 MINUTES 35 SECONDS WEST ALONG SAID NORTHERLY LINE, 63.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 57 DEGREES 45 MINUTES 35 SECONDS WEST ALONG SAID NORTHERLY LINE 387.69 FEET; THENCE CONTINUING NORTH 78 DEGREES 15 MINUTES 45 SECONDS WEST ALONG SAID NORTHERLY LINE 430.00 FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS SOUTH 75 DEGREES 29 MINUTES 00 SECONDS EAST FROM SAID POINT; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE, 100.20 FEET THROUGH A CENTRAL ANGLE OF 03 DEGREES 40 MINUTES 29 SECONDS TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH 78 DEGREES 07 MINUTES 48 SECONDS EAST ALONG SAID SOUTHERLY LINE 192.00 FEET; THENCE CONTINUING SOUTH 68 DEGREES 07 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY LINE 425.64 FEET; THENCE CONTINUING SOUTH 57 DEGREES 38 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY LINE 222.02 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST 120.40 FEET TO THE POINT OF BEGINNING; EXCEPTION FROM ORIGINAL PARCEL 1 AND ORIGINAL PARCEL 2 THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35, THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 805.52 FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD BEARING SOUTH 13 DEGREES 47 MINUTES 57 SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET;
[April 7, 2000] 244 THENCE SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35 TO A POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED CENTRAL ROAD PER CONDEMNATION CASE NO 88L51440; THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST ALONG SAID LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86 FEET TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE NORTH 57 DEGREES 37 MINUTES 56 SECONDS WEST ALONG SAID LAST DESCRIBED SOUTHERLY LINE OF PERPETUAL EASEMENT, 164.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO KNOWN AS: THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1987, AS DOCUMENT 87172901; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 71.02 FEET TO THE POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST CONTINUING ALONG THE SOUTH LINE OF SAID LOT 1, 734.50 FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD BEARING SOUTH 13 DEGREES 47 MINUTES 51 SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 72.44 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (b) THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 660.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1987 AS DOCUMENT NUMBER 87172901; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 805.52 FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360, BEING ALSO A POINT ON A 1562.28 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD BEARING
245 [April 7, 2000] SOUTH 13 DEGREES 47 MINUTES 51 SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35 TO A POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION; THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST, 139.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST ALONG SAID LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86 FEET TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT NUMBER 16947360; THENCE NORTH 57 DEGREES 37 MINUTES 56 SECONDS WEST ALONG SAID LAST DESCRIBED SOUTHERLY LINE OF PERPETUAL EASEMENT, 164.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was again held on the order of Second Reading. Having been read by title a second time on April 5, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 1330. SENATE BILL 1513. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration & Election Reform, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1513 AMENDMENT NO. 1. Amend Senate Bill 1513 on page 2, line 28, by replacing "$250,000" with "$75,000". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1707. Having been read by title a second time on April 6, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1707 AMENDMENT NO. 1. Amend Senate Bill 1707 by replacing the title with the following: "AN ACT concerning taxes."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Income Tax Act is amended by changing Sections 201, 203, 405, 803, and 1501 as follows: (35 ILCS 5/201) (from Ch. 120, par. 2-201) Sec. 201. Tax Imposed.
[April 7, 2000] 246 (a) In general. A tax measured by net income is hereby imposed on every individual, corporation, trust and estate for each taxable year ending after July 31, 1969 on the privilege of earning or receiving income in or as a resident of this State. Such tax shall be in addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof. (b) Rates. The tax imposed by subsection (a) of this Section shall be determined as follows, except as adjusted by subsection (d-1): (1) In the case of an individual, trust or estate, for taxable years ending prior to July 1, 1989, an amount equal to 2 1/2% of the taxpayer's net income for the taxable year. (2) In the case of an individual, trust or estate, for taxable years beginning prior to July 1, 1989 and ending after June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 3% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3. (3) In the case of an individual, trust or estate, for taxable years beginning after June 30, 1989, an amount equal to 3% of the taxpayer's net income for the taxable year. (4) (Blank). (5) (Blank). (6) In the case of a corporation, for taxable years ending prior to July 1, 1989, an amount equal to 4% of the taxpayer's net income for the taxable year. (7) In the case of a corporation, for taxable years beginning prior to July 1, 1989 and ending after June 30, 1989, an amount equal to the sum of (i) 4% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 4.8% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3. (8) In the case of a corporation, for taxable years beginning after June 30, 1989, an amount equal to 4.8% of the taxpayer's net income for the taxable year. (c) Beginning on July 1, 1979 and thereafter, in addition to such income tax, there is also hereby imposed the Personal Property Tax Replacement Income Tax measured by net income on every corporation (including Subchapter S corporations), partnership and trust, for each taxable year ending after June 30, 1979. Such taxes are imposed on the privilege of earning or receiving income in or as a resident of this State. The Personal Property Tax Replacement Income Tax shall be in addition to the income tax imposed by subsections (a) and (b) of this Section and in addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof. (d) Additional Personal Property Tax Replacement Income Tax Rates. The personal property tax replacement income tax imposed by this subsection and subsection (c) of this Section in the case of a corporation, other than a Subchapter S corporation and except as adjusted by subsection (d-1), shall be an additional amount equal to 2.85% of such taxpayer's net income for the taxable year, except that beginning on January 1, 1981, and thereafter, the rate of 2.85% specified in this subsection shall be reduced to 2.5%, and in the case of a partnership, trust or a Subchapter S corporation shall be an additional amount equal to 1.5% of such taxpayer's net income for the taxable year. (d-1) Rate reduction for certain foreign insurers. In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose reinsurance premiums assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination reinsurance premiums do not include assumed premiums from inter-affiliate pooling arrangements), beginning with taxable years ending on or after December
247 [April 7, 2000] 31, 1999 and ending with taxable years ending on or before December 31, 2000, the sum of the rates of tax imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer's net income allocable to Illinois for the taxable year by such foreign insurer's state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer's state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer's state of domicile. (1) For the purposes of subsection (d-1), in no event shall the sum of the rates of tax imposed by subsections (b) and (d) be reduced below the rate at which the sum of: (A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code, equals 1.25% of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code. This paragraph will in no event increase the rates imposed under subsections (b) and (d). (2) Any reduction in the rates of tax imposed by this subsection shall be applied first against the rates imposed by subsection (b) and only after the tax imposed by subsection (a) net of all credits allowed under this Section other than the credit allowed under subsection (i) has been reduced to zero, against the rates imposed by subsection (d). (3) The provisions of this subsection (d-1) are effective only through December 31, 2000 and cease to be effective on January 1, 2001; but this does not affect any claim or obligation based upon the use or application of this subsection for tax years ending on December 31, 2000 or earlier. (e) Investment credit. A taxpayer shall be allowed a credit against the Personal Property Tax Replacement Income Tax for investment in qualified property. (1) A taxpayer shall be allowed a credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1984. There shall be allowed an additional credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1986, and the taxpayer's base employment within Illinois has increased by 1% or more over the preceding year as determined by the taxpayer's employment records filed with the Illinois Department of Employment Security. Taxpayers who are new to Illinois shall be deemed to have met the 1% growth in base employment for the first year in which they file employment records with the Illinois Department of Employment Security. The provisions added to this Section by Public Act 85-1200 (and restored by Public Act 87-895) shall be construed as declaratory of existing law and not as a new enactment. If, in any year, the increase in base employment within Illinois over the preceding year is less than 1%, the additional credit shall be limited to that percentage times a fraction, the numerator of which is .5% and the denominator of which is 1%, but shall not exceed .5%. The investment credit shall not be allowed to the extent that it would reduce a taxpayer's liability in any tax year below zero, nor may any credit for qualified property be allowed for any year other than the year in which the property was placed in service in Illinois. For tax years ending on or after December 31, 1987, and
[April 7, 2000] 248 on or before December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit years if the taxpayer (i) makes investments which cause the creation of a minimum of 2,000 full-time equivalent jobs in Illinois, (ii) is located in an enterprise zone established pursuant to the Illinois Enterprise Zone Act and (iii) is certified by the Department of Commerce and Community Affairs as complying with the requirements specified in clause (i) and (ii) by July 1, 1986. The Department of Commerce and Community Affairs shall notify the Department of Revenue of all such certifications immediately. For tax years ending after December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit years. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, earlier credit shall be applied first. (2) The term "qualified property" means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings and signs that are real property, but not including land or improvements to real property that are not a structural component of a building such as landscaping, sewer lines, local access roads, fencing, parking lots, and other appurtenances; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (e); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; (D) is used in Illinois by a taxpayer who is primarily engaged in manufacturing, or in mining coal or fluorite, or in retailing; and (E) has not previously been used in Illinois in such a manner and by such a person as would qualify for the credit provided by this subsection (e) or subsection (f). (3) For purposes of this subsection (e), "manufacturing" means the material staging and production of tangible personal property by procedures commonly regarded as manufacturing, processing, fabrication, or assembling which changes some existing material into new shapes, new qualities, or new combinations. For purposes of this subsection (e) the term "mining" shall have the same meaning as the term "mining" in Section 613(c) of the Internal Revenue Code. For purposes of this subsection (e), the term "retailing" means the sale of tangible personal property or services rendered in conjunction with the sale of tangible consumer goods or commodities. (4) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (5) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (6) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (7) If during any taxable year, any property ceases to be qualified property in the hands of the taxpayer within 48 months
249 [April 7, 2000] after being placed in service, or the situs of any qualified property is moved outside Illinois within 48 months after being placed in service, the Personal Property Tax Replacement Income Tax for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation and, (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (7), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (8) Unless the investment credit is extended by law, the basis of qualified property shall not include costs incurred after December 31, 2003, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2003. (9) Each taxable year ending before December 31, 2000, a partnership may elect to pass through to its partners the credits to which the partnership is entitled under this subsection (e) for the taxable year. A partner may use the credit allocated to him or her under this paragraph only against the tax imposed in subsections (c) and (d) of this Section. If the partnership makes that election, those credits shall be allocated among the partners in the partnership in accordance with the rules set forth in Section 704(b) of the Internal Revenue Code, and the rules promulgated under that Section, and the allocated amount of the credits shall be allowed to the partners for that taxable year. The partnership shall make this election on its Personal Property Tax Replacement Income Tax return for that taxable year. The election to pass through the credits shall be irrevocable. For taxable years ending on or after December 31, 2000, a partner that qualifies its partnership for a subtraction under subparagraph (I) of paragraph (2) of subsection (d) of Section 203 or a shareholder that qualifies a Subchapter S corporation for a subtraction under subparagraph (S) of paragraph (2) of subsection (b) of Section 203 shall be allowed a credit under this subsection (e) equal to its share of the credit earned under this subsection (e) during the taxable year by the partnership or Subchapter S corporation, determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code. This paragraph is exempt from the provisions of Section 250. (f) Investment credit; Enterprise Zone. (1) A taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service in an Enterprise Zone created pursuant to the Illinois Enterprise Zone Act. For partners, shareholders of Subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection (f) to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code. The credit shall be .5% of the basis for such property. The credit shall be available only in the taxable year in which the property is placed in service in the Enterprise Zone and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. For tax years ending on or after December 31, 1985, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the
