STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
127TH LEGISLATIVE DAY
WEDNESDAY, NOVEMBER 15, 2000
10:45 O'CLOCK A.M.
NO. 127
[November 15, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 127th Legislative Day Action Page(s) Adjournment........................................ 34 Committee on Rules Referrals....................... 4 Judical Note Note Supplied......................... 4 Quorum Roll Call................................... 4 Report from the Committee On Rules................. 4 State Mandate Note Supplied........................ 4 Bill Number Legislative Action Page(s) HB 0861 Amendatory Veto.................................... 33 HB 4577 Committee Report................................... 4 HB 4577 Second Reading - Amendment/s....................... 15 HB 4738 Committee Report................................... 5 HB 4738 Second Reading..................................... 18 HB 4743 Motion............................................. 15 HR 0813 Adoption........................................... 33 HR 0814 Adoption........................................... 33 HR 0815 Adoption........................................... 33 HR 0816 Adoption........................................... 33 HR 0817 Adoption........................................... 33 HR 0818 Adoption........................................... 33 HR 0819 Adoption........................................... 33 HR 0820 Adoption........................................... 33 HR 0821 Adoption........................................... 33 HR 0822 Adoption........................................... 33 HR 0823 Adoption........................................... 33 HR 0824 Adoption........................................... 33 HR 0825 Adoption........................................... 33 HR 0826 Adoption........................................... 33 HR 0827 Adoption........................................... 33 HR 0828 Adoption........................................... 33 HR 0829 Adoption........................................... 33 HR 0830 Adoption........................................... 33 HR 0831 Adoption........................................... 33 HR 0832 Adoption........................................... 33 HR 0833 Adoption........................................... 33 HR 0834 Adoption........................................... 33 HR 0835 Adoption........................................... 33 HR 0836 Adoption........................................... 33 HR 0837 Adoption........................................... 33 HR 0838 Adoption........................................... 33 HR 0840 Adoption........................................... 33 HR 0841 Adoption........................................... 33 HR 0844 Adoption........................................... 33 HR 0845 Adoption........................................... 33 HR 0846 Adoption........................................... 33 HR 0847 Adoption........................................... 33 HR 0848 Adoption........................................... 33 HR 0851 Adoption........................................... 33 HR 0853 Adoption........................................... 33 HR 0854 Adoption........................................... 33 HR 0855 Adoption........................................... 33 HR 0856 Adoption........................................... 33 HR 0857 Adoption........................................... 33 HR 0858 Adoption........................................... 33 HR 0859 Adoption........................................... 33 HR 0860 Adoption........................................... 33
3 [November 15, 2000] Bill Number Legislative Action Page(s) HR 0861 Adoption........................................... 33 HR 0862 Adoption........................................... 33 HR 0863 Adoption........................................... 33 HR 0864 Adoption........................................... 33 HR 0865 Adoption........................................... 33 HR 0866 Adoption........................................... 33 HR 0867 Adoption........................................... 33 HR 0868 Adoption........................................... 33 HR 0869 Adoption........................................... 33 HR 0871 Adoption........................................... 33 HR 0872 Adoption........................................... 33 HR 0873 Adoption........................................... 33 HR 0874 Adoption........................................... 33 HR 0875 Adoption........................................... 33 HR 0876 Adoption........................................... 33 HR 0877 Adoption........................................... 33 HR 0878 Adoption........................................... 33 HR 0880 Adoption........................................... 33 HR 0881 Adoption........................................... 33 HR 0882 Adoption........................................... 33 HR 0884 Adoption........................................... 33 HR 0885 Adoption........................................... 33 HR 0889 Resolution......................................... 5 HR 0890 Resolution......................................... 6 HR 0891 Resolution......................................... 6 HR 0892 Resolution......................................... 7 HR 0893 Resolution......................................... 7 HR 0894 Resolution......................................... 8 HR 0895 Resolution......................................... 9 HR 0896 Resolution......................................... 9 HR 0897 Resolution......................................... 10 HR 0898 Resolution......................................... 10 HR 0900 Resolution......................................... 11 HR 0901 Resolution......................................... 12 HR 0902 Resolution......................................... 12 HR 0903 Resolution......................................... 13 HR 0904 Resolution......................................... 14 HR 0905 Resolution......................................... 14 HR 0906 Resolution......................................... 15 SB 0851 Committee Report-Floor Amendment/s................. 5 SB 1047 Committee Report................................... 5 SB 1047 Second Reading - Amendment/s....................... 18
[November 15, 2000] 4 The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Moore led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Flowers, Eileen Lyons and Morrow were excused from attendance. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson of the Committee on Rules, reported that the following Legislative Measure has been approved for consideration - Compliance: Motion to Accept Amendatory Veto on HOUSE BILL 861. The foregoing conference committee report was placed on the House Calendar. The committee roll call vote on the Motion to Accept the Amendatory Veto on HOUSE BILL 861 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse A Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Children & Youth: HOUSE RESOLUTION 883. Committee on Elementary & Secondary Education: HOUSE RESOLUTION 870. Committee on Environment & Energy: HOUSE RESOLUTIONS 879 and 887. Committee on Human Services: HOUSE RESOLUTION 842. Committee on Revenue: HOUSE BILLS 4743 and 4754. JUDICAL NOTE NOTE SUPPLIED A Judical Note Note has been supplied for HOUSE BILL 1620, as amended. STATE MANDATE NOTE SUPPLIED A State Mandate Note has been supplied for HOUSE BILL 1620, as amended. REPORTS FROM STANDING COMMITTEES Representative Monique Davis, Chairperson, from the Committee on Appropriations-Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4577. The committee roll call vote on HOUSE BILL 4577 is as follows:
5 [November 15, 2000] 10, Yeas; 0, Nays; 0, Answering Present. Y Davis, Monique, Chair Y Leitch Y Bellock Y McKeon (Fowler) Y Feigenholtz Y Mulligan, Spkpn Y Hamos Y Osterman Y Hultgren Y Reitz A Saviano Representative Murphy, Chairperson, from the Committee on Personnel & Pensions to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1047. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 851. The committee roll call vote on SENATE BILL 1047 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Murphy, Chair Y Osmond Y Beaubien (Bost) Y Poe Y Delgado A Pugh Y Hannig Y Schmitz Y Hoeft, Spkpn A Stroger Y Woolard The committee roll call vote on Amendment No. 2 to SENATE BILL 851 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Murphy, Chair Y Osmond Y Beaubien (Bost) Y Poe Y Delgado A Pugh Y Hannig Y Schmitz Y Hoeft, Spkpn A Stroger Y Woolard Representative Pugh, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4738. The committee roll call vote on HOUSE BILL 4738 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien Y Granberg Y Biggins Y Mautino, V-Chair Y Cross Y Moore, Andrea, Spkpn Y Turner, Art RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 889 Offered by Representative Monique Davis: WHEREAS, The members of the House wish to express their sincere condolences to the family and friends of Dr. Paulette Kidd who passed away on October 4, 2000; and
[November 15, 2000] 6 WHEREAS, Dr. Paulette Kidd was born on March 24, 1951 in Chicago, Illinois to the union of Charles and Ruth Webb; and WHEREAS, Dr. Paulette Kidd spent her formative years growing up in the Englewood community, where she was baptized in 1968 at Bethel Lutheran Church; attended William D. Beale Elementary School and Englewood High School, from which she graduated with honors in 1968; she earned a Bachelor of Arts Degree from Chicago State University, and a master's degree in 1980 and she successfully completed her Doctoral Degree in education from Illinois State University in 1996; and WHEREAS, Dr. Paulette Kidd served the Chicago Public Schools faithfully for 26 years; she committed the remaining years of her life dedicated to "rejuvenating" the "Englewood Spirit" as an Assistant Principal at Englewood Technical Preparatory Academy; in recognition of her dedication and hard work, Dr. Kidd was inducted into the Englewood Wall of Fame in 1998; and WHEREAS, The passing of Dr. Paulette Kidd will be deeply felt by all who knew and loved her, especially her loving fiance, Alvin; her children, Maylon, Neidre, and Jasmine; her five loving grandchildren, Maylon IV, Alexis, Mayshawn, Aquasia, and Diamond; her loving mother, Ruth Webb; her three brothers, Ronald Webb, Phillip Webb, and Carlos Webb; her sisters, Rosalyn Turner, Penelope Beasley, and Patricia Harper; her sisters-in-law, Sandra Webb and Barbara Webb; her brothers-in-law, Arthur Turner, Darryl Beasley, and Brad Harper; and her extended family; and WHEREAS, Dr. Paulette Kidd will also be missed by her dear friends, colleagues and students who will miss her dearly and externally hold her in their loving thoughts; 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 who knew her, the death of Dr. Paulette Kidd of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Dr. Paulette Kidd. HOUSE RESOLUTION 890 Offered by Representative Black: WHEREAS, It is with great sadness that the members of the Illinois House of Representatives have learned of the death of former Representative Robert W. Craig of Danville; and WHEREAS, Robert Craig was born in Collison on October 28, 1921; his parents were William John and Vera Lucille Gutterridge Craig; on April 5, 1969 he married Kathryn Mae Knapp Hughes in Clinton; and WHEREAS, Robert Craig was a dairy and grain farmer at Indianola in Carroll Township; he was also an area auctioneer; Mr. Craig was a member of the Vermilion County Farm Bureau, a former precinct committeeman, and a former Vermilion County Democratic chairman; and WHEREAS, The Honorable Robert Craig served as a member of the Illinois House of Representatives for more than twenty years, from 1955 to 1977; he was House minority leader and majority whip during his time in the Legislature; he sponsored bills concerning meat inspection, police training, and providing money to poorer school districts for safety improvements; and WHEREAS, Robert Craig is survived by his wife, Kathryn; his son, James R. Craig; his daughter, Judith K. Hawkins; his brother, Harold Craig; his five grandchildren; and his four 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 and loved him, the death of former State Representative Robert W. Craig of Danville, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Robert Craig. HOUSE RESOLUTION 891
7 [November 15, 2000] Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the lives of citizens of the State of Illinois; and WHEREAS, It has come to our attention that David Fields will retire as Superintendent of Danville School District 118 on June 30, 2001; and WHEREAS, David Fields has been with District 118 for forty years; and WHEREAS, His association with the Danville schools began in 1941, when he began attending Jackson Elementary School; his second grade classroom became his office in 1991 when he was named superintendent; and WHEREAS, David Fields is a 1953 graduate of Danville High School and a graduate of Eastern Illinois University in Charleston; in 1961 he returned to teach history in the Danville schools; and WHEREAS, There are several projects that Superintendent Fields wants to see completed before his retirement, including the construction of Southwest Elementary School in Tilton; and WHEREAS, After his retirement David Fields plans on returning to education by returning to teaching; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate David Fields on a job well done; we wish him the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to David Fields. HOUSE RESOLUTION 892 Offered by Representative Scully: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize individuals in the State of Illinois who have made lasting contributions to their community; John W. Wozny of Steger, Illinois, is one such person; and WHEREAS, John W. Wozny was born on September 27, 1925, in Chicago Heights; he is a graduate of Bloom Township High School and Loyola University; and WHEREAS, John Wozny was asked by Chicago Heights Mayor Angelo "Sam" Ciambrone to explore the possibility of establishing a sister city with a community in Poland; Chicago Heights already had a sister city in Italy, and a similar arrangement was soon worked out by Mr. Wozny and Eugene Sadus, a retired high school teacher and former Chicago Heights City Commissioner, for a sister city in Poland; and WHEREAS, Mr. Wozny contacted Wadowice, the birthplace of Pope John Paul II, and the community accepted the agreement to be the sister city to Chicago Heights; on October 12, 1999 the Joint Sister Cities Agreement was signed before a large crowd at a meeting of the Chicago Heights City Council, with Mayor Ciambrone and representatives from Wadowice present at the event; and WHEREAS, John Wozny is supported in his community efforts by his wife, Patricia; his sons, Tom and Tim; and his daughter, Donna; John Wozny is the author of the history of his church, St. Joseph Church, and a two-volume book, "Growing Up Polish: A History of Polish Pioneers in Chicago Heights"; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate John W. Wozny on a job well done; his hard work has bonded the City of Chicago Heights with the City of Wadowice, Poland as sister cities; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mr. John W. Wozny as a token of our respect and admiration. HOUSE RESOLUTION 893 Offered by Representative Scully: WHEREAS, Michael G. Williams, Chief of Police of the Flossmoor
[November 15, 2000] 8 Police Department, has made the decision to retire in the year 2000; and WHEREAS, Michael Williams began his career as a Patrol Officer for the LaGrange Police Department on September 5, 1961; from 1966 to 1974 he served as a Patrol Sergeant; the next year he served as a Sergeant in Investigations; from 1975 to 1983 he was Watch Commander and was promoted to Lieutenant; and from 1983 to 1989 he was an Administrative Lieutenant, serving as Administrative Assistant to the Chief of Police; and WHEREAS, In 1989 Michael Williams was appointed the Chief of Police of the Flossmoor Police Department, assuming responsibility for the community of 8,700 people; 18 sworn officers, 9 auxiliary officers, and 9 civilian employees were under his leadership during his time there; and WHEREAS, Officer Williams received training at the FBI National Academy in 1976; he also attended the Northwestern Traffic Institute and has more than 2,200 hours of training in management skills and police technical skills; he has a Master of Public Administration degree from Roosevelt University and a Bachelor of Arts degree in Business Administration from Lewis University; and WHEREAS, Michael Williams has been married for forty years; he has three daughters and six grandchildren; and WHEREAS, Michael Williams is a member of the FBI National Academy Associates, the International Association of Chiefs of Police, the Illinois Association of Chiefs of Police Executive Board, the South Suburban Association of Chiefs of Police, where he was Immediate Past President, North East Multi-Region Training, where he previously served as Chairman of the Training & Curriculum Committee and as a member of the Board of Directors; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Michael Williams on a job well done; we wish him the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Chief of Police Michael Williams. HOUSE RESOLUTION 894 Offered by Representative Scully: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the history of organizations in the State of Illinois; and WHEREAS, The Park Forest Nurses Club is celebrating its fiftieth anniversary in the year 2000; the group is made up of about 80 members bound by their common profession; and WHEREAS, Katrina Harvey currently serves as the president of the Park Forest Nurses Club; and WHEREAS, The Park Forest Nurses Club sponsors a "loan closet" consisting of medical equipment that residents of Park Forest may borrow as the need arises; in addition, the Club annually awards $2,500 in college scholarships; and WHEREAS, The Park Forest Nurses Club coordinates blood drives, sponsors immunization clinics, conducts vision and hearing screenings, and participates in the Fourth of July parade; and WHEREAS, Members come from the communities of Park Forest, Homewood, Richton Park, Matteson, Beecher, Steger, and Hazel Crest; many of the nurses that have moved out of the State of Illinois continue to keep their memberships with the Club; and WHEREAS, The Park Forest Nurses Club is to be commended for their dedication and service to the community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the members of the Park Forest Nurses Club on the celebration of fifty years of meeting together; and be it further RESOLVED, That a suitable copy of this resolution be presented to the president of the Park Forest Nurses Club.
9 [November 15, 2000] HOUSE RESOLUTION 895 Offered by Representative Scully: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the lives of citizens of the State of Illinois; and WHEREAS, Reverend John H. Rice is celebrating thirty years of service to St. Bethel Baptist Church in Chicago Heights; and WHEREAS, John Rice was born in Starksville, Mississippi on May 14, 1936; he moved to Chicago Heights at the age of four; he attended Franklin Elementary School, Washington Junior High School, and Bloom High School; he graduated from Moody Bible Institute; he has an Associate of Arts degree from Prairie State College, a Bachelors degree in Communication Science from Governors State University, and is currently working on his Masters degree in Communication Science; and WHEREAS, In 1970 Reverend Rice became the pastor of his boyhood church, St. Bethel Baptist; under the leadership of Reverend Rice the Men's Brotherhood, Children's Church, Single's Ministry, Marriage Ministry, New Members Class, Early Morning Service, and other programs have found their beginnings; he has started food feeding programs, clothing drives, Thanksgiving dinners, Christmas dinners, and Christmas toys for needy families; and WHEREAS, Under Reverend Rice the Bethel Community Facility was completed; the Bethel Community Facility provides welfare to work programs, after school programs, summer day camp, emergency food and shelter, a medical clinic, pharmacy, GED classes, computer training, day care, and a boutique; and WHEREAS, Reverend Rice has been honored for his hard work and dedication to his community and church, including a proclamation from the City of Chicago Heights declaring the fourth Sunday in June as "Pastor John H. Rice Day"; he has received the Dr. Charles Gavin Top Brass Award, the Humanitarian Award for Distinguished Community Service, the Service Award for the Building of Bethel Facility, and the Illinois Distinguished Alumnus Award nomination; he also received a letter of congratulations from President Bill Clinton; and WHEREAS, Reverend Rice has been married to the former Movita Tate for forty years; they have one son, Reverend John Rice, Jr., and three daughters, Sharlolanda, Kyla, and Kandace; four grandchildren, Andrea, Steven, D'Yonna, and Netnya; one daughter-in-law and two sons-in-law; and WHEREAS, Reverend Rice continues to work for the church and the City of Chicago Heights, with the building of Bethel Annex, new homes, and an expected new worship area; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Reverend John Rice on his anniversary of thirty years of ministry; and be it further RESOLVED, That a suitable copy of this resolution be presented to Reverend John Rice. HOUSE RESOLUTION 896 Offered by Representative Novak - O'Brien: WHEREAS, The members of the House would like to commend the Kankakee County Coalition Against Domestic Violence/Harbor House on the celebration of their 20th year in existence; and WHEREAS, The Kankakee County Coalition Against Domestic Violence/Harbor House was co-founded in the late 1970's by Bev Seaton and Pat Sanders to address the ever-growing need for services to victims of domestic violence in Kankakee County; and WHEREAS, Harbor House is comprised mostly of volunteers whose dedication and hard work have become essential to the survival and improvement of the agency by helping to implement new programs that meet the increasing need for awareness and maintain the excellent services that their clients receive; and WHEREAS, Harbor House's purpose is to provide services to victims
[November 15, 2000] 10 of domestic violence and their children such as: emergency shelter, transitional housing in Kankakee, a 24 hour crisis hotline, individual and group counseling, sexual abuse counseling, advocacy, legal advocacy, victim education classes, appropriate referrals, transportation, an abuser education program, and encouraging in-services for other social service agencies such as the medical community, clergy, law enforcement and schools; and WHEREAS, Harbor House has been able to expand over the years due in part to donations from their patrons and therefore has been able to provide an expanded service to their clients such as: a much needed long term shelter equipped with full and part time staff in 1986, opening a counseling office in 1987 for service in Iroquois County and the surrounding area, operating a resale store in Watseka which assists the agency in funding, implementing a Domestic Violence Court in Iroquois county, and recently began offering an abuser education program in Watseka in March 2000; and WHEREAS, The Kankakee County Coalition Against Domestic Violence/Harbor House's continual dedication and hard work to provide a safe haven for victims of domestic violence while implementing programs to meet the victims needs and promoting community awareness of this very serious and ongoing problem, has led to the success of this agency, therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend The Kankakee County Coalition Against Domestic Violence/Harbor House for their loyal dedication, support and continual hard work for the past 20 years to the victims of domestic violence; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Kankakee County Coalition Against Domestic Violence/Harbor House as an expression of our esteem. HOUSE RESOLUTION 897 Offered by Representative Wojcik: WHEREAS, Dr. Gerald Chapman, Superintendent of Palatine Township High School District 211, has been named the National Superintendent of the Year by the American Association of School Administrators and the Servicemaster Company; and WHEREAS, Dr. Gerald Chapman is currently serving his 10th year as Superintendent in the State of Illinois' largest high school district; the five high schools he has administrative responsibility for are James B. Conant, William Fremd, Hoffman Estates, Palatine, and Schaumburg; the five schools have a combined enrollment of more than 12,000 students; and WHEREAS, All five schools have been recognized as Blue Ribbon Schools of Excellence by the U.S. Department of Education; three of the schools were named among the "Top 99" schools in the country by U.S. News and World Report magazine; Expansion Management named the District the nation's best high school district; and WHEREAS, Dr. Gerald Chapman joined District 211 in 1965, serving as a mathematics teacher at Fremd High School; in 1973 he was named associate principal at Hoffman Estates High School, and one year later was promoted to assistant superintendent; in 1990 Dr. Gerald Chapman was named Superintendent of District 211; and WHEREAS, Dr. Gerald Chapman has been honored by the Illinois State Board of Education, receiving the "Those Who Excel" award in 1988 and 1998; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Gerald Chapman on being named the National Superintendent of the Year; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Gerald Chapman, along with our sincere regards. HOUSE RESOLUTION 898
11 [November 15, 2000] Offered by Representative Wojcik: WHEREAS, The institution of marriage is one of the cornerstones upon which our society is built, and a marriage that has achieved a notable longevity is truly a model for the people of the State of Illinois; and WHEREAS, It has come to our attention that Mr. and Mrs. Edward Hennessy of Hoffman Estates, Illinois, will celebrate the fiftieth anniversary of their marriage; and WHEREAS, Edward Hennessy and Mary Hennessy were united in holy matrimony on November 25, 1950 at Our Lady Help of Christian in Chicago, Illinois; and WHEREAS, They are the loving parents of Mark Hennessy, Michael Hennessy, Debra Patel, and Kevin Hennessy; and the grandparents of Christopher, Gregory, Noreen, and Tyler; and WHEREAS, The respect for marriage reaches one of its highest plateaus when a couple such as Edward and Mary celebrate their golden wedding anniversary; and WHEREAS, Edward and Mary stand as examples of the best of our society, and their love and devotion to each other and to their family and friends serve as a reminder to all that hard work, dedication, and love can make a difference in today's world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Edward and Mary Hennessy on the occasion of their fiftieth wedding anniversary; that we commend them for achieving a long and happy marriage, blessed with children and grandchildren and rich in friendships; and that we wish them happiness and good health in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to them as an expression of our respect and esteem. HOUSE RESOLUTION 900 Offered by Representative Scully: WHEREAS, The members of the House wishes to acknowledge Dr. Robert A. Jordan, M.D., for his outstanding contribution to the field of medicine in his community; and WHEREAS, Dr. Robert A Jordan, M.D., has been in private practice in the south suburbs of Chicago and Olympia Fields for the past 20 years; he serves his patients with a comprehensive plan that addresses the health needs of the community, couples economic development, educates on health and nutrition, and provides holistic medical services; and WHEREAS, Dr. Jordan's commitment to the community and his unrelentless effort to educate and uplift the youth of the community, have led him and his wife of 37 years, Jeanette, to establish the Far South Side Community Health Center, a not-for-profit outreach entity that works conjointly with Dr. Jordan's private practice, South Suburban Pediatrics, to provide holistic health care services, such as a health fair that provides back-to-school physicals, immunizations, and dental screenings for over 700 students each year; and WHEREAS, The Far South Side Community Health Center provides ongoing clothes distribution from the medical facility, gives incentives to students who maintain academic excellence; distributes food baskets to the less fortunate during the holidays, and provides medical service free of charge to patients who are uninsured; and WHEREAS, Dr. Robert A. Jordan, M.D., has shown his dedication to the people of the south suburbs; he is a physician that truly epitomizes medicine; his focus is not of financial comfort or greed, but one of a man truly dedicated to quality medical care and to his patients; 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 gratitude to Dr. Robert A. Jordan, M.D., for his outstanding contributions in the field of medicine and his devotion to the south suburban community; and be it further RESOLVED, That a suitable copy of this resolution be presented to
[November 15, 2000] 12 Dr. Robert A. Jordan, M.D., as an expression of our esteem. HOUSE RESOLUTION 901 Offered by Representative Currie - Erwin - Hamos - Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Bernard Weissbourd, who recently passed away; and WHEREAS, Bernard Weissbourd was a graduate and valedictorian of Senn High School; he entered the University of Chicago on a full scholarship at the age of fifteen; he earned his undergraduate degree in chemistry and was invited by Chancellor Robert Hutchins to attend the University of Chicago Law School on a full scholarship; Mr. Weissbourd excelled in law school, and also served as editor of the law review; and WHEREAS, Bernard Weissbourd entered the United States Army during his first year of law school; the United States was involved in World War II when Mr. Weissbourd received a note asking him to return to Chicago where a professor who had taught Mr. Weissbourd had recommended him for a part in the Manhattan Project; during his involvement he invented new equipment for the detection of elements and participated in the discovery of plutonium; and WHEREAS, Bernard Weissbourd returned to law school after his service ended, where he graduated at the top of his class; from 1948 to 1959 he served as a partner in the Antonow and Weissbourd law firm; he was asked to take over Herb Greenwald's real estate development company, which he renamed Metropolitan Structures; the firm developed many of Chicago's famous buildings, including One Illinois Center, the Essex Inn, the Hyatt Regency Chicago, the Mercantile Exchange Center, and Buckingham Plaza, as well as Nuns Island in Montreal; and WHEREAS, Bernard Weissbourd campaigned for Chicago Mayor Harold Washington, wrote position papers for President Jimmy Carter and presidential candidate Walter Mondale, and held SNCC (Student Non-Violent Coordinating Committee) meetings in his backyard; together with his wife and Irving Harris he co-founded Family Focus, a community-based, family support program; he also founded the Center for Psycho-Social Studies, now the Center for Transcultural Studies, an international center dedicated to cross-cultural understanding; and WHEREAS, The passing of Bernard Weissbourd will be felt by all who knew him, especially his wife, Bernice; his sons, Robert, Burt, and Rick; his daughter, Ruth Weissbourd Grant; and his eleven 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 who knew him, the passing of Bernard Weissbourd; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Bernard Weissbourd. HOUSE RESOLUTION 902 Offered by Representatives Currie - Lindner - Howard - Coulson - Pankau, Mulligan, Slone, Klingler, Feigenholtz, Crotty, Erwin, Hamos, Garrett, Monique Davis and Andrea Moore: WHEREAS, The members of the Illinois General Assembly were saddened to learn of the death of Luellen Watson Laurenti of Normal on June 17, 2000; and WHEREAS, Luellen, a women's rights activist and lobbyist, was born in Charleston, West Virginia on August 27, 1939; she attended elementary and high school in Charleston and graduated from Marietta College in Ohio; she earned a master's degree in foreign languages from the University of Illinois; she moved to central Illinois in 1963 to teach Spanish and women's studies at Illinois State University in Normal, Illinois; and WHEREAS, Her life's work was "for women"; she dedicated her life to legislative and electoral issues to advance the status of women and create opportunities for the next generation of women; Luellen was a
13 [November 15, 2000] leader in the women's movement as lobbyist for Illinois NOW and the American Association of University Women and as a legislative consultant for Governor Ryan's Commission on the Status of Women; she was the President of Bloomington NOW, the President of Illinois NOW from 1985 through 1987, the recipient of the Illinois NOW the President's Award, the Executive Director of the International Women's Year Conference in Bloomington, Illinois in 1977, and the Democratic State Central Committeewoman from 1984 through 1998 and was nationally known as a feminist leader, historian, and scholar; she is a significant part of women's history in the State of Illinois; Luellen was and always will be known as an activist for the ERA; and WHEREAS, She worked unceasingly for over 3 decades for the right of all women to have access to a full range of comprehensive health options during their lives, including the right to abortion and birth control services, free from coercion and intimidation and available to all regardless of their ability to pay; and WHEREAS, She worked with the Illinois General Assembly as an advocate and lobbyist for women's rights for the last 12 years; she exhibited a unique ability to work with members of both parties in the Illinois General Assembly on legislation that would benefit all people regardless of their age, gender, race, ability, or sexual orientation; she understood the political and the personal, legislative processes, and grassroots action and knew when each was necessary to effect change; she was an ally, adversary, leader, mentor, and friend to us as we represent and work for the people of 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 note with sorrow and regret the death of Luellen W. Laurenti and express our sincere condolences to her husband, Joseph, her beloved cats, Leo and Nappy, family, friends, and the thousands of Illinois women who call her sister; and be it further RESOLVED, That a suitable copy of this resolution be presented to her husband, Joseph Laurenti, Illinois NOW, and Illinois NOW for inclusion in the Luellen Laurenti papers at the University of Illinois at Springfield Archives. HOUSE RESOLUTION 903 Offered by Representative Mathias: WHEREAS, The Illinois Association of Park Districts, the Arlington Heights Park District, and the Village of Arlington Heights recently honored Sandra L. Fernstrom, Park Board Commissioner of the Arlington Heights Park District, for nineteen years of dedicated service; and WHEREAS, Sandra L. Fernstrom, in her nineteen years as Park Board Commissioner of the Arlington Heights Park District, has tirelessly served the interests of parks and recreation as a leader in the Illinois Association of Park Districts and in the community of Arlington Heights; and WHEREAS, Sandra L. Fernstrom's commitment for improving the quality of life in Arlington Heights through leisure services has been unsurpassed and has resulted in the development of premier recreational facilities and special facilities and the acquisition of open space in the community; and WHEREAS, Sandra L. Fernstrom has been dynamic in the advancement of parks and recreation on a State and national level, striving to create incomparable services and recreational opportunities for individuals of all ages; and WHEREAS, Sandra L. Fernstrom's allegiance to the betterment of parks and recreation in this State has helped to enrich the lives of countless Illinois residents; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we offer our heartiest congratulations to Sandra L. Fernstrom upon serving nineteen years as a dedicated Commissioner of the Park Board of the Arlington Heights Park District, and that we express our appreciation for her many years of
[November 15, 2000] 14 service to parks and recreation in the State; and be it further RESOLVED, That suitable copies of this resolution be presented to Sandra L. Fernstrom and the Arlington Heights Park District Board. HOUSE RESOLUTION 904 Offered by Representative Younge: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones within the State of Illinois; and WHEREAS, The staff of Lessie Bates Davis Neighborhood House in East St. Louis, Illinois, are celebrating ninety years of ministry in the year 2000; and WHEREAS, Lessie Bates Davis Neighborhood House is a mission of the United Methodist Church; and WHEREAS, Lessie Bates Davis Neighborhood House is a day care center; the Neighborhood House provides a Sure Start program, designed to ensure a successful school experience for children; the staff of the Neighborhood House also offers case management and child development services; and WHEREAS, The Lessie Bates Davis Neighborhood House Board of Directors and staff are to be commended for their hard work and dedication to the community of East St. Louis; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Board of Directors and staff of the Lessie Bates Davis Neighborhood House on the occasion of their anniversary celebration; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Board of Directors and staff of the Lessie Bates Davis Neighborhood House. HOUSE RESOLUTION 905 Offered by Representative McAuliffe: WHEREAS, The members of the Illinois House of Representatives are pleased to honor organizations and their milestones in the State of Illinois; and WHEREAS, The Daughters of St. Mary of Providence, located at 4200 North Austin Avenue in Chicago, Illinois, are celebrating their seventy-fifth anniversary of providing for the needs of the developmentally disabled in the Chicago area; and WHEREAS, In 1913 the Daughters of St. Mary of Providence came to the United States from Italy; they began their work by providing kindergarten classes for children of working mothers, and a hospital; and WHEREAS, In 1925 Mother Rose Bertolini and the Sisters took possession of the property on Austin Avenue that had previously been St. Pascal's Parish; they began a new ministry of treating and caring for the developmentally disabled; the program was new to the Archdiocese of Chicago, but soon developed into one of the finest programs in the nation; and WHEREAS, Property was purchased in Lake Zurich, Illinois to begin a home for the older and more severely disabled in 1935; the property was named Mount St. Joseph and a summer camp was soon opened on a piece of the property for the residents of St. Mary of Providence; and WHEREAS, Today St. Mary of Providence operates several programs, including a Therapeutic School for developmentally disabled children, the Developmental Training Program for adults, a Residential program for adults, and a Community Living Facility; and WHEREAS, For their hard work and dedication to such a special ministry, the Daughters of St. Mary of Providence are to be commended; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Daughters of St. Mary of Providence on the occasion of their seventy-fifth anniversary of providing a special ministry to the
15 [November 15, 2000] developmentally disabled; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Daughters of St. Mary of Providence. HOUSE RESOLUTION 906 Offered by Representative Currie: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family, friends, colleagues, patients, and all those touched by Dr. John E. Ultmann, who recently passed away; and WHEREAS, Dr. John E. Ultmann was born in Vienna, Austria on January 6, 1925; he and his family moved to New York in 1938; he attended the Bronx High School of Science and graduated in 1943; he was drafted into the United States Army after graduation, where he served in the intelligence service; after World War II he went to Austria to help identify and interrogate war criminals and gather information for the Nuremberg trials; and WHEREAS, After his service with the Army, Dr. Ultmann attended Brooklyn and Oberlin College, and then the College of Physicians and Surgeons at Columbia University, where he later joined the faculty; and WHEREAS, In 1968 Dr. Ultmann began his work with the University of Chicago, where he specialized in cancer treatment, specifically lymphoma and Hodgkin's disease as well as advancing the use of chemotherapy; he was a past director of, and helped in the creation of, the university's Cancer Research Center; he served on many national and international medical committees; and WHEREAS, Dr. Ultmann was the author of over 450 papers, review articles, book chapters, editorials, and abstracts; he revised the medical school curriculum so students would have more experience with patient care from the start; from 1976 to 1980 Dr. Ultmann was chairman of the board of scientific counselors for the National Cancer Institute's Division of Cancer Treatment; and WHEREAS, Dr. Ultmann is credited with raising millions of dollars for the medical center, including a $21 million gift from the Richard L. Duchossois family; this gift saw the building of the Duchossois Center for Advanced Medicine; and WHEREAS, Dr. Ultmann saved many lives and pioneered the use of new treatment for cancer; and WHEREAS, The passing of Dr. John E. Ultmann will be felt by all who knew and were touched by this man, especially his wife, Ruth; his daughters, Dr. Monica Ultmann and Dr. Michelle Ultmann; his son, Barry Ultmann; and his five RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of Dr. John E. Ultmann of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Dr. John E. Ultmann. ACTION ON MOTIONS Pursuant to Rule 25, Representative Currie moved to suspend the posting requirements on HOUSE BILLS 4743 and 4754 to be heard in the Committee on Revenue. The motion prevailed. HOUSE BILLS ON SECOND READING HOUSE BILL 4577. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Human Services, adopted and printed:
[November 15, 2000] 16 AMENDMENT NO. 1 TO HOUSE BILL 4577 AMENDMENT NO. 1. Amend House Bill 4577 by replacing the title with the following: "AN ACT making a supplemental appropriation to the Department of Human Services."; and by replacing everything after the enacting clause with the following: "Section 5. "AN ACT making appropriations and reappropriations", Public Act 91-707, approved May 17, 2000, is amended by changing Sections 12 and 13 of Article 5 as follows: (P.A. 91-707, Art. 5, Sec. 12) Sec. 12. The following named sums, or so much thereof as may be necessary, respectively, for the purposes hereinafter named, are appropriated to the Department of Human Services for Grants-In-Aid and Purchased Care in its various regions pursuant to Sections 3 and 4 of the Community Services Act and the Community Mental Health Act: MENTAL HEALTH/DEVELOPMENTAL DISABILITIES GRANTS-IN-AID AND PURCHASED CARE For Community Service Grant Programs for Persons with Mental Illness: Payable from General Revenue Fund ......................... $163,417,800 Payable from Community Mental Health Services Block Grant Fund..... 9,827,400 Payable from the DHS Federal Projects Fund ................ 10,000,000 For Costs Associated With The Purchase and Disbursement of Psychotropic Medications for Mentally Ill Clients in the Community: Payable from General Revenue Fund.......................... 3,000,000 For Community Integrated Living Arrangements for Persons with Mental Illness: Payable from General Revenue Fund.................. 35,618,700 For Medicaid Services for Persons with Mental Illness/and KidCare Clients: Payable from General Revenue Fund.................. 44,689,000 For Emergency Psychiatric Services: Payable from General Revenue Fund ................. 10,020,700 For Community Service Grant Programs for Children and Adolescents with Mental Illness: Payable from General Revenue Fund ................. 23,872,000 Payable from Community Mental Health Services Block Grant Fund .... 3,371,400 For Purchase of Care for Children and Adolescents with Mental Illness approved through the Individual Care Grant Program: Payable from General Revenue Fund ................. 20,976,800 For Costs Associated with Children and Adolescent Mental Health Programs: Payable from General Revenue Fund .................. 11,040,800 For Teen Suicide Prevention Including Provisions Established in Public Act 85-0928: Payable from Community Mental Health Services Block Grant Fund .... 206,400
17 [November 15, 2000] For Grants for Mental Health Research: Payable from Mental Health Research Fund ......................... 150,000 Total $338,191,000 For Community Service Grant Programs for Persons with Developmental Disabilities: Payable from General Revenue Fund: ................ $104,407,600
[November 15, 2000] 18 Community Programs in fiscal year 2001 and in all prior fiscal years: Payable from the General Revenue Fund ................. 359,979,500
19 [November 15, 2000] A person entering service on or after January 1, 1984 shall, upon completion of 6 months of continuous service which is not interrupted by a break of more than 2 months, become a member as a condition of employment. Contributions shall begin the first of the month after completion of the qualifying period. The qualifying period of 6 months of service is not applicable to: (1) a person who has been granted credit for service in a position covered by the State Universities Retirement System, the Teachers' Retirement System of the State of Illinois, the General Assembly Retirement System, or the Judges Retirement System of Illinois unless that service has been forfeited under the laws of those systems; (2) a person entering service on or after July 1, 1991 in a noncovered position; or (3) a person to whom Section 14-108.2a or 14-108.2b applies. (b) The term "employee" does not include the following: (1) members of the State Legislature, and persons electing to become members of the General Assembly Retirement System pursuant to Section 2-105; (2) incumbents of offices normally filled by vote of the people; (3) except as otherwise provided in this Section, any person appointed by the Governor with the advice and consent of the Senate unless that person elects to participate in this system; (4) except as provided in Section 14-108.2, any person who is covered or eligible to be covered by the Teachers' Retirement System of the State of Illinois, the State Universities Retirement System, or the Judges Retirement System of Illinois; (5) an employee of a municipality or any other political subdivision of the State; (6) any person who becomes an employee after June 30, 1979 as a public service employment program participant under the Federal Comprehensive Employment and Training Act and whose wages or fringe benefits are paid in whole or in part by funds provided under such Act; (7) enrollees of the Illinois Young Adult Conservation Corps program, administered by the Department of Natural Resources, authorized grantee pursuant to Title VIII of the "Comprehensive Employment and Training Act of 1973", 29 USC 993, as now or hereafter amended; (8) enrollees and temporary staff of programs administered by the Department of Natural Resources under the Youth Conservation Corps Act of 1970; (9) any person who is a member of any professional licensing or disciplinary board created under an Act administered by the Department of Professional Regulation or a successor agency or created or re-created after the effective date of this amendatory Act of 1997, and who receives per diem compensation rather than a salary, notwithstanding that such per diem compensation is paid by warrant issued pursuant to a payroll voucher; such persons have never been included in the membership of this System, and this amendatory Act of 1987 (P.A. 84-1472) is not intended to effect any change in the status of such persons; (10) any person who is a member of the Illinois Health Care Cost Containment Council, and receives per diem compensation rather than a salary, notwithstanding that such per diem compensation is paid by warrant issued pursuant to a payroll voucher; such persons have never been included in the membership of this System, and this amendatory Act of 1987 is not intended to effect any change in the status of such persons; or (11) any person who is a member of the Oil and Gas Board created by Section 1.2 of the Illinois Oil and Gas Act, and receives per diem compensation rather than a salary, notwithstanding that such per diem compensation is paid by warrant issued pursuant to a payroll voucher. (c) An individual who is employed on a full-time basis as an officer or employee of a statewide labor organization that represents
[November 15, 2000] 20 members of this System 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 public or private pension plan or retirement system (other than social security). An employee under this subsection (c) is responsible for paying to the System both (i) employee contributions based on compensation as defined in this subsection and (ii) employer contributions based on that compensation and the percentage of payroll certified by the board; 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 labor organization. While participating in the System under this subsection (c), the participant's rate of compensation, for all purposes of this Article and the Retirement Systems Reciprocal Act, shall be deemed to be the rate of compensation that the participant would have received if he or she had continued in the position that he or she held on the last day as an employee in this System prior to beginning participation under this subsection (c), including all scheduled satisfactory performance increases and other salary increases applicable from time to time to persons in that position (or, if that position is eliminated, applicable to persons in similar positions under the same pay plan or its successor). The rate of compensation for a participant under this subsection (c) shall be determined by the Board, in its sole discretion. A person who is an employee as defined in this subsection 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 public or private pension plan or retirement system (other than social security). (Source: P.A. 89-246; eff. 8-4-95; 89-445, eff. 2-7-96; 90-448, eff. 8-16-97.) (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106) Sec. 14-106. Membership service credit. (a) After January 1, 1944, all service of a member since he last became a member with respect to which contributions are made shall count as membership service; provided, that for service on and after July 1, 1950, 12 months of service shall constitute a year of membership service, the completion of 15 days or more of service during any month shall constitute 1 month of membership service, 8 to 15 days shall constitute 1/2 month of membership service and less than 8 days shall constitute 1/4 month of membership service. The payroll record of each department shall constitute conclusive evidence of the record of service rendered by a member. (b) For a member who is employed and paid on an academic-year basis rather than on a 12-month annual basis, employment for a full academic year shall constitute a full year of membership service, except that the member shall not receive more than one year of membership service credit (plus any additional service credit granted for unused sick leave) for service during any 12-month period. This subsection (b) applies to all such service for which the member has not begun to receive a retirement annuity before the effective date of this amendatory Act of the 91st General Assembly. (c) A member shall be entitled to additional service credit, under rules prescribed by the Board, for accumulated unused sick leave credited to his account in the last Department on the date of withdrawal from service or for any period for which he would have been eligible to receive benefits under a sick pay plan authorized by law, if he had suffered a sickness or accident on the date of withdrawal from service. It shall be the responsibility of the last Department to certify to the Board the length of time salary or benefits would have
21 [November 15, 2000] been paid to the member based upon the accumulated unused sick leave or the applicable sick pay plan if he had become entitled thereto because of sickness on the date that his status as an employee terminated. This period of service credit granted under this paragraph shall not be considered in determining the date the retirement annuity is to begin, or final average compensation. (Source: P.A. 87-1265.) (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107) Sec. 14-107. Retirement annuity - service and age - conditions. A member is entitled to a retirement annuity after having at least 8 years of creditable service. A member who has at least 35 years of creditable service may claim his or her retirement annuity at any age. A member having at least 8 years of creditable service but less than 35 may claim his or her retirement annuity upon or after attainment of age 60 or, beginning January 1, 2001, any lesser age which, when added to the number of years of his or her creditable service, equals at least 85. A member upon or after attainment of age 55 having at least 25 years
[November 15, 2000] 22 application of Section 14-114 or Section 14-115. (e) The retirement annuity payable to any covered employee who is a member of the System and in service on January 1, 1969, or in service thereafter in 1969 as a result of legislation enacted by the Illinois General Assembly transferring the member to State employment from county employment in a county Department of Public Aid in counties of 3,000,000 or more population, under a plan of coordination with the Old Age, Survivors and Disability provisions thereof, if not fully insured for Old Age Insurance payments under the Federal Old Age, Survivors and Disability Insurance provisions at the date of acceptance of a retirement annuity, shall not be less than the amount for which the member would have been eligible if coordination were not applicable. (f) The retirement annuity payable to any covered employee who is a member of the System and in service on January 1, 1969, or in service thereafter in 1969 as a result of the legislation designated in the immediately preceding paragraph, if fully insured for Old Age Insurance payments under the Federal Social Security Act at the date of acceptance of a retirement annuity, shall not be less than an amount which when added to the Primary Insurance Benefit payable to the member upon attainment of age 65 under such Federal Act, will equal the annuity which would otherwise be payable if the coordinated plan of coverage were not applicable. (g) In the case of a member who is a noncovered employee, the retirement annuity for membership service as a security employee of the Department of Corrections or security employee of the Department of Human Services shall be: if retirement occurs on or after January 1, 2001, 3% of final average compensation for each year of creditable service; or if retirement occurs before January 1, 2001, 1.9% of final average compensation for each of the first 10 years of service,
23 [November 15, 2000] superseded stepped rate for other steps of the same type of service. (Source: P.A. 89-507, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, eff. 8-16-97; 90-655, eff. 7-30-98.) (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) Sec. 14-110. Alternative retirement annuity. (a) Any member who has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, and any member who has withdrawn from service with not less than 25 years of eligible creditable service and has attained age 50, regardless of whether the attainment of either of the specified ages occurs while the member is still in service, shall be entitled to receive at the option of the member, in lieu of the regular or minimum retirement annuity, a retirement annuity computed as follows: (i) for periods of service as a noncovered employee: if retirement occurs on or after January 1, 2001, 3% of final average compensation for each year of creditable service; if retirement occurs before January 1, 2001, 2 1/4% of final average compensation for each of the first 10 years of creditable service, 2 1/2% for each year above 10 years to and including 20 years of creditable service, and 2 3/4% for each year of creditable service above 20 years; and (ii) for periods of eligible creditable service as a covered employee: if retirement occurs on or after January 1, 2001, 2.5% of final average compensation for each year of creditable service; if retirement occurs before January 1, 2001, 1.67% of final average compensation for each of the first 10 years of such service, 1.90% for each of the next 10 years of such service, 2.10% for each year of such service in excess of 20 but not exceeding 30, and 2.30% for each year in excess of 30. Such annuity shall be subject to a maximum of 75% of final average compensation if retirement occurs before January 1, 2001 or to a maximum of 80% of final average compensation if retirement occurs on or after January 1, 2001. These rates shall not be applicable to any service performed by a member as a covered employee which is not eligible creditable service. Service as a covered employee which is not eligible creditable service shall be subject to the rates and provisions of Section 14-108. (b) For the purpose of this Section, "eligible creditable service" means creditable service resulting from service in one or more of the following positions: (1) State policeman; (2) fire fighter in the fire protection service of a department; (3) air pilot; (4) special agent; (5) investigator for the Secretary of State; (6) conservation police officer; (7) investigator for the Department of Revenue; (8) security employee of the Department of Human Services; (9) Central Management Services security police officer; (10) security employee of the Department of Corrections; (11) dangerous drugs investigator; (12) investigator for the Department of State Police; (13) investigator for the Office of the Attorney General; (14) controlled substance inspector; (15) investigator for the Office of the State's Attorneys Appellate Prosecutor; (16) Commerce Commission police officer; (17) arson investigator. A person employed in one of the positions specified in this subsection is entitled to eligible creditable service for service credit earned under this Article while undergoing the basic police training course approved by the Illinois Law Enforcement Training Standards Board, if completion of that training is required of persons serving in that position. For the purposes of this Code, service during the required basic police training course shall be deemed
[November 15, 2000] 24 performance of the duties of the specified position, even though the person is not a sworn peace officer at the time of the training. (c) For the purposes of this Section: (1) The term "state policeman" includes any title or position in the Department of State Police that is held by an individual employed under the State Police Act. (2) The term "fire fighter in the fire protection service of a department" includes all officers in such fire protection service including fire chiefs and assistant fire chiefs. (3) The term "air pilot" includes any employee whose official job description on file in the Department of Central Management Services, or in the department by which he is employed if that department is not covered by the Personnel Code, states that his principal duty is the operation of aircraft, and who possesses a pilot's license; however, the change in this definition made by this amendatory Act of 1983 shall not operate to exclude any noncovered employee who was an "air pilot" for the purposes of this Section on January 1, 1984. (4) The term "special agent" means any person who by reason of employment by the Division of Narcotic Control, the Bureau of Investigation or, after July 1, 1977, the Division of Criminal Investigation, the Division of Internal Investigation, the Division of Operations, or any other Division or organizational entity in the Department of State Police is vested by law with duties to maintain public order, investigate violations of the criminal law of this State, enforce the laws of this State, make arrests and recover property. The term "special agent" includes any title or position in the Department of State Police that is held by an individual employed under the State Police Act. (5) The term "investigator for the Secretary of State" means any person employed by the Office of the Secretary of State and vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. A person who became employed as an investigator for the Secretary of State between January 1, 1967 and December 31, 1975, and who has served as such until attainment of age 60, either continuously or with a single break in service of not more than 3 years duration, which break terminated before January 1, 1976, shall be entitled to have his retirement annuity calculated in accordance with subsection (a), notwithstanding that he has less than 20 years of credit for such service. (6) The term "Conservation Police Officer" means any person employed by the Division of Law Enforcement of the Department of Natural Resources and vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The term "Conservation Police Officer" includes the positions of Chief Conservation Police Administrator and Assistant Conservation Police Administrator. (7) The term "investigator for the Department of Revenue" means any person employed by the Department of Revenue and vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. (8) The term "security employee of the Department of Human Services" means any person employed by the Department of Human Services who (i) is employed at the Chester Mental Health Center and has daily contact with the residents thereof, (ii) is employed within a security unit at a facility operated by the Department and has daily contact with the residents of the security unit, (iii) is employed at a facility operated by the Department that includes a security unit and is regularly scheduled to work at least 50% of his or her working hours within that security unit, or (iv)
25 [November 15, 2000] position pertaining to the Department's mental health and developmental disabilities functions who is vested with such law enforcement duties as render the person ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. "Security unit" means that portion of a facility that is devoted to the care, containment, and treatment of persons committed to the Department of Human Services as sexually violent persons, persons unfit to stand trial, or persons not guilty by reason of insanity. With respect to past employment, references to the Department of Human Services include its predecessor, the Department of Mental Health and Developmental Disabilities. (9) "Central Management Services security police officer" means any person employed by the Department of Central Management Services who is vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. (10) The term "security employee of the Department of Corrections" means any employee of the Department of Corrections or the former Department of Personnel, and any member or employee of the Prisoner Review Board, who has daily contact with inmates by working within a correctional facility or who is a parole officer or an employee who has direct contact with committed persons in the performance of his or her job duties. (11) The term "dangerous drugs investigator" means any person who is employed as such by the Department of Human Services. (12) The term "investigator for the Department of State Police" means a person employed by the Department of State Police who is vested under Section 4 of the Narcotic Control Division Abolition Act with such law enforcement powers as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. (13) "Investigator for the Office of the Attorney General" means any person who is employed as such by the Office of the Attorney General and is vested with such investigative duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For the period before January 1, 1989, the term includes all persons who were employed as investigators by the Office of the Attorney General, without regard to social security status. (14) "Controlled substance inspector" means any person who is employed as such by the Department of Professional Regulation and is vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. The term "controlled substance inspector" includes the Program Executive of Enforcement and the Assistant Program Executive of Enforcement. (15) The term "investigator for the Office of the State's Attorneys Appellate Prosecutor" means a person employed in that capacity on a full time basis under the authority of Section 7.06 of the State's Attorneys Appellate Prosecutor's Act. (16) "Commerce Commission police officer" means any person employed by the Illinois Commerce Commission who is vested with such law enforcement duties as render him ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. (17) "Arson investigator" means any person who is employed as such by the Office of the State Fire Marshal and is vested with such law enforcement duties as render the person ineligible for coverage under the Social Security Act by reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. A person who was employed as an arson investigator on January 1, 1995 and is no longer in service but not yet receiving a retirement annuity may convert his or her creditable service for employment as an arson investigator into eligible creditable service by paying to the System the difference between the employee contributions actually
[November 15, 2000] 26 paid for that service and the amounts that would have been contributed if the applicant were contributing at the rate applicable to persons with the same social security status earning eligible creditable service on the date of application. (d) A security employee of the Department of Corrections, and a security employee of the Department of Human Services who is not a mental health police officer, shall not be eligible for the alternative retirement annuity provided by this Section unless he or she meets the following minimum age and service requirements at the time of retirement: (i) 25 years of eligible creditable service and age 55; or (ii) beginning January 1, 1987, 25 years of eligible creditable service and age 54, or 24 years of eligible creditable service and age 55; or (iii) beginning January 1, 1988, 25 years of eligible creditable service and age 53, or 23 years of eligible creditable service and age 55; or (iv) beginning January 1, 1989, 25 years of eligible creditable service and age 52, or 22 years of eligible creditable service and age 55; or (v) beginning January 1, 1990, 25 years of eligible creditable service and age 51, or 21 years of eligible creditable service and age 55; or (vi) beginning January 1, 1991, 25 years of eligible creditable service and age 50, or 20 years of eligible creditable service and age 55. Persons who have service credit under Article 16 of this Code for service as a security employee of the Department of Corrections in a position requiring certification as a teacher may count such service toward establishing their eligibility under the service requirements of this Section; but such service may be used only for establishing such eligibility, and not for the purpose of increasing or calculating any benefit. (e) If a member enters military service while working in a position in which eligible creditable service may be earned, and returns to State service in the same or another such position, and fulfills in all other respects the conditions prescribed in this Article for credit for military service, such military service shall be credited as eligible creditable service for the purposes of the retirement annuity prescribed in this Section. (f) For purposes of calculating retirement annuities under this Section, periods of service rendered after December 31, 1968 and before October 1, 1975 as a covered employee in the position of special agent, conservation police officer, mental health police officer, or investigator for the Secretary of State, shall be deemed to have been service as a noncovered employee, provided that the employee pays to the System prior to retirement an amount equal to (1) the difference between the employee contributions that would have been required for such service as a noncovered employee, and the amount of employee contributions actually paid, plus (2) if payment is made after July 31, 1987, regular interest on the amount specified in item (1) from the date of service to the date of payment. For purposes of calculating retirement annuities under this Section, periods of service rendered after December 31, 1968 and before January 1, 1982 as a covered employee in the position of investigator for the Department of Revenue shall be deemed to have been service as a noncovered employee, provided that the employee pays to the System prior to retirement an amount equal to (1) the difference between the employee contributions that would have been required for such service as a noncovered employee, and the amount of employee contributions actually paid, plus (2) if payment is made after January 1, 1990, regular interest on the amount specified in item (1) from the date of service to the date of payment. (g) A State policeman may elect, not later than January 1, 1990, to establish eligible creditable service for up to 10 years of his service as a policeman under Article 3, by filing a written election
27 [November 15, 2000] with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.5, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment. Subject to the limitation in subsection (i), a State policeman may elect, not later than July 1, 1993, to establish eligible creditable service for up to 10 years of his service as a member of the County Police Department under Article 9, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 9-121.10 and the amounts that would have been contributed had those contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment. (h) Subject to the limitation in subsection (i), a State policeman or investigator for the Secretary of State may elect to establish eligible creditable service for up to 12 years of his service as a policeman under Article 5, by filing a written election with the Board on or before January 31, 1992, and paying to the System by January 31, 1994 an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 5-236, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment. Subject to the limitation in subsection (i), a State policeman, conservation police officer, or investigator for the Secretary of State may elect to establish eligible creditable service for up to 10 years of service as a sheriff's law enforcement employee under Article 7, by filing a written election with the Board on or before January 31, 1993, and paying to the System by January 31, 1994 an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 7-139.7, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment. (i) The total amount of eligible creditable service established by any person under subsections (g), (h), (j), (k), and (l) of this Section shall not exceed 12 years. (j) Subject to the limitation in subsection (i), an investigator for the Office of the State's Attorneys Appellate Prosecutor or a controlled substance inspector may elect to establish eligible creditable service for up to 10 years of his service as a policeman under Article 3 or a sheriff's law enforcement employee under Article 7, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (1) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.6 or 7-139.8, and the amounts that would have been contributed had such contributions been made at the rates applicable to State policemen, plus (2) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment. (k) Subject to the limitation in subsection (i) of this Section, an alternative formula employee may elect to establish eligible creditable service for periods spent as a full-time law enforcement officer or full-time corrections officer employed by the federal government or by a state or local government located outside of Illinois, for which credit is not held in any other public employee pension fund or retirement system. To obtain this credit, the
[November 15, 2000] 28 applicant must file a written application with the Board by March 31, 1998, accompanied by evidence of eligibility acceptable to the Board and payment of an amount to be determined by the Board, equal to (1) employee contributions for the credit being established, based upon the applicant's salary on the first day as an alternative formula employee after the employment for which credit is being established and the rates then applicable to alternative formula employees, plus (2) an amount determined by the Board to be the employer's normal cost of the benefits accrued for the credit being established, plus (3) regular interest on the amounts in items (1) and (2) from the first day as an alternative formula employee after the employment for which credit is being established to the date of payment. (l) Subject to the limitation in subsection (i), a security employee of the Department of Corrections may elect, not later than July 1, 1998, to establish eligible creditable service for up to 10 years of his or her service as a policeman under Article 3, by filing a written election with the Board, accompanied by payment of an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the System under Section 3-110.5, and the amounts that would have been contributed had such contributions been made at the rates applicable to security employees of the Department of Corrections, plus (ii) interest thereon at the effective rate for each year, compounded annually, from the date of service to the date of payment. (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99; 91-760, eff. 1-1-01.) (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114) Sec. 14-114. Automatic increase in retirement annuity. (a) Any person receiving a retirement annuity under this Article who retires having attained age 60, or who retires before age 60 having at least 35 years of creditable service, or who retires on or after January 1, 2001 at an age which, when added to the number of years of his or her creditable service, equals at least 85, shall, on January 1
29 [November 15, 2000] increasing annuity authorized by this Section. (c) The provisions of subsection (a) of this Section shall not be applicable to any annuitant who is on retirement on December 31, 1969, and thereafter returns to State service, unless the member has established at least one year of additional creditable service following reentry into service. (d) In addition to other increases which may be provided by this Section, on January 1, 1981 any annuitant who was receiving a retirement annuity on or before January 1, 1971 shall have his retirement annuity then being paid increased $1 per month for each year of creditable service. On January 1, 1982, any annuitant who began receiving a retirement annuity on or before January 1, 1977, shall have his retirement annuity then being paid increased $1 per month for each year of creditable service. On January 1, 1987, any annuitant who began receiving a retirement annuity 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. (e) Every person who receives the alternative retirement annuity under Section 14-110 and who is eligible to receive the 3% increase under subsection (a) on January 1, 1986, shall also receive on that date a one-time increase in retirement annuity equal to the difference between (1) his actual retirement annuity on that date, including any increases received under subsection (a), and (2) the amount of retirement annuity he would have received on that date if the amendments to subsection (a) made by Public Act 84-162 had been in effect since the date of his retirement. (Source: P.A. 86-273; 87-1265.) (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133) Sec. 14-133. Contributions on behalf of members. (a) Each participating employee shall make contributions to the System, based on the employee's compensation, as follows: (1) Covered employees, except as indicated below, 3.5% for retirement annuity, and 0.5% for a widow or survivors annuity; (2) Noncovered employees, except as indicated below, 7% for retirement annuity and 1% for a widow or survivors annuity; (3) Noncovered employees serving in a position in which "eligible creditable service" as defined in Section 14-110 may be earned,
[November 15, 2000] 30 and shall receipt in full for salary or compensation. (Source: P.A. 89-507, eff. 7-1-97; 90-448, eff. 8-16-97.) (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132) Sec. 16-132. Retirement annuity eligibility. A member who has at least 20 years of creditable service is entitled to a retirement annuity upon or after attainment of age 55. A member who has at least 10 but less than 20 years of creditable service is entitled to a retirement annuity upon or after attainment of age 60. A member who has at least 5 but less than 10 years of creditable service is entitled to a retirement annuity upon or after attainment of age 62. A member who (i) has earned during the period immediately preceding the last day of service at least one year of contributing creditable service as an employee of a department as defined in Section 14-103.04, (ii) has earned at least 5 years of contributing creditable service as an employee of a department as defined in Section 14-103.04, and (iii) retires on or after January 1, 2001 is entitled to a retirement annuity upon or after attainment of an age which, when added to the number of years of his or her total creditable service, equals at least 85. Portions of years shall be counted as decimal equivalents. A member who is eligible to receive a retirement annuity of at least 74.6% of final average salary and will attain age 55 on or before December 31 during the year which commences on July 1 shall be deemed to attain age 55 on the preceding June 1. A member meeting the above eligibility conditions is entitled to a retirement annuity upon written application to the board setting forth the date the member wishes the retirement annuity to commence. However, the effective date of the retirement annuity shall be no earlier than the day following the last day of creditable service, regardless of the date of official termination of employment. To be eligible for a retirement annuity, a member shall not be employed as a teacher in the schools included under this System or under Article 17, unless the member is disabled (in which event, eligibility for salary must cease), or unless the System is required by federal law to commence payment due to the member's age; the changes to this sentence made by this amendatory Act of 1991 shall apply without regard to whether the member terminated employment before or after its effective date. (Source: P.A. 90-582, eff. 5-27-98.) (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133) Sec. 16-133. Retirement annuity; amount. (a) The amount of the retirement annuity shall be the larger of the amounts determined under paragraphs (A) and (B) below: (A) An amount consisting of the sum of the following: (1) An amount that can be provided on an actuarially equivalent basis by the member's accumulated contributions at the time of retirement; and (2) The sum of (i) the amount that can be provided on an actuarially equivalent basis by the member's accumulated 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
31 [November 15, 2000] 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, or (iii) if the member (1) has earned during the period immediately preceding the last day of service at least one year of contributing creditable service as an employee of a department as defined in Section 14-103.04, (2) has earned at least 5 years of contributing creditable service as an employee of a department as defined in Section 14-103.04, (3) retires on or after January 1, 2001, and (4) retires having attained an age which, when added to the number of years of his or her total creditable service, equals at least 85. Portions of years shall be counted as decimal equivalents. (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 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; 91-887, eff. 7-6-00.) (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1)
[November 15, 2000] 32 Sec. 16-133.1. Automatic annual increase in annuity. (a) Each member with creditable service and retiring on or after August 26, 1969 is entitled to the automatic annual increases in annuity provided under this Section while receiving a retirement annuity or disability retirement annuity from the system. An annuitant shall first be entitled to an initial increase under this Section on the January 1 next following the first anniversary of retirement, or January 1 of the year next following attainment of age 61, whichever is later. At such time, the system shall pay an initial increase determined as follows: (1) 1.5% of the originally granted retirement annuity or disability retirement annuity multiplied by the number of years elapsed, if any, from
33 [November 15, 2000] retirement annuity equal to 8¢ per year of creditable service times the number of years that have elapsed since the annuity began. (Source: P.A. 86-273; 86-1488.) 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. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Winkel moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 861, by adoption of the following amendment: RETRIEVE AMENDMENT HERE! And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. RESOLUTIONS HOUSE RESOLUTIONS 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 840, 841, 844, 845, 846, 847, 848, 851, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 868, 869, 871, 872, 873, 874, 875, 876, 877, 878, 880, 881, 882, 884 and 885 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. At the hour of 2:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, November 16, 2000, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[November 15, 2000] 34 NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 15, 2000 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO E FLOWERS P LINDNER P REITZ P BASSI P FOWLER P LOPEZ P RIGHTER P BEAUBIEN P FRANKS E LYONS,EILEEN P RUTHERFORD P BELLOCK P FRITCHEY P LYONS,JOSEPH P RYDER P BERNS P GARRETT P MATHIAS P SAVIANO P BIGGINS P GASH P MAUTINO P SCHMITZ P BLACK P GIGLIO P McAULIFFE P SCHOENBERG P BOLAND P GILES P McCARTHY P SCOTT P BOST P GRANBERG P McGUIRE P SCULLY P BRADLEY P HAMOS P McKEON P SHARP P BRADY P HANNIG P MEYER P SILVA P BROSNAHAN P HARRIS P MITCHELL,BILL P SKINNER P BRUNSVOLD P HARTKE P MITCHELL,JERRY P SLONE P BUGIELSKI P HASSERT P MOFFITT P SMITH P BURKE P HOEFT P MOORE P SOMMER P CAPPARELLI P HOFFMAN E MORROW P STEPHENS P COULSON P HOLBROOK P MULLIGAN P STROGER P COWLISHAW P HOWARD P MURPHY P TENHOUSE P CROSS P HULTGREN P MYERS P TURNER,ART P CROTTY P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRIE P JONES,JOHN P O'BRIEN P WAIT P CURRY P JONES,LOU P O'CONNOR P WINKEL P DANIELS P JONES,SHIRLEY P OSMOND P WINTERS P DART P KENNER P OSTERMAN P WIRSING P DAVIS,MONIQUE P KLINGLER P PANKAU P WOJCIK P DAVIS,STEVE P KOSEL P PARKE P WOOLARD P DELGADO P KRAUSE P PERSICO P YOUNGE P DURKIN P LANG P POE P ZICKUS P ERWIN P LAWFER P PUGH P MR. SPEAKER P FEIGENHOLTZ P LEITCH E - Denotes Excused Absence
35 [November 15, 2000] NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 861 CRIMCD-RETAIL THEFT-DEFNS-TECH ACCEPT AMENDATORY VETO PREVAILED NOV 15, 2000 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO E FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON Y SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN E MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL Y PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence