STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
122ND LEGISLATIVE DAY
THURSDAY, APRIL 13, 2000
11:00 O'CLOCK A.M.
NO. 122
[April 13, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 122nd Legislative Day Action Page(s) Adjournment........................................ 149 Change of Sponsorship.............................. 116 Committee on Rules Referrals....................... 7 Correctional Budget & Impact Note Requested........ 7 Fiscal Note Requested.............................. 7 Fiscal Note Supplied............................... 7 Introduction and First Reading - HB4714-4715....... 116 Letter of Transmittal.............................. 6 Quorum Roll Call................................... 5 State Mandate Note Requested....................... 7 Temporary Committee Assignments.................... 5 Bill Number Legislative Action Page(s) HB 0023 Senate Message - Passage w/ SA..................... 8 HB 0390 Refuse to Concur in Senate Amendment/s............. 129 HB 0840 Committee Report - Concur in SA.................... 5 HB 0840 Concurrence in Senate Amendment/s.................. 132 HB 0861 Concurrence in Senate Amendment/s.................. 129 HB 1583 Senate Message - Passage w/ SA..................... 114 HB 1812 Conference Committee Report Submitted - First...... 116 HB 2855 Motion Submitted................................... 7 HB 2980 Committee Report - Concur in SA.................... 115 HB 2991 Concurrence in Senate Amendment/s.................. 130 HB 3093 Concurrence in Senate Amendment/s.................. 130 HB 3457 Concurrence in Senate Amendment/s.................. 132 HB 3460 Committee Report - Concur in SA.................... 5 HB 3460 Motion Submitted................................... 7 HB 3465 Concurrence in Senate Amendment/s.................. 130 HB 4045 Concurrence in Senate Amendment/s.................. 129 HB 4124 Committee Report - Concur in SA.................... 5 HB 4124 Concurrence in Senate Amendment/s.................. 133 HB 4431 Concurrence in Senate Amendment/s.................. 132 HB 4588 Senate Message - Passage w/ SA..................... 34 HJR 0050 Adoption........................................... 147 HJR 0051 Adoption........................................... 133 HJR 0061 Adoption........................................... 133 HJR 0063 Committee Report................................... 5 HJR 0066 Adoption........................................... 133 HJR 0066 Committee Report................................... 115 HJR 0067 Resolution......................................... 126 HR 0063 Adoption........................................... 133 HR 0569 Adoption........................................... 146 HR 0638 Adoption........................................... 133 HR 0719 Adoption........................................... 133 HR 0720 Adoption........................................... 127 HR 0721 Adoption........................................... 127 HR 0722 Adoption........................................... 127 HR 0724 Adoption........................................... 127 HR 0725 Adoption........................................... 127 HR 0726 Adoption........................................... 127 HR 0727 Adoption........................................... 127 HR 0729 Adoption........................................... 127 HR 0730 Adoption........................................... 127 HR 0731 Adoption........................................... 127 HR 0733 Adoption........................................... 127 HR 0734 Adoption........................................... 127
3 [April 13, 2000] Bill Number Legislative Action Page(s) HR 0736 Adoption........................................... 127 HR 0737 Adoption........................................... 127 HR 0738 Adoption........................................... 127 HR 0739 Adoption........................................... 127 HR 0740 Adoption........................................... 127 HR 0742 Adoption........................................... 127 HR 0743 Adoption........................................... 127 HR 0744 Adoption........................................... 127 HR 0745 Adoption........................................... 127 HR 0746 Adoption........................................... 127 HR 0747 Adoption........................................... 127 HR 0748 Adoption........................................... 127 HR 0749 Adoption........................................... 127 HR 0750 Adoption........................................... 127 HR 0752 Adoption........................................... 127 HR 0754 Adoption........................................... 133 HR 0755 Adoption........................................... 127 HR 0756 Adoption........................................... 127 HR 0757 Adoption........................................... 127 HR 0758 Adoption........................................... 127 HR 0759 Adoption........................................... 127 HR 0760 Adoption........................................... 127 HR 0762 Adoption........................................... 127 HR 0763 Adoption........................................... 127 HR 0764 Agreed Resolution.................................. 117 HR 0765 Resolution......................................... 125 HR 0766 Agreed Resolution.................................. 117 HR 0767 Agreed Resolution.................................. 118 HR 0768 Agreed Resolution.................................. 118 HR 0769 Agreed Resolution.................................. 119 HR 0770 Agreed Resolution.................................. 120 HR 0771 Agreed Resolution.................................. 120 HR 0772 Agreed Resolution.................................. 121 HR 0773 Agreed Resolution.................................. 121 HR 0774 Agreed Resolution.................................. 122 HR 0775 Agreed Resolution.................................. 122 HR 0776 Agreed Resolution.................................. 122 HR 0777 Agreed Resolution.................................. 123 HR 0778 Agreed Resolution.................................. 123 HR 0779 Agreed Resolution.................................. 124 HR 0786 Adoption........................................... 148 HR 0786 Agreed Resolution.................................. 124 SB 0385 Committee Report-Floor Amendment/s................. 115 SB 1007 Second Reading - Amendment/s....................... 128 SB 1007 Third Reading...................................... 147 SB 1231 Third Reading...................................... 129 SB 1298 Third Reading...................................... 128 SB 1330 Third Reading...................................... 134 SB 1393 Second Reading - Amendment/s....................... 130 SB 1393 Third Reading...................................... 147 SB 1428 Third Reading...................................... 128 SB 1440 Second Reading - Amendment/s....................... 135 SB 1503 Second Reading..................................... 147 SB 1524 Second Reading..................................... 134 SB 1524 Third Reading...................................... 134 SB 1537 Second Reading..................................... 134 SB 1537 Third Reading...................................... 134 SB 1577 Motion............................................. 146 SB 1577 Recall............................................. 147 SB 1627 Third Reading...................................... 129 SB 1653 Second Reading - Amendment/s....................... 138 SB 1653 Third Reading...................................... 146 SB 1672 Action on Motion................................... 148 SB 1680 Committee Report-Floor Amendment/s................. 115
[April 13, 2000] 4 Bill Number Legislative Action Page(s) SB 1693 Third Reading...................................... 127 SJR 0043 Committee Report................................... 116 SJR 0066 Committee Report................................... 5 SJR 0070 Adoption........................................... 147 SJR 0070 Committee Report................................... 5
5 [April 13, 2000] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Father Richard McGrath of the Providence Catholic High Schoolin New Lenox, Illinois. Representative Giles 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: 118 present. (ROLL CALL 1) REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Cross, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Hassert, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Righter replaced Representative John Turner in the Committee on Judiciary I-Civil Law on April 12, 2000. Representative Wirsing replaced Representative Andrea Moore in the Committee on Environment & Energy on April 12, 2000. Representative Coulson replaced Representative Schmitz in the Committee on State Government Administration on April 12, 2000. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 840. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4124. That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 63: SENATE JOINT RESOLUTION 70. The committee roll call vote on Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3460. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: SENATE JOINT RESOLUTION 66. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present.
[April 13, 2000] 6 Y Currie, Chair N Ryder Y Hannig N Tenhouse Y Turner, Art LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS DALE A. RIGHTER HOUSE OF REPRESENTATIVES - 106TH DISTRICT Anthony D. Rossi Clerk of the House Room 402 Capitol Building Springfield IL 62706 Dear Tony: On Tuesday, April 11th, 2000, the House voted on SB 1881. It passed with a vote of 111-2-4. I inadvertently voted "present", although it was my intention to vote "yes". I would ask that the House records indicate my intention to vote "yes" on SB 1881. Thank you for your consideration. Sincerely, s/Dale A. Righter State Representative 106th District State Representatives TIMOTHY V. "TIM" JOHNSON 104th District April 13, 2000 To the Clerk: I move to be recorded as "Present" on Senate Bill 1007, and have filed a motion to remove myself as a sponsor thereof. The vote and sponsorship were inadvertent, and based on my understanding, the bill would be prospective only. Thus, based on a possible conflict of interest, I ask the record so reflect. s/Tim Johnson State Representative 104th District 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:
7 [April 13, 2000] Please be advised that I have extended the Committee and Third Reading deadline to April 14, 2000 for Senate Bills 1609, 1672 and 1844. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely, s/Michael J. Madigan Speaker of the House COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Executive: House Amendment 2 to SENATE BILL 385. Committee on Human Services: SENATE BILL 1609. Committee on Health Care Availability & Access: SENATE BILL 1844. Committee on Insurance: Motion to Concur in Senate Amendment 4 to HOUSE BILL 2980. Committee on State Government Administration: SENATE JOINT RESOLUTION 43. Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Agriculture & Conservation: SENATE BILL 1672. Committee on Elementary & Secondary Education: FIRST CONFERENCE COMMITTEE REPORT TO HOUSE BILL 1812. Committee on Executive: House Amendment 4 to SENATE BILL 1680. JOINT ACTION MOTIONS SUBMITTED Representative Tenhouse submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2855. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3460. REQUEST FOR FISCAL NOTE Representative Tenhouse requested that a Fiscal Note be supplied for SENATE BILL 1620, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 1620, as amended. REQUEST FOR STATE MANDATE NOTE Representative Tenhouse requested that a State Mandate Note be supplied for SENATE BILL 1620, as amended. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE
[April 13, 2000] 8 Representative Tenhouse requested that a Correctional Budget & Impact Note be supplied for SENATE BILL 1620, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL 23 A bill for AN ACT to amend the Public Utilities Act by changing Section 16-102. House Amendment No. 1 to Senate Bill No. 23. House Amendment No. 2 to Senate Bill No. 23. House Amendment No. 4 to Senate Bill No. 23. Action taken by the Senate, April 13, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 4 to HOUSE BILL 23 was placed on the Calendar on the order of Non-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 in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 452 A bill for AN ACT to amend the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993 by changing Section 80. House Amendment No. 1 to SENATE BILL NO. 452. House Amendment No. 6 to SENATE BILL NO. 452. House Amendment No. 8 to SENATE BILL NO. 452. Action taken by the Senate, April 13, 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 in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 730 A bill for AN ACT to amend the Juvenile Court Act of 1987 by
9 [April 13, 2000] changing Section 2-18. House Amendment No. 2 to SENATE BILL NO. 730. Action taken by the Senate, April 13, 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 in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1268 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 19-4. House Amendment No. 1 to SENATE BILL NO. 1268. Action taken by the Senate, April 13, 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 in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1304 A bill for AN ACT to amend the Property Tax Code by changing Sections 21-15, 21-20, and 21-25. House Amendment No. 1 to SENATE BILL NO. 1304. Action taken by the Senate, April 13, 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 in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1377 A bill for AN ACT to amend the Fire Protection District Act by changing Section 14.05. House Amendment No. 1 to SENATE BILL NO. 1377. Action taken by the Senate, April 13, 2000. Jim Harry, Secretary of the Senate
[April 13, 2000] 10 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 adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1425 A bill for AN ACT concerning park districts. House Amendment No. 1 to SENATE BILL NO. 1425. House Amendment No. 2 to SENATE BILL NO. 1425. House Amendment No. 3 to SENATE BILL NO. 1425. Action taken by the Senate, April 13, 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 in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1513 A bill for AN ACT to amend the North Shore Sanitary District Act by changing Section 11. House Amendment No. 1 to SENATE BILL NO. 1513. Action taken by the Senate, April 13, 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 in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1658 A bill for AN ACT concerning workers' compensation self-insurance pools, amending named Acts. House Amendment No. 1 to SENATE BILL NO. 1658. House Amendment No. 2 to SENATE BILL NO. 1658. Action taken by the Senate, April 13, 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 in the adoption of their
11 [April 13, 2000] amendment to a bill of the following title, to-wit: SENATE BILL NO. 1690 A bill for AN ACT to amend the Principal and Income Act by changing Sections 6 and 14. House Amendment No. 1 to SENATE BILL NO. 1690. Action taken by the Senate, April 13, 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 in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1881 A bill for AN ACT to amend the Sanitary District Act of 1936 by changing Section 1. House Amendment No. 1 to SENATE BILL NO. 1881. House Amendment No. 2 to SENATE BILL NO. 1881. Action taken by the Senate, April 13, 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 refused to recede from their amendments 1 and 2 to a bill of the following title, to-wit: HOUSE BILL NO. 730 A bill for AN ACT to amend the Criminal Code of 1961 by changing Section 3-6. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Geo-Karis, Hawkinson, Cronin; Cullerton and Obama. Action taken by the Senate, April 13, 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 4588
[April 13, 2000] 12 A bill for AN ACT in relation to State government. 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. 4588. Senate Amendment No. 2 to HOUSE BILL NO. 4588. Passed the Senate, as amended, April 15, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4588 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the FY2001 Budget Implementation Act. Section 5. The Illinois Administrative Procedure Act is amended by changing Section 5-45 as follows: (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) Sec. 5-45. Emergency rulemaking. (a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare. (b) If any agency finds that an emergency exists that requires adoption of a rule upon fewer days than is required by Section 5-40 and states in writing its reasons for that finding, the agency may adopt an emergency rule without prior notice or hearing upon filing a notice of emergency rulemaking with the Secretary of State under Section 5-70. The notice shall include the text of the emergency rule and shall be published in the Illinois Register. Consent orders or other court orders adopting settlements negotiated by an agency may be adopted under this Section. Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon filing under Section 5-65 or at a stated date less than 10 days thereafter. The agency's finding and a statement of the specific reasons for the finding shall be filed with the rule. The agency shall take reasonable and appropriate measures to make emergency rules known to the persons who may be affected by them. (c) An emergency rule may be effective for a period of not longer than 150 days, but the agency's authority to adopt an identical rule under Section 5-40 is not precluded. No emergency rule may be adopted more than once in any 24 month period, except that this limitation on the number of emergency rules that may be adopted in a 24 month period does not apply to (i) emergency rules that make additions to and deletions from the Drug Manual under Section 5-5.16 of the Illinois Public Aid Code or the generic drug formulary under Section 3.14 of the Illinois Food, Drug and Cosmetic Act or (ii) emergency rules adopted by the Pollution Control Board before July 1, 1997 to implement portions of the Livestock Management Facilities Act. Two or more emergency rules having substantially the same purpose and effect shall be deemed to be a single rule for purposes of this Section. (d) In order to provide for the expeditious and timely implementation of the State's fiscal year 1999 budget, emergency rules to implement any provision of Public Act 90-587 or 90-588 or any other budget initiative for fiscal year 1999 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (d). The adoption of emergency rules authorized by this subsection (d) shall be deemed to be necessary for the public interest, safety, and welfare. (e) In order to provide for the expeditious and timely
13 [April 13, 2000] implementation of the State's fiscal year 2000 budget, emergency rules to implement any provision of this amendatory Act of the 91st General Assembly or any other budget initiative for fiscal year 2000 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (e). The adoption of emergency rules authorized by this subsection (e) shall be deemed to be necessary for the public interest, safety, and welfare. (f) In order to provide for the expeditious and timely implementation of the State's fiscal year 2001 budget, emergency rules to implement any provision of this amendatory Act of the 91st General Assembly or any other budget initiative for fiscal year 2001 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (f). The adoption of emergency rules authorized by this subsection (f) shall be deemed to be necessary for the public interest, safety, and welfare. (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98; 90-588, eff. 7-1-98; 91-24, eff. 7-1-99; 91-357, eff. 7-29-99.) Section 10. The State Comptroller Act is amended by changing Section 10.05a as follows: (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a) Sec. 10.05a. Deductions from Warrants and Payments for Satisfaction of Past Due Child Support. At the direction of the Department of Public Aid, the Comptroller shall deduct from a warrant or other payment described in Section 10.05 of this Act, in accordance with the procedures provided therein, and pay over to the Department or the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code, at the direction of the Department, that amount certified as necessary to satisfy, in whole or in part, past due support owed by a person on account of support action being taken by the Department under Article X of the Illinois Public Aid Code, whether or not such support is owed to the State. Such deduction shall have priority over any garnishment except that for payment of state or federal taxes. In the case of joint payees, the Comptroller shall deduct and pay over to the Department or the State Disbursement Unit, as directed by the Department, the entire amount certified. The Comptroller shall provide the Department with the address to which the warrant or other payment was to be mailed and the social security number of each person from whom a deduction is made pursuant to this Section. (Source: P.A. 91-212, eff. 7-20-99.) Section 15. The Children and Family Services Act is amended by changing Section 22.2 as follows: (20 ILCS 505/22.2) (from Ch. 23, par. 5022.2) Sec. 22.2. To provide training programs for the provision of foster care and adoptive care services. Training provided to foster parents shall include training and information on their right to be heard, to bring a mandamus action, and to intervene in juvenile court as set forth under subsection (2) of Section 1-5 of the Juvenile Court Act of 1987 and the availability of the hotline established under Section 35.6 of this Act, that foster parents may use to report incidents of misconduct or violation of rules by Department employees, service providers, or contractors. Monies for such training programs shall be derived from the Department of Children and Family Services Training Fund, hereby created in the State Treasury. Deposits to this fund shall consist of federal financial participation in foster care and adoption care training programs, public and unsolicited private grants and fees for such training. In addition, with the approval of the Governor, the Department may transfer amounts not exceeding $2,000,000 in each fiscal year from the DCFS Children's Services Fund to the Department of Children and Family Services Training Fund.
[April 13, 2000] 14 Disbursements from the Department of Children and Family Services Training Fund shall be made by the Department for foster care and adoptive care training services in accordance with federal standards. (Source: P.A. 88-7.) Section 20. The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by changing Section 2505-650 as follows: (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52) Sec. 2505-650. Collection of past due support. Upon certification of past due child support amounts from the Department of Public Aid, the Department of Revenue may collect the delinquency in any manner authorized for the collection of any tax administered by the Department of Revenue. The Department of Revenue shall notify the Department of Public Aid when the delinquency or any portion of the delinquency has been collected under this Section. Any child support delinquency collected by the Department of Revenue, including those amounts that result in overpayment of a child support delinquency, shall be deposited into the Child Support Enforcement Trust Fund or paid to the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code, at the direction of the Department of Public Aid
15 [April 13, 2000] the Treasurer shall transfer, to the extent that funds are available, 1/4 of $16,100,000, plus any cumulative deficiencies in such transfers for prior transfer dates during such fiscal year. In no event shall any such transfer reduce the available balance in the DCFS Children's Services Fund below $350,000. In accordance with subsection (q) of Section 5 of the Children and Family Services Act, disbursements from individual children's accounts shall be deposited into the DCFS Children's Services Fund. (Source: P.A. 88-553; 89-21, eff. 6-6-95; 89-507, eff. 7-1-97.) Section 28. The General Obligation Bond Act is amended by changing Section 4 as follows: (30 ILCS 330/4) (from Ch. 127, par. 654) Sec. 4. Transportation. The amount of $5,312,270,000 is authorized for use by the Department of Transportation for the specific purpose of promoting and assuring rapid, efficient, and safe highway, air and mass transportation for the inhabitants of the State by providing monies, including the making of grants and loans, for the acquisition, construction, reconstruction, extension and improvement of the following transportation facilities and equipment, and for the acquisition of real property and interests in real property required or expected to be required in connection therewith as follows: (a) $3,431,000,000 for State highways, arterial highways, freeways, roads, bridges, structures separating highways and railroads and roads, and bridges on roads maintained by counties, municipalities, townships or road districts for the following specific purposes: (1) $3,330,000,000 for use statewide, (2) $3,641,000 for use outside the Chicago urbanized area, (3) $7,543,000 for use within the Chicago urbanized area, (4) $13,060,600 for use within the City of Chicago, (5) $57,894,500 for use within the counties of Cook, DuPage, Kane, Lake, McHenry and Will, and (6) $18,860,900 for use outside the counties of Cook, DuPage, Kane, Lake, McHenry and Will. (b) $1,529,670,000 for rail facilities and for mass transit facilities, as defined in Section 2705-305 of the Department of Transportation Law (20 ILCS 2705/2705-305), including rapid transit, rail, bus and other equipment used in connection therewith by the State or any unit of local government, special transportation district, municipal corporation or other corporation or public authority authorized to provide and promote public transportation within the State or two or more of the foregoing jointly, for the following specific purposes: (1) $1,433,870,000 statewide, (2) $83,350,000 for use within the counties of Cook, DuPage, Kane, Lake, McHenry and Will, (3) $12,450,000 for use outside the counties of Cook, DuPage, Kane, Lake, McHenry and Will. (c) $351,600,000 for airport or aviation facilities and any equipment used in connection therewith, including engineering and land acquisition costs, by the State or any unit of local government, special transportation district, municipal corporation or other corporation or public authority authorized to provide public transportation within the State, or two or more of the foregoing acting jointly, and for the making of deposits into the Airport Land Loan Revolving Fund for loans to public airport owners pursuant to the Illinois Aeronautics Act. (Source: P.A. 90-8, eff. 12-8-97 (changed from 6-1-98 by P.A. 90-549); 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-239, eff. 1-1-00; revised 8-6-99.) Section 30. The Illinois Income Tax Act is amended by changing Section 901 as follows: (35 ILCS 5/901) (from Ch. 120, par. 9-901) Sec. 901. Collection Authority. (a) In general. The Department shall collect the taxes imposed by this Act. The Department shall collect certified past due child support amounts under
[April 13, 2000] 16 Section 2505-650 of the Department of Revenue Law (20 ILCS 2505/2505-650). Except as provided in subsections (c) and (e) of this Section, money collected pursuant to subsections (a) and (b) of Section 201 of this Act shall be paid into the General Revenue Fund in the State treasury; money collected pursuant to subsections (c) and (d) of Section 201 of this Act shall be paid into the Personal Property Tax Replacement Fund, a special fund in the State Treasury; and money collected under Section 2505-650 of the Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid into the Child Support Enforcement Trust Fund, a special fund outside the State Treasury, or to the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code, as directed by the Department of Public Aid. (b) Local Governmental Distributive Fund. Beginning August 1, 1969, and continuing through June 30, 1994, the Treasurer shall transfer each month from the General Revenue Fund to a special fund in the State treasury, to be known as the "Local Government Distributive Fund", an amount equal to 1/12 of the net revenue realized from the tax imposed by subsections (a) and (b) of Section 201 of this Act during the preceding month. Beginning July 1, 1994, and continuing through June 30, 1995, the Treasurer shall transfer each month from the General Revenue Fund to the Local Government Distributive Fund an amount equal to 1/11 of the net revenue realized from the tax imposed by subsections (a) and (b) of Section 201 of this Act during the preceding month. Beginning July 1, 1995, the Treasurer shall transfer each month from the General Revenue Fund to the Local Government Distributive Fund an amount equal to 1/10 of the net revenue realized from the tax imposed by subsections (a) and (b) of Section 201 of the Illinois Income Tax Act during the preceding month. Net revenue realized for a month shall be defined as the revenue from the tax imposed by subsections (a) and (b) of Section 201 of this Act which is deposited in the General Revenue Fund, the Educational Assistance Fund and the Income Tax Surcharge Local Government Distributive Fund during the month minus the amount paid out of the General Revenue Fund in State warrants during that same month as refunds to taxpayers for overpayment of liability under the tax imposed by subsections (a) and (b) of Section 201 of this Act. (c) Deposits Into Income Tax Refund Fund. (1) Beginning on January 1, 1989 and thereafter, the Department shall deposit a percentage of the amounts collected pursuant to subsections (a) and (b)(1), (2), and (3), of Section 201 of this Act into a fund in the State treasury known as the Income Tax Refund Fund. The Department shall deposit 6% of such amounts during the period beginning January 1, 1989 and ending on June 30, 1989. Beginning with State fiscal year 1990 and for each fiscal year thereafter, the percentage deposited into the Income Tax Refund Fund during a fiscal year shall be the Annual Percentage. For fiscal years 1999 through 2001, the Annual Percentage shall be 7.1%. For all other fiscal years, the Annual Percentage shall be calculated as a fraction, the numerator of which shall be the amount of refunds approved for payment by the Department during the preceding fiscal year as a result of overpayment of tax liability under subsections (a) and (b)(1), (2), and (3) of Section 201 of this Act plus the amount of such refunds remaining approved but unpaid at the end of the preceding fiscal year, the denominator of which shall be the amounts which will be collected pursuant to subsections (a) and (b)(1), (2), and (3) of Section 201 of this Act during the preceding fiscal year. The Director of Revenue shall certify the Annual Percentage to the Comptroller on the last business day of the fiscal year immediately preceding the fiscal year for which it is to be effective. (2) Beginning on January 1, 1989 and thereafter, the Department shall deposit a percentage of the amounts collected pursuant to subsections (a) and (b)(6), (7), and (8), (c) and (d) of Section 201 of this Act into a fund in the State treasury known as the Income Tax Refund Fund. The Department shall deposit 18% of such amounts during the period beginning January 1, 1989 and ending
17 [April 13, 2000] on June 30, 1989. Beginning with State fiscal year 1990 and for each fiscal year thereafter, the percentage deposited into the Income Tax Refund Fund during a fiscal year shall be the Annual Percentage. For fiscal years 1999, 2000, and 2001, the Annual Percentage shall be 19%. For all other fiscal years, the Annual Percentage shall be calculated as a fraction, the numerator of which shall be the amount of refunds approved for payment by the Department during the preceding fiscal year as a result of overpayment of tax liability under subsections (a) and (b)(6), (7), and (8), (c) and (d) of Section 201 of this Act plus the amount of such refunds remaining approved but unpaid at the end of the preceding fiscal year, the denominator of which shall be the amounts which will be collected pursuant to subsections (a) and (b)(6), (7), and (8), (c) and (d) of Section 201 of this Act during the preceding fiscal year. The Director of Revenue shall certify the Annual Percentage to the Comptroller on the last business day of the fiscal year immediately preceding the fiscal year for which it is to be effective. (d) Expenditures from Income Tax Refund Fund. (1) Beginning January 1, 1989, money in the Income Tax Refund Fund shall be expended exclusively for the purpose of paying refunds resulting from overpayment of tax liability under Section 201 of this Act and for making transfers pursuant to this subsection (d). (2) The Director shall order payment of refunds resulting from overpayment of tax liability under Section 201 of this Act from the Income Tax Refund Fund only to the extent that amounts collected pursuant to Section 201 of this Act and transfers pursuant to this subsection (d) have been deposited and retained in the Fund. (3) As soon as possible after the end of each fiscal year, the Director shall order transferred and the State Treasurer and State Comptroller shall transfer from the Income Tax Refund Fund to the Personal Property Tax Replacement Fund an amount, certified by the Director to the Comptroller, equal to the excess of the amount collected pursuant to subsections (c) and (d) of Section 201 of this Act deposited into the Income Tax Refund Fund during the fiscal year over the amount of refunds resulting from overpayment of tax liability under subsections (c) and (d) of Section 201 of this Act paid from the Income Tax Refund Fund during the fiscal year. (4) As soon as possible after the end of each fiscal year, the Director shall order transferred and the State Treasurer and State Comptroller shall transfer from the Personal Property Tax Replacement Fund to the Income Tax Refund Fund an amount, certified by the Director to the Comptroller, equal to the excess of the amount of refunds resulting from overpayment of tax liability under subsections (c) and (d) of Section 201 of this Act paid from the Income Tax Refund Fund during the fiscal year over the amount collected pursuant to subsections (c) and (d) of Section 201 of this Act deposited into the Income Tax Refund Fund during the fiscal year. (4.5) As soon as possible after the end of fiscal year 1999 and of each fiscal year thereafter, the Director shall order transferred and the State Treasurer and State Comptroller shall transfer from the Income Tax Refund Fund to the General Revenue Fund any surplus remaining in the Income Tax Refund Fund as of the end of such fiscal year. (5) This Act shall constitute an irrevocable and continuing appropriation from the Income Tax Refund Fund for the purpose of paying refunds upon the order of the Director in accordance with the provisions of this Section. (e) Deposits into the Education Assistance Fund and the Income Tax Surcharge Local Government Distributive Fund. On July 1, 1991, and thereafter, of the amounts collected pursuant to subsections (a) and (b) of Section 201 of this Act, minus deposits
[April 13, 2000] 18 into the Income Tax Refund Fund, the Department shall deposit 7.3% into the Education Assistance Fund in the State Treasury. Beginning July 1, 1991, and continuing through January 31, 1993, of the amounts collected pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 3.0% into the Income Tax Surcharge Local Government Distributive Fund in the State Treasury. Beginning February 1, 1993 and continuing through June 30, 1993, of the amounts collected pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 4.4% into the Income Tax Surcharge Local Government Distributive Fund in the State Treasury. Beginning July 1, 1993, and continuing through June 30, 1994, of the amounts collected under subsections (a) and (b) of Section 201 of this Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 1.475% into the Income Tax Surcharge Local Government Distributive Fund in the State Treasury. (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98; 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.) Section 33. The Upper Illinois River Valley Development Authority Act is amended by adding Section 6.1 as follows: (70 ILCS 530/6.1 new) Sec. 6.1. Tax avoidance. Notwithstanding any other provision of law, the Authority shall not enter into any agreement providing for the purchase and lease of tangible personal property that results in the avoidance of taxation under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, or the Service Occupation Tax Act, without the prior written consent of the Governor. Section 35. The Ambulatory Surgical Treatment Center Act is amended by changing Section 8 as follows: (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8) Sec. 8. Facility plan review; fees. (a) Before commencing construction of new facilities or specified types of alteration or additions to an existing ambulatory surgical treatment center involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications therefor shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun. (b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined
19 [April 13, 2000] to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial. (c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if: (1) the Department reviewed and approved or deemed approved the drawings and specifications for compliance with design and construction standards; (2) the construction, major alteration, or addition was built as submitted; (3) the law or rules have not been amended since the original approval; and (4) the conditions at the facility indicate that there is a reasonable degree of safety provided for the patients. (d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004
[April 13, 2000] 20 under this Section. All fees paid by ambulatory surgical treatment centers under subsection (d) shall be used only to cover the costs relating to the Department's review of ambulatory surgical treatment center projects under this Section. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section. (f) (1) The provisions of this amendatory Act of 1997 concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997. (2) On and after the effective date of this amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications. (g) The Department shall conduct an on-site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted. (h) The Department shall establish, by rule, a procedure to conduct interim on-site review of large or complex construction projects. (i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment. (j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the facility is licensed, and provides a reasonable degree of safety for the patients. (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.) Section 40. The Nursing Home Care Act is amended by changing Section 3-202.5 as follows: (210 ILCS 45/3-202.5) Sec. 3-202.5. Facility plan review; fees. (a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun. (b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's
21 [April 13, 2000] submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial. (c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if: (1) the Department reviewed and approved or deemed approved the drawings and specifications for compliance with design and construction standards; (2) the construction, major alteration, or addition was built as submitted; (3) the law or rules have not been amended since the original approval; and (4) the conditions at the facility indicate that there is a reasonable degree of safety provided for the residents. (d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004
[April 13, 2000] 22 construction projects involving facility changes that are required by Department rule amendments. The fees provided in this subsection (d) shall also not apply to major construction projects if 51% or more of the estimated cost of the project is attributed to capital equipment. For major construction projects where 51% or more of the estimated cost of the project is attributed to capital equipment, the Department shall by rule establish a fee that is reasonably related to the cost of reviewing the project. The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid. (e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by long-term care facilities under subsection (d) shall be used only to cover the costs relating to the Department's review of long-term care facility projects under this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section. (f) (1) The provisions of this amendatory Act of 1997 concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997. (2) On and after the effective date of this amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications. (g) The Department shall conduct an on-site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted. (h) The Department shall establish, by rule, a procedure to conduct interim on-site review of large or complex construction projects. (i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment. (j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the long-term care facility is licensed, and provides a reasonable degree of safety for the residents. (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.) Section 45. The Hospital Licensing Act is amended by changing Section 8 as follows: (210 ILCS 85/8) (from Ch. 111 1/2, par. 149) Sec. 8. Facility plan review; fees. (a) Before commencing construction of new facilities or specified types of alteration or additions to an existing hospital involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural plans and specifications therefor shall be submitted by the licensee to the Department for review and approval. A hospital may submit architectural
23 [April 13, 2000] drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the plans and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun. (b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial. (c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if: (1) the Department reviewed and approved or deemed approved the drawing and specifications for compliance with design and construction standards; (2) the construction, major alteration, or addition was built as submitted; (3) the law or rules have not been amended since the original approval; and (4) the conditions at the facility indicate that there is a reasonable degree of safety provided for the patients. (d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004
[April 13, 2000] 24 value. (4) If the estimated dollar value of the alteration, addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value. (5) If the estimated dollar value of the alteration, addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value. (6) If the estimated dollar value of the alteration, addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000. The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments. The fees provided in this subsection (d) shall also not apply to major construction projects if 51% or more of the estimated cost of the project is attributed to capital equipment. For major construction projects where 51% or more of the estimated cost of the project is attributed to capital equipment, the Department shall by rule establish a fee that is reasonably related to the cost of reviewing the project. The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid. (e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State treasury. All fees paid by hospitals under subsection (d) shall be used only to cover the costs relating to the Department's review of hospital projects under this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section. (f) (1) The provisions of this amendatory Act of 1997 concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997. (2) On and after the effective date of this amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications. (g) The Department shall conduct an on-site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted. (h) The Department shall establish, by rule, a procedure to conduct interim on-site review of large or complex construction projects. (i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment. (j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the
25 [April 13, 2000] number for which the facility is licensed, and provides a reasonable degree of safety for the patients. (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98.) Section 50. The Children's Health Insurance Program Act is amended by changing Section 97 as follows: (215 ILCS 106/97) (Section scheduled to be repealed on June 30, 2001) Sec. 97. Repealer. This Act is repealed on July 1, 2002
[April 13, 2000] 26 Program, provided medical service for such persons would be eligible for Federal Financial Participation, and provided the Illinois Department determines that: (a) the person requires a level of care provided by a hospital, skilled nursing facility, or intermediate care facility, as determined by a physician licensed to practice medicine in all its branches; (b) it is appropriate to provide such care outside of an institution, as determined by a physician licensed to practice medicine in all its branches; (c) the estimated amount which would be expended for care outside the institution is not greater than the estimated amount which would be expended in an institution. 8. Persons who become ineligible for basic maintenance assistance under Article IV of this Code in programs administered by the Illinois Department due to employment earnings and persons in assistance units comprised of adults and children who become ineligible for basic maintenance assistance under Article VI of this Code due to employment earnings. The plan for coverage for this class of persons shall: (a) extend the medical assistance coverage for up to 12 months following termination of basic maintenance assistance; and (b) offer persons who have initially received 6 months of the coverage provided in paragraph (a) above, the option of receiving an additional 6 months of coverage, subject to the following: (i) such coverage shall be pursuant to provisions of the federal Social Security Act; (ii) such coverage shall include all services covered while the person was eligible for basic maintenance assistance; (iii) no premium shall be charged for such coverage; and (iv) such coverage shall be suspended in the event of a person's failure without good cause to file in a timely fashion reports required for this coverage under the Social Security Act and coverage shall be reinstated upon the filing of such reports if the person remains otherwise eligible. 9. Persons with acquired immunodeficiency syndrome (AIDS) or with AIDS-related conditions with respect to whom there has been a determination that but for home or community-based services such individuals would require the level of care provided in an inpatient hospital, skilled nursing facility or intermediate care facility the cost of which is reimbursed under this Article. Assistance shall be provided to such persons to the maximum extent permitted under Title XIX of the Federal Social Security Act. 10. Participants in the long-term care insurance partnership program established under the Partnership for Long-Term Care Act who meet the qualifications for protection of resources described in Section 25 of that Act. 11. Persons with disabilities who are employed and eligible for Medicaid, pursuant to Section 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as provided by the Illinois Department by rule. The Illinois Department and the Governor shall provide a plan for coverage of the persons eligible under paragraph 7 as soon as possible after July 1, 1984. The eligibility of any such person for medical assistance under this Article is not affected by the payment of any grant under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act. The Department shall by rule establish the amounts of assets to be disregarded in determining eligibility for medical assistance, which shall at a minimum equal the amounts to be disregarded under the Federal Supplemental Security Income Program. The amount of assets of a single person to be disregarded shall not be less than $2,000, and the amount of assets of a married couple to be disregarded shall not be less than $3,000. To the extent permitted under federal law, any person found guilty
27 [April 13, 2000] of a second violation of Article VIIIA shall be ineligible for medical assistance under this Article, as provided in Section 8A-8. The eligibility of any person for medical assistance under this Article shall not be affected by the receipt by the person of donations or benefits from fundraisers held for the person in cases of serious illness, as long as neither the person nor members of the person's family have actual control over the donations or benefits or the disbursement of the donations or benefits. (Source: P.A. 91-676, eff. 12-23-99.) (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) Sec. 5-5.4. Standards of Payment - Department of Public Aid. The Department of Public Aid shall develop standards of payment of skilled nursing and intermediate care services in facilities providing such services under this Article which: (1) Provides for the determination of a facility's payment for skilled nursing and intermediate care services on a prospective basis. The amount of the payment rate for all nursing facilities certified under the medical assistance program shall be prospectively established annually on the basis of historical, financial, and statistical data reflecting actual costs from prior years, which shall be applied to the current rate year and updated for inflation, except that the capital cost element for newly constructed facilities shall be based upon projected budgets. The annually established payment rate shall take effect on July 1 in 1984 and subsequent years. Rate increases shall be provided annually thereafter on July 1 in 1984 and on each subsequent July 1 in the following years, except that no rate increase and no update for inflation shall be provided on or after July 1, 1994
[April 13, 2000] 28 of the current rate year. Should the cost report not be on file by April 1, the Department shall base the rate on the latest cost report filed by each skilled care facility and intermediate care facility, updated to the midpoint of the current rate year. In determining rates for services rendered on and after July 1, 1985, fixed time shall not be computed at less than zero. The Department shall not make any alterations of regulations which would reduce any component of the Medicaid rate to a level below what that component would have been utilizing in the rate effective on July 1, 1984. (2) Shall take into account the actual costs incurred by facilities in providing services for recipients of skilled nursing and intermediate care services under the medical assistance program. (3) Shall take into account the medical and psycho-social characteristics and needs of the patients. (4) Shall take into account the actual costs incurred by facilities in meeting licensing and certification standards imposed and prescribed by the State of Illinois, any of its political subdivisions or municipalities and by the U.S.
29 [April 13, 2000] months. Payments received by the Department in performance of the duties of the State Disbursement Unit shall be deposited into the State Disbursement Unit Revolving Fund established under Section 12-8.1. (e) By February 1, 2000, the Illinois Department shall conduct at least 4 regional training and educational seminars to educate the clerks of the circuit court on the general operation of the State Disbursement Unit, the role of the State Disbursement Unit, and the role of the clerks of the circuit court in the collection and distribution of child support payments. (f) By March 1, 2000, the Illinois Department shall conduct at least 4 regional educational and training seminars to educate payors, as defined in the Income Withholding for Support Act, on the general operation of the State Disbursement Unit, the role of the State Disbursement Unit, and the distribution of income withholding payments pursuant to this Section and the Income Withholding for Support Act. (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) (305 ILCS 5/12-4.34) (Section scheduled to be repealed on August 31, 2000) Sec. 12-4.34. Services to noncitizens. (a) Subject to specific appropriation for this purpose and notwithstanding Sections 1-11 and 3-1 of this Code, the Department of Human Services is authorized to provide services to legal immigrants, including but not limited to naturalization and nutrition services and financial assistance. The nature of these services, payment levels, and eligibility conditions shall be determined by rule. (b) The Illinois Department is authorized to lower the payment levels established under this subsection or take such other actions during the fiscal year as are necessary to ensure that payments under this subsection do not exceed the amounts appropriated for this purpose. These changes may be accomplished by emergency rule under Section 5-45 of the Illinois Administrative Procedure Act, except that the limitation on the number of emergency rules that may be adopted in a 24-month period shall not apply. (c) This Section is repealed on August 31, 2001
[April 13, 2000] 30 (3) all federal grants received by the Illinois Department funded by Title IV-D of the Social Security Act, except those federal funds received under the Title IV-D program as reimbursement for expenditures from the General Revenue Fund,
31 [April 13, 2000] the Federal government which are required to be paid by State warrant by either the State or Federal government. Disbursements from this Fund shall be by warrants drawn by the State Comptroller on receipt of vouchers duly executed and certified by the Illinois Department or any other State agency that receives an appropriation from the Fund. (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98; 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.) (305 ILCS 5/12-10.4) Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid Matching Fund. There is created in the State Treasury the Juvenile Rehabilitation Services Medicaid Matching Fund. Deposits to this Fund shall consist of all moneys received from the federal government for behavioral health services secured by counties under the Medicaid Rehabilitation Option pursuant to Title XIX of the Social Security Act or under the Children's Health Insurance Program pursuant to the Children's Health Insurance Program Act and Title XXI of the Social Security Act for minors who are committed to mental health facilities by the Illinois court system and for residential placements secured by the Department of Corrections for minors as a condition of their parole. Disbursements from the Fund shall be made, subject to appropriation, by the Illinois Department of Public Aid for grants to the Department of Corrections and those counties which secure behavioral health services ordered by the courts and which have an interagency agreement with the Department and submit detailed bills according to standards determined by the Department. (Source: P.A. 90-587, eff. 7-1-98; 91-266, eff. 7-23-99.) Section 58. The Illinois Aeronautics Act is amended by changing Section 34b as follows: (620 ILCS 5/34b) Sec. 34b. Airport Land Loan Program. (a) The Department may make loans to public airport owners for the purchase of any real estate interests as may be needed for essential airport purposes, including future needs, subject to the following conditions: (1) loans may be made only to public airport owners that are operating an airport as of January 1, 1999; and (2) loans may not be made for airports that provide scheduled commercial air service in counties of greater than 5,000,000 population. The loans are payable from the Airport Land Loan Revolving Fund, subject to appropriation. All repayments of loans made pursuant to this Section, including interest thereon and penalties, shall be deposited in the Airport Land Loan Revolving Fund. The Treasurer shall deposit all investment earnings arising from balances in the Airport Land Loan Revolving Fund in that Fund. (b) All loans under this Section shall be made by contract between the Department and the public airport owner, which contract shall include the following provisions: (1) The annual rate of interest shall be the lesser of (A) 2 percent below the Prime Rate charged by banks, as published by the Federal Reserve Board, in effect at the time the Department approves the loan, or (B) a rate determined by the Department, after consultation with the Bureau of the Budget, that will not adversely affect the tax-exempt status of interest on the bonds of the State issued in whole or in part to make deposits into the Airport Land Loan Revolving Fund, nor diminish the benefit to the State of the tax-exempt status of the interest on such bonds
[April 13, 2000] 32 determined under paragraph (2) of this Section. There shall be no penalty for early payment ahead of the payment schedule. (4) The period of loan payments shall be annual, unless by mutual agreement a period of less than one year is chosen. (5) The loan shall be secured with the land purchased, in whole or in part, with the loan and considered as collateral. The public airport owner shall assign a first priority interest in the property to the State. (6) If the loan payment is not made within 15 days after the scheduled date determined under paragraph (3) of this Section, a penalty of 10% of the payment shall be assessed. If 30 days after the scheduled payment date no payment has been received, the loan shall be considered in default. (7) As soon as a loan is considered in default, the Department shall notify the public airport owner and attempt to enter into a renegotiation of the loan payment amounts and schedule determined under paragraph (3) of this Section. In no case shall the term of the loan be extended beyond the initial term determined under paragraph (2) of this Section; nor shall the interest rate be lowered nor any interest be forgiven. If a renegotiation of loan payment amounts and schedule is obtained to the Department's satisfaction within 30 days of notification of default, then the new payment schedule shall replace the one determined by paragraph (3) of this Section and shall be used to measure compliance with the loan for purposes of default. If after 30 days of notification of default the Department has not obtained a renegotiation to its satisfaction, the Department shall declare the loan balance due and payable immediately. If the public airport owner cannot immediately pay the balance of the loan, the Department shall proceed to foreclose. (c) The Department may promulgate any rules that it finds appropriate to implement this Airport Land Loan Program. (d) The Airport Land Loan Revolving Fund is created in the State Treasury. (Source: P.A. 91-543, eff. 8-14-99.) Section 60. The Unemployment Insurance Act is amended by changing Section 1300 as follows: (820 ILCS 405/1300) (from Ch. 48, par. 540) Sec. 1300. Waiver or transfer of benefit rights - Partial exemption. (A) Except as otherwise provided herein any agreement by an individual to waive, release or commute his rights under this Act shall be void. (B) Benefits due under this Act shall not be assigned, pledged, encumbered, released or commuted and shall be exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt. However, nothing in this Section shall prohibit a specified or agreed upon deduction from benefits by an individual, or a court or administrative order for withholding of income, for payment of past due child support from being enforced and collected by the Department of Public Aid on behalf of persons receiving a grant of financial aid under Article IV of the Illinois Public Aid Code, persons for whom an application has been made and approved for support services under Section 10-1 of such Code, or persons similarly situated and receiving like support services in other states. It is provided that: (1) The aforementioned deduction of benefits and order for withholding of income apply only if appropriate arrangements have been made for reimbursement to the Director by the Department of Public Aid for any administrative costs incurred by the Director under this Section. (2) The Director shall deduct and withhold from benefits payable under this Act, or under any arrangement for the payment of benefits entered into by the Director pursuant to the powers granted under Section 2700 of this Act, the amount specified or agreed upon. In the case of a court or administrative order for
33 [April 13, 2000] withholding of income, the Director shall withhold the amount of the order. (3) Any amount deducted and withheld by the Director shall be paid to the Department of Public Aid or the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code, as directed by the Department of Public Aid, on behalf of the individual. (4) Any amount deducted and withheld under subsection (3) shall for all purposes be treated as if it were paid to the individual as benefits and paid by such individual to the Department of Public Aid or the State Disbursement Unit in satisfaction of the individual's child support obligations. (5) For the purpose of this Section, child support is defined as those obligations which are being enforced pursuant to a plan described in Title IV, Part D, Section 454 of the Social Security Act and approved by the Secretary of Health and Human Services. (6) The deduction of benefits and order for withholding of income for child support shall be governed by Titles III and IV of the Social Security Act and all regulations duly promulgated thereunder. (C) Nothing in this Section prohibits an individual from voluntarily electing to have federal income tax deducted and withheld from his or her unemployment insurance benefit payments. (1) The Director shall, at the time that an individual files his or her claim for benefits that establishes his or her benefit year, inform the individual that: (a) unemployment insurance is subject to federal, State, and local income taxes; (b) requirements exist pertaining to estimated tax payments; (c) the individual may elect to have federal income tax deducted and withheld from his or her payments of unemployment insurance in the amount specified in the federal Internal Revenue Code; and (d) the individual is permitted to change a previously elected withholding status. (2) Amounts deducted and withheld from unemployment insurance shall remain in the unemployment fund until transferred to the federal taxing authority as a payment of income tax. (3) The Director shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax. (4) Amounts shall be deducted and withheld in accordance with the priorities established in rules promulgated by the Director. (D) Nothing in this Section prohibits an individual from voluntarily electing to have State of Illinois income tax deducted and withheld from his or her unemployment insurance benefit payments if such deduction and withholding is provided for pursuant to rules promulgated by the Director. (1) If pursuant to rules promulgated by the Director, an individual may voluntarily elect to have State of Illinois income tax deducted and withheld from his or her unemployment insurance benefit payments, the Director shall, at the time that an individual files his or her claim for benefits that establishes his or her benefit year, in addition to providing the notice required under subsection C, inform the individual that: (a) the individual may elect to have State of Illinois income tax deducted and withheld from his or her payments of unemployment insurance in the amount specified pursuant to rules promulgated by the Director; and (b) the individual is permitted to change a previously elected withholding status. (2) Amounts deducted and withheld from unemployment insurance shall remain in the unemployment fund until transferred to the Department of Revenue as a payment of State of Illinois income tax. (3) Amounts shall be deducted and withheld in accordance with
[April 13, 2000] 34 the priorities established in rules promulgated by the Director. (E) Nothing in this Section prohibits the deduction and withholding of an uncollected overissuance of food stamp coupons from unemployment insurance benefits pursuant to this subsection (E). (1) At the time that an individual files a claim for benefits that establishes his or her benefit year, that individual must disclose whether or not he or she owes an uncollected overissuance (as defined in Section 13(c)(1) of the federal Food Stamp Act of 1977) of food stamp coupons. The Director shall notify the State food stamp agency enforcing such obligation of any individual who discloses that he or she owes an uncollected overissuance of food stamp coupons and who meets the monetary eligibility requirements of subsection E of Section 500. (2) The Director shall deduct and withhold from any unemployment insurance benefits payable to an individual who owes an uncollected overissuance of food stamp coupons: (a) the amount specified by the individual to the Director to be deducted and withheld under this subsection (E); (b) the amount (if any) determined pursuant to an agreement submitted to the State food stamp agency under Section 13(c)(3)(A) of the federal Food Stamp Act of 1977; or (c) any amount otherwise required to be deducted and withheld from unemployment insurance benefits pursuant to Section 13(c)(3)(B) of the federal Food Stamp Act of 1977. (3) Any amount deducted and withheld pursuant to this subsection (E) shall be paid by the Director to the State food stamp agency. (4) Any amount deducted and withheld pursuant to this subsection (E) shall for all purposes be treated as if it were paid to the individual as unemployment insurance benefits and paid by the individual to the State food stamp agency as repayment of the individual's uncollected overissuance of food stamp coupons. (5) For purposes of this subsection (E), "unemployment insurance benefits" means any compensation payable under this Act including amounts payable by the Director pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. (6) This subsection (E) applies only if arrangements have been made for reimbursement by the State food stamp agency for the administrative costs incurred by the Director under this subsection (E) which are attributable to the repayment of uncollected overissuances of food stamp coupons to the State food stamp agency. (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97; 91-212, eff. 7-20-99.) Section 99. Effective date. This Act takes effect July 1, 2000.". AMENDMENT NO. 2. Amend House Bill 4588, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 35, in line 21, by replacing "
35 [April 13, 2000] Section 14-120. 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. 1583. Senate Amendment No. 2 to HOUSE BILL NO. 1583. Passed the Senate, as amended, April 13, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1583 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 State Employees Group Insurance Act of 1971 is amended by changing Section 6.10 as follows: (5 ILCS 375/6.10) Sec. 6.10. Contributions to the Community College Health Insurance Security Fund. (a) Beginning January 1, 1999, every active contributor of the State Universities Retirement System (established under Article 15 of the Illinois Pension Code) who (1) is a full-time employee of a community college district (other than a community college district subject to Article VII of the Public Community College Act) or an association of community college boards and (2) is not an employee as defined in Section 3 of this Act shall make contributions toward the cost of community college annuitant and survivor health benefits at the rate of 0.50% of salary. These contributions shall be deducted by the employer and paid to the State Universities Retirement System as service agent for the Department of Central Management Services. The System may use the same processes for collecting the contributions required by this subsection that it uses to collect the contributions received from those employees under Section 15-157 of the Illinois Pension Code. An employer may agree to pick up or pay the contributions required under this subsection on behalf of the employee; such contributions shall be deemed to have been paid by the employee.
[April 13, 2000] 36 These contributions shall be paid by the employer to the State Universities Retirement System as service agent for the Department of Central Management Services. The System may use the same processes for collecting the contributions required by this subsection that it uses to collect the contributions received from those employers under Section 15-155 of the Illinois Pension Code. The State Universities Retirement System shall promptly deposit all moneys collected under this subsection (b) into the Community College Health Insurance Security Fund created in Section 6.9 of this Act. The moneys collected under this Section shall be used only for the purposes authorized in Section 6.9 of this Act and shall not be considered to be assets of the State Universities Retirement System. Contributions made under this Section are not transferable to other pension funds or retirement systems and are not refundable upon termination of service. (c) On or before November 15 of each year, the Board of Trustees of the State Universities Retirement System shall certify to the Governor, the Director of Central Management Services, and the State Comptroller its estimate of the total amount of contributions to be paid under subsection (a) of this Section for the next fiscal year. The certification shall include a detailed explanation of the methods and information that the Board relied upon in preparing its estimate. As soon as possible after the effective date of this Section, the Board shall submit its estimate for fiscal year 1999. (d) Beginning in fiscal year 1999, on the first day of each month, or as soon thereafter as may be practical, the State Treasurer and the State Comptroller shall transfer from the General Revenue Fund to the Community College Health Insurance Security Fund 1/12 of the annual amount appropriated for that fiscal year to the State Comptroller for deposit into the Community College Health Insurance Security Fund under Section 1.4 of the State Pension Funds Continuing Appropriation Act. (e) Except where otherwise specified in this Section, the definitions that apply to Article 15 of the Illinois Pension Code apply to this Section. (Source: P.A. 90-497, eff. 8-18-97.) Section 10. The Illinois Pension Code is amended by changing Sections 1-113.2, 1-116, 2-121, 2-121.1, 3-110, 7-139, 7-141, 7-141.1, 7-145.1, 7-157, 7-164, 7-166, 7-167, 7-184, 7-211, 8-125, 8-139, 8-153, 8-171, 8-244, 9-149, 9-194, 11-124, 11-134.2, 11-148, 11-167, 11-181, 11-182, 11-223, 13-303, 13-309, 13-310, 13-311, 13-314, 13-603, 14-118, 14-120, 14-128, 14-130, 15-107, 15-111, 15-112, 15-120, 15-134.5, 15-136.4, 15-139, 15-140, 15-141, 15-142, 15-144, 15-145, 15-154, 15-158.2, 15-181, 16-133, 16-135, 16-136.4, 16-138, 16-140, 16-143, 16-149.4, 16-184, 17-106, 17-117, 17-133, 17-150, 18-128, 20-121, 20-123, 20-124, 20-125, and 20-131 and adding Sections 1-120, 7-224, and 15-132.2 as follows: (40 ILCS 5/1-113.2) Sec. 1-113.2. List of permitted investments for all Article 3 or 4 pension funds. Any pension fund established under Article 3 or 4 may invest in the following items: (1) Interest bearing direct obligations of the United States of America. (2) Interest bearing obligations to the extent that they are fully guaranteed or insured as to payment of principal and interest by the United States of America. (3) Interest bearing bonds, notes, debentures, or other similar obligations of agencies of the United States of America. For the purposes of this Section, "agencies of the United States of America" includes: (i) the Federal National Mortgage Association and the Student Loan Marketing Association; (ii) federal land banks, federal intermediate credit banks, federal farm credit banks, and any other entity authorized to issue direct debt obligations of the United States of America under the Farm Credit Act of 1971 or amendments to that Act; (iii) federal home loan banks and the Federal Home Loan Mortgage Corporation; and (iv) any agency created by Act of Congress that is authorized to issue direct debt obligations of the United States of America.
37 [April 13, 2000] (4) Interest bearing savings accounts or certificates of deposit, issued by federally chartered banks or savings and loan associations, to the extent that the deposits are insured by agencies or instrumentalities of the federal government. (5) Interest bearing savings accounts or certificates of deposit, issued by State of Illinois chartered banks or savings and loan associations, to the extent that the deposits are insured by agencies or instrumentalities of the federal government. (6) Investments in credit unions, to the extent that the investments are insured by agencies or instrumentalities of the federal government. (7) Interest bearing bonds of the State of Illinois. (8) Pooled interest bearing accounts managed by the Illinois Public Treasurer's Investment Pool in accordance with the Deposit of State Moneys Act and interest bearing funds or pooled accounts managed, operated, and administered by banks, subsidiaries of banks, or subsidiaries of bank holding companies in accordance with the laws of the State of Illinois. (9) Interest bearing bonds or tax anticipation warrants of any county, township, or municipal corporation of the State of Illinois. (10) Direct obligations of the State of Israel, subject to the conditions and limitations of item (5.1) of Section 1-113. (11) Money market mutual funds managed by investment companies that are registered under the federal Investment Company Act of 1940 and the Illinois Securities Law of 1953 and are diversified, open-ended management investment companies; provided that the portfolio of the money market mutual fund is limited to the following: (i) bonds, notes, certificates of indebtedness, treasury bills, or other securities that are guaranteed by the full faith and credit of the United States of America as to principal and interest; (ii) bonds, notes, debentures, or other similar obligations of the United States of America or its agencies; and (iii) short term obligations of corporations organized in the United States with assets exceeding $400,000,000, provided that (A) the obligations mature no later than 180 days from the date of purchase, (B) at the time of purchase, the obligations are rated by at least 2 standard national rating services at one of their 3 highest classifications, and (C) the obligations held by the mutual fund do not exceed 10% of the corporation's outstanding obligations. (12) General accounts of life insurance companies authorized to transact business in Illinois. (13) Any combination of the following, not to exceed 10% of the pension fund's net assets: (i) separate accounts that are managed by life insurance companies authorized to transact business in Illinois and are comprised of diversified portfolios consisting of common or preferred stocks, bonds, or money market instruments;
[April 13, 2000] 38 (40 ILCS 5/1-116) (from Ch. 108 1/2, par. 1-116) Sec. 1-116. Federal contribution and benefit limitations
39 [April 13, 2000] (c) The annuity shall be payable beginning on the date of a participant's death, or the first of the month following an annuitant's death, if the spouse is then age 50 or over, or beginning at age 50 if the spouse is then under age 50. If an eligible child or children of the participant or annuitant (or a child or children of the eligible spouse meeting the criteria of item (1), (2), or (3) of subsection (d) of this Section) also survive, and the child or children are under the care of the eligible spouse, the annuity shall begin as of the date of a participant's death, or the first of the month following an annuitant's death, without regard to the spouse's age. The change to this subsection made by this amendatory Act of 1998 (relating to children of an eligible spouse) applies to the eligible spouse of a participant or annuitant who dies on or after the effective date of this amendatory Act, without regard to whether the participant or annuitant is in service on or after that effective date. (d) For the purposes of this Section and Section 2-121.1, "eligible child" means a child of the deceased participant or annuitant who is at least one of the following: (1) unmarried and under the age of 18; (2) unmarried, a full-time student, and under the age of 22; (3) dependent by reason of physical or mental disability. The inclusion of unmarried students under age 22 in the calculation of survivor's annuities by this amendatory Act of 1991 shall apply to all eligible students beginning January 1, 1992, without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act of 1991. Adopted children shall have the same status as children of the participant or annuitant, but only if the proceedings for adoption are commenced at least one year prior to the date of the participant's or annuitant's death. (e) Remarriage of a surviving spouse prior to attainment of age 55 shall disqualify the surviving spouse from the receipt of a survivor's annuity, if the remarriage occurs before the effective date of this amendatory Act of the 91st General Assembly. The changes made to this subsection by this amendatory Act of the 91st General Assembly (pertaining to remarriage prior to age 55) apply without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act. (Source: P.A. 89-136, eff. 7-14-95; 90-766, eff. 8-14-98.) (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1) Sec. 2-121.1. Survivor's annuity - amount. (a) A surviving spouse shall be entitled to 66 2/3% of the amount of retirement annuity to which the participant or annuitant was entitled on the date of death, without regard to whether the participant had attained age 55 prior to his or her death, subject to a minimum payment of 10% of salary. If a surviving spouse, regardless of age, has in his or her care at the date of death any eligible child or children of the participant, the survivor's annuity shall be the greater of the following: (1) 66 2/3% of the amount of retirement annuity to which the participant or annuitant was entitled on the date of death, or (2) 30% of the participant's salary increased by 10% of salary on account of each such child, subject to a total payment for the surviving spouse and children of 50% of salary. If eligible children survive but there is no surviving spouse, or if the surviving spouse
[April 13, 2000] 40 service or upon death of an annuitant, the maximum total payment to a surviving spouse and eligible children, or to eligible children alone if there is no surviving spouse, shall be 75% of the retirement annuity to which the participant or annuitant was entitled, unless there is a dependent disabled child among the survivors. (c) When a child ceases to be an eligible child, the annuity to that child, or to the surviving spouse on account of that child, shall thereupon cease, and the annuity payable to the surviving spouse or other eligible children shall be recalculated if necessary. Upon the ineligibility of the last eligible child, the annuity shall immediately revert to the amount payable upon death of a participant or annuitant who leaves no eligible children. If the surviving spouse is then under age 50, the annuity as revised shall be deferred until the attainment of age 50. (d) Beginning January 1, 1990, every survivor's annuity shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity, or (2) in other cases, on each January 1 occurring on or after the first anniversary of the commencement of the annuity, by an amount equal to 3% of the current amount of the annuity, including any previous increases under this Article. Such increases shall apply without regard to whether the deceased member was in service on or after the effective date of this amendatory Act of 1991, but shall not accrue for any period prior to January 1, 1990. (e) Notwithstanding any other provision of this Article, beginning January 1, 1990, the minimum survivor's annuity payable to any person who is entitled to receive a survivor's annuity under this Article shall be $300 per month, without regard to whether or not the deceased participant was in service on the effective date of this amendatory Act of 1989. (f) In the case of a proportional survivor's annuity arising under the Retirement Systems Reciprocal Act where the amount payable by the System on January 1, 1993 is less than $300 per month, the amount payable by the System shall be increased beginning on that date by a monthly amount equal to $2 for each full year that has expired since the annuity began. (Source: P.A. 86-273; 86-1488; 87-794; 87-1265.) (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110) Sec. 3-110. Creditable service. (a) "Creditable service" is the time served by a police officer as a member of a regularly constituted police force of a municipality. In computing creditable service furloughs without pay exceeding 30 days shall not be counted, but all leaves of absence for illness or accident, regardless of length, and all periods of disability retirement for which a police officer has received no disability pension payments under this Article shall be counted. (b) Creditable service includes all periods of service in the military, naval or air forces of the United States entered upon while an active police officer of a municipality, provided that upon applying for a permanent pension, and in accordance with the rules of the board, the police officer pays into the fund the amount the officer would have contributed if he or she had been a regular contributor during such period, to the extent that the municipality which the police officer served has not made such contributions in the officer's behalf. The total amount of such creditable service shall not exceed 5 years, except that any police officer who on July 1, 1973 had more than 5 years of such creditable service shall receive the total amount thereof. (c) Creditable service also includes service rendered by a police officer while on leave of absence from a police department to serve as an executive of an organization whose membership consists of members of a police department, subject to the following conditions: (i) the police officer is a participant of a fund established under this Article with at least 10 years of service as a police officer; (ii) the police officer received no credit for such service under any other retirement system, pension fund, or annuity and benefit fund included
41 [April 13, 2000] in this Code; (iii) pursuant to the rules of the board the police officer pays to the fund the amount he or she would have contributed had the officer been an active member of the police department; and (iv) the organization pays a contribution equal to the municipality's normal cost for that period of service. (d)(1) Creditable service also includes periods of service originally established in another police pension fund under this Article or in the Fund established under Article 7 of this Code for which (i) the contributions have been transferred under Section 3-110.7 or Section 7-139.9 and (ii) any additional contribution required under paragraph (2) of this subsection has been paid in full in accordance with the requirements of this subsection (d). (2) If the board of the pension fund to which creditable service and related contributions are transferred under Section 3-110.7 or 7-139.9 determines that the amount transferred is less than the true cost to the pension fund of allowing that creditable service to be established, then in order to establish that creditable service the police officer must pay to the pension fund, within the payment period specified in paragraph (3) of this subsection, an additional contribution equal to the difference, as determined by the board in accordance with the rules and procedures adopted under paragraph (6) of this subsection. (3) Except as provided in paragraph (4), the additional contribution must be paid to the board (i) within 5 years from the date of the transfer of contributions under Section 3-110.7 or 7-139.9 and (ii) before the police officer terminates service with the fund. The additional contribution may be paid in a lump sum or in accordance with a schedule of installment payments authorized by the board. (4) If the police officer dies in service before payment in full has been made and before the expiration of the 5-year payment period, the surviving spouse of the officer may elect to pay the unpaid amount on the officer's behalf within 6 months after the date of death, in which case the creditable service shall be granted as though the deceased police officer had paid the remaining balance on the day before the date of death. (5) If the additional contribution is not paid in full within the required time, the creditable service shall not be granted and the police officer (or the officer's surviving spouse or estate) shall be entitled to receive a refund of (i) any partial payment of the additional contribution that has been made by the police officer and (ii) those portions of the amounts transferred under subdivision (a)(1) of Section 3-110.7 or subdivisions (a)(1) and (a)(3) of Section 7-139.9 that represent employee contributions paid by the police officer (but not the accumulated interest on those contributions) and interest paid by the police officer to the prior pension fund in order to reinstate service terminated by acceptance of a refund. At the time of paying a refund under this item (5), the pension fund shall also repay to the pension fund from which the contributions were transferred under Section 3-110.7 or 7-139.9 the amount originally transferred under subdivision (a)(2) of that Section, plus interest at the rate of 6% per year, compounded annually, from the date of the original transfer to the date of repayment. Amounts repaid to the Article 7 fund under this provision shall be credited to the appropriate municipality. Transferred credit that is not granted due to failure to pay the additional contribution within the required time is lost; it may not be transferred to another pension fund and may not be reinstated in the pension fund from which it was transferred. (6) The Public Employee Pension Fund Division of the Department of Insurance shall establish by rule the manner of making the calculation required under paragraph (2) of this subsection, taking into account the appropriate actuarial assumptions; the police officer's service, age, and salary history; the level of funding of the pension fund to which the credits are being transferred; and any other factors that the Division determines to be relevant. The rules may require that all calculations made under paragraph (2) be reported to the Division by
[April 13, 2000] 42 the board performing the calculation, together with documentation of the creditable service to be transferred, the amounts of contributions and interest to be transferred, the manner in which the calculation was performed, the numbers relied upon in making the calculation, the results of the calculation, and any other information the Division may deem useful. (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.) (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139) Sec. 7-139. Credits and creditable service to employees. (a) Each participating employee shall be granted credits and creditable service, for purposes of determining the amount of any annuity or benefit to which he or a beneficiary is entitled, as follows: 1. For prior service: Each participating employee who is an employee of a participating municipality or participating instrumentality on the effective date shall be granted creditable service, but no credits under paragraph 2 of this subsection (a), for periods of prior service for which credit has not been received under any other pension fund or retirement system established under this Code, as follows: If the effective date of participation for the participating municipality or participating instrumentality is on or before January 1, 1998, creditable service shall be granted for the entire period of prior service with that employer without any employee contribution. If the effective date of participation for the participating municipality or participating instrumentality is after January 1, 1998, creditable service shall be granted for the last 20% of the period of prior service with that employer, but no more than 5 years, without any employee contribution. A participating employee may establish creditable service for the remainder of the period of prior service with that employer by making an application in writing, accompanied by payment of an employee contribution in an amount determined by the Fund, based on the employee contribution rates in effect at the time of application for the creditable service and the employee's salary rate on the effective date of participation for that employer, plus interest at the effective rate from the date of the prior service to the date of payment. Application for this creditable service may be made at any time while the employee is still in service. Any person who has withdrawn from the service of a participating municipality or participating instrumentality prior to the effective date, who reenters the service of the same municipality or participating instrumentality after the effective date and becomes a participating employee is entitled to creditable service for prior service as otherwise provided in this subdivision (a)(1) only if he or she renders 2 years of service as a participating employee after the effective date. Application for such service must be made while in a participating status. The salary rate to be used in the calculation of the required employee contribution, if any, shall be the employee's salary rate at the time of first reentering service with the employer after the employer's effective date of participation. 2. For current service, each participating employee shall be credited with: a. Additional credits of amounts equal to each payment of additional contributions received from him under Section 7-173, as of the date the corresponding payment of earnings is payable to him. b. Normal credits of amounts equal to each payment of normal contributions received from him, as of the date the corresponding payment of earnings is payable to him, and normal contributions made for the purpose of establishing out-of-state service credits as permitted under the conditions set forth in paragraph 6 of this subsection (a). c. Municipality credits in an amount equal to 1.4 times
43 [April 13, 2000] the normal credits, except those established by out-of-state service credits, as of the date of computation of any benefit if these credits would increase the benefit. d. Survivor credits equal to each payment of survivor contributions received from the participating employee as of the date the corresponding payment of earnings is payable, and survivor contributions made for the purpose of establishing out-of-state service credits. 3. For periods of temporary and total and permanent disability benefits, each employee receiving disability benefits shall be granted creditable service for the period during which disability benefits are payable. Normal and survivor credits, based upon the rate of earnings applied for disability benefits, shall also be granted if such credits would result in a higher benefit to any such employee or his beneficiary. 4. For authorized leave of absence without pay: A participating employee shall be granted credits and creditable service for periods of authorized leave of absence without pay under the following conditions: a. An application for credits and creditable service is submitted to the board while the employee is in a status of active employment, and within 2 years after termination of the leave of absence period for which credits and creditable service are sought. b. Not more than 12 complete months of creditable service for authorized leave of absence without pay shall be counted for purposes of determining any benefits payable under this Article. c. Credits and creditable service shall be granted for leave of absence only if such leave is approved by the governing body of the municipality, including approval of the estimated cost thereof to the municipality as determined by the fund, and employee contributions, plus interest at the effective rate applicable for each year from the end of the period of leave to date of payment, have been paid to the fund in accordance with Section 7-173. The contributions shall be computed upon the assumption earnings continued during the period of leave at the rate in effect when the leave began. d. Benefits under the provisions of Sections 7-141, 7-146, 7-150 and 7-163 shall become payable to employees on authorized leave of absence, or their designated beneficiary, only if such leave of absence is creditable hereunder, and if the employee has at least one year of creditable service other than the service granted for leave of absence. Any employee contributions due may be deducted from any benefits payable. e. No credits or creditable service shall be allowed for leave of absence without pay during any period of prior service. 5. For military service: The governing body of a municipality or participating instrumentality may elect to allow creditable service to participating employees who leave their employment to serve in the armed forces of the United States for all periods of such service, provided that the person returns to active employment within 90 days after completion of full time active duty, but no creditable service shall be allowed such person for any period that can be used in the computation of a pension or any other pay or benefit, other than pay for active duty, for service in any branch of the armed forces of the United States. If necessary to the computation of any benefit, the board shall establish municipality credits for participating employees under this paragraph on the assumption that the employee received earnings at the rate received at the time he left the employment to enter the armed forces. A participating employee in the armed forces shall not be considered an employee during such period of service and no additional death and no disability benefits are payable for death or disability during such period.
[April 13, 2000] 44 Any participating employee who left his employment with a municipality or participating instrumentality to serve in the armed forces of the United States and who again became a participating employee within 90 days after completion of full time active duty by entering the service of a different municipality or participating instrumentality, which has elected to allow creditable service for periods of military service under the preceding paragraph, shall also be allowed creditable service for his period of military service on the same terms that would apply if he had been employed, before entering military service, by the municipality or instrumentality which employed him after he left the military service and the employer costs arising in relation to such grant of creditable service shall be charged to and paid by that municipality or instrumentality. Notwithstanding the foregoing, any participating employee shall be entitled to creditable service as required by any federal law relating to re-employment rights of persons who served in the United States Armed Services. Such creditable service shall be granted upon payment by the member of an amount equal to the employee contributions which would have been required had the employee continued in service at the same rate of earnings during the military leave period, plus interest at the effective rate. 5.1. In addition to any creditable service established under paragraph 5 of this subsection (a), creditable service may be granted for up to 24 months of service in the armed forces of the United States. In order to receive creditable service for military service under this paragraph 5.1, a participating employee must (1) apply to the Fund in writing and provide evidence of the military service that is satisfactory to the Board; (2) obtain the written approval of the current employer; and (3) make contributions to the Fund equal to (i) the employee contributions that would have been required had the service been rendered as a member, plus (ii) an amount determined by the board to be equal to the employer's normal cost of the benefits accrued for that military service, plus (iii) interest on items (i) and (ii) from the date of first membership in the Fund to the date of payment. If payment is made during the 6-month period that begins 3 months after the effective date of this amendatory Act of 1997, the required interest shall be at the rate of 2.5% per year, compounded annually; otherwise, the required interest shall be calculated at the regular interest rate. 6. For out-of-state service: Creditable service shall be granted for service rendered to an out-of-state local governmental body under the following conditions: The employee had participated and has irrevocably forfeited all rights to benefits in the out-of-state public employees pension system; the governing body of his participating municipality or instrumentality authorizes the employee to establish such service; the employee has 2 years current service with this municipality or participating instrumentality; the employee makes a payment of contributions, which shall be computed at 8% (normal) plus 2% (survivor) times length of service purchased times the average rate of earnings for the first 2 years of service with the municipality or participating instrumentality whose governing body authorizes the service established plus interest at the effective rate on the date such credits are established, payable from the date the employee completes the required 2 years of current service to date of payment. In no case shall more than 120 months of creditable service be granted under this provision. 7. For retroactive service: Any employee who could have but did not elect to become a participating employee, or who should have been a participant in the Municipal Public Utilities Annuity and Benefit Fund before that fund was superseded, may receive creditable service for the period of service not to exceed 50 months; however, a current or former county board member may establish credit under this paragraph 7 for more than 50 months of
45 [April 13, 2000] service as a member of the county board if the excess over 50 months is approved by resolution of the affected county board filed with the Fund before January 1, 1999. Any employee who is a participating employee on or after September 24, 1981 and who was excluded from participation by the age restrictions removed by Public Act 82-596 may receive creditable service for the period, on or after January 1, 1979, excluded by the age restriction and, in addition, if the governing body of the participating municipality or participating instrumentality elects to allow creditable service for all employees excluded by the age restriction prior to January 1, 1979, for service during the period prior to that date excluded by the age restriction. Any employee who was excluded from participation by the age restriction removed by Public Act 82-596 and who is not a participating employee on or after September 24, 1981 may receive creditable service for service after January 1, 1979. Creditable service under this paragraph shall be granted upon payment of the employee contributions which would have been required had he participated, with interest at the effective rate for each year from the end of the period of service established to date of payment. 8. For accumulated unused sick leave: A participating employee who is applying for a retirement annuity shall be entitled to creditable service for that portion of the employee's accumulated unused sick leave for which payment is not received, as follows: a. Sick leave days shall be limited to those accumulated under a sick leave plan established by a participating municipality or participating instrumentality which is available to all employees or a class of employees. b. Only sick leave days accumulated with a participating municipality or participating instrumentality with which the employee was in service within 60 days of the effective date of his retirement annuity shall be credited; If the employee was in service with more than one employer during this period only the sick leave days with the employer with which the employee has the greatest number of unpaid sick leave days shall be considered. c. The creditable service granted shall be considered solely for the purpose of computing the amount of the retirement annuity and shall not be used to establish any minimum service period required by any provision of the Illinois Pension Code, the effective date of the retirement annuity, or the final rate of earnings. d. The creditable service shall be at the rate of 1/20 of a month for each full sick day, provided that no more than 12 months may be credited under this subdivision 8. e. Employee contributions shall not be required for creditable service under this subdivision 8. f. Each participating municipality and participating instrumentality with which an employee has service within 60 days of the effective date of his retirement annuity shall certify to the board the number of accumulated unpaid sick leave days credited to the employee at the time of termination of service. 9. For service transferred from another system: Credits and creditable service shall be granted for service under Article 3, 4, 5, 14 or 16 of this Act, to any active member of this Fund, and to any inactive member who has been a county sheriff, upon transfer of such credits pursuant to Section 3-110.3, 4-108.3, 5-235, 14-105.6 or 16-131.4, and payment by the member of the amount by which (1) the employer and employee contributions that would have been required if he had participated in this Fund as a sheriff's law enforcement employee during the period for which credit is being transferred, plus interest thereon at the effective rate for each year, compounded annually, from the date of termination of the
[April 13, 2000] 46 service for which credit is being transferred to the date of payment, exceeds (2) the amount actually transferred to the Fund. Such transferred service shall be deemed to be service as a sheriff's law enforcement employee for the purposes of Section 7-142.1. (b) Creditable service - amount: 1. One month of creditable service shall be allowed for each month for which a participating employee made contributions as required under Section 7-173, or for which creditable service is otherwise granted hereunder. Not more than 1 month of service shall be credited and counted for 1 calendar month, and not more than 1 year of service shall be credited and counted for any calendar year. A calendar month means a nominal month beginning on the first day thereof, and a calendar year means a year beginning January 1 and ending December 31. 2. A seasonal employee shall be given 12 months of creditable service if he renders the number of months of service normally required by the position in a 12-month period and he remains in service for the entire 12-month period. Otherwise a fractional year of service in the number of months of service rendered shall be credited. 3. An intermittent employee shall be given creditable service for only those months in which a contribution is made under Section 7-173. (c) No application for correction of credits or creditable service shall be considered unless the board receives an application for correction while (1) the applicant is a participating employee and in active employment with a participating municipality or instrumentality, or (2) while the applicant is actively participating in a pension fund or retirement system which is a participating system under the Retirement Systems Reciprocal Act. A participating employee or other applicant shall not be entitled to credits or creditable service unless the required employee contributions are made in a lump sum or in installments made in accordance with board rule. (d) Upon the granting of a retirement, surviving spouse or child annuity, a death benefit or a separation benefit, on account of any employee, all individual accumulated credits shall thereupon terminate. Upon the withdrawal of additional contributions, the credits applicable thereto shall thereupon terminate. Terminated credits shall not be applied to increase the benefits any remaining employee would otherwise receive under this Article. (Source: P.A. 90-448, eff. 8-16-97.) (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141) Sec. 7-141. Retirement annuities - Conditions. Retirement annuities shall be payable as hereinafter set forth: (a) A participating employee who, regardless of cause, is separated from the service of all participating municipalities and instrumentalities thereof and participating instrumentalities shall be entitled to a retirement annuity provided: 1. He is at least age 55, or in the case of a person who is eligible to have his annuity calculated under Section 7-142.1, he is at least age 50; 2. He is (i) an employee who was employed by any participating municipality or participating instrumentality which had not elected to exclude persons employed in positions normally requiring performance of duty for less than 1000 hours per year or was employed in a position normally requiring performance of duty for 600 hours or more per year prior to such election by any participating municipality or participating instrumentality included in and subject to this Article on or before the effective date of this amendatory Act of 1981 which made such election and is not entitled to receive earnings for employment in a position normally requiring performance of duty for 600 hours or more per year for any participating municipality and instrumentalities thereof and participating instrumentality; or (ii) an employee who was employed only by a participating municipality or participating instrumentality, or participating municipalities or
47 [April 13, 2000] participating instrumentalities, which have elected to exclude persons in positions normally requiring performance of duty for less than 1000 hours per year after the effective date of such exclusion or which are included under and subject to the Article after the effective date of this amendatory Act of 1981 and elects to exclude persons in such positions, and is not entitled to receive earnings for employment in a position normally requiring performance of duty for 1000 hours or more per year by such a participating municipality or participating instrumentality; 3. The amount of his annuity, before the application of paragraph (b) of Section 7-142 is at least $10 per month; 4. If he first became a participating employee after December 31, 1961, he has at least 8 years of service. This service requirement shall not apply to any participating employee, regardless of participation date, if the General Assembly terminates the Fund. (b) Retirement annuities shall be payable: 1. As provided in Section 7-119; 2. Except as provided in item 3, upon receipt by the fund of a written application
[April 13, 2000] 48 incentive program for its employees under this Section. The decision of a city, village, or incorporated town to consider or establish an early retirement program is at the sole discretion of that city, village, or incorporated town, and nothing in this amendatory Act of 1997 limits or otherwise diminishes this discretion. Nothing contained in this Section shall be construed to require a city, village, or incorporated town to establish an early retirement program and no city, village, or incorporated town may be compelled to implement such a program. The benefits provided in this Section are available only to members employed by a participating employer that has filed with the Board of the Fund a resolution or ordinance expressly providing for the creation of an early retirement incentive program under this Section for its employees and specifying the effective date of the early retirement incentive program. Subject to the limitation in subsection (h), an employer may adopt a resolution or ordinance providing a program of early retirement incentives under this Section at any time. The resolution or ordinance shall be in substantially the following form: RESOLUTION (ORDINANCE) NO. .... A RESOLUTION (ORDINANCE) ADOPTING AN EARLY RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES IN THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, Section 7-141.1 of the Illinois Pension Code provides that a participating employer may elect to adopt an early retirement incentive program offered by the Illinois Municipal Retirement Fund by adopting a resolution or ordinance; and WHEREAS, The goal of adopting an early retirement program is to realize a substantial savings in personnel costs by offering early retirement incentives to employees who have accumulated many years of service credit; and WHEREAS, Implementation of the early retirement program will provide a budgeting tool to aid in controlling payroll costs; and WHEREAS, The (name of governing body) has determined that the adoption of an early retirement incentive program is in the best interests of the (name of participating employer); therefore be it RESOLVED (ORDAINED) by the (name of governing body) of (name of participating employer) that: (1) The (name of participating employer) does hereby adopt the Illinois Municipal Retirement Fund early retirement incentive program as provided in Section 7-141.1 of the Illinois Pension Code. The early retirement incentive program shall take effect on (date). (2) In order to help achieve a true cost savings, a person who retires under the early retirement incentive program shall lose those incentives if he or she later accepts employment with any IMRF employer in a position for which participation in IMRF is required or is elected by the employee. (3) In order to utilize an early retirement incentive as a budgeting tool, the (name of participating employer) will use its best efforts either to limit the number of employees who replace the employees who retire under the early retirement program or to limit the salaries paid to the employees who replace the employees who retire under the early retirement program. (4) The effective date of each employee's retirement under this early retirement program shall be set by (name of employer) and shall be no earlier than the effective date of the program and no later than one year after that effective date; except that the employee may require that the retirement date set by the employer be no later than the June 30 next occurring after the effective date of the program and no earlier than the date upon which the employee qualifies for retirement. (5) To be eligible for the early retirement incentive under this Section, the employee must have attained age 50 and have at least 20 years of creditable service by his or her retirement date. (6) The (clerk or secretary) shall promptly file a certified copy of this resolution (ordinance) with the Board of Trustees of the
49 [April 13, 2000] Illinois Municipal Retirement Fund. CERTIFICATION I, (name), the (clerk or secretary) of the (name of participating employer) of the County of (name), State of Illinois, do hereby certify that I am the keeper of the books and records of the (name of employer) and that the foregoing is a true and correct copy of a resolution (ordinance) duly adopted by the (governing body) at a meeting duly convened and held on (date). SEAL (Signature of clerk or secretary) (c) To be eligible for the benefits provided under an early retirement incentive program adopted under this Section, a member must: (1) be a participating employee of this Fund who, on the effective date of the program, (i) is in active payroll status as an employee of a participating employer that has filed the required ordinance or resolution with the Board, (ii) is on layoff status from such a position with a right of re-employment or recall to service, (iii) is on a leave of absence from such a position, or (iv) is on disability but has not been receiving benefits under Section 7-146 or 7-150 for a period of more than 2 years from the date of application; (2) have never previously received a retirement annuity under this Article or under the Retirement Systems Reciprocal Act using service credit established under this Article; (3) (blank);
[April 13, 2000] 50 member must pay to the Fund an employee contribution consisting of 4.5% of the member's highest annual salary rate used in the determination of the final rate of earnings for retirement annuity purposes for each year of creditable service granted under this Section. For creditable service established under this Section by a person who is a sheriff's law enforcement employee to be deemed service as a sheriff's law enforcement employee, the employee contribution shall be at the rate of 6.5% of highest annual salary per year of creditable service granted. Contributions for fractions of a year of service shall be prorated. Any amounts that are disregarded in determining the final rate of earnings under subdivision (d)(5) of Section 7-116 (the 125% rule) shall also be disregarded in determining the required contribution under this subsection (f). The employee contribution shall be paid to the Fund as follows: If the member is entitled to a lump sum payment for accumulated vacation, sick leave, or personal leave upon withdrawal from service, the employer shall deduct the employee contribution from that lump sum and pay the deducted amount directly to the Fund. If there is no such lump sum payment or the required employee contribution exceeds the net amount of the lump sum payment, then the remaining amount due, at the option of the employee, may either be paid to the Fund before the annuity commences or deducted from the retirement annuity in 24 equal monthly installments. (g) An annuitant who has received any age enhancement or creditable service under this Section and thereafter accepts employment with or enters into a personal services contract with an employer under this Article thereby forfeits that age enhancement and creditable service. A person forfeiting early retirement incentives under this subsection (i) must repay to the Fund that portion of the retirement annuity already received which is attributable to the early retirement incentives that are being forfeited, (ii) shall not be eligible to participate in any future early retirement program adopted under this Section, and (iii) is entitled to a refund of the employee contribution paid under subsection (f). The Board shall deduct the required repayment from the refund and may impose a reasonable payment schedule for repaying the amount, if any, by which the required repayment exceeds the refund amount. (h) The additional unfunded liability accruing as a result of the adoption of a program of early retirement incentives under this Section by an employer shall be amortized over a period of 10 years beginning on January 1 of the second calendar year following the calendar year in which the latest date for beginning to receive a retirement annuity under the program (as determined by the employer under subsection (d) of this Section) occurs; except that the employer may provide for a shorter amortization period (of no less than 5 years) by adopting an ordinance or resolution specifying the length of the amortization period and submitting a certified copy of the ordinance or resolution to the Fund no later than 6 months after the effective date of the program. An employer, at its discretion, may accelerate payments to the Fund. An employer may provide more than one early retirement incentive program for its employees under this Section. However, an employer that has provided an early retirement incentive program for its employees under this Section may not provide another early retirement incentive program under this Section until the liability arising from the earlier program has been fully paid to the Fund. (Source: P.A. 89-329, eff. 8-17-95; 90-32, eff. 6-27-97.) (40 ILCS 5/7-145.1) Sec. 7-145.1. Alternative annuity for county officers. (a) The benefits provided in this Section and Section 7-145.2 are available only if the county board has filed with the Board of the Fund a resolution or ordinance expressly consenting to the availability of these benefits for its elected county officers. The county board's consent is irrevocable with respect to persons participating in the program, but may be revoked at any time with respect to persons who have not paid an additional optional contribution under this Section
51 [April 13, 2000] before the date of revocation. An elected county officer may elect to establish alternative credits for an alternative annuity by electing in writing to make additional optional contributions in accordance with this Section and procedures established by the board. These alternative credits are available only for periods of service as an elected county officer. The elected county officer may discontinue making the additional optional contributions by notifying the Fund in writing in accordance with this Section and procedures established by the board. Additional optional contributions for the alternative annuity shall be as follows: (1) For service as an elected county officer after the option is elected, an additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Section 7-173. (2) For service as an elected county officer before the option is elected, an additional contribution of 3% of the salary for the applicable period of service, plus interest at the effective rate from the date of service to the date of payment, plus any additional amount required by the county board under paragraph (3). All payments for past service must be paid in full before credit is given. (3) With respect to service as an elected county officer before the option is elected, if payment is made after the county board has filed with the Board of the Fund a resolution or ordinance requiring an additional contribution under this paragraph, then the contribution required under paragraph (2) shall include an amount to be determined by the Fund, equal to the actuarial present value of the additional employer cost that would otherwise result from the alternative credits being established for that service. A county board's resolution or ordinance requiring additional contributions under this paragraph (3) is irrevocable. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the effective rate from the date of refund to the date of repayment. (b) In lieu of the retirement annuity otherwise payable under this Article, an elected county officer who (1) has elected to participate in the Fund and make additional optional contributions in accordance with this Section, (2) has held and made additional optional contributions with respect to the same elected county office for at least 8 years, and (3) has attained age 55 with at least 8 years of service credit (or has attained age 50 with at least 20 years of service as a sheriff's law enforcement employee) may elect to have his retirement annuity computed as follows: 3% of the participant's salary for each of the first 8 years of service credit, plus 4% of that salary for each of the next 4 years of service credit, plus 5% of that salary for each year of service credit in excess of 12 years, subject to a maximum of 80% of that salary. This formula applies only to service in an elected county office that the officer held for at least 8 years, and only to service for which additional optional contributions have been paid under this Section. If an elected county officer qualifies to have this formula applied to service in more than one elected county office, the qualifying service shall be accumulated for purposes of determining the applicable accrual percentages, but the salary used for each office shall be the separate salary calculated for that office, as defined in subsection (g). To the extent that the elected county officer has service credit that does not qualify for this formula, his retirement annuity will first be determined in accordance with this formula with respect to the service to which this formula applies, and then in accordance with the remaining Sections of this Article with respect to the service to which this formula does not apply. (c) In lieu of the disability benefits otherwise payable under this Article, an elected county officer who (1) has elected to
[April 13, 2000] 52 participate in the Fund, and (2) has become permanently disabled and as a consequence is unable to perform the duties of his office, and (3) was making optional contributions in accordance with this Section at the time the disability was incurred, may elect to receive a disability annuity calculated in accordance with the formula in subsection (b). For the purposes of this subsection, an elected county officer shall be considered permanently disabled only if: (i) disability occurs while in service as an elected county officer and is of such a nature as to prevent him from reasonably performing the duties of his office at the time; and (ii) the board has received a written certification by at least 2 licensed physicians appointed by it stating that the officer is disabled and that the disability is likely to be permanent. (d) Refunds of additional optional contributions shall be made on the same basis and under the same conditions as provided under Section 7-166, 7-167 and 7-168. Interest shall be credited at the effective rate on the same basis and under the same conditions as for other contributions. If an elected county officer fails to hold that same elected county office for at least 8 years, he or she shall be entitled after leaving office to receive a refund of the additional optional contributions made with respect to that office, plus interest at the effective rate. (e) The plan of optional alternative benefits and contributions shall be available to persons who are elected county officers and active contributors to the Fund on or after November 15, 1994. A person who was an elected county officer and an active contributor to the Fund on November 15, 1994 but is no longer an active contributor may apply to make additional optional contributions under this Section at any time within 90 days after the effective date of this amendatory Act of 1997; if the person is an annuitant, the resulting increase in annuity shall begin to accrue on the first day of the month following the month in which the required payment is received by the Fund. (f) For the purposes of this Section and Section 7-145.2, the terms "elected county officer" and "elected county office" include, but are not limited to: (1) the county clerk, recorder, treasurer, coroner, assessor (if elected), auditor, sheriff, and State's Attorney; members of the county board; and the clerk of the circuit court; and (2) a person who has been appointed to fill a vacancy in an office that is normally filled by election on a countywide basis, for the duration of his or her service in that office. The terms "elected county officer" and "elected county office" do not include any officer or office of a county that has not consented to the availability of benefits under this Section and Section 7-145.2. (g) For the purposes of this Section and Section 7-145.2, the term "salary" means the final rate of earnings for the elected county office held, calculated in a manner consistent with Section 7-116, but for that office only. If an elected county officer qualifies to have the formula in subsection (b) applied to service in more than one elected county office, a separate salary shall be calculated and applied with respect to each such office. (h) The changes to this Section made by this amendatory Act of the 91st General Assembly apply to persons who first make an additional optional contribution under this Section on or after the effective date of this amendatory Act. (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00.) (40 ILCS 5/7-157) (from Ch. 108 1/2, par. 7-157) Sec. 7-157. Surviving spouse annuities - marriage to terminate. If a
53 [April 13, 2000] drawing disability benefits) with a participating municipality or participating instrumentality, an amount equal to the sum of: (a) The employee's normal, additional and survivor credits, including interest credited thereto through the end of the preceding calendar year, but excluding credits and interest thereon allowed for periods of disability. (b) An amount equal to the employee's annual final rate of earnings. An employee who dies as a result of injuries connected with his duties shall be considered to have a year of service for purposes of this benefit. 2. Upon the death of an employee with less than 1 year of service occurring while in the service of any participating municipality or instrumentality, an amount equal to the sum of his accumulated normal, additional and survivor credits on the date of death, excluding those credits and interest thereon allowed during periods of disability. 3. Upon the death of an employee who has separated from service and was not entitled to a retirement annuity on the date of death, an amount equal to the sum of his accumulated normal, survivor and additional credits on the date of death excluding those credits and interest thereon allowed during periods of disability. 4. Upon the death of an employee in an employment relationship, or an employee who has service and was entitled to a retirement annuity on the date of death, when a surviving spouse or child annuity is awarded, $3,000. 5. Upon the death of an employee, who has separated from service and was entitled to a retirement annuity on the date of death, and no surviving spouse or child annuity is awarded, $3,000 plus an amount equal to his accumulated normal, survivor and additional credits on the date of death, excluding those credits and interest earned thereon allowed during periods of disability. 6. Upon the death of an employee annuitant, $3,000 and, unless a surviving spouse, child or reversionary annuity is payable, the sum of (i) the excess of the normal and survivor credits, excluding those allowed during periods of disability, which the annuitant had as of the effective date of his annuity over the total annuities paid pursuant to paragraph (a) 1 of Section 7-142 to the date of death, plus (ii) the excess of the additional credits, excluding any such credits used to create a reversionary annuity, used to provide the annuity granted pursuant to paragraph (a) 2 of Section 7-142 over the total annuity payments made pursuant thereto to the time of death. 7. Upon the death of an annuitant receiving a reversionary annuity or of a person designated to receive a reversionary annuity prior to the receipt of such annuity the sum of the additional credits of the person creating the reversionary annuity as of the effective date of his own retirement annuity over the reversionary annuity payments, if any, made prior to the date of death of such annuitant or person designated to receive the reversionary annuity. 8. Upon the death of an annuitant receiving a beneficiary annuity which was effective before January 1, 1986, the excess of the death benefit which was used to provide the annuity, over the sum of all annuity payments made to the beneficiary. Upon the death of an annuitant receiving a beneficiary annuity effective January 1, 1986 or thereafter, the sum of (i) the excess of the normal and survivor credits, excluding those allowed during periods of disability, which the annuitant had as of the effective date of his annuity over the total annuities paid pursuant to paragraph (c) of Section 7-165, to date of death, plus (ii) the excess of the additional credits, excluding any such credits used to create a reversionary annuity, used to provide the annuity granted pursuant to paragraph (d) of Section 7-165 over the total annuity payments made pursuant thereto to the time of death. 9. Upon the marriage prior to reaching age 55 (except for a surviving spouse who remarries after December 31, 2000) or death of a person receiving a surviving spouse annuity, unless a child annuity is payable, the sum of (i) the excess of the normal and survivor credits, excluding those credits and interest thereon allowed during periods of
[April 13, 2000] 54 disability, attributable to the employee at the effective date of the annuity or date of death, whichever first occurred, over the total of all annuity payments attributable to paragraph (a) 1 of Section 7-142 made to the employee or surviving spouse plus (ii) the excess of the additional credits, excluding any such credits used to create a reversionary annuity or used to provide the annuity attributable to paragraph (a) 2 of Section 7-142 over the total of such payments. 10. Upon the marriage, death or attainment of age 18 of a child receiving a child annuity, if no other child annuities are payable, the sum of (i) the excess of the normal and survivor credits excluding those credits and interest thereon allowed during periods of disability, of the employee at the effective date of the annuity or date of death, whichever first occurred, over the total annuity payments attributable to paragraph (a) 1 of Section 7-142 made to the employee, surviving spouse and children plus (ii) the excess of the additional credits, excluding any such credits used to create a reversionary annuity, used to provide the annuity attributable to paragraph (a) 2 of Section 7-142 over the total annuity payments made to the employee, surviving spouse and children, pursuant thereto. 11. Upon the death of the participating employee whose annuity was suspended upon his return to employment: a. If a surviving spouse or child annuity is awarded, $3,000; b. If no surviving spouse or child annuity is awarded and he had less than one year's service upon return, $3,000 plus the excess of the normal, survivor and additional credits, including interest thereon, but excluding those allowed during a period of disability, at the effective date of the suspended annuity, plus those allowed after his return, over all annuity payments made to the employee; c. If no surviving spouse or child annuity is awarded and he has one year or more of service upon return, the higher of (a) the payment under subparagraph b of this paragraph or (b) the payment under paragraph 1 of this Section, taking into consideration only the service and credits allowed after his return, plus the excess of the normal, survivor and additional credits, including interest thereon, excluding those allowed during periods of disability, at the effective date of his suspended annuity over all annuity payments made to the employee. 12. The $3,000 death benefit provided in paragraphs 4 and 6 shall not be payable to beneficiaries of persons who terminated service prior to September 8, 1971, unless the payment or agreement for payment provided by Section 7-144.2 of this Article is made prior to the date of death. 13. The increase in certain death benefits from $1,000 to $3,000 provided by this amendatory Act of 1987 shall apply only to deaths occurring on or after January 1, 1988. (Source: P.A. 85-941.) (40 ILCS 5/7-166) (from Ch. 108 1/2, par. 7-166) Sec. 7-166. Separation benefits - Eligibility. Separation benefits shall be payable as hereinafter set forth: 1. Upon separation from the service of all participating municipalities and instrumentalities thereof and participating instrumentalities, any participating employee
55 [April 13, 2000] shall be paid in the form of a single cash sum as soon as practicable after receipt by the board of: 1. a written application by the employee for such benefits; and 2. written notice from the last employing participating municipality or instrumentality thereof or participating instrumentality, certifying that such participating employee has separated from service
[April 13, 2000] 56 For annuities taking effect before January 1, 1998, the first payment shall be due and payable one month after the occurrence of the event upon which payment of the annuity depends, and the last payment shall be due and payable as of the date of the annuitant's death and shall be prorated from the date of the last preceding payment to the date of death for deaths that occur on or before March 31, 2000. All payments made on or after April 1, 2000 shall be made on the first day of the calendar month and the last payment shall be made on the first day of the calendar month in which the annuity payment period ends. All payments for months beginning with April of 2000 shall be for the entire calendar month, without proration. A pro rata amount shall be paid for that part of the month from the March 2000 annuity payment date through March 31, 2000. For annuities taking effect on or after January 1, 1998, payments shall be made as of the first day of the calendar month, with the first payment to be made as of the first day of the calendar month coincidental with or next following the first day of the annuity payment period, and the last payment to be made as of the first day of the calendar month in which the annuity payment period ends. For annuities taking effect on or after January 1, 1998, all payments shall be for the entire calendar month, without proration. For the purposes of this Section, the "annuity payment period" means the period beginning on the day after the occurrence of the event upon which payment of the annuity depends, and ending on the day upon which the death of the annuitant or other event terminating the annuity occurs. (Source: P.A. 90-31, eff. 6-27-97.) (40 ILCS 5/8-139) (from Ch. 108 1/2, par. 8-139) Sec. 8-139. Reversionary annuity. (a) An employee, prior to retirement on annuity, may elect to take a lesser amount of annuity and provide, with the actuarial value of the amount by which his annuity is reduced, a reversionary annuity for a wife, husband, parent, child, brother or sister. The option shall be exercised by filing a written designation with the board prior to retirement, and may be revoked by the employee at any time before retirement. The death of the employee prior to his retirement shall automatically void the option. (b) The death of the designated reversionary annuitant prior to the employee's retirement shall automatically void the option. If the reversionary annuitant dies after the employee's retirement, and before the death of the employee annuitant, the reduced annuity being paid to the retired employee annuitant shall be increased to the amount of annuity before reduction for the reversionary annuity and no reversionary annuity shall be payable. The option is subject to the further condition that no reversionary annuity shall be paid to a parent, child, brother, or sister if the employee dies before the expiration of 365 days from the date his written designation was filed with the board, even though he has retired and is receiving a reduced annuity. (c) The employee exercising this option shall not reduce his retirement annuity by more than $400 a month, or elect to provide a reversionary annuity of less than $50 per month. No option shall be permitted if the reversionary annuity for a widow, when added to the widow's annuity payable under this Article, exceeds 100% of the reduced annuity payable to the employee. (d) A reversionary annuity shall begin on the day following the death of the annuitant and shall be paid as provided in Section 8-125. (e) The increases in annuity provided in Section 8-137 of this Article shall, as to an employee so electing a reduced annuity relate to the amount of the original annuity, and such amount shall constitute the annuity on which such automatic increases shall be based. (f) For annuities elected after June 30, 1983, the amount of the monthly reversionary annuity shall be determined by multiplying the amount of the monthly reduction in the employee's annuity by the factor in the following table based on the age of the employee and the difference in the age of the employee and the age of the reversionary
57 [April 13, 2000] annuitant at the starting date of the employee's annuity: Employee's Age Reversionary Annuitant's Age 50-51 52-54 55-57 58-60 61-63 64-66 67-69 70 & Over 30 or more years younger 3.03 2.56 2.18 1.84 1.55 1.29 1.08 0.91 25-29 years younger 3.16 2.68 2.29 1.94 1.63 1.37 1.15 0.97 20-24 years younger 3.35 2.85 2.44 2.07 1.75 1.48 1.25 1.06 15-19 years younger 3.60 3.08 2.65 2.26 1.92 1.63 1.39 1.19 10-14 years younger 3.96 3.40 2.94 2.53 2.16 1.85 1.59 1.37 5-9 years younger 4.46 3.84 3.35 2.90 2.51 2.16 1.88 1.64 0-4 years younger 5.15 4.47 3.93 3.44 3.00 2.61 2.29 2.02 1-5 years older 6.12 5.36 4.76 4.21 3.71 3.26 2.88 2.56 6-10 years older 7.48 6.61 5.93 5.30 4.71 4.16 3.70 3.29 11-15 years older 9.37 8.35 7.58 6.83 6.11 5.40 4.82 4.32 16-20 years older 11.99 10.78 9.84 8.93 8.02 7.13 6.43 5.87 21-25 years older 15.59 14.06 12.91 11.82 10.73 9.66 8.88 8.35 26-30 years older 20.42 18.49 17.15 15.96 14.80 13.65 12.97 12.82 31 or more years older 27.07 24.72 23.34 22.32 21.45 20.62 20.85 23.28 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.) (40 ILCS 5/8-153) (from Ch. 108 1/2, par. 8-153) Sec. 8-153. Widow's remarriage
[April 13, 2000] 58 there is any child of the employee who is under 18 years of age, the part of any such amount that is required to pay an annuity to the child shall be transferred to the child's annuity reserve. In making refunds under this Section, no interest shall be paid upon either the total of annuity payments made or the amounts subject to refund. Any refund shall be paid according to the provisions of Section 8-170.
59 [April 13, 2000] become payable to him in the event of his separation from service; and (3) the board, in its discretion, may pay to the wife of any annuitant, pensioner, refund applicant, or disability beneficiary, such an amount out of her husband's annuity pension, refund, or disability benefit as any court of competent jurisdiction may order, or such an amount as the board may consider necessary for the support of his wife or children, or both in the event of his disappearance or unexplained absence or of his failure to support such wife or children. (c) The board may retain out of any future annuity, pension, refund or disability benefit payments, such amount, or amounts, as it may require for the repayment of any moneys paid to any annuitant, pensioner, refund applicant, or disability beneficiary through misrepresentation, fraud or error. Any such action of the board shall relieve and release the board and the fund from any liability for any moneys so withheld. (d) Whenever an annuity or disability benefit is payable to a minor or to a person certified by a medical doctor
[April 13, 2000] 60 The board may enter into agreements and execute documents that it determines to be necessary to complete any investment transaction. All investments shall be clearly held and accounted for to indicate ownership by the board. The board may direct the registration of securities in its own name or in the name of a nominee created for the express purpose of registration of securities by a savings and loan association or national or State bank or trust company authorized to conduct a trust business in the State of Illinois. Investments shall be carried at cost or at a value determined in accordance with generally accepted accounting principles. (Source: P.A. 82-960.) (40 ILCS 5/11-124) (from Ch. 108 1/2, par. 11-124) Sec. 11-124. Annuity. "Annuity": Equal monthly payments for life, unless terminated earlier under Section 11-148, 11-152, 11-153, or 11-230. For annuities taking effect before January 1, 1998, the first payment shall be due and payable one month after the occurrence of the event upon which payment of the annuity depends. Until August 1, 1999,
61 [April 13, 2000] widow's annuity payable under this Article, exceeds 100% of the reduced annuity payable to the employee. (d) A reversionary annuity shall begin on the day following the death of the annuitant and shall be paid as provided in Section 11-124. (e) The increases in annuity provided in Section 11-134.1 of this Article shall, as to an employee so electing a reduced annuity, relate to the amount of the original annuity, and such amount shall constitute the annuity on which such increases shall be based. (f) For annuities elected after June 30, 1983, the amount of the monthly reversionary annuity shall be determined by multiplying the amount of the monthly reduction in the employee's annuity by the factor in the following table based on the age of the employee and the difference in the age of the employee and the age of the reversionary annuitant at the starting date of the employee's annuity: Employee's Age Reversionary Annuitant's Age 50-51 52-54 55-57 58-60 61-63 64-66 67-69 70 & Over 30 or more years younger 3.03 2.56 2.18 1.84 1.55 1.29 1.08 0.91 25-29 years younger 3.16 2.68 2.29 1.94 1.63 1.37 1.15 0.97 20-24 years younger 3.35 2.85 2.44 2.07 1.75 1.48 1.25 1.06 15-19 years younger 3.60 3.08 2.65 2.26 1.92 1.63 1.39 1.19 10-14 years younger 3.96 3.40 2.94 2.53 2.16 1.85 1.59 1.37 5-9 years younger 4.46 3.84 3.35 2.90 2.51 2.16 1.88 1.64 0-4 years younger 5.15 4.47 3.93 3.44 3.00 2.61 2.29 2.02 1-5 years older 6.12 5.36 4.76 4.21 3.71 3.26 2.88 2.56 6-10 years older 7.48 6.61 5.93 5.30 4.71 4.16 3.70 3.29 11-15 years older 9.37 8.35 7.58 6.83 6.11 5.40 4.82 4.32 16-20 years older 11.99 10.78 9.84 8.93 8.02 7.13 6.43 5.87 21-25 years older 15.59 14.06 12.91 11.82 10.73 9.66 8.88 8.35 26-30 years older 20.42 18.49 17.15 15.96 14.80 13.65 12.97 12.82 31 or more years older 27.07 24.72 23.34 22.32 21.45 20.62 20.85 23.28 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.) (40 ILCS 5/11-148) (from Ch. 108 1/2, par. 11-148) Sec. 11-148. Widow's remarriage
[April 13, 2000] 62 annuity shall terminate when she remarries if the marriage takes place before the date 60 days after the effective date of this amendatory Act of the 91st General Assembly. If a widow remarries 60 or more days after the effective date of this amendatory Act of the 91st General Assembly, the widow's annuity shall continue without interruption. When a widow dies, if she has not received, in the form of an annuity, an amount equal to the total sum accumulated to his credit from employee's contributions and applied for the widow's annuity, the difference between such accumulated annuity credits and the amount received by her in annuity payments shall be refunded to her, provided, that if a reversionary annuity is payable if to her, or to any other person designated by the employee, such aforesaid amount shall not be refunded but the reversionary annuity shall be payable. If there is any child of the employee who is under 18 years of age, the part of any such amount that is required to pay an annuity to the child shall be transferred to the child's annuity reserve. In making refunds under this Section, no interest shall be paid upon either the total of annuity payments made or the amounts subject to refund. Any refund shall be paid according to the provisions of Section 11-166.
63 [April 13, 2000] be appointed by the City Treasurer of the city, who may be himself or a person chosen from among employees of the city who are versed in the affairs of the City Treasurer's office; one member shall be an employee of the city appointed by the president of the local labor organization representing a majority of the employees participating in the Fund; and 2 members shall be appointed by the civil service commission or the Department of Personnel of the city from among employees of the city who are versed in the affairs of the civil service commission's office or the Department of Personnel. The member appointed by the comptroller shall hold office for a term ending on December 1st of the first year following the year of appointment. The member appointed by the City Treasurer shall hold office for a term ending on December 1st of the second year following the year of appointment. The member appointed by the civil service commission shall hold office for a term ending on the first day in the month of December of the third year following the year of appointment. The additional member appointed by the civil service commission under this amendatory Act of 1998 shall hold office for an initial term ending on December 1, 2000, and the member appointed by the labor organization president shall hold office for an initial term ending on December 1, 2001. Thereafter each appointive member shall be appointed by the officer or body that appointed his predecessor, for a term of 3 years. The 2 employee members of the board shall be elected as follows: Within 30 days from and after the appointive members have been appointed and have qualified, the appointive members shall arrange for and hold an election. One employee shall be elected for a term ending on December 1st of the first year next following the effective date; one for a term ending on December 1st of the following year. The initial annuitant member shall be appointed by the other members of the board for an initial term ending on December 1, 1999.
[April 13, 2000] 64 by the city clerk or any person designated by the city clerk. A copy thereof shall be kept in the office of the city clerk. Any appointment shall be in writing and the written instrument shall be filed with the oath. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/11-223) (from Ch. 108 1/2, par. 11-223) Sec. 11-223. Annuities, etc., exempt. (a) All annuities, refunds, pensions, and disability benefits granted under this Article shall be exempt from attachment or garnishment process and shall not be seized, taken, subjected to, detained, or levied upon by virtue of any judgment, or any process or proceeding whatsoever issued out of or by any court in this State, for the payment and satisfaction in whole or in part of any debt, damage, claim, demand, or judgment against any annuitant, participant, refund applicant, or other beneficiary hereunder. No annuitant, refund applicant, or other beneficiary may transfer or assign his annuity, refund, or disability benefit or any part thereof by way of mortgage or otherwise, except as provided in Section 11-223.1, and except in the case of refunds, when a participant has pledged by assignment, power of attorney, or otherwise, as security for a loan from a legally operating credit union making loans only to participants in certain public employee pension funds described in the Illinois Pension Code, all or part of any refund which may become payable to him in the event of his separation from service. The board in its discretion may, however, pay to the wife or to the unmarried child under 18 years of age of any annuitant, refund applicant, or disability beneficiary, such an amount out of her husband's annuity refund, or disability benefit as any court may order, or such an amount as the board may consider necessary for the support of his wife or children or both in the event of his disappearance or unexplained absence or of his failure to support such wife or children. (b) The board may retain out of any future annuity, refund, or disability benefit payments
65 [April 13, 2000] disability beneficiary had died on the date of disappearance. If he returns, or upon satisfactory proof of his being alive, the amount theretofore paid to such beneficiaries shall be charged against any moneys payable to him under this Article as though such payment to such beneficiaries had been an allowance to them out of the moneys payable to the employee as an annuitant, applicant for refund or disability beneficiary. (Source: P.A. 83-706.) (40 ILCS 5/13-303) (from Ch. 108 1/2, par. 13-303) Sec. 13-303. Reversionary annuity. (a) An employee, prior to retirement on annuity, may elect a lesser amount of annuity and provide, with the actuarial value of the amount by which his annuity is reduced, a reversionary annuity for a wife, husband, parents, children, brothers or sisters. The election may be exercised by filing a written designation with the Board prior to retirement, and may be revoked by the employee at any time before retirement. The death of the employee prior to retirement shall automatically void the election. (b) The death of the designated reversionary annuitant prior to the employee's retirement shall automatically void the election, but, if death of the designated reversionary annuitant occurs after retirement, the reduced annuity being paid to the retired employee annuitant shall remain unchanged and no reversionary annuity shall be payable. No reversionary annuity shall be paid if the employee dies before the expiration of 730 days from the date the written designation was filed with the board, even though the employee retired and was receiving a reduced annuity. (c) An employee exercising this option shall not reduce the annuity by more than 25%, nor elect to provide a reversionary annuity of less than $100 per month. No such option shall be permitted if the reversionary annuity for a surviving spouse, when added to the surviving spouse's annuity payable under this Article, exceeds 85% of the reduced annuity payable to the employee. (d) A reversionary annuity shall begin on the day following the death of the annuitant, with the first payment due and payable one month later, and shall continue monthly thereafter until the death of the reversionary annuitant. (e) The increases in annuity provided in Section 13-302(d) shall, as to an employee so electing a reduced annuity, relate to the amount of reduced annuity, and such lesser amount shall constitute the annuity on which such increases shall be based. (f) For determining the actuarial value under this option of the employee's annuity and the reversionary annuity, the Fund shall use an actuarial table recommended by the Fund's actuarial consultant and approved by the Board of Trustees
[April 13, 2000] 66 Unless the employer acknowledges that the disability is a result of injury or illness compensable under the Workers' Compensation Act or the Workers' Occupational Diseases Act, the duty disability benefit shall not be payable until the issue of compensability under those Acts is finally adjudicated. The period of disability shall be as determined by the Illinois Industrial Commission or acknowledged by the employer. The first payment shall be made not later than one month after the benefit is granted, and subsequent payments shall be made at least monthly. The Board shall by rule prescribe for the payment of such benefits on the basis of the amount of salary lost during the period of disability. (b) The benefit shall be allowed only if the following requirements are met by the employee: (1) Application is made to the Board within 90 days from the date disability begins; (2) A medical report is submitted by at least one licensed and practicing physician as part of the employee's application; and (3) The employee is examined by at least one licensed and practicing physician appointed by the Board and found to be in a disabled physical condition, and shall be re-examined at least annually thereafter during the continuance of disability. The employee need not be re-examined by a licensed and practicing physician if the attorney for the district certifies in writing that the employee is entitled to receive compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act. (c) The benefit shall terminate when: (1) The employee returns to work or receives a retirement annuity paid wholly or in part under this Article; (2) The disability ceases; (3) The employee attains age 65, but if the employee becomes disabled at age 60 or later, benefits may be extended for a period of no more than 5 years after disablement; (4) The employee (i) refuses to submit to reasonable examinations by physicians or other health professionals appointed by the Board, (ii) fails or refuses to consent to and sign an authorization allowing the Board to receive copies of or to examine the employee's medical and hospital records, or (iii) fails or refuses to provide complete information regarding any other employment for compensation he or she has received since becoming disabled; or (5) The employee willfully and continuously refuses to follow
67 [April 13, 2000] submitted by at least one licensed and practicing physician as part of the employee's application. The benefit is not payable for any disability which begins during any period of unpaid leave of absence. No benefit shall be allowed for any period of disability prior to 30 days before application is made, unless the Board finds good cause for the delay in filing the application. The benefit shall not be paid during any period for which the employee receives or is entitled to receive any part of salary. The benefit is not payable for any disability which begins during any period of absence from duty other than allowable vacation time in any calendar year. An employee whose disability begins during any such ineligible period of absence from service may not receive benefits until the employee recovers from the disability and is in service for at least 15 consecutive working days after such recovery. In the case of an employee who first enters service on or after the effective date of this amendatory Act of 1997, an ordinary disability benefit is not payable for the first 3 days of disability that would otherwise be payable under this Section if the disability does not continue for at least 11 additional days. (c) The benefit shall be 50% of the employee's salary at the date of disability, and shall terminate when the earliest of the following occurs: (1) The employee returns to work or receives a retirement annuity paid wholly or in part under this Article; (2) The disability ceases; (3) The employee willfully and continuously refuses to follow medical advice and treatment to enable the employee to return to work. However this provision does not apply to an employee who relies in good faith on treatment by prayer through spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination, by a duly accredited practitioner thereof
[April 13, 2000] 68 (Source: P.A. 87-794.) (40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314) Sec. 13-314. Alternative provisions for Water Reclamation District commissioners. (a) Transfer of credits. Any Water Reclamation District commissioner elected by vote of the people and who has elected to participate in this Fund may transfer to this Fund credits and creditable service accumulated under any other pension fund or retirement system established under Articles 2 through 18 of this Code, upon payment to the Fund of (1) the amount by which the employer and employee contributions that would have been required if he had participated in this Fund during the period for which credit is being transferred, plus interest, exceeds the amounts actually transferred from such other fund or system to this Fund, plus (2) interest thereon at 6% per year compounded annually from the date of transfer to the date of payment. (b) Alternative annuity. Any participant commissioner may elect to establish alternative credits for an alternative annuity by electing in writing to make additional optional contributions in accordance with this Section and procedures established by the Board. Such commissioner may discontinue making the additional optional contributions by notifying the fund in writing in accordance with this Section and procedures established by the Board. Additional optional contributions for the alternative annuity shall be as follows: (1) For service after the option is elected, an additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Section 13-502. (2) For contributions on past service
69 [April 13, 2000] elected to participate in the Fund, and (2) has become permanently disabled and as a consequence is unable to perform the duties of office, and (3) was making optional contributions in accordance with this Section at the time the disability was incurred, may elect to receive a disability annuity calculated in accordance with the formula in subsection (b). For the purposes of this subsection, such commissioner shall be considered permanently disabled only if: (i) disability occurs while in service as a commissioner and is of such a nature as to prevent the reasonable performance of the duties of office at the time; and (ii) the Board has received a written certification by at least 2 licensed physicians appointed by it stating that such commissioner is disabled and that the disability is likely to be permanent. (d) Alternative survivor's benefits. In lieu of the survivor's benefits otherwise payable under this Article, the spouse or eligible child of any deceased commissioner who (1) had elected to participate in the Fund, and (2) was either making additional optional contributions on the date of death, or was receiving an annuity calculated under this Section at the time of death, may elect to receive an annuity beginning on the date of the commissioner's death, provided that the spouse and commissioner must have been married on the date of the last termination of a service as commissioner and for a continuous period of at least one year immediately preceding death. The annuity shall be payable beginning on the date of the commissioner's death if the spouse is then age 50 or over, or beginning at age 50 if the age of the spouse is less than 50 years. If a minor unmarried child or children of the commissioner, under age 18, also survive, and the child or children are under the care of the eligible spouse, the annuity shall begin as of the date of death of the commissioner without regard to the spouse's age. The annuity to a spouse shall be 66 2/3% of the amount of retirement annuity earned by the commissioner on the date of death, subject to a minimum payment of 10% of salary, provided that if an eligible spouse, regardless of age, has in his or her care at the date of death of the commissioner any unmarried child or children of the commissioner under age 18, the minimum annuity shall be 30% of the commissioner's salary, plus 10% of salary on account of each minor child of the commissioner, subject to a combined total payment on account of a spouse and minor children not to exceed 50% of the deceased commissioner's salary. In the event there shall be no spouse of the commissioner surviving, or should a spouse die while eligible minor children still survive the commissioner, each such child shall be entitled to an annuity equal to 20% of salary of the commissioner subject to a combined total payment on account of all such children not to exceed 50% of salary of the commissioner. The salary to be used in the calculation of these benefits shall be the same as that prescribed for determining a retirement annuity as provided in subsection (b) of this Section. Upon the death of a commissioner occurring after termination of a service or while in receipt of a retirement annuity, the combined total payment to a spouse and minor children, or to minor children alone if no eligible spouse survives, shall be limited to 75% of the amount of retirement annuity earned by the commissioner. Adopted children shall have status as natural children of the commissioner only if the proceedings for adoption were commenced at least one year prior to the date of the commissioner's death. Marriage of a child or attainment of age 18, whichever first occurs, shall render the child ineligible for further consideration in the payment of annuity to a spouse or in the increase in the amount thereof. Upon attainment of ineligibility of the youngest minor child of the commissioner, the annuity shall immediately revert to the amount payable upon death of a commissioner leaving no minor children surviving. If the spouse is under age 50 at such time, the annuity as revised shall be deferred until such age is attained. (e) Refunds. Refunds of additional optional contributions shall be made on the same basis and under the same conditions as provided
[April 13, 2000] 70 under Section 13-601. Interest shall be credited on the same basis and under the same conditions as for other contributions. Optional contributions shall be accounted for in a separate Commission's Optional Contribution Reserve. Optional contributions under this Section shall be included in the amount of employee contributions used to compute the tax levy under Section 13-503. (f) Effective date. The effective date of this plan of optional alternative benefits and contributions shall be the date upon which approval was received from the U.S. Internal Revenue Service. The plan of optional alternative benefits and contributions shall not be available to any former employee receiving an annuity from the Fund on the effective date, unless said former employee re-enters service and renders at least 3 years of additional service after the date of re-entry as a commissioner. (Source: P.A. 90-12, eff. 6-13-97.) (40 ILCS 5/13-603) (from Ch. 108 1/2, par. 13-603) Sec. 13-603. Restoration of rights. If an employee who has received a refund subsequently re-enters the service and renders one year of contributing service from the date of such re-entry, the employee shall be entitled to have restored all accumulation and service credits previously forfeited by making a repayment of the refund, including interest
71 [April 13, 2000] receiving an annuity from the system at the time of death, and (4) meets all other requirements of this Section, shall be entitled to the benefits provided under this Section. A widow's annuity shall be payable beginning on the first of the month following the date of death of the member if the widow has then attained age 50 or, if she is under age 50 on such date, on the first of the month following her attainment of such age; provided, that if an unmarried child or children of the member under age 18 (or under age 22 if a full-time student) also survive him, and the child or children are under the care of the eligible widow, the widow's annuity shall begin on the first of the month following the member's death without regard to the age of the widow. If she is under age 50 at the death of the member and she qualifies for a widow's annuity, she is entitled to receive the lump sum payment immediately upon application, but payment of the widow's annuity shall be deferred as provided above. The provision for a widow's annuity shall not be construed to affect the payment of a reversionary annuity. If a widow qualifies for more than one widow's annuity, or for a widow's annuity and a survivors annuity, she shall elect to receive only one of such annuities. This Section shall not apply to the widow of any male person who first became a member after July 19, 1961. (Source: P.A. 90-448, eff. 8-16-97.) (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120) Sec. 14-120. Survivors annuities - Conditions for payments. A survivors annuity is established for all members of the System. Upon the death of any male person who was a member on July 19, 1961, however, his widow may have the option of receiving the widow's annuity provided in this Article, in lieu of the survivors annuity. (a) A survivors annuity beneficiary, as herein defined, is eligible for a survivors annuity if the deceased member had completed at least 1 1/2 years of contributing creditable service if death occurred: (1) while in service; (2) while on an approved or authorized leave of absence from service, not exceeding one year continuously; or (3) while in receipt of a non-occupational disability or an occupational disability benefit. (b) If death of the member occurs after withdrawal, the survivors annuity beneficiary is eligible for such annuity only if the member had fulfilled at the date of withdrawal the prescribed service conditions for establishing a right in a retirement annuity. (c) Payment of the survivors annuity shall begin immediately if the beneficiary is 50 years or over, or upon attainment of age 50 if the beneficiary is under that age at the date of the member's death. In the case of survivors of a member whose death occurred between November 1, 1970 and July 15, 1971, the payment of the survivors annuity shall begin upon October 1, 1977, if the beneficiary is then 50 years of age or older, or upon the attainment of age 50 if the beneficiary is under that age on October 1, 1977. If an eligible child or children, under the care of the spouse also survive the member, the survivors annuity shall begin immediately without regard to whether the beneficiary has attained age 50. Benefits under this Section shall accrue and be payable for whole calendar months, beginning on the first day of the month after the initiating event occurs and ending on the last day of the month in which the terminating event occurs. (d) A survivor annuity beneficiary means: (1) A spouse of a member or annuitant if: (i) in the case of a member or annuitant who dies before the effective date of this amendatory Act of the 91st General Assembly, the current marriage with the member or annuitant was in effect for at least one year at the date of
[April 13, 2000] 72 annuitant was in effect for at least one year immediately prior to the date of death, regardless of the date of withdrawal. (2) An unmarried child under age 18 (under age 22 if a full-time student) of the member or annuitant; an unmarried stepchild under age 18 (under age 22 if a full-time student) who has been such for at least one year at the date of the member's death or at least one year at the date of withdrawal, whichever first occurs; an unmarried adopted child under age 18 (under age 22 if a full-time student) if the adoption proceedings were initiated at least one year prior to the death or withdrawal of the member or annuitant, whichever first occurs; and an unmarried child over age 18 if he or she is dependent by reason of a physical or mental disability, so long as the physical or mental disability continues. For purposes of this subsection, disability means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. (3) A dependent parent of the member or annuitant; a dependent step-parent by a marriage contracted before the member or annuitant attained age 18; or a dependent adopting parent by whom the member or annuitant was adopted before he or she attained age 18. (e) Payment of a survivors annuity to a beneficiary terminates upon: (1) remarriage before age 55 that occurs before the effective date of this amendatory Act of the 91st General Assembly or death, if the beneficiary is a spouse; (2) marriage or death, if the beneficiary is a child; or (3) remarriage before age 55 or death, if the beneficiary is a parent. Remarriage of a prospective beneficiary prior to the attainment of age 50 disqualifies the beneficiary for the annuity expectancy hereunder, if the remarriage occurs before the effective date of this amendatory Act of the 91st General Assembly. Termination due to
73 [April 13, 2000] (k) In lieu of the Survivor's Annuity described in this Section, the spouse of the member has the option to select the Nonoccupational Death Benefit described in this Article, provided the spouse is the sole survivor and the sole nominated beneficiary of the member. (l) The changes made to this Section and Sections 14-118, 14-119, and 14-128 by this amendatory Act of 1997, relating to benefits for certain unmarried children who are full-time students under age 22, apply without regard to whether the deceased member was in service on or after the effective date of this amendatory Act of 1997. These changes do not authorize the repayment of a refund or a re-election of benefits, and any benefit or increase in benefits resulting from these changes is not payable retroactively for any period before the effective date of this amendatory Act of 1997. (Source: P.A. 90-448, eff. 8-16-97; 91-357, eff. 7-29-99.) (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128) Sec. 14-128. Occupational death benefit. An occupational death benefit is provided for a member of the System whose death, prior to retirement, is the proximate result of bodily injuries sustained or a hazard undergone while in the performance and within the scope of the member's duties. (a) Conditions for payment. Exclusive of the lump sum payment provided for herein, all annuities under this Section shall accrue and be payable for complete calendar months, beginning on the first day of the month next following the month in which the initiating event occurs and ending on the last day of the month in which the terminating event occurs. The following named survivors of the member may be eligible for an annuity under this Section: (i) The member's spouse. (ii) An unmarried child of the member under age 18 (under age 22 if a full-time student); an unmarried stepchild under age 18 (under age 22 if a full-time student) who has been such for at least one year at the date of the member's death; an unmarried adopted child under age 18 (under age 22 if a full-time student) if the adoption proceedings were initiated at least one year prior to the death of the member; and an unmarried child over age 18 who is dependent by reason of a physical or mental disability, for so long as such physical or mental disability continues. For the purposes of this Section disability means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. (iii) If no spouse or eligible children survive: a dependent parent of the member; a dependent step-parent by a marriage contracted before the member attained age 18; or a dependent adopting parent by whom the member was adopted before he or she attained age 18. The term "dependent" relating to an occupational death benefit means a survivor of the member who was receiving from the member at the date of the member's death at least 1/2 of the support for maintenance including board, lodging, medical care and like living costs. Payment of the annuity shall continue until the occurrence of the following: (1) remarriage before age 55 that occurs before the effective date of this amendatory Act of the 91st General Assembly or death, in the case of a surviving spouse; (2) attainment of age 18 or termination of disability, death, or marriage, in the case of an eligible child; (3) remarriage before age 55 or death, in the case of a dependent parent. If none of the aforementioned beneficiaries is living at the date of death of the member, no occupational death benefit shall be payable, but the nonoccupational death benefit shall be payable as provided in this Article. The change made to this subsection by this amendatory Act of the
[April 13, 2000] 74 91st General Assembly (pertaining to remarriage prior to age 55) applies without regard to whether the deceased member was in service on or after the effective date of this amendatory Act. (b) Amount of benefit. The member's accumulated contributions plus credited interest shall be payable in a lump sum to such person as the member has nominated by written direction, duly acknowledged and filed with the Board, or if no such nomination to the estate of the member. When an annuitant is re-employed by a Department, the accumulated contributions plus credited interest payable on the member's account shall, if the member has not previously elected a reversionary annuity, consist of the excess, if any, of the member's total accumulated contributions plus credited interest for all creditable service over the total amount of all retirement annuity payments received by the member prior to death. In addition to the foregoing payment, an annuity is provided for eligible survivors as follows: (1) If the survivor is a spouse only, the annuity shall be 50% of the member's final average compensation. (2) If the spouse has in his or her care an eligible child or children, the annuity shall be increased by an amount equal to 15% of the final average compensation on account of each such child, subject to a limitation on the combined annuities to a surviving spouse and children of 75% of final average compensation. (3) If there is no surviving spouse, or if the surviving spouse dies or remarries while a child remains eligible, then each such child shall be entitled to an annuity of 15% of the deceased member's final average compensation, subject to a limitation of 50% of final average compensation to all such children. (4) If there is no surviving spouse or eligible children, then an annuity shall be payable to the member's dependent parents, equal to 25% of final average compensation to each such beneficiary. If any annuity payable under this Section is less than the corresponding survivors annuity, the beneficiary or beneficiaries of the annuity under this Section may elect to receive the survivors annuity and the nonoccupational death benefit provided for in this Article in lieu of the annuity provided under this Section. (c) Occupational death claims pending adjudication by the Industrial Commission or a ruling by the agency responsible for determining the liability of the State under the "Workers' Compensation Act" or "Workers' Occupational Diseases Act" shall be payable under Sections 14-120 and 14-121
75 [April 13, 2000] refund of a member's contributions for a period not to exceed 1 year after the member has ceased to be an employee. For purposes of this Section, a member will be considered to have withdrawn from service if a change in, or transfer of, his position results in his becoming ineligible for continued membership in this System and eligible for membership in another public retirement system under this Act. (b) A member receiving a refund forfeits and relinquishes all accrued rights in the System, including all accumulated creditable service. If the person again becomes a member of the System and establishes at least 2 years of creditable service, the member may repay the moneys previously refunded. However, a former member may restore credits previously forfeited by acceptance of a refund without returning to service by applying in writing and repaying to the System, by April 1, 1993, the amount of the refund plus regular interest calculated from the date of refund to the date of repayment. The repayment of refunds issued prior to January 1, 1984 shall consist of the amount refunded plus 5% interest per annum compounded annually for the period from the date of the refund to the end of the month in which repayment is made. The repayment of refunds issued after January 1, 1984 shall consist of the amount refunded plus regular interest for the period from the date of refund to the end of the month in which repayment is made. However, in the case of a refund that is repaid in a lump sum between January 1, 1991 and July 1, 1991, repayment shall consist of the amount refunded plus interest at the rate of 2.5% per annum compounded annually from the date of the refund to the end of the month in which repayment is made. Upon repayment, the member shall receive credit for the service, member contributions and regular interest that was forfeited by acceptance of the refund as well as regular interest for the period of non-membership. Such repayment shall be made in full before retirement either in a lump sum or in installment payments in accordance with such rules as may be adopted by the board. (b-5) The Board may adopt rules governing the repayment of refunds and establishment of credits in cases involving awards of back pay or reinstatement. The rules may authorize repayment of a refund in installment payments and may waive the payment of interest on refund amounts repaid in full within a specified period. (c) A member no longer in service who is unmarried and
[April 13, 2000] 76 absence without pay. Employment which is irregular, intermittent or temporary shall not be considered continuous for purposes of this paragraph. However, a person is not an "employee" if he or she: (1) is a student enrolled in and regularly attending classes in a college or university which is an employer, and is employed on a temporary basis at less than full time; (2) is currently receiving a retirement annuity or a disability retirement annuity under Section 15-153.2 from this System; (3) is on a military leave of absence; (4) is eligible to participate in the Federal Civil Service Retirement System and is currently making contributions to that system based upon earnings paid by an employer; (5) is on leave of absence without pay for more than 60 days immediately following termination of disability benefits under this Article; (6) is hired after June 30, 1979 as a public service employment program participant under the Federal Comprehensive Employment and Training Act and receives earnings in whole or in part from funds provided under that Act; (7) is employed on or after July 1, 1991 to perform services that are excluded by subdivision (a)(7)(f) or (a)(19) of Section 210 of the federal Social Security Act from the definition of employment given in that Section (42 U.S.C. 410); or (8) participates in an optional program for part-time workers under Section 15-158.1. (b) Any employer may, by filing a written notice with the board, exclude from the definition of "employee" all persons employed pursuant to a federally funded contract entered into after July 1, 1982 with a federal military department in a program providing training in military courses to federal military personnel on a military site owned by the United States Government, if this exclusion is not prohibited by the federally funded contract or federal laws or rules governing the administration of the contract. (c) Any person appointed by the Governor under the Civil Administrative Code of the State is an employee, if he or she is a participant in this system on the effective date of the appointment. (d) A participant on lay-off status under civil service rules is considered an employee for not more than 120 days from the date of the lay-off. (e) A participant is considered an employee during (1) the first 60 days of disability leave, (2) the period, not to exceed one year, in which his or her eligibility for disability benefits is being considered by the board or reviewed by the courts, and (3) the period he or she receives disability benefits under the provisions of Section 15-152, workers' compensation or occupational disease benefits, or disability income under an insurance contract financed wholly or partially by the employer. (f) Absences without pay, other than formal leaves of absence, of less than 30 calendar days, are not considered as an interruption of a person's status as an employee. If such absences during any period of 12 months exceed 30 work days, the employee status of the person is considered as interrupted as of the 31st work day. (g) A staff member whose employment contract requires services during an academic term is to be considered an employee during the summer and other vacation periods, unless he or she declines an employment contract for the succeeding academic term or his or her employment status is otherwise terminated, and he or she receives no earnings during these periods. (h) An individual who was a participating employee employed in the fire department of the University of Illinois's Champaign-Urbana campus immediately prior to the elimination of that fire department and who immediately after the elimination of that fire department became employed by the fire department of the City of Urbana or the City of Champaign shall continue to be considered as an employee for purposes
77 [April 13, 2000] of this Article for so long as the individual remains employed as a firefighter by the City of Urbana or the City of Champaign. The individual shall cease to be considered an employee under this subsection (h) upon the first termination of the individual's employment as a firefighter by the City of Urbana or the City of Champaign. (i) An individual who is employed on a full-time basis as an officer or employee of a statewide teacher organization that serves System participants or an officer of a national teacher organization that serves System participants may participate in the System and shall be deemed an employee, provided that (1) the individual has previously earned creditable service under this Article, (2) the individual files with the System an irrevocable election to become a participant, and (3) the individual does not receive credit for that employment under any other Article of this Code. An employee under this subsection (i) is responsible for paying to the System both (A) employee contributions based on the actual compensation received for service with the teacher organization and (B) employer contributions equal to the normal costs (as defined in Section 15-155) resulting from that service; all or any part of these contributions may be paid on the employee's behalf or picked up for tax purposes (if authorized under federal law) by the teacher organization. A person who is an employee as defined in this subsection (i) may establish service credit for similar employment prior to becoming an employee under this subsection by paying to the System for that employment the contributions specified in this subsection, plus interest at the effective rate from the date of service to the date of payment. However, credit shall not be granted under this subsection for any such prior employment for which the applicant received credit under any other provision of this Code, or during which the applicant was on a leave of absence under Section 15-113.2. (Source: P.A. 89-430, eff. 12-15-95; 90-448, eff. 8-16-97; 90-576, eff. 3-31-98; 90-766, eff. 8-14-98.) (40 ILCS 5/15-111) (from Ch. 108 1/2, par. 15-111) Sec. 15-111. Earnings. "Earnings": An amount paid for personal services equal to the sum of the basic compensation plus extra compensation for summer teaching, overtime or other extra service. For periods for which an employee receives service credit under subsection (c) of Section 15-113.1 or Section 15-113.2, earnings are equal to the basic compensation on which contributions are paid by the employee during such periods. Compensation for employment which is irregular, intermittent and temporary shall not be considered earnings, unless the participant is also receiving earnings from the employer as an employee under Section 15-107. With respect to transition pay paid by the University of Illinois to a person who was a participating employee employed in the fire department of the University of Illinois's Champaign-Urbana campus immediately prior to the elimination of that fire department: (1) "Earnings" includes transition pay paid to the employee on or after the effective date of this amendatory Act of the 91st General Assembly. (2) "Earnings" includes transition pay paid to the employee before the effective date of this amendatory Act of the 91st General Assembly only if (i) employee contributions under Section 15-157 have been withheld from that transition pay or (ii) the employee pays to the System before January 1, 2001 an amount representing employee contributions under Section 15-157 on that transition pay. Employee contributions under item (ii) may be paid in a lump sum, by withholding from additional transition pay accruing before January 1, 2001, or in any other manner approved by the System. Upon payment of the employee contributions on transition pay, the corresponding employer contributions become an obligation of the State. (Source: P.A. 87-8.) (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112) Sec. 15-112. Final rate of earnings. "Final rate of earnings":
[April 13, 2000] 78 For an employee who is paid on an hourly basis or who receives an annual salary in installments during 12 months of each academic year, the average annual earnings during the 48 consecutive calendar month period ending with the last day of final termination of employment or the 4 consecutive academic years of service in which the employee's earnings were the highest, whichever is greater. For any other employee, the average annual earnings during the 4 consecutive academic years of service in which his or her earnings were the highest. For an employee with less than 48 months or 4 consecutive academic years of service, the average earnings during his or her entire period of service. The earnings of an employee with more than 36 months of service prior to the date of becoming a participant are, for such period, considered equal to the average earnings during the last 36 months of such service. For an employee on leave of absence with pay, or on leave of absence without pay who makes contributions during such leave, earnings are assumed to be equal to the basic compensation on the date the leave began. For an employee on disability leave, earnings are assumed to be equal to the basic compensation on the date disability occurs or the average earnings during the 24 months immediately preceding the month in which disability occurs, whichever is greater. For a participant who retires on or after the effective date of this amendatory Act of 1997 with at least 20 years of service as a firefighter or police officer under this Article, the final rate of earnings shall be the annual rate of earnings received by the participant on his or her last day as a firefighter or police officer under this Article, if that is greater than the final rate of earnings as calculated under the other provisions of this Section. If a participant is an employee for at least 6 months during the academic year in which his or her employment is terminated, the annual final rate of earnings shall be 25% of the sum of (1) the annual basic compensation for that year, and (2) the amount earned during the 36 months immediately preceding that year, if this is greater than the final rate of earnings as calculated under the other provisions of this Section. In the determination of the final rate of earnings for an employee, that part of an employee's earnings for any academic year beginning after June 30, 1997, which exceeds the employee's earnings with that employer for the preceding year by more than 20 percent shall be excluded; in the event that an employee has more than one employer this limitation shall be calculated separately for the earnings with each employer. In making such calculation, only the basic compensation of employees shall be considered, without regard to vacation or overtime or to contracts for summer employment. The following are not considered as earnings in determining final rate of earnings: severance or separation pay, retirement pay, payment in lieu of unused sick leave and payments from an employer for the period used in determining final rate of earnings for any purpose other than services rendered, leave of absence or vacation granted during that period, and vacation of up to 56 work days allowed upon termination of employment
79 [April 13, 2000] After a joint and survivor annuity commences under the portable benefit package, the survivor annuitant of a joint and survivor annuity is not disqualified, and may not be removed, as the survivor annuitant by a dissolution of the survivor's marriage with the participant or annuitant. (Source: P.A. 83-1440.) (40 ILCS 5/15-132.2 new) Sec. 15-132.2. Retire and retirement. A participant "retires", and his or her "retirement" begins, when his or her annuity payment period begins. (40 ILCS 5/15-134.5) Sec. 15-134.5. Retirement program elections. (a) All participating employees are participants under the traditional benefit package prior to January 1, 1998. Effective as of the date that an employer elects, as described in Section 15-158.2, to offer to its employees the portable benefit package and the self-managed plan as alternatives to the traditional benefit package, each of that employer's eligible employees (as defined in subsection (b)) shall be given the choice to elect which retirement program he or she wishes to participate in with respect to all periods of covered employment occurring on and after the effective date of the employee's election. The retirement program election made by an eligible employee must be made in writing, in the manner prescribed by the System, and within the time period described in subsection (d) or (d-1). The employee election authorized by this Section is a one-time, irrevocable election. If an employee terminates employment after making the election provided under this subsection (a), then upon his or her subsequent re-employment with an employer the original election shall automatically apply to him or her, provided that the employer is then a participating employer as described in Section 15-158.2. An eligible employee who fails to make this election shall, by default, participate in the traditional benefit package. (b) "Eligible employee" means an employee (as defined in Section 15-107) who is either a currently eligible employee or a newly eligible employee. For purposes of this Section, a "currently eligible employee" is an employee who is employed by an employer on the effective date on which the employer offers to its employees the portable benefit package and the self-managed plan as alternatives to the traditional benefit package. A "newly eligible employee" is an employee who first becomes employed by an employer after the effective date on which the employer offers its employees the portable benefit package and the self-managed plan as alternatives to the traditional benefit package. A newly eligible employee participates in the traditional benefit package until he or she makes an election to participate in the portable benefit package or the self-managed plan. If an employee does not elect to participate in the portable benefit package or the self-managed plan, he or she shall continue to participate in the traditional benefit package by default. (c) An eligible employee who at the time he or she is first eligible to make the election described in subsection (a) does not have sufficient age and service to qualify for a retirement annuity under Section 15-135 may elect to participate in the traditional benefit package, the portable benefit package, or the self-managed plan. An eligible employee who has sufficient age and service to qualify for a retirement annuity under Section 15-135 at the time he or she is first eligible to make the election described in subsection (a) may elect to participate in the traditional benefit package or the portable benefit package, but may not elect to participate in the self-managed plan. (d) A currently eligible employee must make this election within one year after the effective date of the employer's adoption of the self-managed plan. A newly eligible employee must make this election within 6 months after the date on which the System receives the report of status certification from the employer
[April 13, 2000] 80 plan, no employer contributions shall be remitted to the self-managed plan when the employee's account balance transfer is made. Employer contributions to the self-managed plan shall commence as of the first pay period that begins after the System receives the employee's election. (d-1) A newly eligible employee who, prior to the effective date of this amendatory Act of the 91st General Assembly, fails to make the election within the period provided under subsection (d) and participates by default in the traditional benefit package may make a late election to participate in the portable benefit package or the self-managed plan instead of the traditional benefit package at any time within 6 months after the effective date of this amendatory Act of the 91st General Assembly.
81 [April 13, 2000] amount shall be paid to the participant for his or her lifetime and his or her eligible spouse, if surviving at the participant's death, shall be entitled to receive thereafter a lifetime survivorship annuity in a monthly amount equal to 50% of the reduced monthly amount that was payable to the participant. The last payment of a qualified joint and survivor annuity shall be made as of the first day of the month in which the death of the survivor occurs. (c) Instead of the normal form of annuity that would be paid under subsection (b), a participant may elect in writing within the 90-day period prior to the date his or her annuity payments commence to waive the normal form of annuity payment and receive an optional form of annuity as described in subsection (h). If the participant is married and elects an optional form of annuity under subsection (h) other than a joint and survivor annuity with the eligible spouse designated as the contingent annuitant, then such election shall require the consent of his or her eligible spouse in the manner described in subsection (d). At any time during the 90-day period preceding the date the participant's annuity commences, the participant may revoke the optional form elected under this subsection (c) and reinstate coverage under the qualified joint and survivor annuity without the spouse's consent, but an election to revoke the optional form elected and elect a new optional form or designate a different contingent annuitant shall not be effective without the eligible spouse's consent. (d) The eligible spouse's consent to any election made pursuant to this Section that requires the eligible spouse's consent shall be in writing and shall acknowledge the effect of the consent. In addition, the eligible spouse's signature on the written consent must be witnessed by a notary public. The eligible spouse's consent need not be obtained if the system is satisfied that there is no eligible spouse, that the eligible spouse cannot be located, or because of any other relevant circumstances. An eligible spouse's consent under this Section is valid only with respect to the specified optional form of payment and, if applicable, contingent annuitant designated by the participant. If the optional form of payment or the contingent annuitant is subsequently changed (other than by a revocation of the optional form and reinstatement of the qualified joint and survivor annuity), a new consent by the eligible spouse is required. The eligible spouse's consent to an election made by a participant pursuant to this Section, once made, may not be revoked by the eligible spouse. (e) Within a reasonable period of time preceding the date a participant's annuity commences, a participant shall be supplied with a written explanation of (1) the terms and conditions of the normal form single-life annuity and qualified joint and survivor annuity, (2) the participant's right to elect a single-life annuity or an optional form of payment under subsection (h) subject to his or her eligible spouse's consent, if applicable, and (3) the participant's right to reinstate coverage under the qualified joint and survivor annuity prior to his or her annuity commencement date by revoking an election of an optional form of benefit under subsection (h). (f) If a married participant with at least 1.5 years
[April 13, 2000] 82 had retired with an immediate qualified joint and survivor annuity on the day before the participant's date of death; or (2) in the case of a participant who dies before the earliest date on which the participant would have met the eligibility requirements for retirement age, the participant had separated from service on the date of death, survived to the earliest retirement age based on service prior to his or her death, retired with an immediate qualified joint and survivor annuity at the earliest retirement age, and died on the day after the day on which the participant would have attained the earliest retirement age. (g) A married participant who has not retired may elect at any time to waive the pre-retirement survivor annuity described in subsection (f). Any such election shall require the consent of the participant's eligible spouse in the manner described in subsection (e). A waiver of the pre-retirement survivor annuity shall increase the lump sum death benefit payable under subsection (b) of Section 15-141. Prior to electing any waiver of the pre-retirement survivor annuity, the participant shall be provided with a written explanation of (1) the terms and conditions of the pre-retirement survivor annuity and the death benefits payable from the system both with and without the pre-retirement survivor annuity, (2) the participant's right to elect a waiver of the pre-retirement survivor annuity coverage subject to his or her spouse's consent, and (3) the participant's right to reinstate pre-retirement survivor annuity coverage at any time by revoking a prior waiver of such coverage. (h) By filing a timely election with the system, a participant who will be eligible to receive a retirement annuity under this Section may waive the normal form of annuity payment described in subsection (b), subject to obtaining the consent of his or her eligible spouse, if applicable, and elect to receive any one of the following optional
83 [April 13, 2000] (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.) (40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139) Sec. 15-139. Retirement annuities; cancellation; suspended during employment. (a) If an annuitant returns to employment for an employer within 60 days after the beginning of the retirement annuity payment period, the retirement annuity shall be cancelled, and the annuitant shall refund to the System the total amount of the retirement annuity payments which he or she received. If the retirement annuity is cancelled, the participant shall continue to participate in the System. (b) If an annuitant retires prior to age 60 and receives or becomes entitled to receive during any month compensation in excess of the monthly retirement annuity (including any automatic annual increases) for services performed after the date of retirement for any employer under this System,
[April 13, 2000] 84 survivors insurance contributions which are deducted during this period shall be refunded to the annuitant without interest, and subsequent benefits under this Article shall be the same as those which were applicable prior to the date the annuitant resumed employment. The amendments made to this Section by this amendatory Act of the 91st General Assembly apply without regard to whether the annuitant was in service on or after the effective date of this amendatory Act. (Source: P.A. 86-1488.) (40 ILCS 5/15-140) (from Ch. 108 1/2, par. 15-140) Sec. 15-140. Reversionary annuities. A participant in the traditional benefit package entitled to a retirement annuity may, prior to retirement, elect to take a reduced retirement annuity and provide with the actuarial value of the reduction, a reversionary annuity to a dependent beneficiary, subject to the following conditions: (1) the participant's written notice of election to provide such annuity is received by the board at least 30 days before the retirement annuity payment period begins, and (2) the amount of the reversionary annuity is not less than $10 per month, and (3) the reversionary annuity is payable only if the participant dies after retirement. The participant may revoke the election by filing a written notice of revocation with the board. The beneficiary's death prior to retirement of the participant shall constitute a revocation of the election. The amount of the reversionary annuity shall be that specified in the participant's notice of election, but not more than the amount which when added to the survivors annuity payable to the dependent beneficiary, would equal the participant's reduced retirement annuity. The participant shall specify in the notice of election whether the full retirement annuity is to be resumed or the reduced retirement annuity is to be continued, in the event the beneficiary predeceases the annuitant. The reversionary annuity payment period shall begin on the day following the annuitant's death. A reversionary annuity shall not be payable if the beneficiary predeceases the annuitant. (Source: P.A. 84-1028.) (40 ILCS 5/15-141) (from Ch. 108 1/2, par. 15-141) Sec. 15-141. Death benefits - Death of participant. (a) The beneficiary of a participant under the traditional benefit package is entitled to a death benefit equal to the sum of (1) the employee's accumulated normal and additional contributions on the date of death, (2) the employee's accumulated survivors insurance contributions on the date of death, if a survivors insurance benefit is not payable, (3) an amount equal to the employee's final rate of earnings, but not more than $5,000 if (i) the beneficiary, under rules of the board, was dependent upon the participant, (ii) the participant was a participating employee immediately prior to his or her death, and (iii) a survivors insurance benefit is not payable, and (4) $2,500 if (i) the beneficiary was not dependent upon the participant, (ii) the participant was a participating employee immediately prior to his or her death, and (iii) a survivors insurance benefit is not payable. (b) If the participant has elected to participate in the portable benefit package and has completed the one-year waiting period required under subsection (e) of Section 15-134.5, the death benefit shall be equal to the employee's accumulated normal and additional contributions on the date of death plus, if the employee died with 1.5 or
85 [April 13, 2000] spouse has consented to the designation of another beneficiary in the manner described in subsection (d) of Section 15-136.4. (c) If payments are made under any State or federal workers' compensation or occupational diseases law because of the death of an employee, the portion of the death benefit payable from employer contributions shall be reduced by the total amount of the payments. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.) (40 ILCS 5/15-142) (from Ch. 108 1/2, par. 15-142) Sec. 15-142. Death benefits - Death of annuitant. Upon the death of an annuitant receiving a retirement annuity or disability retirement annuity, the annuitant's beneficiary shall, if a survivor's insurance benefit is not payable under Section 15-145 and an
[April 13, 2000] 86 annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions
87 [April 13, 2000] General Assembly, pertaining to remarriage prior to age 55, applies without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (g) On January 1, 1981, any person who was receiving a survivors annuity on or before January 1, 1971 shall have the survivors annuity then being paid increased by 1% for each full year which has elapsed from the date the annuity began. On January 1, 1982, any survivor whose annuity began after January 1, 1971, but before January 1, 1981, shall have the survivor's annuity then being paid increased by 1% for each year which has elapsed from the date the survivor's annuity began. On January 1, 1987, any survivor who began receiving a survivor's annuity on or before January 1, 1977, shall have the monthly survivor's annuity increased by $1 for each full year which has elapsed since the date the survivor's annuity began. (h) If the sum of the lump sum and total monthly survivor benefits payable under this Section upon the death of a participant amounts to less than the sum of the death benefits payable under items (2) and (3) of Section 15-141, the difference shall be paid in a lump sum to the beneficiary of the participant who is living on the date that this additional amount becomes payable. (i) If the sum of the lump sum and total monthly survivor benefits payable under this Section upon the death of an annuitant receiving a retirement annuity or disability retirement annuity amounts to less than the death benefit payable under Section 15-142, the difference shall be paid to the beneficiary of the annuitant who is living on the date that this additional amount becomes payable. (j) Effective on the later of (1) January 1, 1990, or (2) the January 1 on or next after the date on which the survivor annuity begins, if the deceased member died while receiving a retirement annuity, or in all other cases the January 1 nearest the first anniversary of the date the survivor annuity payments begin, every survivors insurance beneficiary shall receive an increase in his or her monthly survivors annuity of 3%. On each January 1 after the initial increase, the monthly survivors annuity shall be increased by 3% of the total survivors annuity provided under this Article, including previous increases provided by this subsection. Such increases shall apply to the survivors insurance beneficiaries of each participant and annuitant, whether or not the employment status of the participant or annuitant terminates before the effective date of this amendatory Act of 1990. This subsection (j) also applies to persons receiving a survivor annuity under the portable benefit package. (k) If the Internal Revenue Code of 1986, as amended, requires that the survivors benefits be payable at an age earlier than that specified in this Section the benefits shall begin at the earlier age, in which event, the survivor's beneficiary shall be entitled only to that amount which is equal to the actuarial equivalent of the benefits provided by this Section. (l) The changes made to this Section and Section 15-131 by this amendatory Act of 1997, relating to benefits for certain unmarried children who are full-time students under age 22, apply without regard to whether the deceased member was in service on or after the effective date of this amendatory Act of 1997. These changes do not authorize the repayment of a refund or a re-election of benefits, and any benefit or increase in benefits resulting from these changes is not payable retroactively for any period before the effective date of this amendatory Act of 1997. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.) (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154) Sec. 15-154. Refunds. (a) A participant whose status as an employee is terminated, regardless of cause, or who has been on lay off status for more than 120 days, and who is not on leave of absence, is entitled to a refund of contributions upon application; except that not more than one such refund application may be made during any academic year. Except as set forth in subsections (a-1) and (a-2), the refund
[April 13, 2000] 88 shall be the sum of the accumulated normal, additional and survivors insurance contributions, less the amount of interest credited on these contributions each year in excess of 4 1/2% of the amount on which interest was calculated. (a-1) A person who elects, in accordance with the requirements of Section 15-134.5, to participate in the portable benefit package and who becomes a participating employee under that retirement program upon the conclusion of the one-year waiting period applicable to the portable benefit package election shall have his or her refund calculated in accordance with the provisions of subsection (a-2). (a-2) The refund payable to a participant described in subsection (a-1) shall be the sum of the participant's accumulated normal and additional contributions, as defined in Sections 15-116 and 15-117. If the participant terminates with 5 or more years of service for employment as defined in Section 15-113.1, he or she shall also be entitled to a distribution of employer contributions in an amount equal to the sum of the accumulated normal and additional contributions, as defined in Sections 15-116 and 15-117. (b) Upon acceptance of a refund, the participant forfeits all accrued rights and credits in the System, and if subsequently reemployed, the participant shall be considered a new employee subject to all the qualifying conditions for participation and eligibility for benefits applicable to new employees. If such person again becomes a participating employee and continues as such for 2 years, or is employed by an employer and participates for at least 2 years in the Federal Civil Service Retirement System, all such rights, credits, and previous status as a participant shall be restored upon repayment of the amount of the refund, together with compound interest thereon from the date the refund was received to the date of repayment at the rate of 6% per annum through August 31, 1982, and at the effective rates after that date. (c) If a participant covered under the traditional
89 [April 13, 2000] a refund of the employee contributions, if any, paid under Section 15-157 after the date upon which continuance of such contributions would have otherwise caused the retirement annuity to exceed this maximum, plus compound interest at the effective rates. (Source: P.A. 90-448, eff. 8-16-97; 90-576, eff. 3-31-98; 90-766, eff. 8-14-98.) (40 ILCS 5/15-158.2) Sec. 15-158.2. Self-managed plan. (a) Purpose. The General Assembly finds that it is important for colleges and universities to be able to attract and retain the most qualified employees and that in order to attract and retain these employees, colleges and universities should have the flexibility to provide a defined contribution plan as an alternative for eligible employees who elect not to participate in a defined benefit retirement program provided under this Article. Accordingly, the State Universities Retirement System is hereby authorized to establish and administer a self-managed plan, which shall offer participating employees the opportunity to accumulate assets for retirement through a combination of employee and employer contributions that may be invested in mutual funds, collective investment funds, or other investment products and used to purchase annuity contracts, either fixed or variable or a combination thereof. The plan must be qualified under the Internal Revenue Code of 1986. (b) Adoption by employers. Each employer subject to this Article may elect to adopt the self-managed plan established under this Section; this election is irrevocable. An employer's election to adopt the self-managed plan makes available to the eligible employees of that employer the elections described in Section 15-134.5. The State Universities Retirement System shall be the plan sponsor for the self-managed plan and shall prepare a plan document and prescribe such rules and procedures as are considered necessary or desirable for the administration of the self-managed plan. Consistent with its fiduciary duty to the participants and beneficiaries of the self-managed plan, the Board of Trustees of the System may delegate aspects of plan administration as it sees fit to companies authorized to do business in this State, to the employers, or to a combination of both. (c) Selection of service providers and funding vehicles. The System, in consultation with the employers, shall solicit proposals to provide administrative services and funding vehicles for the self-managed plan from insurance and annuity companies and mutual fund companies, banks, trust companies, or other financial institutions authorized to do business in this State. In reviewing the proposals received and approving and contracting with no fewer than 2 and no more than 7 companies, at least 2 of which must be insurance and annuity companies, the Board of Trustees of the System shall consider, among other things, the following criteria: (1) the nature and extent of the benefits that would be provided to the participants; (2) the reasonableness of the benefits in relation to the premium charged; (3) the suitability of the benefits to the needs and interests of the participating employees and the employer; (4) the ability of the company to provide benefits under the contract and the financial stability of the company; and (5) the efficacy of the contract in the recruitment and retention of employees. The System, in consultation with the employers, shall periodically review each approved company. A company may continue to provide administrative services and funding vehicles for the self-managed plan only so long as it continues to be an approved company under contract with the Board. (d) Employee Direction. Employees who are participating in the program must be allowed to direct the transfer of their account balances among the various investment options offered, subject to applicable contractual provisions. The participant shall not be deemed
[April 13, 2000] 90 a fiduciary by reason of providing such investment direction. A person who is a fiduciary shall not be liable for any loss resulting from such investment direction and shall not be deemed to have breached any fiduciary duty by acting in accordance with that direction. Neither the System nor the employer guarantees any of the investments in the employee's account balances. (e) Participation. An employee eligible to participate in the self-managed plan must make a written election in accordance with the provisions of Section 15-134.5 and the procedures established by the System. Participation in the self-managed plan by an electing employee shall begin on the first day of the first pay period following the later of the date the employee's election is filed with the System or the effective date as of which the employee's employer begins to offer participation in the self-managed plan. Employers may not make the self-managed plan available earlier than January 1, 1998. An employee's participation in any other retirement program administered by the System under this Article shall terminate on the date that participation in the self-managed plan begins. An employee who has elected to participate in the self-managed plan under this Section must continue participation while employed in an eligible position, and may not participate in any other retirement program administered by the System under this Article while employed by that employer or any other employer that has adopted the self-managed plan, unless the self-managed plan is terminated in accordance with subsection (i). Participation in the self-managed plan under this Section shall constitute membership in the State Universities Retirement System. A participant under this Section shall be entitled to the benefits of Article 20 of this Code.
91 [April 13, 2000] administered by the System under this Article for any period during which the employee was a participant in the self-managed plan established under this Section. (h) Contributions. The self-managed plan shall be funded by contributions from employees participating in the self-managed plan and employer contributions as provided in this Section. The contribution rate for employees participating in the self-managed plan under this Section shall be equal to the employee contribution rate for other participants in the System, as provided in Section 15-157. This required contribution shall be made as an "employer pick-up" under Section 414(h) of the Internal Revenue Code of 1986 or any successor Section thereof. Any employee participating in the System's traditional benefit package prior to his or her election to participate in the self-managed plan shall continue to have the employer pick up the contributions required under Section 15-157. However, the amounts picked up after the election of the self-managed plan shall be remitted to and treated as assets of the self-managed plan. In no event shall an employee have an option of receiving these amounts in cash. Employees may make additional contributions to the self-managed plan in accordance with procedures prescribed by the System, to the extent permitted under rules prescribed by the System. The program shall provide for employer contributions to be credited to each self-managed plan participant at a rate of 7.6% of the participating employee's salary, less the amount used by the System to provide disability benefits for the employee. The amounts so credited shall be paid into the participant's self-managed plan accounts in a manner to be prescribed by the System. An amount of employer contribution, not exceeding 1% of the participating employee's salary, shall be used for the purpose of providing the disability benefits of the System to the employee. Prior to the beginning of each plan year under the self-managed plan, the Board of Trustees shall determine, as a percentage of salary, the amount of employer contributions to be allocated during that plan year for providing disability benefits for employees in the self-managed plan. The State of Illinois shall make contributions by appropriations to the System of the employer contributions required for employees who participate in the self-managed plan under this Section. The amount required shall be certified by the Board of Trustees of the System and paid by the State in accordance with Section 15-165. The System shall not be obligated to remit the required employer contributions to any of the insurance and annuity companies, mutual fund companies, banks, trust companies, financial institutions, or other sponsors of any of the funding vehicles offered under the self-managed plan until it has received the required employer contributions from the State. In the event of a deficiency in the amount of State contributions, the System shall implement those procedures described in subsection (c) of Section 15-165 to obtain the required funding from the General Revenue Fund. (i) Termination. The self-managed plan authorized under this Section may be terminated by the System, subject to the terms of any relevant contracts, and the System shall have no obligation to reestablish the self-managed plan under this Section. This Section does not create a right to continued participation in any self-managed plan set up by the System under this Section. If the self-managed plan is terminated, the participants shall have the right to participate in one of the other retirement programs offered by the System and receive service credit in such other retirement program for any years of employment following the termination. (j) Vesting; Withdrawal; Return to Service. A participant in the self-managed plan becomes vested in the employer contributions credited to his or her accounts in the self-managed plan on the earliest to occur of the following: (1) completion of 5 years of service with an employer described in Section 15-106; (2) the death of the participating employee while employed by an employer described in Section 15-106, if the participant has completed at least 1 1/2 years of service; or (3) the participant's election to retire and apply the
[April 13, 2000] 92 reciprocal provisions of Article 20 of this Code. A participant in the self-managed plan who receives a distribution of his or her vested amounts from the self-managed plan while not yet eligible for retirement under this Article (and Article 20, if applicable)
93 [April 13, 2000] contributions representing service prior to July 1, 1947, and (ii) the amount that can be provided on an actuarially equivalent basis by the amount obtained by multiplying 1.4 times the member's accumulated contributions covering service subsequent to June 30, 1947; and (3) If there is prior service, 2 times the amount that would have been determined under subparagraph (2) of paragraph (A) above on account of contributions which would have been made during the period of prior service creditable to the member had the System been in operation and had the member made contributions at the contribution rate in effect prior to July 1, 1947. (B) An amount consisting of the greater of the following: (1) For creditable service earned before July 1, 1998 that has not been augmented under Section 16-129.1: 1.67% of final average salary for each of the first 10 years of creditable service, 1.90% of final average salary for each year in excess of 10 but not exceeding 20, 2.10% of final average salary for each year in excess of 20 but not exceeding 30, and 2.30% of final average salary for each year in excess of 30; and For creditable service earned on or after July 1, 1998 by a member who has at least 24 years of creditable service on July 1, 1998 and who does not elect to augment service under Section 16-129.1: 2.2% of final average salary for each year of creditable service earned on or after July 1, 1998 but before the member reaches a total of 30 years of creditable service and 2.3% of final average salary for each year of creditable service earned on or after July 1, 1998 and after the member reaches a total of 30 years of creditable service; and For all other creditable service: 2.2% of final average salary for each year of creditable service; or (2) 1.5% of final average salary for each year of creditable service plus the sum $7.50 for each of the first 20 years of creditable service. The amount of the retirement annuity determined under this paragraph (B) shall be reduced by 1/2 of 1% for each month that the member is less than age 60 at the time the retirement annuity begins. However, this reduction shall not apply (i) if the member has at least 35 years of creditable service, or (ii) if the member retires on account of disability under Section 16-149.2 of this Article with at least 20 years of creditable service. (b) For purposes of this Section, final average salary shall be the average salary for the highest 4 consecutive years within the last 10 years of creditable service as determined under rules of the board. The minimum final average salary shall be considered to be $2,400 per year. In the determination of final average salary for members other than elected officials and their appointees when such appointees are allowed by statute, that part of a member's salary for any year beginning after June 30, 1979 which exceeds the member's annual full-time salary rate with the same employer for the preceding year by more than 20% shall be excluded. The exclusion shall not apply in any year in which the member's creditable earnings are less than 50% of the preceding year's mean salary for downstate teachers as determined by the survey of school district salaries provided in Section 2-3.103 of the School Code. (c) In determining the amount of the retirement annuity under paragraph (B) of this Section, a fractional year shall be granted proportional credit. (d) The retirement annuity determined under paragraph (B) of this Section shall be available only to members who render teaching service after July 1, 1947 for which member contributions are required, and to annuitants who re-enter under the provisions of Section 16-150. (e) The maximum retirement annuity provided under paragraph (B) of
[April 13, 2000] 94 this Section shall be 75% of final average salary. (f) A member retiring after the effective date of this amendatory Act of 1998 shall receive a pension equal to 75% of final average salary if the member is qualified to receive a retirement annuity equal to at least 74.6% of final average salary under this Article or as proportional annuities under Article 20 of this Code. (Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99.) (40 ILCS 5/16-135) (from Ch. 108 1/2, par. 16-135) Sec. 16-135. Supplementary retirement annuity. (a) An annuitant who is receiving a retirement annuity on June 30, 1961 of less than $50 for each year of creditable service forming the basis of the retirement annuity shall have his or her retirement annuity increased to $50 per year for each year of such creditable service, but not exceeding a total annual retirement annuity of $2,250. (b) In order to be entitled to the increase in retirement annuity provided under this Section, an annuitant is required to make an additional contribution of $5 for each year of creditable service, not to exceed 45 years together with interest at the rate of 3% per annum from August 25, 1961. (c) The supplementary retirement annuity provided under this Section shall begin to accrue on the first of the month following receipt of the required contribution from the annuitant
95 [April 13, 2000] designation of the member or annuitant filed with the system, or (ii) if no beneficiary is nominated, to the surviving spouse, or (iii) if no beneficiary is nominated and there is no surviving spouse, to the decedent's estate, upon receipt of proper proof of death: (1) Upon the death of a member, an amount consisting of the sum of the following: (A) the member's accumulated contributions; (B) the sum of the contributions made by the member toward the cost of the automatic increase in annuity under Section 16-152, without interest thereon; and (C) contributions made by the member toward prior service, without interest thereon. (2) Upon the death of an annuitant, unless a reversionary annuity is payable under Section 16-136, an amount determined by subtracting the total amount of monthly annuity payments received as a result of the deceased annuitant's retirement from the sum of: (A) the accumulated contributions at retirement; (B) the sum of the contributions made by the deceased toward the cost of the automatic increase in annuity under Section 16-151, without interest thereon; and (C) any contributions made by the deceased for prior service or other purposes, exclusive of contributions toward the cost of the automatic increase in annuity, without interest thereon. (Source: P.A. 83-1440.) (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140) Sec. 16-140. Survivors' benefits - definitions. (a) For the purpose of Sections 16-138 through 16-143.2, the following terms shall have the following meanings, unless the context otherwise requires: (1) "Average salary": the average salary for the highest 4 consecutive years within the last 10 years of creditable service immediately preceding date of death or retirement, whichever is applicable, or the average salary for the total creditable service if service is less than 4 years. (2) "Member": any teacher included in the membership of the system. However, a teacher who becomes an annuitant of the system or a teacher whose services terminate after 20 years of service from any cause other than retirement is considered a member, subject to the conditions and limitations stated in this Article. (3) "Dependent beneficiary": (A) a surviving spouse of a member or annuitant who was married to the member or annuitant for the 12 month period immediately preceding and on the date of death of such member or annuitant, except where a child is born of such marriage, in which case the qualifying period shall not be applicable; (A-1) a surviving spouse of a member or annuitant who (i) was married to the member or annuitant on the date of the member or annuitant's death, (ii) was married to the member or annuitant for a period of at least 12 months (but not necessarily the 12 months immediately preceding the member or annuitant's death), and (iii)
[April 13, 2000] 96 or mental disability continues. An adopted child, however, is eligible only if the proceedings for adoption were finalized while the child was a minor. For purposes of this subsection, "disability" means an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. The changes made to this Section by Public Act 90-448, relating to benefits for certain unmarried children who are full-time students under age 22, apply without regard to whether the deceased member was in service on or after the effective date of that Act. These changes do not authorize the repayment of a refund or a re-election of benefits, and any benefit or increase in benefits resulting from these changes is not payable retroactively for any period before the effective date of that Act. (5) "Dependent parent": a parent who was receiving at least 1/2 of his or her support from a member or annuitant for the 12-month period immediately preceding and on the date of such member's or annuitant's death, provided however, that such dependent status terminates upon a member's acceptance of a refund for survivor benefit contributions as provided under Section 16-142. (6) "Non-dependent beneficiary": any person, organization or other entity designated by the member who does not qualify as a dependent beneficiary. (7) "In service": the condition of a member being in receipt of salary as a teacher at any time within 12 months immediately before his or her death, being on leave of absence for which the member, upon return to teaching, would be eligible to purchase service credit under subsection (b)(5) of Section 16-127, or being in receipt of a disability or occupational disability benefit. This term does not include any annuitant or member who previously accepted a refund of survivor benefit contributions under paragraph (1) of Section 16-142 unless the conditions specified in subsection (b) of Section 16-143.2 are met. (b) The change to this Section made by Public Act 90-511 applies without regard to whether the deceased member or annuitant was in service on or after the effective date of that Act. The change to this Section made by this amendatory Act of the 91st General Assembly applies without regard to whether the deceased member or annuitant was in service on or after the effective date of this amendatory Act. (Source: P.A. 89-430, eff. 12-15-95; 90-448, eff. 8-16-97; 90-511, eff. 8-22-97; 90-655, eff. 7-30-98.) (40 ILCS 5/16-143) (from Ch. 108 1/2, par. 16-143) Sec. 16-143. Survivors' benefits - other conditions and limitations. The benefits provided under Sections 16-141 and 16-142, shall be subject to the following further conditions and limitations: (1) The period during which a member was in receipt of a disability or occupational disability benefit shall be considered as creditable service at the annual salary rate on which the member last made contributions. (2) All service prior to July 24, 1959, for which creditable service is granted towards a retirement annuity shall be considered as creditable service. (3) No benefits shall be payable unless a member, or a disabled member, returning to service, has made contributions to the system for at least one month after July 24, 1959, except that an annuitant must have contributed to the system for at least 1 year of creditable service after July 24, 1959. (4) Creditable service under the State Employees' Retirement System of Illinois, the State Universities Retirement System and the Public School Teachers' Pension and Retirement Fund of Chicago shall be considered in determining whether the member has met the creditable
97 [April 13, 2000] service requirement. (5) If an eligible beneficiary qualifies for a survivors' benefit because of pension credits established by the participant or annuitant in another system covered by Article 20, and the combined survivors' benefits exceed the highest survivors' benefit payable by either system based upon the combined pension credits, the survivors' benefit payable by this system shall be reduced to that amount which when added to the survivors' benefit payable by the other system would equal this highest survivors' benefit. If the other system has a similar provision for adjustment of the survivors' benefit, the respective proportional survivors' benefits shall be reduced proportionately according to the ratio which the amount of each proportional survivors' benefit bears to the aggregate of all proportional survivors' benefits. If a survivors' benefit is payable by another system covered by Article 20, and the survivor elects to waive the monthly survivors' benefit and accept a lump sum payment or death benefit in lieu of the monthly survivors' benefit, this system shall, for the purpose of adjusting the monthly survivors' benefit under this paragraph, assume that the survivor had been entitled to a monthly survivors' benefit which, in accordance with actuarial tables of this system, is the actuarial equivalent of the amount of the lump sum payment or death benefit. (6) Remarriage of a surviving spouse prior to attainment of age 55 that occurs before the effective date of this amendatory Act of the 91st General Assembly shall terminate his or her survivors' benefits. The change made to this item (6) by this amendatory Act of the 91st General Assembly applies without regard to whether the deceased member or annuitant was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (7) The benefits payable to an eligible child shall terminate when the eligible child marries, dies, or attains age 18 (age 22 if a full-time student); except that benefits payable to a dependent disabled eligible child shall terminate only when the eligible child dies or ceases to be disabled. (Source: P.A. 90-448, eff. 8-16-97.) (40 ILCS 5/16-149.4) (from Ch. 108 1/2, par. 16-149.4) Sec. 16-149.4. Supplementary disability retirement annuity. (a) An annuitant receiving a disability retirement annuity on June 30, 1961 of less than $50 for each year of creditable service forming the basis of the disability retirement annuity shall have his or her disability retirement annuity increased to $50 per year for each year of such creditable service, with a minimum annuity of $1,000 per year. (b) In order to be entitled to the increase in disability retirement annuity provided under this Section, an annuitant is required to make an additional contribution of $5 for each year of creditable service, together with interest at the rate of 3% per annum from August 25, 1961. (c) The supplementary retirement annuity provided under this Section shall begin to accrue on the first of the month following receipt of the required contributions from the annuitant
[April 13, 2000] 98 This Reserve shall be charged with all supplemental annuity payments under Section 16-135 and Section 16-149.4. (b) On the July 1 next occurring after the effective date of this amendatory Act of the 91st General Assembly, the Supplemental Annuity Reserve is abolished and any remaining balance
99 [April 13, 2000] (5) If the total service is 20 years or more and the teacher is age 60 or over, a service retirement pension shall be payable. (b) For disability retirement pensions, the following further conditions shall apply: (1) Written application shall be submitted within 3 years from the date of separation. (2) The applicant shall submit to examination by physicians appointed by the Board within one year from the date of their appointment. (3) Two physicians, appointed by the Board, shall declare the applicant to be suffering from a disability which wholly and presumably permanently incapacitates him for teaching or for service as an employee of the Board. In the event of disagreement by the physicians, a third physician, appointed by the Board, shall declare the applicant wholly and presumably permanently incapacitated. (c) Disability retirement pensions shall begin on the effective date of resignation or the day following the close of the payroll period for which credit was validated, whichever is later. (Source: P.A. 90-32; eff. 6-27-97; 90-566, eff. 1-2-98.) (40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133) Sec. 17-133. Contributions for periods of outside and other service. Regularly certified and appointed teachers who desire to have the following described services credited for pension purposes shall submit to the Board evidence thereof and pay into the Fund the amounts prescribed herein: 1. For teaching service by a certified teacher in the public schools of the several states or in schools operated by or under the auspices of the United States, a teacher shall pay the contributions at the rates in force (a) on the date of appointment as a regularly certified teacher after salary adjustments are completed, or (b) at the time of reappointment after salary adjustments are completed, whichever is later, but not less than $450 per year of service. Upon the Board's approval of such service and the payment of the required contributions, service credit of not more than 10 years shall be granted. 2. For service as a playground instructor in public school playgrounds, teachers shall pay the contributions prescribed in this Article (a) at the time of appointment, as a regularly certified teacher after salary adjustments are completed, or (b) on return to service as a full time regularly certified teacher, as the case may be, provided such rates or amounts shall not be less than $450 per year. 3. For service prior to September 1, 1955, in the public schools of the City as a substitute, evening school or temporary teacher, or for service as an Americanization teacher prior to December 31, 1955, teachers shall pay the contributions prescribed in this Article (a) at the time of appointment, as a regularly certified teacher after salary adjustments are completed, (b) on return to service as a full time regularly certified teacher, as the case may be, provided such rates or amounts shall not be less than $450 per year; and provided further that for teachers employed on or after September 1, 1953, rates shall not include contributions for widows' pensions if the service described in this sub-paragraph 3 was rendered before that date. Any teacher entitled to repay a refund of contributions under Section 17-126
[April 13, 2000] 100 5. For service during the 1986-87 school year as a teacher on a special leave of absence with full loss of salary, teaching for an agency under contract to the Board of Education, if the teacher returned to employment in September, 1987. For service under this item 5, the teacher must pay the contributions at the rates in force at the completion of the leave period. For service described in sub-paragraphs 1, 2 and 3 of this Section, interest shall be charged beginning one year after the effective date of appointment or reappointment. Effective September 1, 1974, the interest rate to be charged by the Fund on contributions provided in sub-paragraphs 1, 2, 3 and 4 shall be 5% per annum compounded annually. (Source: P.A. 90-566, eff. 1-2-98.) (40 ILCS 5/17-150) (from Ch. 108 1/2, par. 17-150) Sec. 17-150. Suspension of pensions. Until July 1, 2000, pension payments, exclusive of those made to the survivors of persons who were contributors, shall be suspended while the recipient is employed in a teaching capacity, outside the City in which the Fund exists, by any public school or charter school in this State, unless the recipient is so employed temporarily as a substitute teacher for 100 days or less in a school year or on an hourly basis with earnings not in excess of the sum payable for 100 days' substitute service. Beginning July 1, 2000, pension payments shall no longer be suspended while the recipient is employed in a teaching capacity, outside the City in which the Fund exists, by any public school or charter school in this State, and any pension that is in a state of suspension under this Section on July 1, 2000 shall be reinstated on that date. Notwithstanding Section 17-157, the change to this Section made by this amendatory Act of the 91st General Assembly applies without regard to whether or not the pensioner was in service on or after the effective date of this amendatory Act. (Source: P.A. 90-566, eff. 1-2-98.) (40 ILCS 5/18-128) (from Ch. 108 1/2, par. 18-128) Sec. 18-128. Survivor's annuities; Conditions for payment. (a) A survivor's annuity shall be payable upon the death of a participant while in service after June 30, 1967 if the participant had at least 1 1/2 years of service credit as a judge, or upon death of an inactive participant who had terminated service as a judge on or after June 30, 1967 with at least 10 years of service credit, or upon the death of an annuitant whose retirement becomes effective after June 30, 1967. (b) The surviving spouse of a deceased participant or annuitant is entitled to a survivor's annuity beginning at the date of death if the surviving spouse (1) has been married to the participant or annuitant for a continuous period of at least one year immediately preceding the date of death, and (2) has attained age 50, or, regardless of age, has in his or her care an eligible child or children of the decedent as provided under subsections (c) and (d) of this Section. If the surviving spouse has no such child in his or her care and has not attained age 50, the survivor's annuity shall begin upon attainment of age 50. When all such children of the deceased who are in the care of the surviving spouse no longer qualify for benefits and the surviving spouse is under 50 years of age, the surviving spouse's annuity shall be suspended until he or she attains age 50. (c) A child's annuity is payable for an unmarried child of an annuitant or participant so long as the child is (i) under age 18, (ii) under age 22 and a full time student, or (iii) age 18 or over if dependent by reason of physical or mental disability. Disability means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. (d) Adopted children shall have the same status as natural children, but only if the proceedings for adoption were commenced at least 6 months prior to the death of the annuitant or participant. (e) Remarriage prior to attainment of age 50 that occurs before
101 [April 13, 2000] the effective date of this amendatory Act of the 91st General Assembly shall disqualify a surviving spouse for the receipt of a survivor's annuity. The change made to this subsection by this amendatory Act of the 91st General Assembly applies without regard to whether the deceased judge was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (f) The changes made in survivor's annuity provisions by Public Act 82-306 shall apply to the survivors of a deceased participant or annuitant whose death occurs on or after August 21, 1981 and whose service as a judge terminates on or after July 1, 1967. The provision of child's annuities for dependent students under age 22 by this amendatory Act of 1991 shall apply to all eligible students beginning January 1, 1992, without regard to whether the deceased judge was in service on or after the effective date of this amendatory Act. (Source: P.A. 87-794.) (40 ILCS 5/20-121) (from Ch. 108 1/2, par. 20-121) Sec. 20-121. Calculation of proportional retirement annuities. Upon retirement of the employee, a proportional retirement annuity shall be computed by each participating system in which pension credit has been established on the basis of pension credits under each system. The computation shall be in accordance with the formula or method prescribed by each participating system which is in effect at the date of the employee's latest withdrawal from service covered by any of the systems in which he has pension credits which he elects to have considered under this Article. However, the amount of any retirement annuity payable under the self-managed plan established under Section 15-158.2 of this Code depends solely on the value of the participant's vested account balances and is not subject to any proportional adjustment under this Section. Combined pension credit under all retirement systems subject to this Article shall be considered in determining whether the minimum qualification has been met and the formula or method of computation which shall be applied. If a system has a step-rate formula for calculation of the retirement annuity, pension credits covering previous service which have been established under another system shall be considered in determining which range or ranges of the step-rate formula are to be applicable to the employee. Interest on pension credit shall continue to accumulate in accordance with the provisions of the law governing the retirement system in which the same has been established during the time an employee is in the service of another employer, on the assumption such employee, for interest purposes for pension credit, is continuing in the service covered by such retirement system. (Source: P.A. 79-782.) (40 ILCS 5/20-123) (from Ch. 108 1/2, par. 20-123) Sec. 20-123. Survivor's annuity. The provisions governing a retirement annuity shall be applicable to a survivor's annuity. Appropriate credits shall be established for survivor's annuity purposes in those participating systems which provide survivor's annuities, according to the same conditions and subject to the same limitations and restrictions herein prescribed for a retirement annuity. If a participating system has no survivor's annuity benefit, or if the survivor's annuity benefit under that system is waived, pension credit established in that
[April 13, 2000] 102 Sec. 20-124. Maximum benefits. In no event shall the combined retirement or survivors annuities exceed the highest annuity which would have been payable by any participating system in which the employee has pension credits, if all of his pension credits had been validated in that system. If the combined annuities should exceed the highest maximum as determined in accordance with this Section, the respective annuities shall be reduced proportionately according to the ratio which the amount of each proportional annuity bears to the aggregate of all such annuities. In the case of a participant in the self-managed plan established under Section 15-158.2 of this Code to whom the provisions of this Article apply: (i) For purposes of calculating the combined retirement annuity and the proportionate reduction, if any, in a retirement annuity other than one payable under the self-managed plan, the amount of the Article 15 retirement annuity shall be deemed to be the highest annuity to which the annuitant would have been entitled if he or she had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan. (ii) For purposes of calculating the combined survivor's annuity and the proportionate reduction, if any, in a survivor's annuity other than one payable under the self-managed plan, the amount of the Article 15 survivor's annuity shall be deemed to be the highest survivor's annuity to which the survivor would have been entitled if the deceased employee had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan. (iii) Benefits payable under the self-managed plan are not subject to proportionate reduction under this Section. (Source: P.A. 79-782.) (40 ILCS 5/20-125) (from Ch. 108 1/2, par. 20-125) Sec. 20-125. Return to employment - suspension of benefits. If a retired employee returns to employment which is covered by a system from which he is receiving a proportional annuity under this Article, his proportional annuity from all participating systems shall be suspended during the period of re-employment, except that this suspension does not apply to any distributions payable under the self-managed plan established under Section 15-158.2 of this Code. The provisions of the Article under which such employment would be covered shall govern the determination of whether the employee has returned to employment, and if applicable the exemption of temporary employment or employment not exceeding a specified duration or frequency, for all participating systems from which the retired employee is receiving a proportional annuity under this Article, notwithstanding any contrary provisions in the other Articles governing such systems. (Source: P.A. 85-1008.) (40 ILCS 5/20-131) (from Ch. 108 1/2, par. 20-131) Sec. 20-131. Retirement Annuities and Survivors Annuities - Guarantees. (a) This amendatory Act of 1975 (P.A. 79-782) shall not be applied to deprive any person or his survivor of eligibility for an annuity or to reduce the annuity or to deprive such person of rights to which he or his survivor would have been entitled under the provisions of Article 20 which were in effect immediately prior to September 5, 1975, if he was an employee immediately prior to that date. (b) If the combined retirement annuity benefits provided under Public Act 79-782 are less than the combined retirement annuity benefits that would have been payable under the alternative formula of Section 20-122, the system under which retirement would have occurred, as provided by Section 20-122, shall increase the proportional retirement annuity by an amount equal to the difference. (c) Subsection (b) of this Section does not apply to the retirement annuity benefits payable under the self-managed plan established under Section 15-158.2 of this Code.
103 [April 13, 2000] (Source: P.A. 86-820.) (40 ILCS 5/15-158.1 rep.) Section 15. The Illinois Pension Code is amended by repealing Section 15-158.1. Section 95. 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 upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1583, AS AMENDED, by inserting after the end of Section 15 the following: "Section 20. The Illinois Pension Code is amended by changing Sections 15-136, 15-136.2, and 15-185 as follows: (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136) Sec. 15-136. Retirement annuities - Amount. The provisions of this Section 15-136 apply only to those participants who are participating in the traditional benefit package or the portable benefit package and do not apply to participants who are participating in the self-managed plan. (a) The amount of a participant's retirement annuity, expressed in the form of a single-life annuity, shall be determined by whichever of the following rules is applicable and provides the largest annuity: Rule 1: The retirement annuity shall be 1.67% of final rate of earnings for each of the first 10 years of service, 1.90% for each of the next 10 years of service, 2.10% for each year of service in excess of 20 but not exceeding 30, and 2.30% for each year in excess of 30; or for persons who retire on or after January 1, 1998, 2.2% of the final rate of earnings for each year of service. Rule 2: The retirement annuity shall be the sum of the following, determined from amounts credited to the participant in accordance with the actuarial tables and the prescribed rate of interest in effect at the time the retirement annuity begins: (i) the normal annuity which can be provided on an actuarially equivalent basis, by the accumulated normal contributions as of the date the annuity begins; and (ii) an annuity from employer contributions of an amount equal to that which can be provided on an actuarially equivalent basis from the accumulated normal contributions made by the participant under Section 15-113.6 and Section 15-113.7 plus 1.4 times all other accumulated normal contributions made by the participant. With respect to a police officer or firefighter who retires on or after August 14,
[April 13, 2000] 104 not to exceed 30, multiplied by (1) $96 if the participant's final rate of earnings is less than $3,500, (2) $108 if the final rate of earnings is at least $3,500 but less than $4,500, (3) $120 if the final rate of earnings is at least $4,500 but less than $5,500, (4) $132 if the final rate of earnings is at least $5,500 but less than $6,500, (5) $144 if the final rate of earnings is at least $6,500 but less than $7,500, (6) $156 if the final rate of earnings is at least $7,500 but less than $8,500, (7) $168 if the final rate of earnings is at least $8,500 but less than $9,500, and (8) $180 if the final rate of earnings is $9,500 or more, except that the annuity for those persons having made an election under Section 15-154(a-1) shall be calculated and payable under the portable retirement benefit program pursuant to the provisions of Section 15-136.4. Rule 4: A participant who is at least age 50 and has 25 or more years of service as a police officer or firefighter, and a participant who is age 55 or over and has at least 20 but less than 25 years of service as a police officer or firefighter, shall be entitled to a retirement annuity of 2 1/4% of the final rate of earnings for each of the first 10 years of service as a police officer or firefighter, 2 1/2% for each of the next 10 years of service as a police officer or firefighter, and 2 3/4% for each year of service as a police officer or firefighter in excess of 20. The retirement annuity for all other service shall be computed under Rule 1. For purposes of this Rule 4, a participant's service as a firefighter shall also include the following: (i) service that is performed while the person is an employee under subsection (h) of Section 15-107; and (ii) in the case of an individual who was a participating employee employed in the fire department of the University of Illinois's Champaign-Urbana campus immediately prior to the elimination of that fire department and who immediately after the elimination of that fire department transferred to another job with the University of Illinois, service performed as an employee of the University of Illinois in a position other than police officer or firefighter, from the date of that transfer until the employee's next termination of service with the University of Illinois. (b) The retirement annuity provided under Rules 1 and 3 above shall be reduced by 1/2 of 1% for each month the participant is under age 60 at the time of retirement. However, this reduction shall not apply in the following cases: (1) For a disabled participant whose disability benefits have been discontinued because he or she has exhausted eligibility for disability benefits under clause (6) of Section 15-152; (2) For a participant who has at least the number of years of service required to retire at any age under subsection (a) of Section 15-135; or (3) For that portion of a retirement annuity which has been provided on account of service of the participant during periods when he or she performed the duties of a police officer or firefighter, if these duties were performed for at least 5 years immediately preceding the date the retirement annuity is to begin. (c) The maximum retirement annuity provided under Rules 1, 2, and 4 shall be the lesser of (1) the annual limit of benefits as specified in Section 415 of the Internal Revenue Code of 1986, as such Section may be amended from time to time and as such benefit limits shall be adjusted by the Commissioner of Internal Revenue, and (2) 80% of final rate of earnings. (d) An annuitant whose status as an employee terminates after August 14, 1969 shall receive automatic increases in his or her retirement annuity as follows: Effective January 1 immediately following the date the retirement annuity begins, the annuitant shall receive an increase in his or her monthly retirement annuity of 0.125% of the monthly retirement annuity provided under Rule 1, Rule 2, Rule 3, or Rule 4, contained in this Section, multiplied by the number of full months which elapsed from the date the retirement annuity payments began to January 1, 1972, plus
105 [April 13, 2000] 0.1667% of such annuity, multiplied by the number of full months which elapsed from January 1, 1972, or the date the retirement annuity payments began, whichever is later, to January 1, 1978, plus 0.25% of such annuity multiplied by the number of full months which elapsed from January 1, 1978, or the date the retirement annuity payments began, whichever is later, to the effective date of the increase. The annuitant shall receive an increase in his or her monthly retirement annuity on each January 1 thereafter during the annuitant's life of 3% of the monthly annuity provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in this Section. The change made under this subsection by P.A. 81-970 is effective January 1, 1980 and applies to each annuitant whose status as an employee terminates before or after that date. Beginning January 1, 1990, all automatic annual increases payable under this Section shall be calculated as a percentage of the total annuity payable at the time of the increase, including all increases previously granted under this Article. The change made in this subsection by P.A. 85-1008 is effective January 26, 1988, and is applicable without regard to whether status as an employee terminated before that date. (e) If, on January 1, 1987, or the date the retirement annuity payment period begins, whichever is later, the sum of the retirement annuity provided under Rule 1 or Rule 2 of this Section and the automatic annual increases provided under the preceding subsection or Section 15-136.1, amounts to less than the retirement annuity which would be provided by Rule 3, the retirement annuity shall be increased as of January 1, 1987, or the date the retirement annuity payment period begins, whichever is later, to the amount which would be provided by Rule 3 of this Section. Such increased amount shall be considered as the retirement annuity in determining benefits provided under other Sections of this Article. This paragraph applies without regard to whether status as an employee terminated before the effective date of this amendatory Act of 1987, provided that the annuitant was employed at least one-half time during the period on which the final rate of earnings was based. (f) A participant is entitled to such additional annuity as may be provided on an actuarially equivalent basis, by any accumulated additional contributions to his or her credit. However, the additional contributions made by the participant toward the automatic increases in annuity provided under this Section shall not be taken into account in determining the amount of such additional annuity. (g) If, (1) by law, a function of a governmental unit, as defined by Section 20-107 of this Code, is transferred in whole or in part to an employer, and (2) a participant transfers employment from such governmental unit to such employer within 6 months after the transfer of the function, and (3) the sum of (A) the annuity payable to the participant under Rule 1, 2, or 3 of this Section (B) all proportional annuities payable to the participant by all other retirement systems covered by Article 20, and (C) the initial primary insurance amount to which the participant is entitled under the Social Security Act, is less than the retirement annuity which would have been payable if all of the participant's pension credits validated under Section 20-109 had been validated under this system, a supplemental annuity equal to the difference in such amounts shall be payable to the participant. (h) On January 1, 1981, an annuitant who was receiving a retirement annuity on or before January 1, 1971 shall have his or her retirement annuity then being paid increased $1 per month for each year of creditable service. On January 1, 1982, an annuitant whose retirement annuity began on or before January 1, 1977, shall have his or her retirement annuity then being paid increased $1 per month for each year of creditable service. (i) On January 1, 1987, any annuitant whose retirement annuity began on or before January 1, 1977, shall have the monthly retirement annuity increased by an amount equal to 8¢ per year of creditable service times the number of years that have elapsed since the annuity began.
[April 13, 2000] 106 (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, eff. 8-16-97; 90-576, eff. 3-31-98; 90-655, eff. 7-30-98; 90-766, eff. 8-14-98.) (40 ILCS 5/15-136.2) (from Ch. 108 1/2, par. 15-136.2) Sec. 15-136.2. Early retirement without discount. A participant whose retirement annuity begins after June 1, 1981 and on or before September 1, 2002 and within six months of the last day of employment for which retirement contributions were required, may elect at the time of application to make a one time employee contribution to the System and thereby avoid the early retirement reduction in retirement annuity specified under subsection (b) of Section 15-136. The exercise of the election shall obligate the last employer to also make a one time non-refundable contribution to the System. The one time employee and employer contributions shall be a percentage of the retiring participant's highest full time annual salary rate during the academic years which were considered in determining his or her final rate of earnings, or if not full time then the full time equivalent. The employee contribution rate shall be 7% multiplied by the lesser of the following 2 sums: (1) the number of years that the participant is less than age 60; or (2) the number of years that the participant's creditable service is less than 35 years. The employer contribution shall be at the rate of 20% for each year the participant is less than age 60. The employer shall pay the employer contribution from the same source of funds which is used in paying earnings to employees. Upon receipt of the application and election, the System shall determine the one time employee and employer contributions. The provisions of this Section shall not be applicable until all the above outlined contributions have been received by the System; however, the date such contributions are received shall not be considered in determining the effective date of retirement. Employee and employer contributions under this Section shall be used only to eliminate the reduction for early retirement under Rules 1 and 3 of Section 15-136 and shall not be used in calculating annuities under Rules 2 or 4 set forth in Section 15-136. This amendatory Act of the 91st General Assembly is a clarification of existing law and applies to every participant and annuitant without regard to whether status as an employee terminates before the effective date of this amendatory Act. For persons who apply to the Board after the effective date of this amendatory Act of 1993 and before July 1, 1993, requesting a retirement annuity to begin no earlier than July 1, 1993 and no later than June 30, 1994, the employer shall pay both the employee and employer contributions required under this Section. The number of employees retiring under this Section in any fiscal year may be limited at the option of the employer to no less than 15% of those eligible. The right to elect early retirement without discount shall be allocated among those applying on the basis of seniority in the service of the last employer. (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97.) (40 ILCS 5/15-185) (from Ch. 108 1/2, par. 15-185) Sec. 15-185. Annuities, etc., exempt. The accumulated employee and employer contributions shall be held in trust for each participant and annuitant, and this trust shall be treated as a spendthrift trust. Except as provided in this Article, all cash, securities and other property of this system, all annuities and other benefits payable under this Article and all accumulated credits of participants and annuitants in this system and the right of any person to receive an annuity or other benefit under this Article, or a refund of contributions, shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process, in bankruptcy or otherwise, nor to sale, pledge, mortgage or other alienation, and shall not be assignable. The board, however, may deduct from the benefits, refunds and credits payable to the participant, annuitant or beneficiary, amounts owed by the participant or annuitant to the system. No attempted sale, transfer or assignment of any benefit, refund or credit shall prevent
107 [April 13, 2000] the right of the board to make the deduction and offset authorized in this Section. Any participant or annuitant may authorize the board to deduct from disability benefits or annuities, premiums due under any group hospital-surgical insurance program which is sponsored or approved by any employer; however, the deductions from disability benefits may not begin prior to 6 months after the disability occurs. A person receiving an annuity or benefit under this Article may also authorize withholding from that annuity or benefit for the purposes enumerated in and in accordance with the provisions of the State Salary and Annuity Withholding Act. This Section is not intended to, and does not, affect the calculation of any benefit under this Article or dictate how or to what extent employee or employer contributions are to be taken into account in calculating benefits. This amendatory Act of the 91st General Assembly is a clarification of existing law and applies to every participant and annuitant without regard to whether status as an employee terminates before the effective date of this amendatory Act. Public Act 86-273 is a clarification of existing law and shall be applicable to every participant and annuitant without regard to whether status as an employee terminates before the effective date of that Act. (Source: P.A. 90-65, eff. 7-7-97; 90-448, eff. 8-16-97; 90-511, eff. 8-22-97; 90-655, eff. 7-30-98.) Section 25. The Illinois Pension Code is amended by changing Section 15-136, 15-139, 15-146, 15-146.1, and 15-154 as follows: (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136) Sec. 15-136. Retirement annuities - Amount. The provisions of this Section 15-136 apply only to those participants who are participating in the traditional benefit package or the portable benefit package and do not apply to participants who are participating in the self-managed plan. (a) The amount of a participant's retirement annuity, expressed in the form of a single-life annuity, shall be determined by whichever of the following rules is applicable and provides the largest annuity: Rule 1: The retirement annuity shall be 1.67% of final rate of earnings for each of the first 10 years of service, 1.90% for each of the next 10 years of service, 2.10% for each year of service in excess of 20 but not exceeding 30, and 2.30% for each year in excess of 30; or for persons who retire on or after January 1, 1998, 2.2% of the final rate of earnings for each year of service. Rule 2: The retirement annuity shall be the sum of the following, determined from amounts credited to the participant in accordance with the actuarial tables and the prescribed rate of interest in effect at the time the retirement annuity begins: (i) the normal annuity which can be provided on an actuarially equivalent basis, by the accumulated normal contributions as of the date the annuity begins; and (ii) an annuity from employer contributions of an amount which can be provided on an actuarially equivalent basis from the accumulated normal contributions made by the participant under Section 15-113.6 and Section 15-113.7 plus 1.4 times all other accumulated normal contributions made by the participant. With respect to a police officer or firefighter who retires on or after the effective date of this amendatory Act of 1998, the accumulated normal contributions taken into account under clauses (i) and (ii) of this Rule 2 shall include the additional normal contributions made by the police officer or firefighter under Section 15-157(a). Rule 3: The retirement annuity of a participant who is employed at least one-half time during the period on which his or her final rate of earnings is based, shall be equal to the participant's years of service not to exceed 30, multiplied by (1) $96 if the participant's final rate of earnings is less than $3,500, (2) $108 if the final rate of earnings is at least $3,500 but less than $4,500, (3) $120 if the final rate of earnings is at least $4,500 but less than $5,500, (4) $132 if the final rate of earnings is at least $5,500 but less than $6,500, (5) $144 if the final rate of earnings is at least $6,500 but less than $7,500, (6) $156 if the final rate of earnings is at least $7,500 but less than
[April 13, 2000] 108 $8,500, (7) $168 if the final rate of earnings is at least $8,500 but less than $9,500, and (8) $180 if the final rate of earnings is $9,500 or more, except that the annuity for those persons having made an election under Section 15-154(a-1) shall be calculated and payable under the portable retirement benefit program pursuant to the provisions of Section 15-136.4. Rule 4: A participant who is at least age 50 and has 25 or more years of service as a police officer or firefighter, and a participant who is age 55 or over and has at least 20 but less than 25 years of service as a police officer or firefighter, shall be entitled to a retirement annuity of 2 1/4% of the final rate of earnings for each of the first 10 years of service as a police officer or firefighter, 2 1/2% for each of the next 10 years of service as a police officer or firefighter, and 2 3/4% for each year of service as a police officer or firefighter in excess of 20. The retirement annuity for all other service shall be computed under Rule 1. For purposes of this Rule 4, a participant's service as a firefighter shall also include the following: (i) service that is performed while the person is an employee under subsection (h) of Section 15-107; and (ii) in the case of an individual who was a participating employee employed in the fire department of the University of Illinois's Champaign-Urbana campus immediately prior to the elimination of that fire department and who immediately after the elimination of that fire department transferred to another job with the University of Illinois, service performed as an employee of the University of Illinois in a position other than police officer or firefighter, from the date of that transfer until the employee's next termination of service with the University of Illinois. Rule 5: The retirement annuity of a participant who elected early retirement under the provisions of Section 15-136.2 and who, on or before February 16 1995, brought administrative proceedings pursuant to the administrative rules adopted by the System to challenge the calculation of his or her retirement annuity shall be the sum of the following, determined from amounts credited to the participant in accordance with the actuarial tables and the prescribed rate of interest in effect at the time the retirement annuity begins: (i) the normal annuity which can be provided on an actuarially equivalent basis, by the accumulated normal contributions as of the date the annuity begins; and (ii) an annuity from employer contributions of an amount equal to that which can be provided on an actuarially equivalent basis from the accumulated normal contributions made by the participant under Section 15-113.6 and Section 15-113.7 plus 1.4 times all other accumulated normal contributions made by the participant; and (iii) an annuity which can be provided on an actuarially equivalent basis from the employee contribution for early retirement under Section 15-136.2, and an annuity from employer contributions of an amount equal to that which can be provided on an actuarially equivalent basis from the employee contribution for early retirement under Section 15-136.2. In no event shall a retirement annuity under this Rule 5 be lower than the amount obtained by adding (1) the monthly amount obtained by dividing the combined employee and employer contributions made under Section 15-136.2 by the System's annuity factor for the age of the participant at the beginning of the annuity payment period and (2) the amount equal to the participant's annuity if calculated under Rule 1, reduced under Section 15-136(b) as if no contributions had been made under Section 15-136.2. With respect to a participant who is qualified for a retirement annuity under this Rule 5 whose retirement annuity began before the effective date of this amendatory Act of the 91st General Assembly, and for whom an employee contribution was made under Section 15-136.2, the System shall recalculate the retirement annuity under this Rule 5 and shall pay any additional amounts due in the manner provided in Section
109 [April 13, 2000] 15-186.1 for benefits mistakenly set too low. The amount of a retirement annuity calculated under this Rule 5 shall be computed solely on the basis of those contributions specifically set forth in this Rule 5. Except as provided in clause (iii) of this Rule 5, neither an employee nor employer contribution for early retirement under Section 15-136.2, nor any other employer contribution, shall be used in the calculation of the amount of a retirement annuity under this Rule 5. The General Assembly has adopted the changes set forth in Section 25 of this amendatory Act of the 91st General Assembly in recognition that the decision of the Appellate Court for the Fourth District in Mattis v. State Universities Retirement System et al. might be deemed to give some right to the plaintiff in that case. The changes made by Section 25 of this amendatory Act of the 91st General Assembly are a legislative implementation of the decision of the Appellate Court for the Fourth District in Mattis v. State Universities Retirement System et al. with respect to that plaintiff. The changes made by Section 25 of this amendatory Act of the 91st General Assembly apply without regard to whether the person is in service as an employee on or after its effective date. (b) The retirement annuity provided under Rules 1 and 3 above shall be reduced by 1/2 of 1% for each month the participant is under age 60 at the time of retirement. However, this reduction shall not apply in the following cases: (1) For a disabled participant whose disability benefits have been discontinued because he or she has exhausted eligibility for disability benefits under clause (6) of Section 15-152; (2) For a participant who has at least the number of years of service required to retire at any age under subsection (a) of Section 15-135; or (3) For that portion of a retirement annuity which has been provided on account of service of the participant during periods when he or she performed the duties of a police officer or firefighter, if these duties were performed for at least 5 years immediately preceding the date the retirement annuity is to begin. (c) The maximum retirement annuity provided under Rules 1, 2,
[April 13, 2000] 110 previously granted under this Article. The change made in this subsection by P.A. 85-1008 is effective January 26, 1988, and is applicable without regard to whether status as an employee terminated before that date. (e) If, on January 1, 1987, or the date the retirement annuity payment period begins, whichever is later, the sum of the retirement annuity provided under Rule 1 or Rule 2 of this Section and the automatic annual increases provided under the preceding subsection or Section 15-136.1, amounts to less than the retirement annuity which would be provided by Rule 3, the retirement annuity shall be increased as of January 1, 1987, or the date the retirement annuity payment period begins, whichever is later, to the amount which would be provided by Rule 3 of this Section. Such increased amount shall be considered as the retirement annuity in determining benefits provided under other Sections of this Article. This paragraph applies without regard to whether status as an employee terminated before the effective date of this amendatory Act of 1987, provided that the annuitant was employed at least one-half time during the period on which the final rate of earnings was based. (f) A participant is entitled to such additional annuity as may be provided on an actuarially equivalent basis, by any accumulated additional contributions to his or her credit. However, the additional contributions made by the participant toward the automatic increases in annuity provided under this Section shall not be taken into account in determining the amount of such additional annuity. (g) If, (1) by law, a function of a governmental unit, as defined by Section 20-107 of this Code, is transferred in whole or in part to an employer, and (2) a participant transfers employment from such governmental unit to such employer within 6 months after the transfer of the function, and (3) the sum of (A) the annuity payable to the participant under Rule 1, 2, or 3 of this Section (B) all proportional annuities payable to the participant by all other retirement systems covered by Article 20, and (C) the initial primary insurance amount to which the participant is entitled under the Social Security Act, is less than the retirement annuity which would have been payable if all of the participant's pension credits validated under Section 20-109 had been validated under this system, a supplemental annuity equal to the difference in such amounts shall be payable to the participant. (h) On January 1, 1981, an annuitant who was receiving a retirement annuity on or before January 1, 1971 shall have his or her retirement annuity then being paid increased $1 per month for each year of creditable service. On January 1, 1982, an annuitant whose retirement annuity began on or before January 1, 1977, shall have his or her retirement annuity then being paid increased $1 per month for each year of creditable service. (i) On January 1, 1987, any annuitant whose retirement annuity began on or before January 1, 1977, shall have the monthly retirement annuity increased by an amount equal to 8¢ per year of creditable service times the number of years that have elapsed since the annuity began. (Source: P.A. 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, eff. 8-16-97; 90-576, eff. 3-31-98; 90-655, eff. 7-30-98; 90-766, eff. 8-14-98.) (40 ILCS 5/15-139) (from Ch. 108 1/2, par. 15-139) Sec. 15-139. Retirement annuities; Cancellation; Suspended during employment. (a) If an annuitant returns to employment for an employer within 60 days after the beginning of the retirement annuity payment period, the retirement annuity shall be cancelled, and the annuitant shall refund to the System the total amount of the retirement annuity payments which he or she received. If the retirement annuity is cancelled, the participant shall continue to participate in the System. (b) If an annuitant retires prior to age 60 and receives or becomes entitled to receive during any month compensation in excess of the monthly retirement annuity for services performed after the date of retirement for any employer under this System, the State Employees'
111 [April 13, 2000] Retirement System of Illinois, or the Teachers' Retirement System of the State of Illinois, that portion of the monthly retirement annuity provided by employer contributions shall not be payable. If an annuitant retires at age 60 or over and receives or becomes entitled to receive during any academic year compensation in excess of the difference between his or her highest annual earnings prior to retirement and his or her annual retirement annuity computed under Rule 1, Rule 2, Rule 3,
[April 13, 2000] 112 death of an annuitant shall be 50% of the retirement annuity which is payable under Section 15-136 at the time of death or 50% of the disability retirement annuity payable under Section 15-153.2. This minimum survivors annuity shall apply to each participant and annuitant who dies after September 16, 1979, whether or not his or her employee status terminates before or after that date. (c) If an annuitant has elected a reversionary annuity, the retirement annuity referred to in this Section is that which would have been payable had such election not been filed. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.) (40 ILCS 5/15-146.1) (from Ch. 108 1/2, par. 15-146.1) Sec. 15-146.1. Survivors insurance benefits-Maximum amounts. (a) The maximum total survivors annuity payable on account of any deceased participating employee shall be the lesser of: (1) 80% of the final rate of earnings; or (2) (A) $400 per month if one survivors insurance beneficiary is entitled to a survivors annuity, or (B) $600 per month if there are 2 or more such beneficiaries. (b) The maximum total survivors annuity payable on account of the death of any person occurring after retirement or after termination of his or her employee status shall be the lesser of: (1) 80% of the final rate of earnings; (2) (A) $400 per month if one survivors insurance beneficiary is entitled to a survivors annuity, or (B) $600 per month if there are 2 or more such beneficiaries; or (3) 80% of the retirement annuity payable to the annuitant at the date of retirement under the provisions of Rule 1, Rule 2,
113 [April 13, 2000] accordance with actuarial tables of this system, is the actuarial equivalent of the amount of the lump sum payment or death benefit. (g) The total monthly survivors annuity payable to the beneficiaries of any annuitant who terminated employment before July 14, 1959 and whose death occurs after September 16, 1977 shall not exceed $200. (h) Whenever a reduction in the survivors annuity is made as authorized above, the survivors annuity to each dependent parent shall be proportionately reduced or eliminated, and if further reduction is necessary, the survivors annuity payable to every other person shall be proportionately decreased. (Source: P.A. 86-272.) (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154) Sec. 15-154. Refunds. (a) A participant whose status as an employee is terminated, regardless of cause, or who has been on lay off status for more than 120 days, and who is not on leave of absence, is entitled to a refund of contributions upon application; except that not more than one such refund application may be made during any academic year. Except as set forth in subsections (a-1) and (a-2), the refund shall be the sum of the accumulated normal, additional and survivors insurance contributions, less the amount of interest credited on these contributions each year in excess of 4 1/2% of the amount on which interest was calculated. (a-1) A person who elects, in accordance with the requirements of Section 15-134.5, to participate in the portable benefit package and who becomes a participating employee under that retirement program upon the conclusion of the one-year waiting period applicable to the portable benefit package election shall have his or her refund calculated in accordance with the provisions of subsection (a-2). (a-2) The refund payable to a participant described in subsection (a-1) shall be the sum of the participant's accumulated normal and additional contributions, as defined in Sections 15-116 and 15-117. If the participant terminates with 5 or more years of service for employment as defined in Section 15-113.1, he or she shall also be entitled to a distribution of employer contributions in an amount equal to the sum of the accumulated normal and additional contributions, as defined in Sections 15-116 and 15-117. (b) Upon acceptance of a refund, the participant forfeits all accrued rights and credits in the System, and if subsequently reemployed, the participant shall be considered a new employee subject to all the qualifying conditions for participation and eligibility for benefits applicable to new employees. If such person again becomes a participating employee and continues as such for 2 years, or is employed by an employer and participates for at least 2 years in the Federal Civil Service Retirement System, all such rights, credits, and previous status as a participant shall be restored upon repayment of the amount of the refund, together with compound interest thereon from the date the refund was received to the date of repayment at the rate of 6% per annum through August 31, 1982, and at the effective rates after that date. (c) If a participant covered under the transitional benefit package has made survivors insurance contributions, but has no survivors insurance beneficiary upon retirement, he or she shall be entitled to a refund of the accumulated survivors insurance contributions, or to an additional annuity the value of which is equal to the accumulated survivors insurance contributions. (d) A participant, upon application, is entitled to a refund of his or her accumulated additional contributions attributable to the additional contributions described in the last sentence of subsection (c) of Section 15-157. Upon the acceptance of such a refund of accumulated additional contributions, the participant forfeits all rights and credits which may have accrued because of such contributions. (e) A participant who terminates his or her employee status and elects to waive service credit under Section 15-154.2, is entitled to a
[April 13, 2000] 114 refund of the accumulated normal, additional and survivors insurance contributions, if any, which were credited the participant for this service, or to an additional annuity the value of which is equal to the accumulated normal, additional and survivors insurance contributions, if any; except that not more than one such refund application may be made during any academic year. Upon acceptance of this refund, the participant forfeits all rights and credits accrued because of this service. (f) If a police officer or firefighter receives a retirement annuity under Rule 1 or 3 of Section 15-136, he or she shall be entitled at retirement to a refund of the difference between his or her accumulated normal contributions and the normal contributions which would have accumulated had such person filed a waiver of the retirement formula provided by Rule 4 of Section 15-136. (g) If, at the time of retirement, a participant would be entitled to a retirement annuity under Rule 1, 2, 3,
115 [April 13, 2000] N Garrett (Hamos) A Persico Y Giles Y Scully Y Hoeft N Smith, Michael Y Winkel Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted as amended" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 66. The committee roll call vote on HOUSE JOINT RESOLUTION 66 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair (Joseph Lyons) Y Acevedo Y Hassert (Osmond) Y Beaubien A Jones, Lou Y Biggins Y Lopez Y Bradley Y Pankau Y Bugielski Y Poe, Spkpn A Capparelli Y Rutherford A Tenhouse Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 385. Amendment No. 4 to SENATE BILL 1680. The committee roll call vote on Amendment No. 2 to SENATE BILL 385 and Amendment No. 4 to SENATE BILL 1680 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo Y Hassert Y Beaubien A Jones, Lou Y Biggins Y Lopez (Osterman) Y Bradley Y Pankau Y Bugielski Y Poe, Spkpn Y Capparelli Y Rutherford Y Tenhouse Representative Mautino, Chairperson, from the Committee on Insurance to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 4 to HOUSE BILL 2980. The committee roll call vote on Motion to Concur in Senate Amendment No. 4 to HOUSE BILL 2980 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Mautino, Chair A Lopez Y Bradley Y Mitchell, Bill (Osmond) Y Brady, Spkpn A Parke Y Bugielski A Persico Y Giles Y Stephens Y Hoeft Y Stroger Y Kenner Y Winkel Y Woolard, V-Chair Representative Kenner, Chairperson, from the Committee on State
[April 13, 2000] 116 Government to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar: SENATE JOINT RESOLUTION 43. The committee roll call vote on SENATE JOINT RESOLUTION 43 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Lang Y Curry, Julie Y Mitchell, Bill Y Feigenholtz (Delgado) Y O'Connor, Spkpn Y Franks Y Schmitz A Sommer CHANGE OF SPONSORSHIP Representative Osmond asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 355. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Parke asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3460. CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Zickus submitted the following First Conference Committee Report on HOUSE BILL 1812 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1812 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments Nos. 1 and 2 to House Bill 1812, recommend the following: (1) that the House concur in Senate Amendments Nos. 1 and 2; and (2) that House Bill 1812, AS AMENDED, be further amended as follows: in the title, by deleting "changing Section 10-17a and"; and in Section 5, in the introductory clause, by deleting "changing Section 10-17a and"; and in Section 5, by deleting Sec. 10-17a; and in Section 99, by replacing "2000" with "2001". Submitted on April 13, 2000. s/Sen. Chris Lauzen Rep. Larry Woolard s/Sen. Dan Cronin s/Rep. George P. Scully s/Sen. Doris Karpiel s/Rep. Gary Hannig Sen. Arthur Berman s/Rep. Art Tenhouse Sen. Vince Demuzio s/Rep. Anne Zickus Committee for the Senate Committee for the House INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 4714. Introduced by Representative Granberg, a bill for
117 [April 13, 2000] AN ACT in relation to motor vehicle fuel sales. HOUSE BILL 4715. Introduced by Representative Curry, a bill for AN ACT to amend the Counties Code by changing Section 3-6037. AGREED RESOLUTION The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 764 Offered by Representative Mautino: WHEREAS, It is with great pleasure that we recognize an Illinois citizen who has distinguished herself in service to her community and this State; and WHEREAS, Sophie "Pat" Lewis is celebrating twenty-five years service to the office of State Representative Frank J. Mautino, working for his father the former State Representative Richard A. Mautino from 1974 to 1991, and State Representative Frank J. Mautino from 1991 to the present; and WHEREAS, Sophie "Pat" Lewis was born in New York City on the Island of Manhattan in 1928 of Ukrainian descent; her father, Michael Pastuszyn, died when he was 52 years of age and her mother, Anastazia, died in Spring Valley on her birthday at the age of 101 years of age; and WHEREAS, Mrs. Lewis graduated from Central Commercial Business School in New York City in 1946; she worked for several insurance companies in Manhattan and also for CBS Television, where she planned to be a screen writer; and WHEREAS, She married the late Peter N. Lewis and moved to Florida where her two daughters were born; in 1970, they moved to Spring Valley; and WHEREAS, She is a Democratic Precinct Committee Person and Bureau County Democratic Chairwoman; and WHEREAS, Mrs. Lewis is the loving mother of Patricia A. Maunu, who works for Representative Mautino, and Felicia M. Ademi; she is the proud grandmother of Steven and Alexandria Lewis and William and Stephanie Losey and two step-grandchildren, Andrew and Nicole Maunu; and WHEREAS, Her greatest personal need is to assist people in need and by working in a legislative office it brings her gratification and fulfillment; and WHEREAS, Mrs. Lewis wants to take the first flight into space on a spaceship designated for senior citizens; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Sophie "Pat" Lewis on twenty-five years of dedicated service to the office of State Representative Frank J. Mautino and extend our wish for future happiness; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sophie "Pat" Lewis. HOUSE RESOLUTION 766 Offered by Representative Persico: WHEREAS, It is with great pleasure that the members of this Body welcome the opportunity to recognize citizens of this State who have made outstanding contributions to the school children and society; and WHEREAS, It has come to our attention that Jim Crabtree has announced his retirement as Principal of Lincoln School of Glen Ellyn School District 41 after 34 years of dedicated service as a teacher and administrator; and WHEREAS, Jim Crabtree worked at Lincoln School in Bellwood as a teacher, at Hillside School as the Dean of Studies, at East View Elementary School as Assistant Principal, at Woodland Elementary School
[April 13, 2000] 118 and Wheaton-Warrenville School District as Assistant Principal, at Tate Woods Elementary School as Principal, and at Forest Glen and Lincoln School as Principal; and WHEREAS, Mr. Crabtree was respected by both students and teachers as a person of integrity and trustworthiness; he always tried to be an educational leader and encouraged his staff to do their best; and WHEREAS, Jim Crabtree, a true family man and a good husband, has dedicated his life to his students, his school, and to education in the State of Illinois; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jim Crabtree for thirty-four years of outstanding service as an educator, that we commend him for his dedication to his profession and to his students, and that we extend to him our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jim Crabtree as an expression of our respect and esteem. HOUSE RESOLUTION 767 Offered by Representative Osmond: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the lives of Illinois citizens; and WHEREAS, David S. McAdams of Zion, Illinois, will retire on April 30, 2000, from his position as Chief of the Zion Fire Rescue Department; and WHEREAS, David McAdams became a firefighter for the Zion Fire Rescue Department on April 10, 1973; he was promoted to Sergeant on March 31, 1980, to Lieutenant on April 28, 1980, to Captain on April 14, 1986, to Operations Officer on May 1, 1986, and to Chief on May 7, 1987; and WHEREAS, David McAdams received his Bachelor's degree from Southern Illinois University on May 15, 1993; and WHEREAS, David McAdams was elected president of the Northern Illinois Fire Chief's Association, he is a member of Masonic Lodge #78, he is a 32-degree Scottish Rites member, he is a member of the Shriner's Club, he is a member of the International Fire Chief's Association, a member of the National Fire Prevention Association, a member of the Dive and Hazmat Team, a Certified State Safety Officer, and a member of the Illinois Fire Chief's Association; and WHEREAS, He has received many commendations and certificates of appreciation for his hard work and devotion, such as on November 2, 1983, when he rescued a 14 month old baby during a house fire; and WHEREAS, David McAdams will enjoy his retirement surrounded by his family, especially his three daughters, Marcie, Tammie, and Kellie, and his five grandchildren, Justin, Courtney, Kristie, Dan, and Ryan; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate David S. McAdams on his retirement as Chief of the Zion Fire Rescue Department on April 30, 2000; and be it further RESOLVED, That a suitable copy of this resolution be presented to David S. McAdams. HOUSE RESOLUTION 768 Offered by Representative Morrow: WHEREAS, The members of the House of Representatives were saddened to learn of the recent death of R. Elizabeth Shannon of Chicago; and WHEREAS, Elizabeth Shannon was born Rose Elizabeth Brown in Birmingham, Alabama, on September 12, 1916, the daughter of the late Simon and Willie Mae Brown; her parents relocated to Chicago where she was educated at Burke elementary school and DuSable and Hyde Park high schools; and WHEREAS, She was joined in holy matrimony to William H. Shannon, who preceded her in death in 1994, on January 24, 1936, and to this
119 [April 13, 2000] union were born two children, Betty Jo and William H. III; and WHEREAS, As a politician's wife whose husband served three terms as Committeeman and Alderman of the 17th Ward, Mrs. Shannon worked closely with her husband's political office; and WHEREAS, Mrs. Shannon was very close to her family, raising her children and being involved in the lives of her grandchildren and great-grandchildren; and WHEREAS, She was an active member at St. Elizabeth, St. Carthage, and St. Dorothy Roman Catholic Churches; she and her husband were godparents of Wilton Gregory and encouraged him in his life in the Roman Catholic Church; he is now the most Reverend Wilton D. Gregory, Bishop of Belleville, Illinois; and WHEREAS, Elizabeth Shannon was a member of several organizations, including the Classy Apex Social Club, the Top Ladies of Distinction, the Burkites (Edmond Burke Elementary School Alumnus), and the Hoe Downer and Chi Squares; and WHEREAS, She was also involved with the American Cancer Society, receiving the 1969 award for distinguished services as a Section Chairman in Field Service; she served as Sick Committee Chairperson for the 74th Street Block Club, and devoted many hours to the March of Dimes, American Red Cross, Council of Catholic Women, and Chicago Park District; she also volunteered at each school to help her grandchildren through school; and WHEREAS, Elizabeth Shannon was a loving wife, devoted mother, and proud grandmother and great-grandmother; she always managed to maintain a warm, loving home for her family; and WHEREAS, The passing of Elizabeth Shannon will be deeply felt by her family and friends, especially her daughter, Betty Jo Thomas-Orr Bell; her son, William H. Shannon III; her son-in-law, Edward Bell; her grandchildren, Pamela F. Thomas-Hall, Kenneth E. and Neil A. Thomas, William H. Shannon IV, Nichole, Stephanie and Christopher Shannon, and Regan and Nicole Swanigan; her great-grandchildren, Omri J. Hall, Timothy, Tiia, Jordan, Jade and Julian Thomas, JaVaughn and Jade Shannon, and Isaiah Rodriguez; her half-sister, Mrs. Tollese Parker; and her first cousin, Evelyn V. Davis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and regret the death of R. Elizabeth Shannon and extend our sincere condolences to her family and friends; and be it further RESOLVED, That suitable copies of this resolution be presented to the family of R. Elizabeth Shannon. HOUSE RESOLUTION 769 Offered by Representative Morrow: WHEREAS, The members of the House of Representatives were saddened to learn of the death of Charles E. "Charlie" Gaines, a former member of the House of Representatives and the son of a member of the House of Representatives, on Tuesday, March 28, 2000; and WHEREAS, Charles Gaines served as a member of the House from 1975 to 1981; and WHEREAS, Charles Gaines was born in Chicago, the son of Dr. Irene McCoy Gaines and Harrison B. Gaines, an attorney who served in this House from 1929 to 1935; he was educated in the Chicago Public Schools, at Fisk University, the University of Illinois, John Marshall Law School, and the Loyola School of Social Work; and WHEREAS, Mr. Gaines was a member of Commonwealth Community Church and the United Council of Christian Men; and WHEREAS, Mr. Gaines was also a member of Operation PUSH, the Chatham-Avalon Mental Health Service Organization, the Chicago Urban League, the NAACP, the 2nd Ward Young Republican Club, the Cook County Republican Organization, the Young Republican National Federation, and the Chatham Avalon Park Community Council; and WHEREAS, Charles Gaines was a man who was a leader and a mentor; he was a role model for young people; and WHEREAS, A loving husband and father, Charles Gaines passing will
[April 13, 2000] 120 be deeply felt by his family and friends, especially his wife, Stella; his son, Michael; his daughter, Cheryl; his stepson, Everett Carr; his stepdaughters, Marishka Carr and Dionne Martin; and his godson, Wayland Johnson; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and regret the death of Charles E. Gaines, a former member of this House, and extend our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to his widow, Stella Gaines. HOUSE RESOLUTION 770 Offered by Representative Stephens: WHEREAS, It has come to our attention that Mrs. Mae Grapperhaus of Troy was recently named a recipient of the Illinois Woman of Achievement Award for her outstanding achievements in her community; and WHEREAS, Mrs. Grapperhaus has spent the better part of her life doing whatever she could to make her community a better one in which to live; and WHEREAS, Mrs. Grapperhaus serves as editor of the local newspaper, the Times-Tribune, and represents the newspaper on the Chamber of Commerce; she also served several terms on the Board of Directors of the Chamber of Commerce; and WHEREAS, Mrs. Grapperhaus wants to see Troy maintain its heritage, and to help accomplish that she spent several terms as board president of the Troy Historical Society and works on the Board of Directors; as a member of the Troy Economic Development Commission, Mrs. Grapperhaus was instrumental in bringing a downtown renovation program, the Main Street Program, to Troy; and WHEREAS, Mae Grapperhaus has been married for thirty-nine years and has six children, all residents of the Troy area; and WHEREAS, She is a member of St. Jerome's Catholic Church, the Knights of Columbus, and is president of the Troy Historical Preservation Committee; and WHEREAS, A woman such as Mae Grapperhaus deserves our respect and admiration; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mrs. Mae Grapperhaus on receiving the Illinois Woman of Achievement Award and applaud the work she has done for her community; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mrs. Mae Grapperhaus. HOUSE RESOLUTION 771 Offered by Representative Poe: WHEREAS, The members of the Illinois House of Representatives wish to extend their sincere sympathy to the family and friends of Nicole Renee Siudyla, who recently passed away; and WHEREAS, Nicole Renee Siudyla was born in Springfield, Illinois, on November 7, 1982; she was the daughter of Alexander and Deborah Marie Bouselli Siudyla; and WHEREAS, Nicole Siudyla was a junior at Rochester High School where she was a member of the track team, the tennis team, and the science club; she was actively involved in the after-prom committee, peer mediation, Big Buddies, and the student council; and she was a proud member of the honor society; and WHEREAS, Nicole Siudyla always had a warm smile and a friendly hello to all who met her; and WHEREAS, Nicole Siudyla was very active with the Division of Cardiothoracic Surgery at the SIU School of Medicine; and WHEREAS, Her passing will be felt by all that knew Nicole, especially her parents, Alexander and Deborah; her brothers, Nicholas,
121 [April 13, 2000] Joshua, Jacob, and Simean; her grandparents, Mary and Anthony Bouselli, and Dorothy Siudyla; and her aunts, uncles, and cousins; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we extend our deepest and most heartfelt condolences to the family and friends of Nicole Renee Siudyla, who truly was a bright star in the world; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Nicole Renee Siudyla. HOUSE RESOLUTION 772 Offered by Representative Schoenberg: WHEREAS, J. Parker Hall, Jr., a former treasurer of the University of Chicago and a longtime resident of Highland Park, recently passed away; and WHEREAS, J. Parker Hall, Jr. was born on the campus of the University of Chicago on February 26, 1906, where his father, James Parker Hall, was dean of the law school; and WHEREAS, He was a graduate of the University of Chicago, where he was a varsity tennis player and star water polo player, named to the Big Ten Conference team three times; he received his Master's degree in business administration from Harvard University in 1929; he worked on Wall Street for 17 years before returning to Chicago; and WHEREAS, For 23 years, J. Parker Hall, Jr. worked as the treasurer of the University of Chicago; under his leadership the university became a pioneer in the use of innovative investments for endowment funds; and WHEREAS, J. Parker Hall, Jr. served on the board of directors for many companies, including Chicago Title and Trust, Foote, Cone and Belding, and People's Gas; he was instrumental in the founding of the Financial Analysts Federation and certification of financial analysts; he served on the board of two school districts and a number of social agencies; he was a life trustee of Ravinia Festival, and a member of the Commercial Club of Chicago; and WHEREAS, He was the author of three books on family history and enjoyed the outdoors; and WHEREAS, The passing of J. Parker Hall, Jr. will be deeply felt by all who knew him, especially his loving wife of 68 years, Frances (Ferris) Hall; his sons, J. Parker Hall III, Ferris M. Hall, and Bronson R. Hall; his seven grandchildren; and his nine great-grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all that knew him, the death of J. Parker Hall, Jr.; and be it further RESOLVED, That a suitable copy of this resolution be presented to his loving wife, Mrs. Frances Hall. HOUSE RESOLUTION 773 Offered by Representative Scheonberg: WHEREAS, The members of the Illinois House of Representatives wish to extend their sincere condolences to the family and friends of David H. Hilton of Winnetka, who recently passed away; and WHEREAS, David Hilton was born in Evanston and was a 1947 graduate of Evanston Township High School; he was a graduate of Dartmouth College and Amos Tuck School of Business; and a veteran of the United States Air Force; and WHEREAS, David Hilton worked for Northwestern Mutual Life Insurance Company of 38 years, where he was a record setting life insurance agent; he was Winnetka village trustee; he also served as a leader in his church, Church of the Holy Comforter in Kenilworth, Illinois; and WHEREAS, His passing will be felt by all that knew him, especially his loving wife of 41 years, Ginny; his three children, David H. Hilton, Jr. (Anne), Linda H. Garten (George), and Laura W. Hilton; his
[April 13, 2000] 122 grandchildren, David H. Hilton III, Margaret A. Hilton, and George L. Garten IV; and his sister, Jayne Wolf; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all that knew him, the death of David H. Hilton; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mrs. David H. Hilton. HOUSE RESOLUTION 774 Offered by Representatives Schoenberg - Hamos: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Al Tisdahl of Evanston, Illinois; and WHEREAS, Al Tisdahl was raised on Chicago's Northside; he worked his way through the University of Chicago, first as a Chicago Park District lifeguard, then as a Chicago Transit Authority bus driver; one of his passengers was his future wife, Elizabeth Beidler; and WHEREAS, Al Tisdahl graduated from the University of Illinois law school and then served in the United States Navy during the Vietnam war; he was a deep sea diver and submarine rescue team member; and WHEREAS, Mr. Tisdahl, a prominent and well respected attorney, was the head of the medical malpractice law firm of French, Kezelis & Kominiarek; he was active in the Democratic Party; he will be remembered for his love of children, especially the Evanston Youth Hockey Association, where he served as president of the board; and WHEREAS, Mr. Tisdahl, despite a very busy professional life, was a devoted husband and father; he always had time for his children and their friends; and WHEREAS, His passing will be felt by all that knew him, especially his loving wife, Elizabeth; his children, Kathy Hughes (Patrick Jr.), Douglas, and Mark; his granddaugther; his brother, Robert, and his many nieces and nephews; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all that knew him, the death of Al Tisdahl of Evanston, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mrs. Elizabeth Tisdahl. HOUSE RESOLUTION 775 Offered by Representative Gash: WHEREAS, The Women of Achievement Awards Benefit of the YWCA provides a unique opportunity for business and civic leaders in Lake and McHenry Counties to celebrate the valuable contributions women are making in the workplace and in the community; and WHEREAS, A woman chosen to receive a Women of Achievement Award embodies excellence in her field, is an outstanding role model for other women in the field of endeavor, and has gone beyond excellence to work on behalf of racial or economic justice, equal opportunity, and enhancement of quality of life; and WHEREAS, The awards this year go to: Irene Sahyouni for Business, Dee Crowley and Joyce Quilty for Community Volunteer, Kimberly B. Fisher for Education, Jeanne Silver and Angela Tomlinson for Entrepreneurship, Kathryn M. A. Anderson for Professions, and Evelyn Alexander and Syndy Nugent for Public Service; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate these women on the honor being paid them by the YWCA and extend to them our best wishes for their futures; and be it further RESOLVED, That suitable copies of this resolution be presented to each person mentioned above. HOUSE RESOLUTION 776 Offered by Representative Schoenberg:
123 [April 13, 2000] WHEREAS, It has come to our attention that Selig and Miriam Spun will be honored at the 104th Annual Dinner to be given by Congregation Bnei Ruven on June 14, 2000 at the Hyatt Regency in Chicago; and WHEREAS, Mr. and Mrs. Spun have been pillars of the Chicago Jewish Community for forty years; they were both born in Poland and are survivors of the Holocaust; and WHEREAS, They came to the United States in 1947 and met ten years later in New York, where they married; they settled in Chicago and have two children, Naftali and Aliza; and WHEREAS, In 1961, they opened the first strictly kosher supermarket on Chicago's Devon Avenue, staying in the kosher business since that time; in 1971, they sold the store and moved to Israel, where they lived for nine years; and WHEREAS, After their return in 1982, they opened Selig's Kosher Deli in Highland Park; sixteen years later they closed it and joined their son-in-law, Ron Lipson, at Brooklyn Market in Buffalo Grove; and WHEREAS, Mr. and Mrs. Spun have engaged in numerous community activities and have earned the respect of all who know them; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mr. and Mrs. Selig Spun on the honor being paid them at the Annual Dinner of Congregation Bnei Ruven and applaud the many works they have done for their community; and be it further RESOLVED, That a suitable copy of this resolution be presented to Selig and Miriam Spun. HOUSE RESOLUTION 777 Offered by Representative Schoenberg: WHEREAS, It has come to our attention that Kerry Peck will be honored at the 104th Annual Dinner to be given by Congregation Bnei Ruven on June 14, 2000 at the Hyatt Regency in Chicago; and WHEREAS, Kerry Peck is an attorney will extensive law practice in the areas of Probate Law, Elder Law, Estate Planning, and Guardianship/Probate litigation; and WHEREAS, Mr. Peck is the President of the Chicago Bar Association; he is a member of the Board of Directors for the Illinois Chapter of the National Academy of Elder Law Attorneys, the Center for Disability and Elder Law, and the Decalogue Society of Lawyers; and WHEREAS, A published author and noted lecturer, Mr. Peck has appeared on television several times, providing education and legal services to the public; and WHEREAS, Mr. Peck's work has helped many Chicagoans, who are confronted with a formidable and confusing legal system, find advocacy and justice; and WHEREAS, Kerry Peck is indeed worthy of our praise and admiration; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Kerry Peck on being honored at the Annual Dinner of Congregation Bnei Ruven and applaud his good works and dedication to the community; and be it further RESOLVED, That a suitable copy of this resolution be presented to Kerry Peck. HOUSE RESOLUTION 778 Offered by Representative Gash: WHEREAS, It is with great pleasure that the members of this Body welcome the opportunity to recognize citizens of this State who make outstanding contributions to society; and WHEREAS, It has come to our attention that Donald A. Johnson has announced his retirement as president of the Illinois AFL-CIO; and WHEREAS, Mr. Johnson was appointed president of the Illinois AFL-CIO in April of 1993 and elected without opposition in 1996; as
[April 13, 2000] 124 president, he represents over 1.25 million working men and women in Illinois; and WHEREAS, Prior to becoming president, Mr. Johnson was elected as secretary-treasurer and prior to that served as COPE/Legislative Director of the Illinois AFL-CIO; from 1978 to 1987, Mr. Johnson served as executive secretary to the West Central Illinois Building and Construction Trades Council; from 1973 to 1977, he served as the administrative assistant to the director and later as the director of the Illinois Department of Labor; and WHEREAS, Mr. Johnson has been a member of the International Brotherhood of Electrical Workers, Local 34 since 1956 and is a former executive board member, president, and business manager/financial secretary of his local union; and WHEREAS, Mr. Johnson is also a member of the Illinois Workers Compensation Advisory Board, Illinois Employment Security Advisory Board, Illinois Labor Management Committee, and Illinois Workers Compensation Self Insurance Advisory Board; and WHEREAS, In 1992, he was the Illinois Labor Representative to the German Marshall Fund touring the education system in both Germany and Denmark, and in 1993, he was a participant in the Israeli Trade Union Delegation; and WHEREAS, Mr. Johnson and his wife, Nancy, are the loving parents of one son and the proud grandparents of two grandsons; and WHEREAS, Mr. Johnson was born into the labor movement, following in his father's footsteps as an electrician; his mother was a member of Communication Workers of America and worked for Illinois Bell for over 15 years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Donald A. Johnson on his retirement as president of the Illinois AFL-CIO and applaud his fine work over the years; and be it further RESOLVED, That a suitable copy of this resolution be presented to Donald A. Johnson. HOUSE RESOLUTION 779 Offered by Representative Mathias: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in high school sports in the State of Illinois; and WHEREAS, The Buffalo Grove High School Girls Varsity Basketball Team, the Bison, recently won the State Class AA Basketball Championship held in the Redbird Arena in Normal, Illinois; and WHEREAS, The Bison met the challenge by first defeating the Thornwood Thunderbirds in the quarterfinal game; they then went on to defeat the team from Fenwick High School in the semifinal game; finally, they faced the Chicago Public League champions from Washington High School in the final game; in the end, the Minutewomen of Washington were defeated by a final score of 60 to 51, and the Bison were going home the winners; and WHEREAS, The Bison team consists of Piper Mead, Melissa Counley, Allison Guth, Tiffany Mah, Laura Becker, Lindsey Hamma, Kristen Schaap, Patty Vermiglio, Kathleen Nowicki, Melissa Peterson, and Kendra Ryl; their coach is Tom Dineen; the team ended the season with 34 wins and 4 losses; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Bison, the Buffalo Grove High School Girls Varsity Basketball Team, on winning the State Class AA Basketball Championship; and be it further RESOLVED, That a suitable copy of this resolution be presented to the principal of Buffalo Grove High School and Girls Basketball Coach Tom Dineen. HOUSE RESOLUTION 786 Offered by Representatives Daniels - Madigan - Tim Johnson -
125 [April 13, 2000] Skinner - Capparelli, Currie, Hannig, Younge and All other Members of the House: WHEREAS, The members of the House of Representatives were saddened to learn of the death of Charles Ellis "Charlie" Gaines of Chicago, former member of this House of Representatives, on Tuesday, March 28, 2000; and WHEREAS, Charles Gaines was born in Chicago on January 16, 1924, the son of former State Representative Harris B. Gaines, Sr. and past president of the City, State, and National Association of Colored Women's Clubs, Irene McCoy Gaines; he was the grandson of William Thomas Gaines, the first Black plastering contractor in Chicago, and grand-nephew of George W. Ellis, secretary of the American Legation in Liberia and assistant corporation counsel for the City of Chicago; and WHEREAS, Mr. Gaines was educated at Douglas and Christopher Elementary Schools and Morrill branches of Lindbloom and Spaulding High Schools; he spent two years at Fisk University and graduated from the University of Illinois in Champaign, receiving a bachelor's degree in political science; he did post-graduate work at John Marshall Law School and Loyola University School of Social Work; and WHEREAS, In 1975, Charlie Gaines reached one of his goals when he was elected to the House of Representatives where he was the only African-American Republican State Representative; he served as a State Representative until 1981; and WHEREAS, Mr. Gaines also served as a Property Insurance Consultant, Cook County Department of Public Aid, Director of Consumer Fraud, Office of the Attorney General, and Community Service Coordinator with the Department of Human Services; and WHEREAS, Mr. Gaines was affiliated with a number of groups, including Alpha Phi Alpha Fraternity, Delta Sigma Rho Speech Honorary Society, Chatham-Avalon Park Community Council board member, South Central Community Health Service Organization board member, Parliamentarian of the District 27 School Council, and President of Districts 22 and 27 School Council; and he belonged to the Commonweath Community Church, where he was a member of the governing board; and WHEREAS, The passing of Charles Ellis Gaines will be deeply felt by his family and friends, especially his wife, Stella; his daughter, Dr. Cheryl Gaines; his son, Michael Ellis Gaines; his grandson, Jonathan D. Hunter; his cousins, Mrs. Virginia Gaines Giles and Mrs. Louise Gaines Daughtery; his stepdaughters, Dionne Martin (Avrione), Markisha Carr, Michele Jackson, Ursula Ballard, Adrienne Walls, and Courtney Walls; and his stepson, Everett Carr; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and deep regret the death of Charles Ellis Gaines, a respected colleague, and extend our appreciation and recognition of his many contributions and our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to his widow, Mrs. Stella Driver Gaines. The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 765 Offered by Representatives Feigenholtz - Kosel: WHEREAS, The United States Supreme Court in Olmstead v. L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), affirmed that the unjustifiable institutionalization of a person with a disability who could live in the community with proper support, and wishes to do so, is unlawful discrimination in violation of the Americans with Disabilities Act (ADA); and WHEREAS, Pursuant to the Supreme Court's ruling, the U.S. Department of Health and Human Services (HHS) has issued guidelines to the states on how to make state programs responsive to persons with disabilities who wish to live in the most integrated setting
[April 13, 2000] 126 appropriate; and WHEREAS, In providing for its citizens with disabilities, a state must provide community-based services for persons with disabilities otherwise entitled to institutional services when the state's treatment professionals determine that community placement is appropriate, provided that the person with a disability chooses community-based services; and WHEREAS, In Olmstead, the Supreme Court ruled that a state's obligations under the ADA are met if the state has a comprehensive effective working plan for placing qualified persons with disabilities in less restrictive settings with appropriate support services; and WHEREAS, It is critical to the success of Illinois' comprehensive effective working plan that all appropriate State departments and agencies and stakeholders, including, but not limited to persons with disabilities and their family members, organizations representing persons with disabilities and providers of services to persons with disabilities, collaborate in the development, monitoring, and subsequent modification of the comprehensive effective working plan; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois Department of Human Services is directed to do the following in response to the U.S. Supreme Court's decision in Olmstead v. L.C. Ex Rel. Zimring: 1. Analyze current policies and service delivery systems for persons with disabilities including, but not necessarily limited to intake, admission, assessment, eligibility criteria, resource allocation, community-based supports, and demonstration programs: 2. Serve as the lead agency in developing a comprehensive effective working plan that includes (i) procedures to avoid unnecessary institutionalization of persons with disabilities, (ii) procedures for placing qualified persons with disabilities in the most integrated setting appropriate for each individual with appropriate supports, (iii) provisions for services and supports along a full continuum from the most integrated to the most restrictive, and (iv) a waiting list to move persons with disabilities into the most integrated setting appropriate at a reasonable pace that is not driven by the need to keep the State's institutions fully populated; and be it further RESOLVED, That the Department of Human Services shall involve all appropriate stakeholders as integral participants in the process of developing, implementing, modifying, and reviewing a comprehensive effective working plan, including the Department of Public Aid, the Department on Aging, the Illinois State Board of Education, and other State departments and agencies, persons with disabilities and their family members, organizations and individuals who represent persons with disabilities, and providers of services to persons with disabilities; and be it further RESOLVED, That the Department of Public Aid, the Department on Aging, the State Board of Education, and other State agencies shall cooperate fully with the Department of Human Services in fulfilling the requirements of this resolution; and be it further RESOLVED, That the Department of Human Services shall file a report of its activities as required by this resolution and the comprehensive effective working plan with the House of Representatives by January 9, 2001; and be it further RESOLVED, That a copy of this resolution be sent to the Secretary of Human Services. HOUSE JOINT RESOLUTION 67 Offered by Representative Cowlishaw: WHEREAS, The rapid development of energy producing facilities, including peaker and cogeneration facilities, in highly developed areas has led to concerns regarding the environmental impact of those facilities, including but not limited to the impact on the State's groundwater and surface water resources and on surrounding communities
127 [April 13, 2000] and residences; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that by July 1, 2000, a special Environmental Resources Advisory Committee shall be appointed to examine the environmental impact of new and expanded energy producing facilities and the associated developments necessitating their growth, as deemed necessary by the Advisory Committee; environmental impact analysis in this regard shall focus upon, but may not be limited to, the State's groundwater and surface water; the Advisory Committee shall provide a legislative proposal to the Governor by December 15, 2000; and be it further RESOLVED, That the Advisory Committee shall consist of one member appointed by the Governor who shall serve as Chairman, one Senator appointed by the President of the Senate, one Senator appointed by the Minority Leader of the Senate, one Representative appointed by the Speaker of the House of Representatives, one Representative appointed by the Minority Leader of the House of Representatives, the Director of the Environmental Protection Agency or his or her designee, the Director of Natural Resources or his or her designee, the Director of Agriculture or his or her designee, the Director of Commerce and Community Affairs or his or her designee, the Director of Nuclear Safety or his or her designee, the Chairman of the Illinois Commerce Commission or his or her designee, the Chairman of the Pollution Control Board or his or her designee, and representatives from each of the following groups to be appointed by the Governor: the energy producing industry, local government, the business community, the home building industry, the agricultural community, the environmental community, the water supply community, the water authorities, and the soil and water conservation districts; members of the Advisory Committee may organize themselves as they deem necessary; members of the Advisory Committee shall meet periodically and serve without compensation; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Governor, the Director of the Environmental Protection Agency, the Director of Natural Resources, the Director of Agriculture, the Director of Commerce and Community Affairs, the Director of Nuclear Safety, the Chairman of the Illinois Commerce Commission, and the Chairman of the Pollution Control Board. HOUSE RESOLUTIONS 720, 721, 722, 724, 725, 726, 727, 729, 730, 731, 733, 734, 736, 737, 738, 739, 740, 742, 743, 744, 745, 746, 747, 748, 749, 750, 752, 755, 756, 757, 758, 759, 760, 762 and 763 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. 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 Hamos, SENATE BILL 1693 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING
[April 13, 2000] 128 SENATE BILL 1007. 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. Representative Erwin offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1007 AMENDMENT NO. 1. Amend Senate Bill 1007 as follows: by replacing the title of the bill with the following: "AN ACT in relation to public and private employment."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Broadcasting Industry Freedom of Employment Act. Section 5. Covenants not to compete void. (a) Any contract or agreement that creates or establishes the terms of employment for an employee or individual in the broadcasting industry, including employment with a television station, television network, radio station, radio network, or any entity affiliated with any of the foregoing, and that restricts the right of such an employee or individual to obtain employment in a specified geographic area for a specified period of time after termination of employment of the employee by the employer, or by termination of the employment relationship by mutual agreement of the employer and the employee, or by termination of the employment relationship by the expiration of the contract or agreement, is void and unenforceable with respect to that provision. (b) An employee or individual who is adversely affected by a violation of this Act may commence a civil action to enforce his or her rights under this Act. Whoever violates this Act is liable for reasonable attorney's fees and costs associated with litigation by an affected employee or individual in such a civil action. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. 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 Silva, SENATE BILL 1428 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: 82, Yeas; 32, Nays; 2, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. On motion of Representative Lindner, SENATE BILL 1298 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 4) This bill, as amended, having received the votes of a
129 [April 13, 2000] 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 Durkin, SENATE BILL 1231 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 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 Andrea Moore, SENATE BILL 1627 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 1, 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. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 390, having been printed, were taken up for consideration. Representative Skinner moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. The motion prevailed. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 4045, having been printed, was taken up for consideration. Representative Scully moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 7) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 4045. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 861, having been printed, was taken up for consideration. Representative Winkel moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 90, Yeas; 15, Nays; 11, Answering Present. (ROLL CALL 8) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 861. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 2991, having been printed, was taken up for consideration. Representative Meyer moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9)
[April 13, 2000] 130 The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 2991. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 3093, having been printed, were taken up for consideration. Representative Granberg moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 111, Yeas; 5, Nays; 0, Answering Present. (ROLL CALL 10) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 3093. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 3465, having been printed, was taken up for consideration. Representative McAuliffe moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3465. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1393. 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. Representative Dart offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1393 AMENDMENT NO. 1. Amend Senate Bill 1393 as follows: on page 2, by replacing lines 29 through 32 with the following: "a rail carrier employee may be arrested and prosecuted for a violation of subdivision (1)(e) of Section 18c-7402 where he or she is an officer or director of the rail carrier whose managerial duties include the establishment, maintenance, or supervision of the rail carrier's routes, traffic, or timetables, or whose managerial duties include the supervision of, oversight of, or responsibility for track or other railroad-related construction, maintenance, or improvements. No person operating a motor vehicle in"; and on page 12, line 19, by deleting "Chronic obstruction of a grade crossing."; and by replacing lines 29 through 34 on page 12 and lines 1 through 4 on page 13 with the following: "fire department vehicles. If, after reasonable notice and a hearing at which the railroad is entitled to be represented by counsel, present evidence, and otherwise be heard, the Commission finds probable cause to believe that, within a 2 week period, the railroad's trains have stopped traffic at a described crossing for 20 minutes or longer on 3 or more occasions, the Commission shall refer the matter to the State's Attorney of the county in which the obstruction has occurred, together with any transcript, documents, and other physical evidence presented at a the hearing, for prosecution for the chronic obstruction of a grade crossing within the Chicago switching district or any other indicated offense. (e) Chronic obstruction of a grade crossing within the Chicago switching district. A person commits the offense of chronic obstruction of a grade crossing within the Chicago switching district if the person
131 [April 13, 2000] is a railroad officer or director whose managerial duties include the establishment, maintenance, or supervision of the railroad's routes, traffic, or timetables; or the person is a railroad officer or director whose managerial duties include the supervision of, oversight of, or responsibility for track or other railroad-related construction, maintenance, or improvements at the site of an obstructed grade crossing and: (i) a train or combination of trains subject to that person's supervision, scheduling, direction, or oversight has stopped traffic within the Chicago switching district at the same railroad crossing for 20 minutes or longer on 3 or more occasions within a 2 week period; or (ii) a train or combination of trains has stopped traffic within the Chicago switching district at the same railroad crossing for 20 minutes or longer on 3 or more occasions within a 2 week period due to track or other railroad construction, maintenance, or improvements subject to that person's supervision, responsibility, or oversight. The railroad or railroad corporation employing that person is also liable for violations of this Section. A railroad or rail carrier which operates trains or constructs, maintains, or improves track within the Chicago switching district shall be deemed to have given consent to prosecution under this Section of itself and on behalf of officers and directors subject to the provisions of this Section. The officers and directors of that railroad shall also be deemed to have given consent to their prosecution under this Section. Chronic obstruction of a grade crossing within the Chicago switching district is a Class C misdemeanor for the first offense."; and on page 13, by replacing lines 7 through 11 with the following: "be triple the fine amount of the first offense."; and on page 17, line 9, by deleting "Chronic obstruction of a grade crossing."; and by replacing lines 19 through 28 on page 17 with the following: "fire department vehicles. If, after reasonable notice and a hearing at which the railroad is entitled to be represented by counsel, present evidence, and otherwise be heard, the Commission finds probable cause to believe that, within a 2 week period, the railroad's trains have stopped traffic at a described crossing for 20 minutes or longer on 3 or more occasions, the Commission shall refer the matter to the State's Attorney of the county in which the obstruction has occurred, together with any transcript, documents, and other physical evidence presented at a the hearing, for prosecution for the chronic obstruction of a grade crossing within the Chicago switching district or any other indicated offense. (e) Chronic obstruction of a grade crossing within the Chicago switching district. A person commits the offense of chronic obstruction of a grade crossing within the Chicago switching district if the person is a railroad officer or director whose managerial duties include the establishment, maintenance, or supervision of the railroad's routes, traffic, or timetables; or the person is a railroad officer or director whose managerial duties include the supervision of, oversight of, or responsibility for track or other railroad-related construction, maintenance, or improvements at the site of an obstructed grade crossing and: (i) a train or combination of trains subject to that person's supervision, scheduling, direction, or oversight has stopped traffic within the Chicago switching district at the same railroad crossing for 20 minutes or longer on 3 or more occasions within a 2 week period; or (ii) a train or combination of trains has stopped traffic within the Chicago switching district at the same railroad crossing for 20 minutes or longer on 3 or more occasions within a 2 week period due to track or other railroad construction, maintenance, or improvements subject to that person's supervision, responsibility,
[April 13, 2000] 132 or oversight. The railroad or railroad corporation employing that person is also liable for violations of this Section. A railroad or rail carrier which operates trains or constructs, maintains, or improves track within the Chicago switching district shall be deemed to have given consent to prosecution under this Section of itself and on behalf of officers and directors subject to the provisions of this Section. The officers and directors of that railroad shall also be deemed to have given consent to their prosecution under this Section. Chronic obstruction of a grade crossing within the Chicago switching district is a Class C misdemeanor for the first offense."; and by replacing lines 31 through 34 on page 17 and line 1 on page 18 with the following: "be triple the fine amount of the first offense.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 4431, having been printed, was taken up for consideration. Representative Currie moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 12) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 4431. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 3457, having been printed, were taken up for consideration. Representative Hassert moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 115, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 13) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 3457. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 840, having been printed, were taken up for consideration. Representative Meyer moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 840. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 4124, having been printed, was taken up for consideration. Representative Reitz moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows:
133 [April 13, 2000] 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 4124. Ordered that the Clerk inform the Senate. RESOLUTIONS HOUSE JOINT RESOLUTION 66 was taken up for consideration. The following Amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE JOINT RESOLUTION 66 AMENDMENT NO. 1. Amend House Joint Resolution 66 on page 1, line 15, by deleting "and trade"; and on page 2, line 3, by changing "cultural trade" to "cultural exchanges". Representative Lopez moved the adoption of the resolution, as amended. The motion prevailed and the Resolution was adopted, as amended. Ordered that the Clerk inform the Senate and ask their concurrence. Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 63 was taken up for consideration. Representative Hoffman moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Human Services on April 12, 2000, HOUSE RESOLUTION 754 was taken up for consideration. Representative Lou Jones moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Executive on April 6, 2000, HOUSE RESOLUTION 638 was taken up for consideration. Representative Acevedo moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 89, Yeas; 16, Nays; 11, Answering Present. (ROLL CALL 17) The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Rules on April 12, 2000, HOUSE RESOLUTION 719 was taken up for consideration. Representative Franks moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 102, Yeas; 11, Nays; 0, Answering Present. (ROLL CALL 18) The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Agriculture & Conservation on March 3, 2000, HOUSE JOINT RESOLUTION 51 was taken up for consideration. Representative Slone moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. Having been reported out of the Committee on Elementary & Secondary Education on April 11, 2000, HOUSE JOINT RESOLUTION 61 was taken up for consideration.
[April 13, 2000] 134 Representative Crotty moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. 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 Cross, SENATE BILL 1330 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 20) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. HOUSE BILLS ON SECOND READING SENATE BILL 1537. Having been recalled on April 6, 2000, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Righter, SENATE BILL 1537 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 21) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1524. Having been read by title a second time on April 11, 2000, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Crotty, SENATE BILL 1524 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 22) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate.
135 [April 13, 2000] SENATE BILL 1440. Having been read by title a second time on April 12, 2000, and held on the order of Second Reading, the same was again taken up. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1440 AMENDMENT NO. 2. Amend Senate Bill 1440, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Local Government Taxpayers' Bill of Rights Act. Section 5. Legislative declaration. It is the intent of the General Assembly that this legislation grant various rights and protections to taxpayers and tax collectors with respect to the administration and enforcement of local government tax laws. The provisions of this Act are designed to reduce the burden on both taxpayers and tax collectors by specifically providing that fair and consistent tax processes and procedures be adopted and disseminated to taxpayers at the local level while at the same time preserving local government's full authority to collect taxes lawfully due under their taxing ordinances. This legislation also provides taxpayers a minimum level of consistency with regard to the assessment and collection of local taxes as they do business in multiple locations within this State. The General Assembly further finds that tax systems are largely based on voluntary compliance and self-assessment and the development of understandable tax laws. Providing clear tax laws at the local level and providing all necessary due process rights in the collection and enforcement of local tax laws will only serve to improve voluntary compliance and self-assessment of local government taxes. Section 10. Application and home rule preemption. The limitations provided by this Act shall take precedence over any provision of any tax ordinance imposed by a unit of local government, as defined in this Act, in Illinois. This Act is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution. Section 15. Definitions. In this Act: "Locally imposed and administered tax" means a tax imposed by a unit of local government that is collected or administered by a unit of local government and not an agency or Department of the State. A "locally imposed and administered tax" does not include a tax imposed upon real property under the Property Tax Code or fees collected by a unit of local government other than infrastructure maintenance fees. "Local tax administrator" includes directors of local government departments of revenue or taxation, or other local government officers charged with the administration or collection of a locally imposed and administered tax, including their staffs, employees, or agents to the extent they are authorized by a local tax administrator to act in the local tax administrator's stead. "Unit of local government" includes a municipality, a county, or a home rule unit of this State, but does not include (i) home rule municipalities with a population greater than 1,000,000 and (ii) home rule counties with a population greater than 3,000,000 that have locally administered departments or bureaus of revenue. Section 20. Responsibilities of units of local government. Each unit of local government shall have the powers and obligations enumerated in the following Sections to protect the rights of the taxpayers. Section 25. Application of payments. Taxpayers have the right to know how tax payments and remittances covered by this Act will be
[April 13, 2000] 136 applied to the tax liability owed to units of local government. Each unit of local government must provide, by ordinance, for the order of application of tax payments to tax liability, penalty, and interest, provided that in no case may a payment be applied to penalties due before it is applied to tax or interest. In the event that a unit of local government does not provide for application of payments, any payment or remittance received for a tax period will be applied first to tax for the period, then to interest due for the period, and then to penalties due for the period. Section 30. Statute of limitations. Units of local government have an obligation to review tax returns in a timely manner and issue any determination of tax due as promptly as possible so that taxpayers may make timely corrections of future returns and minimize any interest charges applied to tax underpayments. Each unit of local government must provide appropriate statutes of limitation for the determination and assessment of taxes covered by this Act, provided, however, that a statute of limitations may not exceed the following: (1) No notice of determination of tax due or assessment may be issued more than 4 years after the end of the calendar year for which the return for the period was filed or the end of the calendar year in which the return for the period was due, whichever occurs later. (2) If any tax return was not filed or if during any 4-year period for which a notice of tax determination or assessment may be issued by the unit of local government the tax paid or remitted was less than 75% of the tax due for that period, the statute of limitations shall be no more than 6 years after the end of the calendar year in which the return for the period was due or the end of the calendar year in which the return for the period was filed, whichever occurs later. In the event that a unit of local government fails to provide a statute of limitations, the maximum statutory period provided in this Section applies. This Section does not place any limitation on a unit of local government if a fraudulent tax return is filed. Section 35. Audit procedures. Taxpayers have the right to be treated by officers, employees, and agents of the local tax administrator with courtesy, fairness, uniformity, consistency, and common sense. Taxpayers must be notified in writing of a proposed audit of the taxpayer's books and records. The notice of audit must specify the tax and time period to be audited and must detail the minimum documentation or books and records to be made available to the auditor. Audits must be held only during reasonable times of the day and, unless impracticable, at times agreed to by the taxpayer. An auditor who determines that there has been an overpayment of tax during the course of the audit is obligated to identify the overpayment to the taxpayer so that the taxpayer can take the necessary steps to recover the overpayment. If the overpayment is the result of the application of some or all of the taxpayer's tax payment to an incorrect local government entity, the auditor must notify the correct local government entity of the taxpayer's application error. Section 40. Appeals process. Units of local government have an obligation to provide, by ordinance, a procedure for appealing a determination of tax due or an assessment. Local governments must provide to taxpayers a written statement of rights whenever the local government issues a protestable notice of tax due, a bill, a claim denial, or a notice of claim reduction regarding any tax. The statement must explain the reason for the assessment, the amount of the tax liability proposed, the procedure for appealing the assessment, and the obligations of the unit of local government during the audit, appeal, refund, and collection process. In no event may a taxpayer be provided a time period less than 45 days after the date the notice was served in which to protest a notice of tax
137 [April 13, 2000] determination or notice of tax liability. Any notice of tax assessment due must be sent by United States registered or certified mail. The unit of local government must also adopt procedures for opening up any closed protest period or extending the protest period upon the showing of reasonable cause by the taxpayer and full payment of the contested tax liability along with interest accrued as of the due date of the tax. Section 45. Interest. Units of local government must provide, by ordinance, for the amount of interest, if any, to be assessed on a late payment, underpayment, or nonpayment of tax. Section 50. Late filing penalties. Late filing penalties may not exceed 5% of the amount of tax required to be shown as due on a return. A late filing penalty may not apply if a failure to file penalty is imposed by the unit of local government. A local tax administrator may determine that the late filing was due to reasonable cause and abate the penalty. Section 55. Late payment penalty. Late payment penalties may not exceed 5% of the tax due and not timely paid or remitted to the unit of local government. This penalty shall not apply if a failure to file penalty is imposed by the unit of local government. A local tax administrator may determine that the late payment was due to reasonable cause and abate the penalty. Section 60. Failure to file penalty. If no return is filed before the issuance of a notice of tax deficiency or of tax liability to the taxpayer, any failure to file penalty may not exceed 25% of the total tax due for the applicable reporting period for which the return was required to have been filed. A local tax administrator may determine that the failure to file a return was due to reasonable cause and abate the penalty. Section 65. Credits and refunds. Units of local government shall provide a procedure for claiming a credit or refund of taxes, interest, or penalties paid in error. No units of local government are required to refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a local government tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. A taxpayer shall not be deemed to have paid a tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the taxes at the time of payment or if the taxpayer paid the taxes under duress. Unless the corporate authorities of a unit of local government expressly adopt a shorter statute of limitations for a particular tax, a statute of limitations on a claim for credit or refund may not be less than 4 years after the end of the calendar year in which payment or remittance in error was made. No unit of local government shall be required to grant a credit or refund of taxes, interest, or penalties to a person who has not paid or remitted the amounts directly to the unit of local government. Units of local government must provide, by ordinance, a rate of interest for overpayment of tax. Section 70. Installment contracts. If a local government tax ordinance or a local tax administrator allows installment payment agreements for delinquent tax amounts, the local tax administrator may not cancel any installment contract unless the taxpayer fails to pay any amount due on time and fails to cure the delinquency in the allowable time supplied by the local tax administrator, or fails to demonstrate good faith in restructuring any installment plan agreement or contract with the local tax administrator. Section 75. Voluntary disclosure. For any tax for which a taxpayer has not received a written notice of an audit, investigation, or assessment from the local tax administrator, a taxpayer is entitled to file an application with the local tax administrator for a voluntary disclosure of the tax due. A taxpayer filing a voluntary disclosure application must agree to pay the amount of tax due, along with interest of one percent per month, for all periods prior to the filing of the application but not more than 4 years before the date of filing the application. Except for the amount of tax and interest due under this Section, a taxpayer
[April 13, 2000] 138 filing a valid voluntary disclosure application may not be liable for any additional tax, interest, or penalty for any period before the date the application was filed, provided, however, that if the taxpayer incorrectly determined and underpaid the amount of tax due as provided in this Section, the taxpayer is liable for the underpaid tax along with applicable interest on the underpaid tax, unless the underpayment was the result of fraud on the part of the taxpayer, in which case the application shall be deemed invalid and void. The payment of tax and interest required under this Section must be made within 90 days after the filing of the voluntary disclosure application or the date agreed to by the local tax administrator, whichever is longer, except that any additional amounts owed as a result of an underpayment of tax and interest previously paid under this Section must be paid within 90 days after a final determination and the exhaustion of all appeals of the additional amount owed or the date agreed to by the local tax administrator, whichever is longer. Section 80. Criminal penalties. Criminal penalties may not be imposed on taxpayers for non-compliance with the provisions of a locally administered tax unless the non-compliance is a result of willful or fraudulent disregard of the local tax laws. Section 85. Review of liens. The local tax administrator must establish an internal review process concerning liens against taxpayers. If the lien is determined to be improper, the local tax administrator must remove the lien at local government's own expense, correct the taxpayer's credit record, and correct any public disclosure of the improperly imposed lien. Section 90. Publication of tax ordinances. Each unit of local government that imposes one or more locally administered taxes by ordinance must publish and make copies of those taxing ordinances readily available to the public upon request. Posting of the tax ordinances on the Internet satisfies the publication requirement of this Section. Section 99. Effective date. This Act takes effect on January 1, 2001.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1653. Having been read by title a second time on April 12, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Electric Utility Deregulation adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1653 AMENDMENT NO. 1. Amend Senate Bill 1653 by replacing the title with the following: "AN ACT to amend the Public Utilities Act by changing Sections 16-102, 16-116, 16-124, and 16-128 and adding Sections 16-115C, 16-115D, and 16-115E."; and by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by changing Sections 16-102, 16-116, 16-124, and 16-128 and adding Sections 16-115C, 16-115D, and 16-115E as follows: (220 ILCS 5/16-102) Sec. 16-102. Definitions. For the purposes of this Article the following terms shall be defined as set forth in this Section. "Alternative retail electric supplier" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or
139 [April 13, 2000] other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers electric power or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail customers, and shall include, without limitation, resellers, aggregators and power marketers, but shall not include (i) electric utilities (or any agent of the electric utility to the extent the electric utility provides tariffed services to retail customers through that agent), (ii) any electric cooperative or municipal system as defined in Section 17-100 to the extent that the electric cooperative or municipal system is serving retail customers within any area in which it is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, (iii) a public utility that is owned and operated by any public institution of higher education of this State, or a public utility that is owned by such public institution of higher education and operated by any of its lessees or operating agents, within any area in which it is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, (iv) a retail customer to the extent that customer obtains its electric power and energy from that customer's own cogeneration or self-generation facilities, (v) an entity that owns, operates, sells, or arranges for the installation of a customer's own cogeneration or self-generation facilities, but only to the extent the entity is engaged in owning, selling or arranging for the installation of such facility, or operating the facility on behalf of such customer, provided however that any such third party owner or operator of a facility built after January 1, 1999, complies with the labor provisions of Section 16-128(a) as though such third party were an alternative retail electric supplier, or (vi) an industrial or manufacturing customer that owns its own distribution facilities, to the extent that the customer provides service from that distribution system to a third-party contractor located on the customer's premises that is integrally and predominantly engaged in the customer's industrial or manufacturing process; provided, that if the industrial or manufacturing customer has elected delivery services, the customer shall pay transition charges applicable to the electric power and energy consumed by the third-party contractor unless such charges are otherwise paid by the third party contractor, which shall be calculated based on the usage of, and the base rates or the contract rates applicable to, the third-party contractor in accordance with Section 16-102. "Base rates" means the rates for those tariffed services that the electric utility is required to offer pursuant to subsection (a) of Section 16-103 and that were identified in a rate order for collection of the electric utility's base rate revenue requirement, excluding (i) separate automatic rate adjustment riders then in effect, (ii) special or negotiated contract rates, (iii) delivery services tariffs filed pursuant to Section 16-108, (iv) real-time pricing, or (v) tariffs that were in effect prior to October 1, 1996 and that based charges for services on an index or average of other utilities' charges, but including (vi) any subsequent redesign of such rates for tariffed services that is authorized by the Commission after notice and hearing. "Competitive service" includes (i) any service that has been declared to be competitive pursuant to Section 16-113 of this Act, (ii) contract service, and (iii) services, other than tariffed services, that are related to, but not necessary for, the provision of electric power and energy or delivery services. "Contract service" means (1) services, including the provision of electric power and energy or other services, that are provided by mutual agreement between an electric utility and a retail customer that is located in the electric utility's service area, provided that, delivery services shall not be a contract service until such services are declared competitive pursuant to Section 16-113; and also means (2) the provision of electric power and energy and the provision of the services set forth in the definition of "provider of unbundled delivery
[April 13, 2000] 140 services" in this Section by an electric utility to retail customers outside the electric utility's service area pursuant to Section 16-116. Provided, however, contract service does not include electric utility services provided pursuant to (i) contracts that retail customers are required to execute as a condition of receiving tariffed services, or (ii) special or negotiated rate contracts for electric utility services that were entered into between an electric utility and a retail customer prior to the effective date of this amendatory Act of 1997 and filed with the Commission. "Delivery services" means those services provided by the electric utility that are necessary in order for the transmission and distribution systems to function so that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility, and shall include, without limitation, standard metering and billing services. "Electric utility" means a public utility, as defined in Section 3-105 of this Act, that has a franchise, license, permit or right to furnish or sell electricity to retail customers within a service area. "Mandatory transition period" means the period from the effective date of this amendatory Act of 1997 through January 1, 2005. "Provider of unbundled delivery services" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers to a retail customer for sale, lease, or other value received any metering service other than that excluded by clause (iv) of this definition or unbundled delivery services (other than those delivery services regulated by the Federal Energy Regulatory Commission) that is specified in a Commission order requiring an electric utility to unbundle its delivery services under Section 16-108 or 16-109, but the term "provider of unbundled delivery services" shall not include (i) an electric utility (or any agent of the electric utility to the extent the electric utility provides tariffed services to retail customers through that agent) within the utility's service area, (ii) any electric cooperative or municipal system as defined in Section 17-100 to the extent that the electric cooperative or municipal system is serving retail customers within any area in which it is or would be entitled to provide service under the law in effect immediately prior to December 16, 1997, (iii) a public utility that is owned and operated by any public institution of higher education of this State, or a public utility that is owned by such public institution of higher education and operated by any of its lessees or operating agents, within any area in which it is or would be entitled to provide service under the law in effect immediately prior to December 16, 1997, or (iv) a provider of meter services that installs, provides, or maintains equipment on the premises of a retail customer under circumstances in which no entity other than the retail customer relies on the accuracy, safety, or proper installation and maintenance of the equipment. "Municipal system" shall have the meaning set forth in Section 17-100. "Real-time pricing" means charges for delivered electric power and energy that vary on an hour-to-hour basis for nonresidential retail customers and that vary on a periodic basis during the day for residential retail customers. "Retail customer" means a single entity using electric power or energy at a single premises and that (A) either (i) is receiving or is eligible to receive tariffed services from an electric utility, or (ii) that is served by a municipal system or electric cooperative within any area in which the municipal system or electric cooperative is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, or (B) an entity which on the effective date of this Act was receiving electric service from a public utility and (i) was engaged in the practice of resale and redistribution of such electricity within a building prior to January 2, 1957, or (ii) was providing lighting
141 [April 13, 2000] services to tenants in a multi-occupancy building, but only to the extent such resale, redistribution or lighting service is authorized by the electric utility's tariffs that were on file with the Commission on the effective date of this Act. "Service area" means (i) the geographic area within which an electric utility was lawfully entitled to provide electric power and energy to retail customers as of the effective date of this amendatory Act of 1997, and includes (ii) the location of any retail customer to which the electric utility was lawfully providing electric utility services on such effective date. "Small commercial retail customer" means those nonresidential retail customers of an electric utility consuming 15,000 kilowatt-hours or less of electricity annually in its service area. "Tariffed service" means services provided to retail customers by an electric utility as defined by its rates on file with the Commission pursuant to the provisions of Article IX of this Act, but shall not include competitive services. "Transition charge" means a charge expressed in cents per kilowatt-hour that is calculated for a customer or class of customers as follows for each year in which an electric utility is entitled to recover transition charges as provided in Section 16-108: (1) the amount of revenue that an electric utility would receive from the retail customer or customers if it were serving such customers' electric power and energy requirements as a tariffed service based on (A) all of the customers' actual usage during the 3 years ending 90 days prior to the date on which such customers were first eligible for delivery services pursuant to Section 16-104, and (B) on (i) the base rates in effect on October 1, 1996 (adjusted for the reductions required by subsection (b) of Section 16-111, for any reduction resulting from a rate decrease under Section 16-101(b), for any restatement of base rates made in conjunction with an elimination of the fuel adjustment clause pursuant to subsection (b), (d), or (f) of Section 9-220 and for any removal of decommissioning costs from base rates pursuant to Section 16-114) and any separate automatic rate adjustment riders (other than a decommissioning rate as defined in Section 16-114) under which the customers were receiving or, had they been customers, would have received electric power and energy from the electric utility during the year immediately preceding the date on which such customers were first eligible for delivery service pursuant to Section 16-104, or (ii) to the extent applicable, any contract rates, including contracts or rates for consolidated or aggregated billing, under which such customers were receiving electric power and energy from the electric utility during such year; (2) less the amount of revenue, other than revenue from transition charges and decommissioning rates, that the electric utility would receive from such retail customers for delivery services provided by the electric utility, assuming such customers were taking delivery services for all of their usage, based on the delivery services tariffs in effect during the year for which the transition charge is being calculated and on the usage identified in paragraph (1); (3) less the market value for the electric power and energy that the electric utility would have used to supply all of such customers' electric power and energy requirements, as a tariffed service, based on the usage identified in paragraph (1), with such market value determined in accordance with Section 16-112 of this Act; (4) less the following amount which represents the amount to be attributed to new revenue sources and cost reductions by the electric utility through the end of the period for which transition costs are recovered pursuant to Section 16-108, referred to in this Article XVI as a "mitigation factor": (A) for nonresidential retail customers, an amount equal to the greater of (i) 0.5 cents per kilowatt-hour during the
[April 13, 2000] 142 period October 1, 1999 through December 31, 2004, 0.6 cents per kilowatt-hour in calendar year 2005, and 0.9 cents per kilowatt-hour in calendar year 2006, multiplied in each year by the usage identified in paragraph (1), or (ii) an amount equal to the following percentages of the amount produced by applying the applicable base rates (adjusted as described in subparagraph (1)(B)) or contract rate to the usage identified in paragraph (1): 8% for the period October 1, 1999 through December 31, 2002, 10% in calendar years 2003 and 2004, 11% in calendar year 2005 and 12% in calendar year 2006; and (B) for residential retail customers, an amount equal to the following percentages of the amount produced by applying the base rates in effect on October 1, 1996 (adjusted as described in subparagraph (1)(B)) to the usage identified in paragraph (1): (i) 6% from May 1, 2002 through December 31, 2002, (ii) 7% in calendar years 2003 and 2004, (iii) 8% in calendar year 2005, and (iv) 10% in calendar year 2006; (5) divided by the usage of such customers identified in paragraph (1), provided that the transition charge shall never be less than zero. "Unbundled service" means a component or constituent part of a tariffed service which the electric utility subsequently offers separately to its customers. (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.) (220 ILCS 5/16-115C new) Sec. 16-115C. Obligations and certification of providers of unbundled delivery services. (a) Any provider of unbundled delivery services must obtain a certificate of service authority from the Commission in accordance with this Section before providing the services identified in the definition of "provider of unbundled delivery services" in Section 16-102. (b) A provider of unbundled delivery services seeking a certificate of service authority shall file with the Commission a verified application containing information showing that the applicant meets the requirements of this Section. The provider of unbundled delivery services shall publish notice of its application in the official State newspaper within 10 days following the date of its filing. No later than 45 days after the application is properly filed with the Commission, and such notice is published, the Commission shall issue its order granting or denying the application. (c) The Commission shall grant the application for a certificate of service authority if it makes the findings set forth in this subsection based on the verified application and such other information as the applicant may submit: (1) that the applicant possesses sufficient technical, financial, and managerial resources and abilities to provide the service for which it seeks a certificate of service authority. In determining the level of technical, financial, and managerial resources and abilities which the applicant must demonstrate, the Commission shall consider the characteristics, including the size and financial sophistication, of the customers that the applicant seeks to serve; (2) that the applicant will comply with all applicable federal, State, regional, and industry rules, policies, practices, and procedures for the use, operation, and maintenance of the safety, integrity, and reliability of the inter-connected electric delivery system; (3) that the applicant will only provide service to retail customers in an electric utility's service area that are taking delivery services under this Act; (4) that the applicant will comply with such informational, testing, accuracy, and reporting requirements as the Commission may by rule establish; (5) that the applicant will comply with the provisions of Section 16-128 of this Act; and (6) that the applicant will comply with all other applicable
143 [April 13, 2000] laws and rules. (d) The Commission shall have the authority to promulgate rules to carry out the provisions of this Section. (220 ILCS 5/16-115D new) Sec. 16-115D. Obligations of providers of unbundled delivery services. (a) A provider of unbundled delivery services shall: (1) comply with the requirements imposed on public utilities by Sections 8-201 through 8-207, 8-301, 8-302, 8-303, 8-305, 8-505, and 8-507 of this Act, to the extent that these Sections have application to the services being offered by the provider of unbundled delivery services; and (2) continue to comply with the requirements for certification stated in subsection (c) of Section 16-115C. (b) A provider of unbundled delivery services shall obtain verifiable authorization from a customer, in a form or manner approved by the Commission in the manner provided by Section 2EE of the Consumer Fraud and Deceptive Business Practices Act, before the customer is switched from another provider. (220 ILCS 5/16-115E new) Sec. 16-115E. Commission oversight of services provided by providers of unbundled delivery services. (a) The Commission shall have jurisdiction in accordance with the provisions of Article X of this Act to entertain and dispose of any complaint against any provider of unbundled delivery services alleging (i) that the provider of unbundled delivery services has violated or is in nonconformance with any applicable provisions of Section 16-115C through Section 16- 115D; (ii) that a provider of unbundled delivery services serving retail customers having maximum demands of less than one megawatt has failed to provide service in accordance with the terms of its contract or contracts with such customer or customers; (iii) that the provider of unbundled delivery services has violated or is in non-conformance with the delivery services tariff of, or any of its agreements relating to delivery services with, the electric utility, municipal system, or electric cooperative providing delivery services; or (iv) that the provider of unbundled delivery services has violated or failed to comply with the requirements of Sections 8-201 through 8-207, 8-301, 8-302, 8-303, 8-305, 8-505, or 8-507 of this Act as made applicable to providers of unbundled delivery services. (b) The Commission shall have authority, after notice and hearing held on complaint or on the Commission's own motion: (1) to order a provider of unbundled delivery services to cease and desist, or correct, any violation of or non-conformance with the provisions of Section 16-115C or Section 16-115D; (2) to impose financial penalties for violations of or non-conformances with the provisions of Section 16-115C or Section 16-115D, not to exceed (i) $10,000 per occurrence or (ii) $30,000 per day for those violations or non-conformances which continue after the Commission issues a cease-and-desist order; and (3) to alter, modify, revoke, or suspend the certificate of service authority of a provider of unbundled delivery services for substantial or repeated violations of or non-conformances with the provisions of Section 16-115C or Section 16-115D. (220 ILCS 5/16-116) Sec. 16-116. Commission oversight of electric utilities serving retail customers outside their service areas or providing competitive, non-tariffed services. (a) An electric utility that has a tariff on file for delivery services may, without regard to any otherwise applicable tariffs on file, provide electric power and energy or services as described in the definition of "provider of unbundled delivery services" in Section 16-102 to one or more retail customers located outside its service area, but only to the extent (i) such retail customer (A) is eligible for delivery services under any delivery services tariff filed with the Commission by the electric utility in whose service area the retail customer is located and (B) has either elected to take such delivery
[April 13, 2000] 144 services or has paid or contracted to pay the charges specified in Sections 16-108 and 16-114, or (ii) if such retail customer is served by a municipal system or electric cooperative, the customer is eligible for delivery services under the terms and conditions for such service established by the municipal system or electric cooperative serving that customer. (b) An electric utility may offer any competitive service to any customer or group of customers without filing contracts with or seeking approval of the Commission, notwithstanding any rule or regulation that would require such approval. The Commission shall not increase or decrease the prices, and may not alter or add to the terms and conditions for the utility's competitive services, from those agreed to by the electric utility and the customer or customers. Non-tariffed, competitive services shall not be subject to the provisions of the Electric Supplier Act or to Articles V, VII, VIII or IX of the Act, except to the extent that any provisions of such Articles are made applicable to alternative retail electric suppliers pursuant to Sections 16-115 and 16-115A, but shall be subject to the provisions of subsections (b) through (g) of Section 16-115A, and Section 16-115B to the same extent such provisions are applicable to the services provided by alternative retail electric suppliers. Non-tariffed, competitive services related to the provision of meter services and unbundled delivery services shall not be subject to the provisions of the Electric Supplier Act or to Articles V, VII, VIII, or IX of this Act, except to the extent that any provisions of such Articles are made applicable to providers of unbundled delivery services pursuant to Sections 16-115C and 16-115D, but shall be subject to the provisions of Section 16-115D and Section 16-115E. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/16-124) Sec. 16-124. Metering for residential and small commercial retail customers. An electric utility shall not require a residential or small commercial retail customer to take additional metering or metering capability as a condition of taking delivery services unless the Commission finds, after notice and hearing, that additional metering or metering capability is required to meet reliability requirements. Alternative retail electric suppliers serving such customers may provide such additional metering or metering capability at their own expense or for value received if the alternative retail electric supplier has obtained a certificate of service authority under Section 16-115C, or take such additional metering or metering capability as a tariffed service from the utility in whose service area such customers take service
145 [April 13, 2000] The General Assembly further finds that it is necessary to assure that employees operating in the deregulated industry have the requisite skills, knowledge, and competence to provide reliable and safe electrical service and therefore that alternative retail electric suppliers shall be required to demonstrate the competence of their employees to work in the industry. The knowledge, skill, and competence levels to be demonstrated shall be consistent with those generally required of or by the electric utilities in this State with respect to their employees. Adequate demonstration of requisite knowledge, skill and competence shall include such factors as completion by the employee of an accredited or otherwise recognized apprenticeship program for the particular craft, trade or skill, or specified years of employment with an electric utility performing a particular work function. To implement this requirement, the Commission, in determining that an applicant meets the standards for certification as an alternative retail electric supplier or provider of unbundled delivery services, shall require the applicant to demonstrate (i) that the applicant is licensed to do business, and bonded, in the State of Illinois; and (ii) that the employees of the applicant that will be installing, operating, and maintaining generation, transmission,
[April 13, 2000] 146 acquiring entity or persons take control or management of the divisions, business units, generating station or generating units of the electric utility. (d) If a utility transfers ownership during the mandatory transition period of one or more Illinois divisions, business units, generating stations or generating units of an electric utility to a majority-owned subsidiary, that subsidiary shall continue to employ the utility's employees who were employed by the utility at such division, business unit or generating station at the time of the transfer under the same terms and conditions of employment as those employees enjoyed at the time of the transfer. If ownership of the subsidiary is subsequently sold or transferred to a third party during the transition period, the transition provisions outlined in subsection (c) shall apply. (e) The plant transfer provisions set forth above shall not apply to any generating station which was the subject of a sales agreement entered into before January 1, 1997. (Source: P.A. 90-561, eff. 12-16-97.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE 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 Persico, SENATE BILL 1653 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 23) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS Having been reported out of the Committee on Higher Education on February 24, 2000, HOUSE RESOLUTION 569 was taken up for consideration. Representative Lang moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Acevedo moved to reconsider the vote by which SENATE BILL 1577 failed the House April 12, 2000. And on that motion, a vote was taken resulting as follows: 63, Yeas; 53, Nays; 0, Answering Present. (ROLL CALL ) The motion prevailed. RECALLS By unanimous consent, on motion of Representative Acevedo, SENATE
147 [April 13, 2000] BILL 1577 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILL 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 Erwin, SENATE BILL 1007 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: 101, Yeas; 15, Nays; 0, Answering Present. (ROLL CALL 25) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS Having been reported out of the Committee on Executive on April 11, 2000, HOUSE JOINT RESOLUTION 50 was taken up for consideration. Representative Lopez moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 26) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. SENATE BILL 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 Dart, SENATE BILL 1393 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 12, Yeas; 101, Nays; 4, Answering Present. (ROLL CALL 27) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, SENATE JOINT RESOLUTION 70 was taken up for consideration. Representative Curry moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 101, Yeas; 13, Nays; 4, Answering Present. (ROLL CALL 28) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING Having been read by title a second time on April 7, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 1503.
[April 13, 2000] 148 ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Smith asked and obtained unanimous consent to suspend the posting requirements on SENATE BILL 1672 so it can be heard in the Committee on Agriculture & Conservation tomorrow morning at 9:00 o'clock a.m. RESOLUTIONS HOUSE RESOLUTION 786 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. At the hour of 5:30 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to HOUSE RESOLUTION 786, the House stood adjourned until Friday, April 14, 2000, at 11:00 o'clock a.m.
149 [April 13, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 13, 2000 0 YEAS 0 NAYS 118 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 P RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK P GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,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
[April 13, 2000] 150 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1693 PROP TAX-TAX SALES IN ERROR THIRD READING PASSED APR 13, 2000 115 YEAS 0 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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 P MR. SPEAKER Y FLOWERS Y LEITCH
151 [April 13, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1428 VEH CD-SOUND AMPLIFICATION THIRD READING PASSED APR 13, 2000 82 YEAS 32 NAYS 2 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN N FRITCHEY Y LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH N RYDER N 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A HASSERT N MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER A CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE P KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE Y KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE Y ZICKUS P FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[April 13, 2000] 152 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1298 VEH CD-TRUCKS-LOADS SECURED THIRD READING PASSED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
153 [April 13, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1231 UCC-SECURED TRANSACTIONS THIRD READING PASSED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
[April 13, 2000] 154 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1627 LOCAL GOV DEBT REFORM THIRD READING PASSED APR 13, 2000 114 YEAS 1 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST A 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 N SKINNER Y BUGIELSKI A 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 A 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
155 [April 13, 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4045 CRIM CD-SEX OFFENDER RESIDENCE MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED APR 13, 2000 115 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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 A 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
[April 13, 2000] 156 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 861 CRIMCD-RETAIL THEFT-DEFNS-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED APR 13, 2000 90 YEAS 15 NAYS 11 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY P LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND N GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY N HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG N McKEON N SHARP Y BROSNAHAN Y HARRIS Y MEYER P SILVA P BRUNSVOLD Y HARTKE Y MITCHELL,BILL P SKINNER Y BUGIELSKI A HASSERT Y MITCHELL,JERRY P SLONE N BURKE Y HOEFT Y MOFFITT P SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK P MORROW Y STEPHENS Y COWLISHAW N HOWARD Y MULLIGAN P STROGER A CROSS Y HULTGREN N MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART N CURRIE P JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN N O'BRIEN Y WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS N DAVIS,MONIQUE P KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK N DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO N YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER P FLOWERS Y LEITCH
157 [April 13, 2000] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2991 CORP NAMES-FICTITIOUS ADDRESS MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
[April 13, 2000] 158 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3093 RIVERS-STREAMS-NO CLEARCUTTING MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED APR 13, 2000 111 YEAS 5 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM N 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 N WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
159 [April 13, 2000] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3465 CRIM CD-UNAUTHORIZD VIDEOTAPNG MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
[April 13, 2000] 160 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4431 TAXES-INCOME-USE-OCC-CIGARETTE MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED APR 13, 2000 115 YEAS 0 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN P HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
161 [April 13, 2000] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3457 EPA-CLEAN CONSTRUCTION DEBRIS MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED APR 13, 2000 115 YEAS 1 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 Y 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 A 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 A 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
[April 13, 2000] 162 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 840 LOCAL RECORDS-RULES-TECHNICAL MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED APR 13, 2000 115 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE A 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 A 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 A 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
163 [April 13, 2000] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 4124 CD CORR-GANG CNTRL-HEATNG COIL MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
[April 13, 2000] 164 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 754 MONTHLY CASH ASSISTANCE-TANF ADOPTED APR 13, 2000 114 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO A 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 A 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 A 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 A PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
165 [April 13, 2000] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 638 PILSEN-LITTLE MENTAL HLTH CENT ADOPTED APR 13, 2000 89 YEAS 16 NAYS 11 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO Y SCHMITZ P BOLAND Y GILES Y McAULIFFE P SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS P McGUIRE Y SCULLY Y BRADY Y HANNIG N McKEON P SHARP Y BROSNAHAN P HARRIS Y MEYER N SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A HASSERT N 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 Y STEPHENS Y COWLISHAW P HOWARD Y MULLIGAN Y STROGER A CROSS Y HULTGREN P MURPHY N TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART N CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN N WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS P DAVIS,MONIQUE P KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK N DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO N YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER P PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[April 13, 2000] 166 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 719 ENHANCED TELECOMMUNICATIONS ADOPTED APR 13, 2000 102 YEAS 11 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ A RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO 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 A 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 Y STEPHENS Y COWLISHAW Y HOWARD A MULLIGAN Y STROGER A CROSS Y HULTGREN Y MURPHY N 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 N 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 A KLINGLER Y PANKAU N WOJCIK Y DELGADO Y KOSEL N PARKE Y WOOLARD N 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 N LEITCH
167 [April 13, 2000] NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE JOINT RESOLUTION 51 TASK FORCE ON ORGANIC FARMING ADOPTED APR 13, 2000 115 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A MULLIGAN Y STROGER A 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
[April 13, 2000] 168 NO. 20 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1330 FRANCHISE DISCLOSURE-STATEMENT THIRD READING PASSED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
169 [April 13, 2000] NO. 21 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1537 PREPAID TUITION CONTRACT-WARD THIRD READING PASSED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
[April 13, 2000] 170 NO. 22 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1524 DHS CONVEYANCE THIRD READING PASSED APR 13, 2000 115 YEAS 0 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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 P 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
171 [April 13, 2000] NO. 23 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1653 ICC ENFORCEMENT POWERS THIRD READING PASSED APR 13, 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI A 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 A 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
[April 13, 2000] 172 NO. 24 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1577 SOUTHWST SUBURBN RR RELOCATION MOTION TO RECONSIDER THE VOTE PREVAILED APR 13, 2000 63 YEAS 53 NAYS 0 PRESENT Y ACEVEDO N FOWLER N LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y 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 N MEYER N SILVA N BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI A HASSERT N MITCHELL,JERRY Y SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER A CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER N PANKAU N WOJCIK N DELGADO N KOSEL N PARKE N WOOLARD N DURKIN N KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE Y ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
173 [April 13, 2000] NO. 25 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1007 STATE EMPLOYMENT-TECH THIRD READING PASSED APR 13, 2000 101 YEAS 15 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N 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 N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL N SKINNER Y BUGIELSKI A HASSERT N 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 N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER A CROSS N 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 N JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY N 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 N LEITCH
[April 13, 2000] 174 NO. 26 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE JOINT RESOLUTION 50 CIGARETTE VENDING MACHINE ADOPTED APR 13, 2000 114 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 Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO A 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 A 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 A CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE A 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
175 [April 13, 2000] NO. 27 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1393 VEH CD-OBSTRUCT RR CROSSING THIRD READING LOST APR 13, 2000 12 YEAS 101 NAYS 4 PRESENT P ACEVEDO N FOWLER N LINDNER N REITZ A BASSI N FRANKS N LOPEZ N RIGHTER N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK N GARRETT N LYONS,JOSEPH N RYDER N BIGGINS N GASH N MATHIAS N SAVIANO N BLACK N GIGLIO N MAUTINO N SCHMITZ N BOLAND N GILES N McAULIFFE N SCHOENBERG N BOST N GRANBERG N McCARTHY Y SCOTT N BRADLEY N HAMOS P McGUIRE Y SCULLY N BRADY N HANNIG P McKEON N SHARP Y BROSNAHAN N HARRIS N MEYER Y SILVA N BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER N BUGIELSKI N HASSERT N MITCHELL,JERRY N SLONE N BURKE N HOEFT N MOFFITT N SMITH N CAPPARELLI N HOFFMAN N MOORE N SOMMER N COULSON N HOLBROOK N MORROW N STEPHENS N COWLISHAW N HOWARD N MULLIGAN N STROGER N CROSS N HULTGREN N MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS N TURNER,ART Y CURRIE N JOHNSON,TOM N NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT N DANIELS N JONES,LOU P O'CONNOR N WINKEL Y DART N JONES,SHIRLEY N OSMOND N WINTERS N DAVIS,MONIQUE N KENNER N OSTERMAN N WIRSING N DAVIS,STEVE N KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL N PARKE N WOOLARD N DURKIN N KRAUSE N PERSICO Y YOUNGE N ERWIN N LANG N POE N ZICKUS N FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH
[April 13, 2000] 176 NO. 28 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE JOINT RESOLUTION 70 COMPENSATION REVIEW BOARD ADOPTED APR 13, 2000 101 YEAS 13 NAYS 4 PRESENT N ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ P RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND N 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 P McKEON P SHARP Y BROSNAHAN N HARRIS Y MEYER N SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE N 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 N HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN N MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS N TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE N KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK N 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 N FLOWERS Y LEITCH