[April 7, 2000] 250 excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, the credit accruing first in time shall be applied first. (2) The term qualified property means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (f); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; (D) is used in the Enterprise Zone by the taxpayer; and (E) has not been previously used in Illinois in such a manner and by such a person as would qualify for the credit provided by this subsection (f) or subsection (e). (3) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in the Enterprise Zone by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (6) If during any taxable year, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside the Enterprise Zone within 48 months after being placed in service, the tax imposed under subsections (a) and (b) of this Section for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (6), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone. (1) A taxpayer conducting a trade or business in an enterprise zone or a High Impact Business designated by the Department of Commerce and Community Affairs conducting a trade or business in a federally designated Foreign Trade Zone or Sub-Zone shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section in the amount of $500 per eligible employee hired to work in the zone during the taxable year. (2) To qualify for the credit: (A) the taxpayer must hire 5 or more eligible employees to work in an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone during the taxable year; (B) the taxpayer's total employment within the enterprise zone or federally designated Foreign Trade Zone or Sub-Zone must increase by 5 or more full-time employees beyond the total employed in that zone at the end of the previous tax year for which a jobs tax credit under this Section was taken, or beyond the total employed by the taxpayer as of December 31, 1985, whichever is later; and (C) the eligible employees must be employed 180 consecutive days in order to be deemed hired for purposes of this subsection. (3) An "eligible employee" means an employee who is:
251 [April 7, 2000] (A) Certified by the Department of Commerce and Community Affairs as "eligible for services" pursuant to regulations promulgated in accordance with Title II of the Job Training Partnership Act, Training Services for the Disadvantaged or Title III of the Job Training Partnership Act, Employment and Training Assistance for Dislocated Workers Program. (B) Hired after the enterprise zone or federally designated Foreign Trade Zone or Sub-Zone was designated or the trade or business was located in that zone, whichever is later. (C) Employed in the enterprise zone or Foreign Trade Zone or Sub-Zone. An employee is employed in an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone if his services are rendered there or it is the base of operations for the services performed. (D) A full-time employee working 30 or more hours per week. (4) For tax years ending on or after December 31, 1985 and prior to December 31, 1988, the credit shall be allowed for the tax year in which the eligible employees are hired. For tax years ending on or after December 31, 1988, the credit shall be allowed for the tax year immediately following the tax year in which the eligible employees are hired. If the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, earlier credit shall be applied first. (5) The Department of Revenue shall promulgate such rules and regulations as may be deemed necessary to carry out the purposes of this subsection (g). (6) The credit shall be available for eligible employees hired on or after January 1, 1986. (h) Investment credit; High Impact Business. (1) Subject to subsection (b) of Section 5.5 of the Illinois Enterprise Zone Act, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service by a Department of Commerce and Community Affairs designated High Impact Business. The credit shall be .5% of the basis for such property. The credit shall not be available until the minimum investments in qualified property set forth in Section 5.5 of the Illinois Enterprise Zone Act have been satisfied and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. The credit applicable to such minimum investments shall be taken in the taxable year in which such minimum investments have been completed. The credit for additional investments beyond the minimum investment by a designated high impact business shall be available only in the taxable year in which the property is placed in service and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. For tax years ending on or after December 31, 1987, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, the credit accruing first in time shall be applied first.
[April 7, 2000] 252 Changes made in this subdivision (h)(1) by Public Act 88-670 restore changes made by Public Act 85-1182 and reflect existing law. (2) The term qualified property means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (h); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; and (D) is not eligible for the Enterprise Zone Investment Credit provided by subsection (f) of this Section. (3) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in a federally designated Foreign Trade Zone or Sub-Zone located in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (6) If during any taxable year ending on or before December 31, 1996, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside Illinois within 48 months after being placed in service, the tax imposed under subsections (a) and (b) of this Section for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (6), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (7) Beginning with tax years ending after December 31, 1996, if a taxpayer qualifies for the credit under this subsection (h) and thereby is granted a tax abatement and the taxpayer relocates its entire facility in violation of the explicit terms and length of the contract under Section 18-183 of the Property Tax Code, the tax imposed under subsections (a) and (b) of this Section shall be increased for the taxable year in which the taxpayer relocated its facility by an amount equal to the amount of credit received by the taxpayer under this subsection (h). (i) A credit shall be allowed against the tax imposed by subsections (a) and (b) of this Section for the tax imposed by subsections (c) and (d) of this Section. This credit shall be computed by multiplying the tax imposed by subsections (c) and (d) of this Section by a fraction, the numerator of which is base income allocable to Illinois and the denominator of which is Illinois base income, and further multiplying the product by the tax rate imposed by subsections (a) and (b) of this Section. Any credit earned on or after December 31, 1986 under this subsection which is unused in the year the credit is computed because it exceeds the tax liability imposed by subsections (a) and (b) for that year (whether it exceeds the original liability or the liability as later amended) may be carried forward and applied to the tax liability imposed by subsections (a) and (b) of the 5 taxable years following the excess credit year. This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is
253 [April 7, 2000] available to offset a liability the earliest credit arising under this subsection shall be applied first. If, during any taxable year ending on or after December 31, 1986, the tax imposed by subsections (c) and (d) of this Section for which a taxpayer has claimed a credit under this subsection (i) is reduced, the amount of credit for such tax shall also be reduced. Such reduction shall be determined by recomputing the credit to take into account the reduced tax imposed by subsection (c) and (d). If any portion of the reduced amount of credit has been carried to a different taxable year, an amended return shall be filed for such taxable year to reduce the amount of credit claimed. (j) Training expense credit. Beginning with tax years ending on or after December 31, 1986, a taxpayer shall be allowed a credit against the tax imposed by subsection (a) and (b) under this Section for all amounts paid or accrued, on behalf of all persons employed by the taxpayer in Illinois or Illinois residents employed outside of Illinois by a taxpayer, for educational or vocational training in semi-technical or technical fields or semi-skilled or skilled fields, which were deducted from gross income in the computation of taxable income. The credit against the tax imposed by subsections (a) and (b) shall be 1.6% of such training expenses. For partners, shareholders of subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection (j) to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code. Any credit allowed under this subsection which is unused in the year the credit is earned may be carried forward to each of the 5 taxable years following the year for which the credit is first computed until it is used. This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is available to offset a liability the earliest credit arising under this subsection shall be applied first. (k) Research and development credit. Beginning with tax years ending after July 1, 1990, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for increasing research activities in this State. The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 6 1/2% of the qualifying expenditures for increasing research activities in this State. For partners, shareholders of subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code. For purposes of this subsection, "qualifying expenditures" means the qualifying expenditures as defined for the federal credit for increasing research activities which would be allowable under Section 41 of the Internal Revenue Code and which are conducted in this State, "qualifying expenditures for increasing research activities in this State" means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures for the base period, "qualifying expenditures for the base period" means the average of the qualifying expenditures for each year in the base period, and "base period" means the 3 taxable years immediately preceding the taxable year for which the determination is being made. Any credit in excess of the tax liability for the taxable year may be carried forward. A taxpayer may elect to have the unused credit shown on its final completed return carried over as a credit against the tax liability for the following 5 taxable years or until it has been fully used, whichever occurs first. If an unused credit is carried forward to a given year from 2 or
[April 7, 2000] 254 more earlier years, that credit arising in the earliest year will be applied first against the tax liability for the given year. If a tax liability for the given year still remains, the credit from the next earliest year will then be applied, and so on, until all credits have been used or no tax liability for the given year remains. Any remaining unused credit or credits then will be carried forward to the next following year in which a tax liability is incurred, except that no credit can be carried forward to a year which is more than 5 years after the year in which the expense for which the credit is given was incurred. Unless extended by law, the credit shall not include costs incurred after December 31, 2004, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2004. No inference shall be drawn from this amendatory Act of the 91st General Assembly in construing this Section for taxable years beginning before January 1, 1999. (l) Environmental Remediation Tax Credit. (i) For tax years ending after December 31, 1997 and on or before December 31, 2001, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for certain amounts paid for unreimbursed eligible remediation costs, as specified in this subsection. For purposes of this Section, "unreimbursed eligible remediation costs" means costs approved by the Illinois Environmental Protection Agency ("Agency") under Section 58.14 of the Environmental Protection Act that were paid in performing environmental remediation at a site for which a No Further Remediation Letter was issued by the Agency and recorded under Section 58.10 of the Environmental Protection Act. The credit must be claimed for the taxable year in which Agency approval of the eligible remediation costs is granted. The credit is not available to any taxpayer if the taxpayer or any related party caused or contributed to, in any material respect, a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action pursuant to the Site Remediation Program of the Environmental Protection Act. After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability for purposes of this Section shall be made consistent with those rules. For purposes of this Section, "taxpayer" includes a person whose tax attributes the taxpayer has succeeded to under Section 381 of the Internal Revenue Code and "related party" includes the persons disallowed a deduction for losses by paragraphs (b), (c), and (f)(1) of Section 267 of the Internal Revenue Code by virtue of being a related taxpayer, as well as any of its partners. The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 25% of the unreimbursed eligible remediation costs in excess of $100,000 per site, except that the $100,000 threshold shall not apply to any site contained in an enterprise zone as determined by the Department of Commerce and Community Affairs. The total credit allowed shall not exceed $40,000 per year with a maximum total of $150,000 per site. For partners and shareholders of subchapter S corporations, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 of subchapter S of the Internal Revenue Code. (ii) A credit allowed under this subsection that is unused in the year the credit is earned may be carried forward to each of the 5 taxable years following the year for which the credit is first earned until it is used. The term "unused credit" does not include any amounts of unreimbursed eligible remediation costs in excess of the maximum credit per site authorized under paragraph (i). This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is available to offset a liability, the
255 [April 7, 2000] earliest credit arising under this subsection shall be applied first. A credit allowed under this subsection may be sold to a buyer as part of a sale of all or part of the remediation site for which the credit was granted. The purchaser of a remediation site and the tax credit shall succeed to the unused credit and remaining carry-forward period of the seller. To perfect the transfer, the assignor shall record the transfer in the chain of title for the site and provide written notice to the Director of the Illinois Department of Revenue of the assignor's intent to sell the remediation site and the amount of the tax credit to be transferred as a portion of the sale. In no event may a credit be transferred to any taxpayer if the taxpayer or a related party would not be eligible under the provisions of subsection (i). (iii) For purposes of this Section, the term "site" shall have the same meaning as under Section 58.2 of the Environmental Protection Act. (m) Education expense credit. Beginning with tax years ending after December 31, 1999, a taxpayer who is the custodian of one or more qualifying pupils shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for qualified education expenses incurred on behalf of the qualifying pupils. The credit shall be equal to 25% of qualified education expenses, but in no event may the total credit under this Section claimed by a family that is the custodian of qualifying pupils exceed $500. In no event shall a credit under this subsection reduce the taxpayer's liability under this Act to less than zero. This subsection is exempt from the provisions of Section 250 of this Act. For purposes of this subsection; "Qualifying pupils" means individuals who (i) are residents of the State of Illinois, (ii) are under the age of 21 at the close of the school year for which a credit is sought, and (iii) during the school year for which a credit is sought were full-time pupils enrolled in a kindergarten through twelfth grade education program at any school, as defined in this subsection. "Qualified education expense" means the amount incurred on behalf of a qualifying pupil in excess of $250 for tuition, book fees, and lab fees at the school in which the pupil is enrolled during the regular school year. "School" means any public or nonpublic elementary or secondary school in Illinois that is in compliance with Title VI of the Civil Rights Act of 1964 and attendance at which satisfies the requirements of Section 26-1 of the School Code, except that nothing shall be construed to require a child to attend any particular public or nonpublic school to qualify for the credit under this Section. "Custodian" means, with respect to qualifying pupils, an Illinois resident who is a parent, the parents, a legal guardian, or the legal guardians of the qualifying pupils. (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff. 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; revised 8-27-99.) (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;
[April 7, 2000] 256 (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; and (D-10) For taxable years ending after December 31, 1997, 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; and by deducting from the total so obtained the sum of the following amounts: (E) Any amount included in such total in respect of any compensation (including but not limited to any compensation paid or accrued to a serviceman while a prisoner of war or missing in action) paid to a resident by reason of being on active duty in the Armed Forces of the United States and in respect of any compensation paid or accrued to a resident who as a governmental employee was a prisoner of war or missing in action, and in respect of any compensation paid to a resident in 1971 or thereafter for annual training performed pursuant to Sections 502 and 503, Title 32, United States Code as a member of the Illinois National Guard; (F) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the Internal Revenue Code, or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto; (G) The valuation limitation amount; (H) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (I) An amount equal to all amounts included in such total pursuant to the provisions of Section 111 of the Internal Revenue Code as a recovery of items previously deducted from adjusted gross income in the computation of taxable income; (J) An amount equal to those dividends included in such total which were paid by a corporation which conducts business operations in an Enterprise Zone or zones created under the Illinois Enterprise Zone Act, and conducts substantially all of its operations in an Enterprise Zone or zones;
257 [April 7, 2000] (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
[April 7, 2000] 258 (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; and (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. 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. (b) Corporations. (1) In general. In the case of a corporation, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts:
259 [April 7, 2000] (A) An amount equal to all amounts paid or accrued to the taxpayer as interest and all distributions received from regulated investment companies during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year; (C) In the case of a regulated investment company, an amount equal to the excess of (i) the net long-term capital gain for the taxable year, over (ii) the amount of the capital gain dividends designated as such in accordance with Section 852(b)(3)(C) of the Internal Revenue Code and any amount designated under Section 852(b)(3)(D) of the Internal Revenue Code, attributable to the taxable year (this amendatory Act of 1995 (Public Act 89-89) is declarative of existing law and is not a new enactment); (D) The amount of any net operating loss deduction taken in arriving at taxable income, other than a net operating loss carried forward from a taxable year ending prior to December 31, 1986; (E) For taxable years in which a net operating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an element of taxable income under paragraph (1) of subsection (e) or subparagraph (E) of paragraph (2) of subsection (e), the amount by which addition modifications other than those provided by this subparagraph (E) exceeded subtraction modifications in such earlier taxable year, with the following limitations applied in the order that they are listed: (i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modification provided in this subparagraph (E) shall be the sum of the amounts computed independently under the preceding provisions of this subparagraph (E) for each such taxable year; and (E-5) For taxable years ending after December 31, 1997, an amount equal to any eligible remediation costs that the corporation deducted in computing adjusted gross income and for which the corporation claims a credit under subsection (l) of Section 201; and by deducting from the total so obtained the sum of the following amounts: (F) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (G) An amount equal to any amount included in such total under Section 78 of the Internal Revenue Code; (H) In the case of a regulated investment company, an amount equal to the amount of exempt interest dividends as defined in subsection (b) (5) of Section 852 of the Internal Revenue Code, paid to shareholders for the taxable year;
[April 7, 2000] 260 (I) With the exception of any amounts subtracted under subparagraph (J), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and 265(a)(2) and amounts disallowed as interest expense by Section 291(a)(3) of the Internal Revenue Code, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(a)(1) of the Internal Revenue Code, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999
261 [April 7, 2000] 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;
[April 7, 2000] 262 (3) Special rule. For purposes of paragraph (2) (A), "gross income" in the case of a life insurance company, for tax years ending on and after December 31, 1994, shall mean the gross investment income for the taxable year. (c) Trusts and estates. (1) In general. In the case of a trust or estate, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. Subject to the provisions of paragraph (3), the taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) In the case of (i) an estate, $600; (ii) a trust which, under its governing instrument, is required to distribute all of its income currently, $300; and (iii) any other trust, $100, but in each such case, only to the extent such amount was deducted in the computation of taxable income; (C) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income in the computation of taxable income for the taxable year; (D) The amount of any net operating loss deduction taken in arriving at taxable income, other than a net operating loss carried forward from a taxable year ending prior to December 31, 1986; (E) For taxable years in which a net operating loss carryback or carryforward from a taxable year ending prior to December 31, 1986 is an element of taxable income under paragraph (1) of subsection (e) or subparagraph (E) of paragraph (2) of subsection (e), the amount by which addition modifications other than those provided by this subparagraph (E) exceeded subtraction modifications in such taxable year, with the following limitations applied in the order that they are listed: (i) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall be reduced by the amount of addition modification under this subparagraph (E) which related to that net operating loss and which was taken into account in calculating the base income of an earlier taxable year, and (ii) the addition modification relating to the net operating loss carried back or forward to the taxable year from any taxable year ending prior to December 31, 1986 shall not exceed the amount of such carryback or carryforward; For taxable years in which there is a net operating loss carryback or carryforward from more than one other taxable year ending prior to December 31, 1986, the addition modification provided in this subparagraph (E) shall be the sum of the amounts computed independently under the preceding provisions of this subparagraph (E) for each such taxable year; (F) For taxable years ending on or after January 1, 1989, an amount equal to the tax deducted pursuant to Section 164 of the Internal Revenue Code if the trust or estate is claiming the same tax for purposes of the Illinois foreign tax credit under Section 601 of this Act; (G) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the extent deducted from gross income in the computation of taxable income; and (G-5) For taxable years ending after December 31, 1997,
263 [April 7, 2000] an amount equal to any eligible remediation costs that the trust or estate deducted in computing adjusted gross income and for which the trust or estate claims a credit under subsection (l) of Section 201; and by deducting from the total so obtained the sum of the following amounts: (H) An amount equal to all amounts included in such total pursuant to the provisions of Sections 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the Internal Revenue Code or included in such total as distributions under the provisions of any retirement or disability plan for employees of any governmental agency or unit, or retirement payments to retired partners, which payments are excluded in computing net earnings from self employment by Section 1402 of the Internal Revenue Code and regulations adopted pursuant thereto; (I) The valuation limitation amount; (J) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (K) An amount equal to all amounts included in taxable income as modified by subparagraphs (A), (B), (C), (D), (E), (F) and (G) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization; (L) With the exception of any amounts subtracted under subparagraph (K), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2) and 265(a)(2) of the Internal Revenue Code, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code of 1954, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999
[April 7, 2000] 264 of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim and (ii) items of income, to the extent includible in gross income for federal income tax purposes, attributable to, derived from or in any way related to assets stolen from, hidden from, or otherwise lost to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime immediately prior to, during, and immediately after World War II, including, but not limited to, interest on the proceeds receivable as insurance under policies issued to a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime by European insurance companies immediately prior to and during World War II; provided, however, this subtraction from federal adjusted gross income does not apply to assets acquired with such assets or with the proceeds from the sale of such assets; provided, further, this paragraph shall only apply to a taxpayer who was the first recipient of such assets after their recovery and who is a victim of persecution for racial or religious reasons by Nazi Germany or any other Axis regime or as an heir of the victim. The amount of and the eligibility for any public assistance, benefit, or similar entitlement is not affected by the inclusion of items (i) and (ii) of this paragraph in gross income for federal income tax purposes. This paragraph is exempt from the provisions of Section 250. (3) Limitation. The amount of any modification otherwise required under this subsection shall, under regulations prescribed by the Department, be adjusted by any amounts included therein which were properly paid, credited, or required to be distributed, or permanently set aside for charitable purposes pursuant to Internal Revenue Code Section 642(c) during the taxable year. (d) Partnerships. (1) In general. In the case of a partnership, base income means an amount equal to the taxpayer's taxable income for the taxable year as modified by paragraph (2). (2) Modifications. The taxable income referred to in paragraph (1) shall be modified by adding thereto the sum of the following amounts: (A) An amount equal to all amounts paid or accrued to the taxpayer as interest or dividends during the taxable year to the extent excluded from gross income in the computation of taxable income; (B) An amount equal to the amount of tax imposed by this Act to the extent deducted from gross income for the taxable year; (C) The amount of deductions allowed to the partnership pursuant to Section 707 (c) of the Internal Revenue Code in calculating its taxable income; and (D) An amount equal to the amount of the capital gain deduction allowable under the Internal Revenue Code, to the extent deducted from gross income in the computation of taxable income; and by deducting from the total so obtained the following amounts: (E) The valuation limitation amount; (F) An amount equal to the amount of any tax imposed by this Act which was refunded to the taxpayer and included in such total for the taxable year; (G) An amount equal to all amounts included in taxable income as modified by subparagraphs (A), (B), (C) and (D) which are exempt from taxation by this State either by reason of its statutes or Constitution or by reason of the Constitution, treaties or statutes of the United States; provided that, in the case of any statute of this State that exempts income derived from bonds or other obligations from the tax imposed under this Act, the amount exempted shall be the interest net of bond premium amortization;
265 [April 7, 2000] (H) Any income of the partnership which constitutes personal service income as defined in Section 1348 (b) (1) of the Internal Revenue Code (as in effect December 31, 1981) or a reasonable allowance for compensation paid or accrued for services rendered by partners to the partnership, whichever is greater; (I) An amount equal to all amounts of income distributable to an entity subject to the Personal Property Tax Replacement Income Tax imposed by subsections (c) and (d) of Section 201 of this Act including amounts distributable to organizations exempt from federal income tax by reason of Section 501(a) of the Internal Revenue Code; (J) With the exception of any amounts subtracted under subparagraph (G), an amount equal to the sum of all amounts disallowed as deductions by (i) Sections 171(a) (2), and 265(2) of the Internal Revenue Code of 1954, as now or hereafter amended, and all amounts of expenses allocable to interest and disallowed as deductions by Section 265(1) of the Internal Revenue Code, as now or hereafter amended; and (ii) for taxable years ending on or after August 13, 1999
[April 7, 2000] 266 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 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
267 [April 7, 2000] 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. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770, eff. 8-14-98; 91-192, eff. 7-20-99; 91-205, eff. 7-20-99; 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, eff. 12-23-99; revised 1-5-00.) (35 ILCS 5/405) Sec. 405. Carryovers in certain acquisitions. (a) In the case of the acquisition of assets of a corporation by another corporation described in Section 381(a) of the Internal Revenue Code, the acquiring corporation shall succeed to and take into account, as of the close of the day of distribution or transfer, all Article 2 credits and net losses under Section 207 of the corporation from which the assets were
[April 7, 2000] 268 is considered to be a continuation of the partnership from which the assets were acquired under the provisions of Section 708 of the Internal Revenue Code and any regulations promulgated under that Section, the acquiring partnership shall succeed to and take into account, as of the close of the day of distribution or transfer, all Article 2 credits and net losses under Section 207 of the partnership from which the assets were acquired. (b-5) No limitation under Section 382 of the Internal Revenue Code or the separate return limitation year regulations promulgated under Section 1502 of the Internal Revenue Code shall apply to the carryover of any Article 2 credit or net loss allowable under Section 207. (c) The provisions of this amendatory Act of the 91st General Assembly shall apply to all acquisitions occurring in taxable years ending on or after December 31, 1986; provided that if a taxpayer's Illinois income tax liability for any taxable year, as assessed under Section 903 prior to January 1, 1999, was computed without taking into account all of the Article 2 credits and net losses under Section 207 as allowed by this Section: (1) no refund shall be payable to the taxpayer for that taxable year as the result of allowing any portion of the Article 2 credits or net losses under Section 207 that were not taken into account in computing the tax assessed prior to January 1, 1999; (2) any deficiency which has not been paid may be reduced (but not below zero) by the allowance of some or all of the Article 2 credits or net losses under Section 207 that were not taken into account in computing the tax assessed prior to January 1, 1999; and (3) in the case of any Article 2 credit or net loss under Section 207 that, pursuant to this subsection (c), could not be taken into account either in computing the tax assessed prior to January 1, 1999 for a taxable year or in reducing a deficiency for that taxable year under paragraph (2) of subsection (c), the allowance of such credit or loss in any other taxable year shall not be denied on the grounds that such credit or loss should properly have been claimed in that taxable year under subsection (a) or (b). (Source: P.A. 91-541, eff. 8-13-99.) (35 ILCS 5/803) (from Ch. 120, par. 8-803) Sec. 803. Payment of Estimated Tax. (a) Every taxpayer other than an estate, trust, partnership, Subchapter S corporation or farmer is required to pay estimated tax for the taxable year, in such amount and with such forms as the Department shall prescribe, if the amount payable as estimated tax can reasonably be expected to be more than (i) $250 for taxable years ending before December 31, 2001 and $500 for taxable years ending on or after December 31, 2001 or (ii) $400 for corporations. (b) Estimated tax defined. The term "estimated tax" means the excess of: (1) The amount which the taxpayer estimates to be his tax under this Act for the taxable year, over (2) The amount which he estimates to be the sum of any amounts to be withheld on account of or credited against such tax. (c) Joint payment. If they are eligible to do so for federal tax purposes, a husband and wife may pay estimated tax as if they were one taxpayer, in which case the liability with respect to the estimated tax shall be joint and several. If a joint payment is made but the husband and wife elect to determine their taxes under this Act separately, the estimated tax for such year may be treated as the estimated tax of either husband or wife, or may be divided between them, as they may elect. (d) There shall be paid 4 equal installments of estimated tax for each taxable year, payable as follows: Required Installment: Due Date: 1st April 15 2nd June 15 3rd September 15 4th Individuals: January 15 of the
269 [April 7, 2000] following taxable year Corporations: December 15 (e) Farmers. An individual, having gross income from farming for the taxable year which is at least 2/3 of his total estimated gross income for such year. (f) Application to short taxable years. The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Department. (g) Fiscal years. In the application of this section to the case of a taxable year beginning on any date other than January 1, there shall be substituted, for the months specified in subsections (d) and (e), the months which correspond thereto. (h) Installments paid in advance. Any installment of estimated tax may be paid before the date prescribed for its payment. The changes in this Section made by this amendatory Act of 1985 shall apply to taxable years ending on or after January 1, 1986. (Source: P.A. 86-678.) (35 ILCS 5/1501) (from Ch. 120, par. 15-1501) Sec. 1501. Definitions. (a) In general. When used in this Act, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof: (1) Business income. The term "business income" means income arising from transactions and activity in the regular course of the taxpayer's trade or business, net of the deductions allocable thereto, and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. Such term does not include compensation or the deductions allocable thereto. (2) Commercial domicile. The term "commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed. (3) Compensation. The term "compensation" means wages, salaries, commissions and any other form of remuneration paid to employees for personal services. (4) Corporation. The term "corporation" includes associations, joint-stock companies, insurance companies and cooperatives. Any entity, including a limited liability company formed under the Illinois Limited Liability Company Act, shall be treated as a corporation if it is so classified for federal income tax purposes. (5) Department. The term "Department" means the Department of Revenue of this State. (6) Director. The term "Director" means the Director of Revenue of this State. (7) Fiduciary. The term "fiduciary" means a guardian, trustee, executor, administrator, receiver, or any person acting in any fiduciary capacity for any person. (8) Financial organization. (A) The term "financial organization" means any bank, bank holding company, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, building and loan association, credit union, currency exchange, cooperative bank, small loan company, sales finance company, investment company, or any person which is owned by a bank or bank holding company. For the purpose of this Section a "person" will include only those persons which a bank holding company may acquire and hold an interest in, directly or indirectly, under the provisions of the Bank Holding Company Act of 1956 (12 U.S.C. 1841, et seq.), except where interests in any person must be disposed of within certain required time limits under the Bank Holding Company Act of 1956. (B) For purposes of subparagraph (A) of this paragraph, the term "bank" includes (i) any entity that is regulated by
[April 7, 2000] 270 the Comptroller of the Currency under the National Bank Act, or by the Federal Reserve Board, or by the Federal Deposit Insurance Corporation and (ii) any federally or State chartered bank operating as a credit card bank. (C) For purposes of subparagraph (A) of this paragraph, the term "sales finance company" has the meaning provided in the following item (i) or (ii): (i) A person primarily engaged in one or more of the following businesses: the business of purchasing customer receivables, the business of making loans upon the security of customer receivables, the business of making loans for the express purpose of funding purchases of tangible personal property or services by the borrower, or the business of finance leasing. For purposes of this item (i), "customer receivable" means: (a) a retail installment contract or retail charge agreement within the meaning of the Sales Finance Agency Act, the Retail Installment Sales Act, or the Motor Vehicle Retail Installment Sales Act; (b) an installment, charge, credit, or similar contract or agreement arising from the sale of tangible personal property or services in a transaction involving a deferred payment price payable in one or more installments subsequent to the sale; or (c) the outstanding balance of a contract or agreement described in provisions (a) or (b) of this item (i). A customer receivable need not provide for payment of interest on deferred payments. A sales finance company may purchase a customer receivable from, or make a loan secured by a customer receivable to, the seller in the original transaction or to a person who purchased the customer receivable directly or indirectly from that seller. (ii) A corporation meeting each of the following criteria: (a) the corporation must be a member of an "affiliated group" within the meaning of Section 1504(a) of the Internal Revenue Code, determined without regard to Section 1504(b) of the Internal Revenue Code; (b) more than 50% of the gross income of the corporation for the taxable year must be interest income derived from qualifying loans. A "qualifying loan" is a loan made to a member of the corporation's affiliated group that originates customer receivables (within the meaning of item (i)) or to whom customer receivables originated by a member of the affiliated group have been transferred, to the extent the average outstanding balance of loans from that corporation to members of its affiliated group during the taxable year do not exceed the limitation amount for that corporation. The "limitation amount" for a corporation is the average outstanding balances during the taxable year of customer receivables (within the meaning of item (i)) originated by all members of the affiliated group. If the average outstanding balances of the loans made by a corporation to members of its affiliated group exceed the limitation amount, the interest income of that corporation from qualifying loans shall be equal to its interest income from loans to members of its affiliated groups times a fraction equal to the limitation amount divided by the average outstanding balances of the loans made by that corporation to members of its affiliated group; (c) the total of all shareholder's equity (including, without limitation, paid-in capital on common and preferred stock and retained earnings) of the corporation plus the total of all of its loans, advances,
271 [April 7, 2000] and other obligations payable or owed to members of its affiliated group may not exceed 20% of the total assets of the corporation at any time during the tax year; and (d) more than 50% of all interest-bearing obligations of the affiliated group payable to persons outside the group determined in accordance with generally accepted accounting principles must be obligations of the corporation. This amendatory Act of the 91st General Assembly is declaratory of existing law. (D) Subparagraphs (B) and (C) of this paragraph are declaratory of existing law and apply retroactively, for all tax years beginning on or before December 31, 1996, to all original returns, to all amended returns filed no later than 30 days after the effective date of this amendatory Act of 1996, and to all notices issued on or before the effective date of this amendatory Act of 1996 under subsection (a) of Section 903, subsection (a) of Section 904, subsection (e) of Section 909, or Section 912. A taxpayer that is a "financial organization" that engages in any transaction with an affiliate shall be a "financial organization" for all purposes of this Act. (E) For all tax years beginning on or before December 31, 1996, a taxpayer that falls within the definition of a "financial organization" under subparagraphs (B) or (C) of this paragraph, but who does not fall within the definition of a "financial organization" under the Proposed Regulations issued by the Department of Revenue on July 19, 1996, may irrevocably elect to apply the Proposed Regulations for all of those years as though the Proposed Regulations had been lawfully promulgated, adopted, and in effect for all of those years. For purposes of applying subparagraphs (B) or (C) of this paragraph to all of those years, the election allowed by this subparagraph applies only to the taxpayer making the election and to those members of the taxpayer's unitary business group who are ordinarily required to apportion business income under the same subsection of Section 304 of this Act as the taxpayer making the election. No election allowed by this subparagraph shall be made under a claim filed under subsection (d) of Section 909 more than 30 days after the effective date of this amendatory Act of 1996. (F) Finance Leases. For purposes of this subsection, a finance lease shall be treated as a loan or other extension of credit, rather than as a lease, regardless of how the transaction is characterized for any other purpose, including the purposes of any regulatory agency to which the lessor is subject. A finance lease is any transaction in the form of a lease in which the lessee is treated as the owner of the leased asset entitled to any deduction for depreciation allowed under Section 167 of the Internal Revenue Code. (9) Fiscal year. The term "fiscal year" means an accounting period of 12 months ending on the last day of any month other than December. (10) Includes and including. The terms "includes" and "including" when used in a definition contained in this Act shall not be deemed to exclude other things otherwise within the meaning of the term defined. (11) Internal Revenue Code. The term "Internal Revenue Code" means the United States Internal Revenue Code of 1954 or any successor law or laws relating to federal income taxes in effect for the taxable year. (12) Mathematical error. The term "mathematical error" includes the following types of errors, omissions, or defects in a return filed by a taxpayer which prevents acceptance of the return as filed for processing: (A) arithmetic errors or incorrect computations on the
[April 7, 2000] 272 return or supporting schedules; (B) entries on the wrong lines; (C) omission of required supporting forms or schedules or the omission of the information in whole or in part called for thereon; and (D) an attempt to claim, exclude, deduct, or improperly report, in a manner directly contrary to the provisions of the Act and regulations thereunder any item of income, exemption, deduction, or credit. (13) Nonbusiness income. The term "nonbusiness income" means all income other than business income or compensation. (14) Nonresident. The term "nonresident" means a person who is not a resident. (15) Paid, incurred and accrued. The terms "paid", "incurred" and "accrued" shall be construed according to the method of accounting upon the basis of which the person's base income is computed under this Act. (16) Partnership and partner. The term "partnership" includes a syndicate, group, pool, joint venture or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this Act, a trust or estate or a corporation; and the term "partner" includes a member in such syndicate, group, pool, joint venture or organization. The term "partnership" includes any entity, including a limited liability company formed under the Illinois Limited Liability Company Act,
273 [April 7, 2000] death was domiciled in this State; and (D) An irrevocable trust, the grantor of which was domiciled in this State at the time such trust became irrevocable. For purpose of this subparagraph, a trust shall be considered irrevocable to the extent that the grantor is not treated as the owner thereof under Sections 671 through 678 of the Internal Revenue Code. (21) Sales. The term "sales" means all gross receipts of the taxpayer not allocated under Sections 301, 302 and 303. (22) State. The term "state" when applied to a jurisdiction other than this State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any Territory or Possession of the United States, and any foreign country, or any political subdivision of any of the foregoing. For purposes of the foreign tax credit under Section 601, the term "state" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, or any political subdivision of any of the foregoing, effective for tax years ending on or after December 31, 1989. (23) Taxable year. The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the base income is computed under this Act. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of this Act, the period for which such return is made. (24) Taxpayer. The term "taxpayer" means any person subject to the tax imposed by this Act. (25) International banking facility. The term international banking facility shall have the same meaning as is set forth in the Illinois Banking Act or as is set forth in the laws of the United States or regulations of the Board of Governors of the Federal Reserve System. (26) Income Tax Return Preparer. (A) The term "income tax return preparer" means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any return of tax imposed by this Act or any claim for refund of tax imposed by this Act. The preparation of a substantial portion of a return or claim for refund shall be treated as the preparation of that return or claim for refund. (B) A person is not an income tax return preparer if all he or she does is (i) furnish typing, reproducing, or other mechanical assistance; (ii) prepare returns or claims for refunds for the employer by whom he or she is regularly and continuously employed; (iii) prepare as a fiduciary returns or claims for refunds for any person; or (iv) prepare claims for refunds for a taxpayer in response to any notice of deficiency issued to that taxpayer or in response to any waiver of restriction after the commencement of an audit of that taxpayer or of another taxpayer if a determination in the audit of the other taxpayer directly or indirectly affects the tax liability of the taxpayer whose claims he or she is preparing. (27) Unitary business group. The term "unitary business group" means a group of persons related through common ownership whose business activities are integrated with, dependent upon and contribute to each other. The group will not include those members whose business activity outside the United States is 80% or more of any such member's total business activity; for purposes of this paragraph and clause (a) (3) (B) (ii) of Section 304, business activity within the United States shall be measured by means of the
[April 7, 2000] 274 factors ordinarily applicable under subsections (a), (b), (c), (d), or (h) of Section 304 except that, in the case of members ordinarily required to apportion business income by means of the 3 factor formula of property, payroll and sales specified in subsection (a) of Section 304, including the formula as weighted in subsection (h) of Section 304, such members shall not use the sales factor in the computation and the results of the property and payroll factor computations of subsection (a) of Section 304 shall be divided by 2 (by one if either the property or payroll factor has a denominator of zero). The computation required by the preceding sentence shall, in each case, involve the division of the member's property, payroll, or revenue miles in the United States, insurance premiums on property or risk in the United States, or financial organization business income from sources within the United States, as the case may be, by the respective worldwide figures for such items. Common ownership in the case of corporations is the direct or indirect control or ownership of more than 50% of the outstanding voting stock of the persons carrying on unitary business activity. Unitary business activity can ordinarily be illustrated where the activities of the members are: (1) in the same general line (such as manufacturing, wholesaling, retailing of tangible personal property, insurance, transportation or finance); or (2) are steps in a vertically structured enterprise or process (such as the steps involved in the production of natural resources, which might include exploration, mining, refining, and marketing); and, in either instance, the members are functionally integrated through the exercise of strong centralized management (where, for example, authority over such matters as purchasing, financing, tax compliance, product line, personnel, marketing and capital investment is not left to each member). In no event, however, will any unitary business group include members which are ordinarily required to apportion business income under different subsections of Section 304 except that for tax years ending on or after December 31, 1987 this prohibition shall not apply to a unitary business group composed of one or more taxpayers all of which apportion business income pursuant to subsection (b) of Section 304, or all of which apportion business income pursuant to subsection (d) of Section 304, and a holding company of such single-factor taxpayers (see definition of "financial organization" for rule regarding holding companies of financial organizations). If a unitary business group would, but for the preceding sentence, include members that are ordinarily required to apportion business income under different subsections of Section 304, then for each subsection of Section 304 for which there are two or more members, there shall be a separate unitary business group composed of such members. For purposes of the preceding two sentences, a member is "ordinarily required to apportion business income" under a particular subsection of Section 304 if it would be required to use the apportionment method prescribed by such subsection except for the fact that it derives business income solely from Illinois. If the unitary business group members' accounting periods differ, the common parent's accounting period or, if there is no common parent, the accounting period of the member that is expected to have, on a recurring basis, the greatest Illinois income tax liability must be used to determine whether to use the apportionment method provided in subsection (a) or subsection (h) of Section 304. The prohibition against membership in a unitary business group for taxpayers ordinarily required to apportion income under different subsections of Section 304 does not apply to taxpayers required to apportion income under subsection (a) and subsection (h) of Section 304. The provisions of this amendatory Act of 1998 apply to tax years ending on or after December 31, 1998. (28) Subchapter S corporation. The term "Subchapter S corporation" means a corporation for which there is in effect an election under Section 1362 of the Internal Revenue Code, or for which there is a federal election to opt out of the provisions of
275 [April 7, 2000] the Subchapter S Revision Act of 1982 and have applied instead the prior federal Subchapter S rules as in effect on July 1, 1982. (b) Other definitions. (1) Words denoting number, gender, and so forth, when used in this Act, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof: (A) Words importing the singular include and apply to several persons, parties or things; (B) Words importing the plural include the singular; and (C) Words importing the masculine gender include the feminine as well. (2) "Company" or "association" as including successors and assigns. The word "company" or "association", when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association", and in like manner as if these last-named words, or words of similar import, were expressed. (3) Other terms. Any term used in any Section of this Act with respect to the application of, or in connection with, the provisions of any other Section of this Act shall have the same meaning as in such other Section. (Source: P.A. 90-613, eff. 7-9-98; 91-535, eff. 1-1-00) Section 10. The Use Tax Act is amended by changing Sections 3-5, 9, 10, and 22 as follows: (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (4) Personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department. (5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the Replacement Vehicle Tax. (6) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order, certified by the purchaser to be used primarily for graphic arts production, and including machinery and equipment
[April 7, 2000] 276 purchased for lease. (7) Farm chemicals. (8) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (9) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act. (11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (11). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (11) is exempt from the provisions of Section 3-90. (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (13) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages purchased at retail from a retailer, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (14) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration,
277 [April 7, 2000] drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (17) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property. (20) Semen used for artificial insemination of livestock for direct agricultural production. (21) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (23) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or used in any other
[April 7, 2000] 278 non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (24) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (25) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-90. (27)
279 [April 7, 2000] (29)
[April 7, 2000] 280 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of
281 [April 7, 2000] If the month during which such tax liability is incurred begins on or after January 1, 1985, and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987, and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. If any such payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the
[April 7, 2000] 282 Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if
283 [April 7, 2000] amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of the Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft and aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the date of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption
[April 7, 2000] 284 determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Where a retailer collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the retailer refunds the selling price thereof to the purchaser, such retailer shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the retailer may deduct the amount of the tax so refunded by him to the purchaser from any other use tax which such retailer may be required to pay or remit to the Department, as shown by such return, if the amount of the tax to be deducted was previously remitted to the Department by such retailer. If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no deduction under this Act upon refunding such tax to the purchaser. Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property purchased by him at retail from a retailer, but as to which the tax imposed by this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the retailer has more than one business registered with the Department under separate registration under this Act, such retailer may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency
285 [April 7, 2000] of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the
[April 7, 2000] 286 Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund .4% of the net revenue realized for the preceding month from the 5% general rate, or .4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25%
287 [April 7, 2000] shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.) (35 ILCS 105/10) (from Ch. 120, par. 439.10) Sec. 10. Except as to motor vehicles,
[April 7, 2000] 288 vehicle, aircraft, watercraft, or trailer for the purpose of resale or (ii) a purchaser of motor vehicles, aircraft, watercraft, or trailers purchases more than one motor vehicle, aircraft, watercraft, or trailer for use as qualifying rolling stock as provided in Section 3-55 of this Act, then the purchaser may report the purchase of all motor vehicles, aircraft, watercraft, or trailers involved in that transaction to the Department on a single return prescribed by the Department. Such return in the case of motor vehicles and aircraft must show the name and address of the seller, the name, address of purchaser, the amount of the selling price including the amount allowed by the retailer for traded in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the purchaser with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such return shall be filed not later than 30 days after such motor vehicle or aircraft is brought into this State for use. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. The return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such return, the purchaser shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. When a purchaser pays a tax imposed by this Act directly to the Department, the Department (upon request therefor from such purchaser) shall issue an appropriate receipt to such purchaser showing that he has paid such tax to the Department. Such receipt shall be sufficient to relieve the purchaser from further liability for the tax to which such receipt may refer. A user who is liable to pay use tax directly to the Department only occasionally and not on a frequently recurring basis, and who is not required to file returns with the Department as a retailer under Section 9 of this Act, or under the "Retailers' Occupation Tax Act", or as a registrant with the Department under the "Service Occupation Tax Act" or the "Service Use Tax Act", need not register with the Department. However, if such a user has a frequently recurring direct use tax liability to pay to the Department, such user shall be required to register with the Department on forms prescribed by the Department and to obtain and display a certificate of registration from the Department. In that event, all of the provisions of Section 9 of this Act concerning the filing of regular monthly, quarterly or annual tax returns and all of the provisions of Section 2a of the "Retailers' Occupation Tax Act" concerning the requirements for registrants to post bond or other security with the Department, as the provisions of such
289 [April 7, 2000] sections now exist or may hereafter be amended, shall apply to such users to the same extent as if such provisions were included herein. (Source: P.A. 91-541, eff. 8-13-99.) (35 ILCS 105/22) (from Ch. 120, par. 439.22) Sec. 22. If it is determined that the Department should issue a credit or refund under this Act, the Department may first apply the amount thereof against any amount of tax or penalty or interest due hereunder, or under the
[April 7, 2000] 290 Section 15. The Service Use Tax Act is amended by changing Section 20 as follows: (35 ILCS 110/20) (from Ch. 120, par. 439.50) Sec. 20. If it is determined that the Department should issue a credit or refund hereunder, the Department may first apply the amount thereof against any amount of tax or penalty or interest due hereunder, or under the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Use Tax Act, any local occupation or use tax administered by the Department
291 [April 7, 2000] within 3 years from the making of that refund, or within 5 years from the making of that refund if it appears that any part of the refund was induced by fraud or the misrepresentation of a material fact. The amount of any proposed assessment set forth in the notice shall be limited to the amount of the erroneous refund. (Source: P.A. 87-876.) Section 20. The Service Occupation Tax Act is amended by changing Section 20 as follows: (35 ILCS 115/20) (from Ch. 120, par. 439.120) Sec. 20. If it is determined that the Department should issue a credit or refund hereunder, the Department may first apply the amount thereof against any amount of tax or penalty or interest due hereunder, or under the Service Use Tax Act, the Retailers' Occupation Tax Act, the Use Tax Act, any local occupation or use tax administered by the Department
[April 7, 2000] 292 of 1985, subsections (b), (c) and (d) of Section 5.01 of the Local Mass Transit District Act, or subsections (e), (f) and (g) of Section 4.03 of the Regional Transportation Authority Act, from the assignee. In any case in which there has been an erroneous refund of tax payable under this Act, a notice of tax liability may be issued at any time within 3 years from the making of that refund, or within 5 years from the making of that refund if it appears that any part of the refund was induced by fraud or the misrepresentation of a material fact. The amount of any proposed assessment set forth in the notice shall be limited to the amount of the erroneous refund. (Source: P.A. 87-876.) Section 25. The Retailers' Occupation Tax Act is amended by changing Sections 3, 5k, and 6 as follows: (35 ILCS 120/3) (from Ch. 120, par. 442) Sec. 3. Except as provided in this Section, on or before the twentieth day of each calendar month, every person engaged in the business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the preceding calendar month or quarter, as the case may be, from sales of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed; 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which
293 [April 7, 2000] he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability
[April 7, 2000] 294 with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if
295 [April 7, 2000] amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president,
[April 7, 2000] 296 secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that
297 [April 7, 2000] month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall
[April 7, 2000] 298 continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount
299 [April 7, 2000] 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000
[April 7, 2000] 300 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified
301 [April 7, 2000] in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the retailer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the retailer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The retailer's annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the retailer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such retailer as provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event
[April 7, 2000] 302 with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and similar exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.) (35 ILCS 120/5k) (from Ch. 120, par. 444k) Sec. 5k. Each retailer in Illinois
303 [April 7, 2000] procedures provided for in this Act. If it is determined that the Department should issue a credit memorandum or refund, the Department may first apply the amount thereof against any tax or penalty or interest due or to become due under this Act or under the Use Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, any local occupation or use tax administered by the Department
[April 7, 2000] 304 exists whereby he or she or his or her legal representative may be relieved of the burden of such amount, be reimbursed therefor or may shift the burden thereof; or (b) that he or she or his or her legal representative has repaid unconditionally such amount to his or her vendee (1) who bore the burden thereof and has not shifted such burden directly or indirectly, in any manner whatsoever; (2) who, if he or she has shifted such burden, has repaid unconditionally such amount to his own vendee; and (3) who is not entitled to receive any reimbursement therefor from any other source than from his or her vendor, nor to be relieved of such burden in any manner whatsoever. No credit may be allowed or refund made for any amount paid by or collected from any claimant unless it appears that the claimant has unconditionally repaid, to the purchaser, any amount collected from the purchaser and retained by the claimant with respect to the same transaction under the Use Tax Act. Any credit or refund that is allowed under this Section shall bear interest at the rate and in the manner specified in the Uniform Penalty and Interest Act. In case the Department determines that the claimant is entitled to a refund, such refund shall be made only from such appropriation as may be available for that purpose. If it appears unlikely that the amount appropriated would permit everyone having a claim allowed during the period covered by such appropriation to elect to receive a cash refund, the Department, by rule or regulation, shall provide for the payment of refunds in hardship cases and shall define what types of cases qualify as hardship cases. If a retailer who has failed to pay retailers' occupation tax on gross receipts from retail sales is required by the Department to pay such tax, such retailer, without filing any formal claim with the Department, shall be allowed to take credit against such retailers' occupation tax liability to the extent, if any, to which such retailer has paid an amount equivalent to retailers' occupation tax or has paid use tax in error to his or her vendor or vendors of the same tangible personal property which such retailer bought for resale and did not first use before selling it, and no penalty or interest shall be charged to such retailer on the amount of such credit. However, when such credit is allowed to the retailer by the Department, the vendor is precluded from refunding any of that tax to the retailer and filing a claim for credit or refund with respect thereto with the Department. The provisions of this amendatory Act shall be applied retroactively, regardless of the date of the transaction. (Source: P.A. 89-359, eff. 8-17-95.) Section 30. The Cigarette Tax Act is amended by changing Sections 4 and 6 as follows: (35 ILCS 130/4) (from Ch. 120, par. 453.4) Sec. 4. Distributor's license. No person may engage in business as a distributor of cigarettes in this State within the meaning of the first 2 definitions of distributor in Section 1 of this Act without first having obtained a license therefor from the Department. Application for license shall be made to the Department in form as furnished and prescribed by the Department. Each applicant for a license under this Section shall furnish to the Department on the form signed and verified by the applicant the following information: (a) The name and address of the applicant; (b) The address of the location at which the applicant proposes to engage in business as a distributor of cigarettes in this State; (c) Such other additional information as the Department may lawfully require by its rules and regulations. The annual license fee payable to the Department for each distributor's license shall be $250. The purpose of such annual license fee is to defray the cost, to the Department, of coding, serializing or coding and serializing cigarette tax stamps. Each applicant for license shall pay such fee to the Department at the time of submitting his application for license to the Department. Every applicant who is required to procure a distributor's license shall file with his application a joint and several bond. Such bond
305 [April 7, 2000] shall be executed to the Department of Revenue, with good and sufficient surety or sureties residing or licensed to do business within the State of Illinois, in the amount of $2,500, conditioned upon the true and faithful compliance by the licensee with all of the provisions of this Act. Such bond, or a reissue thereof, or a substitute therefor, shall be kept in effect during the entire period covered by the license. A separate application for license shall be made, a separate annual license fee paid, and a separate bond filed, for each place of business at which a person who is required to procure a distributor's license under this Section proposes to engage in business as a distributor in Illinois under this Act. The following are ineligible to receive a distributor's license under this Act: (1) a person who is not of good character and reputation in the community in which he resides; (2) a person who has been convicted of a felony under any Federal or State law, if the Department, after investigation and a hearing, if requested by the applicant, determines that such person has not been sufficiently rehabilitated to warrant the public trust; (3) a corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license under this Act for any reason. The Department, upon receipt of an application, license fee and bond in proper form, from a person who is eligible to receive a distributor's license under this Act, shall issue to such applicant a license in form as prescribed by the Department, which license shall permit the applicant to which it is issued to engage in business as a distributor at the place shown in his application. All licenses issued by the Department under this Act shall be valid for not to exceed one year after issuance unless sooner revoked, canceled or suspended as provided in this Act. No license issued under this Act is transferable or assignable. Such license shall be conspicuously displayed in the place of business conducted by the licensee in Illinois under such license. Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice to the person requesting the hearing of the time and place fixed for the hearing and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to that person. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. (Source: P.A. 78-255.) (35 ILCS 130/6) (from Ch. 120, par. 453.6) Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor for the violation of any provision of this Act, or for noncompliance with any provision herein contained, or for any noncompliance with any lawful rule or regulation promulgated by the Department under Section 8 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act. However, no such license shall be revoked, cancelled or suspended, except after a hearing by the Department with notice to the distributor, as aforesaid, and affording such distributor a reasonable opportunity to appear and defend, and any distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided.
[April 7, 2000] 306 Department shall give notice in writing to the distributor requesting the hearing that contains a statement of the charges preferred against the distributor and that states the time and place fixed for the hearing. The Department shall hold the hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to the distributor. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. No license so revoked, as aforesaid, shall be reissued to any such distributor within a period of 6 months after the date of the final determination of such revocation. No such license shall be reissued at all so long as the person who would receive the license is ineligible to receive a distributor's license under this Act for any one or more of the reasons provided for in Section 4 of this Act. The Department upon complaint filed in the circuit court may by injunction restrain any person who fails, or refuses, to comply with any of the provisions of this Act from acting as a distributor of cigarettes in this State. (Source: P.A. 79-1365; 79-1366.) Section 35. The Cigarette Use Tax Act is amended by changing Sections 4 and 6 as follows: (35 ILCS 135/4) (from Ch. 120, par. 453.34) Sec. 4. Distributor's license. A distributor maintaining a place of business in this State, if required to procure a license or allowed to obtain a permit as a distributor under the Cigarette Tax Act, need not obtain an additional license or permit under this Act, but shall be deemed to be sufficiently licensed or registered by virtue of his being licensed or registered under the Cigarette Tax Act. Every distributor maintaining a place of business in this State, if not required to procure a license or allowed to obtain a permit as a distributor under the Cigarette Tax Act, shall make a verified application to the Department (upon a form prescribed and furnished by the Department) for a license to act as a distributor under this Act. In completing such application, the applicant shall furnish such information as the Department may reasonably require. The annual license fee payable to the Department for each distributor's license shall be $250. The purpose of such annual license fee is to defray the cost, to the Department, of coding, serializing or coding and serializing cigarette tax stamps. The applicant for license shall pay such fee to the Department at the time of submitting the application for license to the Department. Such applicant shall file, with his application, a joint and several bond. Such bond shall be executed to the Department of Revenue, with good and sufficient surety or sureties residing or licensed to do business within the State of Illinois, in the amount of $2,500, conditioned upon the true and faithful compliance by the licensee with all of the provisions of this Act. Such bond, or a reissue thereof, or a substitute therefor, shall be kept in effect during the entire period covered by the license. A separate application for license shall be made, a separate annual license fee paid, and a separate bond filed, for each place of business at or from which the applicant proposes to act as a distributor under this Act and for which the applicant is not required to procure a license or allowed to obtain a permit as a distributor under the Cigarette Tax Act. The following are ineligible to receive a distributor's license under this Act: (1) a person who is not of good character and reputation in the community in which he resides; (2) a person who has been convicted of a felony under any Federal or State law, if the Department, after investigation and a hearing, if requested by the applicant, determines that such person has not been sufficiently rehabilitated to warrant the public trust; (3) a corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a
307 [April 7, 2000] license hereunder for any reason. Upon approval of such application and bond and payment of the required annual license fee, the Department shall issue a license to the applicant. Such license shall permit the applicant to engage in business as a distributor at or from the place shown in his application. All licenses issued by the Department under this Act shall be valid for not to exceed one year after issuance unless sooner revoked, canceled or suspended as in this Act provided. No license issued under this Act is transferable or assignable. Such license shall be conspicuously displayed at the place of business for which it is issued. Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice to the person requesting the hearing of the time and place fixed for the hearing and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to that person. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. (Source: P.A. 78-255.) (35 ILCS 135/6) (from Ch. 120, par. 453.36) Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor for the violation of any provision of this Act, or for non-compliance with any provision herein contained, or for any non-compliance with any lawful rule or regulation promulgated by the Department under Section 21 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act. However, no such license shall be revoked, canceled or suspended, except after a hearing by the Department with notice to the distributor, as aforesaid, and affording such distributor a reasonable opportunity to appear and defend, and any distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided.
[April 7, 2000] 308 (a) It is hereby declared to be the policy of this State to encourage the development of alternate energy production facilities in order to conserve our energy resources and to provide for their most efficient use. (b) For the purpose of this Section and Section 9-215.1, "qualified solid waste energy facility" means a facility determined by the Illinois Commerce Commission to qualify as such under the Local Solid Waste Disposal Act, to use methane gas generated from landfills as its primary fuel, and to possess characteristics that would enable it to qualify as a cogeneration or small power production facility under federal law. (c) In furtherance of the policy declared in this Section, the Illinois Commerce Commission shall require electric utilities to enter into long-term contracts to purchase electricity from qualified solid waste energy facilities located in the electric utility's service area, for a period beginning on the date that the facility begins generating electricity and having a duration of not less than 10 years in the case of facilities fueled by landfill-generated methane, or 20 years in the case of facilities fueled by methane generated from a landfill owned by a forest preserve district. The purchase rate contained in such contracts shall be equal to the average amount per kilowatt-hour paid from time to time by the unit or units of local government in which the electricity generating facilities are located, excluding amounts paid for street lighting and pumping service. (d) Whenever a public utility is required to purchase electricity pursuant to subsection (c) above, it shall be entitled to credits in respect of its obligations to remit to the State taxes it has collected under the Electricity Excise Tax Law equal to the amounts, if any, by which payments for such electricity exceed (i) the then current rate at which the utility must purchase the output of qualified facilities pursuant to the federal Public Utility Regulatory Policies Act of 1978, less (ii) any costs, expenses, losses, damages or other amounts incurred by the utility, or for which it becomes liable, arising out of its failure to obtain such electricity from such other sources. The amount of any such credit shall, in the first instance, be determined by the utility, which shall make a monthly report of such credits to the Illinois Commerce Commission and, on its monthly tax return, to the Illinois Department of Revenue. Under no circumstances shall a utility be required to purchase electricity from a qualified solid waste energy facility at the rate prescribed in subsection (c) of this Section if such purchase would result in estimated tax credits that exceed, on a monthly basis, the utility's estimated obligation to remit to the State taxes it has collected under the Electricity Excise Tax Law. The owner or operator shall negotiate facility operating conditions with the purchasing utility in accordance with that utility's posted standard terms and conditions for small power producers. If the Department of Revenue disputes the amount of any such credit, such dispute shall be decided by the Illinois Commerce Commission. Whenever a qualified solid waste energy facility has paid or otherwise satisfied in full the capital costs or indebtedness incurred in developing and implementing the qualified facility, the qualified facility shall reimburse the Public Utility Fund and the General Revenue Fund in the State treasury for the actual reduction in payments to those Funds caused by this subsection (d) in a manner to be determined by the Illinois Commerce Commission and based on the manner in which revenues for those Funds were reduced. (e) The Illinois Commerce Commission shall not require an electric utility to purchase electricity from any qualified solid waste energy facility which is owned or operated by an entity that is primarily engaged in the business of producing or selling electricity, gas, or useful thermal energy from a source other than one or more qualified solid waste energy facilities. (f) This Section does not require an electric utility to construct additional facilities unless those facilities are paid for by the owner or operator of the affected qualified solid waste energy facility. (g) The Illinois Commerce Commission shall require that: (1)
309 [April 7, 2000] electric utilities use the electricity purchased from a qualified solid waste energy facility to displace electricity generated from nuclear power or coal mined and purchased outside the boundaries of the State of Illinois before displacing electricity generated from coal mined and purchased within the State of Illinois, to the extent possible, and (2) electric utilities report annually to the Commission on the extent of such displacements. (h) Nothing in this Section is intended to cause an electric utility that is required to purchase power hereunder to incur any economic loss as a result of its purchase. All amounts paid for power which a utility is required to purchase pursuant to subparagraph (c) shall be deemed to be costs prudently incurred for purposes of computing charges under rates authorized by Section 9-220 of this Act. Tax credits provided for herein shall be reflected in charges made pursuant to rates so authorized to the extent such credits are based upon a cost which is also reflected in such charges. (i) Beginning in February 1999 and through January 2009, each qualified solid waste energy facility that sells electricity to an electric utility at the purchase rate described in subsection (c) shall file with the Department of Revenue
[April 7, 2000] 310 industrial, commercial, residential, service, transportation, and recreational activities and facilities within its boundaries, thereby enhancing the employment opportunities, public health and general welfare, and economic development within the community, including administrative expenditures exclusively to further these activities. These funds, however, shall not be used by the city, village, or incorporated town, directly or indirectly, to purchase, lease, operate, or in any way subsidize the operation of any incinerator, and these funds shall not be paid, directly or indirectly, by the city, village, or incorporated town to the owner, operator, lessee, shareholder, or bondholder of any incinerator. Moreover, these funds shall not be used to pay attorneys fees in any litigation relating to the validity of Public Act 89-448. Nothing in this Section prevents a city, village, or incorporated town from using other corporate funds for any legitimate purpose. For purposes of this subsection, the term "municipal waste" has the meaning ascribed to it in Section 3.21 of the Environmental Protection Act. (k) If maximum aggregate distributions of $500,000 under subsection (j) have been made after the January distribution from the Municipal Economic Development Fund, then the balance in the Fund shall be refunded to the qualified solid waste energy facilities that made payments that were deposited into the Fund during the previous 12-month period. The refunds shall be prorated based upon the facility's payments in relation to total payments for that 12-month period. (l) Beginning January 1, 2000, and each January 1 thereafter, each city, village, or incorporated town that received distributions from the Municipal Economic Development Fund, continued to hold any of those distributions, or made expenditures from those distributions during the immediately preceding year shall submit to a financial and compliance and program audit of those distributions performed by the Auditor General at no cost to the city, village, or incorporated town that received the distributions. The audit should be completed by June 30 or as soon thereafter as possible. The audit shall be submitted to the State Treasurer and those officers enumerated in Section 3-14 of the Illinois State Auditing Act. If the Auditor General finds that distributions have been expended in violation of this Section, the Auditor General shall refer the matter to the Attorney General. The Attorney General may recover, in a civil action, 3 times the amount of any distributions illegally expended. For purposes of this subsection, the terms "financial audit," "compliance audit", and "program audit" have the meanings ascribed to them in Sections 1-13 and 1-15 of the Illinois State Auditing Act. (Source: P.A. 89-448, eff. 3-14-96; 90-813, eff. 1-29-99.) Section 90. The State Mandates Act is amended by adding Section 8.24 as follows: (30 ILCS 805/8.24 new) Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly. Section 99. Effective date. This Act takes effect January 1, 2001.". Floor Amendment No. 2 remained in the Committee on Rules. Representative Hoffman offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1707 AMENDMENT NO. 3. Amend Senate Bill 1707, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 106, line 2, by replacing "and 6" with "6, and 11"; and on page 133, immediately below line 31, by inserting the following: "(35 ILCS 120/11) (from Ch. 120, par. 450)
311 [April 7, 2000] Sec. 11. All information received by the Department from returns filed under this Act, or from any investigation conducted under this Act, shall be confidential, except for official purposes, and any person who divulges any such information in any manner, except in accordance with a proper judicial order or as otherwise provided by law, shall be guilty of a Class B misdemeanor. Nothing in this Act prevents the Director of Revenue from publishing or making available to the public the names and addresses of persons filing returns under this Act, or reasonable statistics concerning the operation of the tax by grouping the contents of returns so the information in any individual return is not disclosed. Nothing in this Act prevents the Director of Revenue from divulging to the United States Government or the government of any other state, or any village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, or any officer or agency thereof, for exclusively official purposes, information received by the Department in administering this Act, provided that such other governmental agency agrees to divulge requested tax information to the Department. The Department's furnishing of information derived from a taxpayer's return or from an investigation conducted under this Act to the surety on a taxpayer's bond that has been furnished to the Department under this Act, either to provide notice to such surety of its potential liability under the bond or, in order to support the Department's demand for payment from such surety under the bond, is an official purpose within the meaning of this Section. The furnishing upon request of information obtained by the Department from returns filed under this Act or investigations conducted under this Act to the Illinois Liquor Control Commission for official use is deemed to be an official purpose within the meaning of this Section. Notice to a surety of potential liability shall not be given unless the taxpayer has first been notified, not less than 10 days prior thereto, of the Department's intent to so notify the surety. The furnishing upon request of the Auditor General, or his authorized agents, for official use, of returns filed and information related thereto under this Act is deemed to be an official purpose within the meaning of this Section. Where an appeal or a protest has been filed on behalf of a taxpayer, the furnishing upon request of the attorney for the taxpayer of returns filed by the taxpayer and information related thereto under this Act is deemed to be an official purpose within the meaning of this Section. The furnishing of financial information to a home rule unit that has imposed a tax similar to that imposed by this Act pursuant to its home rule powers, or to any village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, upon request of the Chief Executive thereof, is an official purpose within the meaning of this Section, provided the home rule unit or village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act agrees in writing to the requirements of this Section. For a village that does not levy any real property taxes for village operations and that receives more than 60% of its general corporate revenue from taxes under the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act, the officers eligible to receive information from the Department of Revenue under this Section are the village manager and the chief financial officer of the village. Information so provided shall be subject to all confidentiality
[April 7, 2000] 312 provisions of this Section. The written agreement shall provide for reciprocity, limitations on access, disclosure, and procedures for requesting information. The Department may make available to the Board of Trustees of any Metro East Mass Transit District information contained on transaction reporting returns required to be filed under Section 3 of this Act that report sales made within the boundary of the taxing authority of that Metro East Mass Transit District, as provided in Section 5.01 of the Local Mass Transit District Act. The disclosure shall be made pursuant to a written agreement between the Department and the Board of Trustees of a Metro East Mass Transit District, which is an official purpose within the meaning of this Section. The written agreement between the Department and the Board of Trustees of a Metro East Mass Transit District shall provide for reciprocity, limitations on access, disclosure, and procedures for requesting information. Information so provided shall be subject to all confidentiality provisions of this Section. The Director may make available to any State agency, including the Illinois Supreme Court, which licenses persons to engage in any occupation, information that a person licensed by such agency has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act. The Director may also make available to the Secretary of State information that a limited liability company, which has filed articles of organization with the Secretary of State, or corporation which has been issued a certificate of incorporation by the Secretary of State has failed to file returns under this Act or pay the tax, penalty and interest shown therein, or has failed to pay any final assessment of tax, penalty or interest due under this Act. An assessment is final when all proceedings in court for review of such assessment have terminated or the time for the taking thereof has expired without such proceedings being instituted. The Director shall make available for public inspection in the Department's principal office and for publication, at cost, administrative decisions issued on or after January 1, 1995. These decisions are to be made available in a manner so that the following taxpayer information is not disclosed: (1) The names, addresses, and identification numbers of the taxpayer, related entities, and employees. (2) At the sole discretion of the Director, trade secrets or other confidential information identified as such by the taxpayer, no later than 30 days after receipt of an administrative decision, by such means as the Department shall provide by rule. The Director shall determine the appropriate extent of the deletions allowed in paragraph (2). In the event the taxpayer does not submit deletions, the Director shall make only the deletions specified in paragraph (1). The Director shall make available for public inspection and publication an administrative decision within 180 days after the issuance of the administrative decision. The term "administrative decision" has the same meaning as defined in Section 3-101 of Article III of the Code of Civil Procedure. Costs collected under this Section shall be paid into the Tax Compliance and Administration Fund. Nothing contained in this Act shall prevent the Director from divulging information to any person pursuant to a request or authorization made by the taxpayer or by an authorized representative of the taxpayer. (Source: P.A. 89-89, eff. 6-30-95; 90-491, eff. 1-1-98.)". The motion prevailed and the amendment was adopted and ordered printed. Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the foregoing Amendments numbered 1 and 3 were adopted and the bill, as amended, was again advanced to the order of Third Reading.
313 [April 7, 2000] 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 Wait, SENATE BILL 1629 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 18) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1296. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1296 AMENDMENT NO. 1. Amend Senate Bill 1296 on page 1, line 5, after "15-66", by inserting "and changing Section 18-101.25"; and on page 1, immediately below line 12, by inserting the following: "(35 ILCS 200/18-101.25) (Section scheduled to be repealed on January 1, 2003) Sec. 18-101.25. Intent to adopt an aggregate levy; hearing required. Upon making the estimate as provided in Section 18-101.15, the corporate authority shall hold a hearing on its intent to adopt an aggregate levy. Except as otherwise provided in this Section, hearings shall be held according to the following schedule. (1) First Monday in December: Park districts and municipalities. (2) First Tuesday in December: Townships, road districts, and all school districts except high school districts. (3) First Wednesday in December: High school districts and libraries. (4) First Thursday in December: Counties and forest preserve districts. (5) First Friday in December: All other taxing districts. All hearings shall be open to the public. The corporate authority of the taxing district shall explain the reasons for the levy and any proposed increase and shall permit persons desiring to be heard an opportunity to present testimony within such reasonable time limits as it shall determine. The hearing shall not coincide with the hearing on the proposed budget. The corporate authority may, however, conduct any other business of the taxing district on the same day. Failure of a taxing district to convene or complete a public hearing on the day prescribed in this Section due to good cause unrelated to inadvertence, including, but not limited to, physical perils such as natural disasters or acts of God, shall not constitute a failure to hold a public hearing under this Division 2.1. In this event, a taxing district may either hold a separate public hearing on its proposed tax levy, or place the hearing on its proposed tax levy on the agenda of the taxing district's next scheduled meeting. In either case, a taxing district shall give notice of the hearing pursuant to Sections 2.02, 2.03, and 2.04 of the Open Meetings Act. For the purpose of permitting the issuance of warrants or notes in anticipation of the taxes to be levied, a taxing district may hold (on
[April 7, 2000] 314 any date prior to the first week in December) a hearing on its intent to adopt an aggregate levy. If the estimate of the aggregate levy is more than the amount extended or estimated to be extended, plus any amount abated by the corporate authority prior to the extension, upon the final aggregate levy of the preceding year, exclusive of election costs, notice of this hearing shall be given in the same manner as provided in this Division 2.1. This earlier hearing shall be in addition to, and not instead of, the mandatory December hearing, but may be conducted in conjunction with a regular meeting of the taxing district. Any taxing district with a fiscal year beginning on December 1 or any taxing district that is required to adopt a levy ordinance by the first Tuesday in December, for which the hearing day requirement of this Section would conflict with the adoption of its tax levy or
315 [April 7, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 07, 2000 0 YEAS 0 NAYS 117 PRESENT P ACEVEDO P FOWLER P LINDNER P REITZ P BASSI P FRANKS P LOPEZ P RIGHTER P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD P BELLOCK P GARRETT P LYONS,JOSEPH E RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK P GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,JERRY P SLONE P BURKE P HOEFT P MOFFITT P SMITH P CAPPARELLI P HOFFMAN P MOORE P SOMMER P COULSON P HOLBROOK P MORROW P STEPHENS P COWLISHAW P HOWARD P MULLIGAN P STROGER P CROSS P HULTGREN P MURPHY P TENHOUSE P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRY P JONES,JOHN P O'BRIEN P WAIT P DANIELS P JONES,LOU P O'CONNOR P WINKEL P DART P JONES,SHIRLEY P OSMOND P WINTERS P DAVIS,MONIQUE P KENNER P OSTERMAN P WIRSING P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK P DELGADO P KOSEL P PARKE P WOOLARD P DURKIN P KRAUSE P PERSICO P YOUNGE P ERWIN P LANG P POE P ZICKUS P FEIGENHOLTZ P LAWFER P PUGH P MR. SPEAKER P FLOWERS P LEITCH E - Denotes Excused Absence
[April 7, 2000] 316 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1780 $VETERANS AFFAIRS THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
317 [April 7, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1426 JUV CT-CD CORR-PROBATION-MINOR THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 318 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 730 JUV CT-MINOR'S STATEMENT THIRD READING PASSED APR 07, 2000 111 YEAS 6 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
319 [April 7, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1249 LONGTIME PROP TX RELIEF-NOTICE THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 320 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1404 AUDIOLOGISTS-REGULATORY ACTS THIRD READING PASSED APR 07, 2000 95 YEAS 21 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI N FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO N KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS A LEITCH E - Denotes Excused Absence
321 [April 7, 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 747 PROP TX-SENIOR HMSTD EXEMPTN THIRD READING PASSED VERIFIED ROLL CALL APR 07, 2000 65 YEAS 43 NAYS 8 PRESENT Y ACEVEDO Y FOWLER N LINDNER N REITZ P BASSI N FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY P LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH E RYDER N BIGGINS Y GASH P MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS P MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRY P SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER P COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND A WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER N PANKAU N WOJCIK Y DELGADO P KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE P ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
[April 7, 2000] 322 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1851 TOBACCO FUND-TREASURER-INVEST THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
323 [April 7, 2000] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1690 PRINCIPAL & INCOME-ESTATES THIRD READING PASSED APR 07, 2000 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY A HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 324 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1307 PROP TAX-SR ASSESS FREEZE-VETS THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
325 [April 7, 2000] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1871 STATE CONTRACTS-COMPTROLLER THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 326 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1541 UTIL VEGETATION MANAGEMENT THIRD READING PASSED APR 07, 2000 103 YEAS 6 NAYS 8 PRESENT Y ACEVEDO N FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN P HARRIS Y MEYER P SILVA Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK P MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN P MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS P TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS P JONES,LOU Y O'CONNOR Y WINKEL Y DART P JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER P PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
327 [April 7, 2000] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1425 CHICAGO PARK DIST-OFFICERS THIRD READING PASSED APR 07, 2000 116 YEAS 0 NAYS 0 PRESENT A ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 328 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1453 SALES TX-QUARTER ANNUAL FILING THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
329 [April 7, 2000] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1451 MUNI CD-TIF-REPORTS THIRD READING PASSED APR 07, 2000 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY A HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 330 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1660 PUB AID-MANAGED CARE-REPEAL THIRD READING PASSED APR 07, 2000 115 YEAS 1 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH N MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
331 [April 7, 2000] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1377 FIRE PROTECTION DIST-TAX RATE THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
[April 7, 2000] 332 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1629 VEH CD-STANDING GARBAGE TRUCKS THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
333 [April 7, 2000] NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1296 PROPERTY TAX-LIBRARIES EXEMPT THIRD READING PASSED APR 07, 2000 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence