3292 JOURNAL OF THE [May 4, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
44TH LEGISLATIVE DAY
TUESDAY, MAY 4, 1999
1:00 O'CLOCK P.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Reverend Edward Hoke of the First United Methodist
Church in Vienna, Illinois.
Representative Hartke led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
116 present. (ROLL CALL 1)
By unanimous consent, Representatives Ryder and Art Turner were
excused from attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Hartke replaced Representative Brosnahan in the
Committee on Mental Health & Patient Abuse on April 27, 1999.
Representative McGuire replaced Representative Giglio in the
Committee on Transportation & Motor Vehicles on April 27, 1999.
Representative Brunsvold replaced Representative Art Turner in
the Committee on Rules on April 27, 1999.
Representative Bradley replaced Representative Giglio in the
Committee on Elections & Campaign Reform on April 27, 1999.
Representative Kosel replaced Representative Mulligan in the
Committee on Elementary & Secondary Education on April 28, 1999.
Representative Mulligan replaced Representative Kosel in the
Committee on Human Services on April 28, 1999.
Representative Mautino replaced Representative Fritchey in the
Committee on Executive on April 28, 1999.
Representative Scully replaced Representative Acevedo in the
Committee on Local Government on April 28, 1999.
Representative Joseph Lyons replaced Representative Crotty in the
Committee on Registration & Regulation on April 28, 1999.
Representative Lopez replaced Representative Acevedo in the
HOUSE OF REPRESENTATIVES 3293
Committee on Local Government on April 29, 1999.
Representative Garrett replaced Representative Shirley Jones in
the Committee on Appropriations - Higher Education on April 29, 1999.
Representative Bost replaced Representative Poe in the Committee
on Personnel & Pensions on April 29, 1999.
Representative Righter replaced Representative John Turner in the
Committee on Judiciary II - Criminal Law on April 29, 1999.
Representative Joseph Lyons replaced Representative Acevedo, and
Representative Ryder replaced Representative Beaubien in the
Committee on Executive on April 29, 1999.
REPORTS
The Clerk of the House acknowledges receipt of the following
correspondence:
Report on Human Services Plan for Fiscal Years 1999-2000
submitted by the Illinois Department of Human Services.
Report on Human Services Plan for Fiscal Years 1998-1999-2000
submitted by the Illinois Department of Public Aid.
Report on FY 2000 Legislative Capital Plan Analysis submitted by
the Illinois Economic and Fiscal Commission.
Annual Report/Medical Assistance Program for Fiscal Years 1996,
1997, and 1998 submitted by The Illinois Department of Public Aid.
Report of Modification to the Local Job Training Plan, SDA#11,
for FY '99 submitted by Kankakee Community College on behalf of the
Private Industry Council.
Report on the Used Tire Program Activities submitted by The
Illinois Environmental Protection Agency.
Annual Report on Employment and Training for FY 1998 submitted by
The Illinois Department of Human Services.
FY 2000 Legislative Capital Plan Analysis submitted by The
Illinois Economic and Fiscal Commision.
Annual Report for the Period January 1, 1998 through December 31,
1998 submitted by The Illinois Farm Development Authority.
Biennial Report for 1997 - 1998 submitted by The Legislative
Information System.
1999 report on the Financial Condition of the State Retirement
Systems submitted by The Pension Laws Commission.
Financial and Compliance Audit for the two years ended December
31, 1997 submitted by the Illinois Community College System
Foundation.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Property Tax Appeal Board.
Financial and Compliance Audit for the two years ended June 30,
1998 submitted by The Community College Board.
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Report on Compliance Audit and Single Audit for the year ended
December 31, 1997 submitted by The Metroplitan Water Reclamation
District of Greater Chicago.
Financial and Compliance Audit for the two years ended June 30,
1997 submitted by The Illinois Student Assistance Commission.
Report on Financial Statements for the year ended June 30, 1997
submitted by The Illinois Student Assistance Commision.
Financial and Compliance Audit for the two years ended June 30,
1997 submitted by The Illinois Department of Human Rights.
Financial Audit for the year ended June 30, 1998 and Compliance
Audit for the two years ended June 30, 1998 submitted by The Capital
Development Board.
Fiancial Statements and Schedules for June 30, 1997 and 1996
submitted by The Illinois Student Assistance Commission Illinois
Designated Account Purchase Program.
Complaince Audit Report for the year ended December 31, 1997
submitted by The Illinois State Toll Highway Authority, submitted by
the Department of Corrections.
Trust Identure Basis Financial Statements submitted by The
Illinois State Toll Highway Authority.
Financial Statements for Decemeber 31, 1997 and 1996 submitted by
The Ilinois State Toll Highway Authority.
Status Report of pending projects for the construction,
renovation or rehabilitation of school buildings submitted by The
Public Building Commission of Chicago.
Compliance Audit submitted by The Illinois Housing Development
Authority.
Financial Audit for the year ended June 30, 1998 submitted by The
Illinois Housing Development Authority.
Compliance Audit for the year ended June 30, 1998 submitted by
The Illinois Farm Development Authority.
Financial Audit for the year ended June 30, 1998 submitted by The
Illinois Farm Development Authority.
Financial and Compliance Audit for the year ended June 30, 1998
submitted by The Illinois Health Facilities Authority.
Financial and Compliance Audit for the year ended June 30, 1998
submitted by The Illinois Development Finance Authority.
Complaince Audit for the year ended June 30, 1998 submitted by
The Illinois Rural Bond Bank.
Financial Audit for the year ended June 30, 1998 submitted by The
Illinois Rural Bond Bank.
Ilinois Documents List #12 December 1998 submitted by The
Illinois State Library.
HOUSE OF REPRESENTATIVES 3295
Ilinois Documents List #1 January 1999 submitted by The Illinois
State Library.
Illinois Documents List #2 February 1999 submitted by The
Illinois State Library.
Report on Expenditures for the Title XX Social Services Block
Grant for Fiscal Year 1998 submitted by The Illinois Department of
Human Services.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Joint Committee on Adminstrative Rules.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Legislative Information System.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Veterans' Affairs Illinois Veterans' Home at
LaSalle.
Compliance Audit for the two years ending June 30, 1998 submitted
by The Illinois State Police Merit Board.
Financial and Compliance Audit for the two years ended June 30,
1998 submitted by The Department of Veterans' Affairs Illinois
Veterans' Home at Quincy.
Financial and Compliance Audit for the two years ended June 30,
1998 submitted by The Department of State Police.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Veterans' Affairs Manteno Veterans' Home.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Veterans' Affairs Illinois Veterans' Home at
Anna.
Financial Audit for the year ended June 30, 1998 and Compliance
Audit for the two years ended June 30, 1998.
Financial and Compliance Audit for the two years ended June 30,
1998 submitted by The Department of Veterans' Affairs - Central
Office.
Mandate Waiver Report submitted by The State Board of Education.
Recommendations in Reference to the Report on Waiver of School
Code Mandates submitted by The State Board of Educaiton.
Report on Wavier of School Code Mandates submitted by The State
Board of Educaiton.
Supplemental Digest submitted by The Department of Corrections.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Stateville Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Illinois Youth Center-Murphysboro.
Compliance Audit for the two years ended June 30, 1998 submitted
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by The Department of Corrections Menard Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Pontiace Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Taylorville Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Illinois Youth Center-Joliet.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Lincoln Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Big Muddy River Correctional Center.
Compliance Audit for the two years ended June 30, 1998 Robinson
Correctional Center.
Report on Special State Compliance Testing for the two years
ended June 30, 1998 submitted by The Department of Corrections
Shawnee Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Vienna Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Sheridan Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Logan Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections John A. Graham Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Correction Western Illinois Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Illinois Youth Center-Pere
Marquette.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Illinois Youth Center-St. Charles.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Illinois Youth Center-Valley View.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Henry C. Hill Correctional Center.
Compliance Audit for the two years ended June 30, 1998 and
Financial Audit for the year ended June 30, 1998 submitted by The
Department of Corrections-Correctional Industries.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections East Moline Correctional Center.
HOUSE OF REPRESENTATIVES 3297
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Danville Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Dixon Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Vandalia Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Illinois River Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Centralia Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Dwight Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Joliet Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Jacksonville Correctional Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Illinois Youth Center-Warrensville.
Compliance Audit for the two years ended June 30, 1998 submitted
by the Department of Corrections Southwestern Illinois Correctional
Center.
Compliance Audit for the two years ended June 30, 1998 submitted
by The Department of Corrections Tamms Correctional Center.
RE-REFERRED TO THE COMMITTEE ON RULES
The following bills were re-referred to the Committee on Rules
pursuant to Rule 19(a): SENATE BILLS 6, 10, 25, 29, 45, 46, 68, 70,
75, 76, 77, 78, 113, 121, 174, 214, 218, 252, 259, 290, 294, 306,
320, 357, 373, 394, 417, 474, 548, 563, 650, 724, 730, 747, 764, 777,
802, 824, 879, 880, 893, 938, 968, 993, 997, 1012, 1013, 1031, 1036,
1073, 1132, 1144, 1151 and 1153.
LETTER OF TRANSMITTAL
GENERAL ASSEMBLY
STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES
Tony Rossi
Clerk of the House of Representatives
May 4, 1999
Dear Clerk Rossi,
I have a potential conflict of interest with subject material in
Senate Bill 447. I am therefore voting present. I request that the
record reflect my present vote due to my potential conflict of
3298 JOURNAL OF THE [May 4, 1999]
interest.
Sincerely,
s/Jack D. Franks
MOTIONS
SUBMITTED
Representative Woolard submitted the following written motion,
which was placed on the order of Motions:
MOTION
Pursuant to Rule 25, I move to suspend the posting requirements
in relation to SENATE BILL 556 assigned to the Committee on
Elementary & Secondary Education.
REQUEST FOR FISCAL NOTE
Representative Brunsvold requested that a Fiscal Note be supplied
for SENATE BILL 1032, as amended.
Representative Poe requested that a Fiscal Note be supplied for
SENATE BILL 288, as amended.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for SENATE BILLS 150, 235, 286,
323, 452, as amended, 496, 756, as amended, 1017, 1026 and 1227.
STATE MANDATE ACT NOTE SUPPLIED
A State Mandate Act Note has been supplied for SENATE BILL 235.
STATE MANDATES NOTE WITHDRAWN
Representative Poe withdrew his request for a State Mandates Note
on SENATE BILL 1227.
HOME RULE IMPACT NOTE SUPPLIED
A Home Rule Impact Note has been supplied for SENATE BILL 235.
HOME RULE NOTE WITHDRAWN
Representative Poe withdrew his request for a Home Rule Note on
SENATE BILL 1227.
CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED
Correctional Budget And Impact Notes have been supplied for
SENATE BILLS 656, as amended, 756, as amended and 941.
PENSION IMPACT NOTES SUPPLIED
HOUSE OF REPRESENTATIVES 3299
Pension Impact Notes have been supplied for HOUSE BILLS 1373,
1449 and 2365.
BALANCED BUDGET NOTE WITHDRAWN
Representative Poe withdrew his request for a Balanced Budget
Note on SENATE BILL 1227.
JUDICIAL NOTE WITHDRAWN
Representative Poe withdrew his request for a Judicial Note on
SENATE BILL 1227.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House in
adoption of the following joint resolution, to-wit:
HOUSE JOINT RESOLUTION NO. 18
Concurred in the Senate, May 4, 1999.
Jim Harry, Secretary of the Senate
CHANGE OF SPONSORSHIP
Representative Flowers asked and obtained unanimous consent to be
removed as chief sponsor and Representative Schoenberg asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 579.
AGREED RESOLUTION
The following resolutions were offered and placed on the Calendar
on the order of Agreed Resolutions.
HOUSE RESOLUTION 237
Offered by Representative Garrett:
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate the Village of Lake Bluff Police Department on
their full accreditation by the Commission on Accreditation for Law
Enforcement Agencies on the 20th of March, 1999; and
WHEREAS, Chief Fredrick Day, Lt. Carl Schons, Sgt. David
Belmonte, Sgt. Debby Hartwig, Sgt. Murray Michelsen, officers Sam
Canzoneri, Eric Carstensen, Keith Landy, James Lee, Donald Paulsen,
Joshua Pingel, Gerard Riforgiato, David Thomas, David Wilson, and
dispatchers Kristin Anderson and Holly Howe are to be congratulated
for their efforts toward the accreditation of the Lake Bluff Police
Department as the smallest agency in Illinois, and the eighth
smallest internationally; and
WHEREAS, Through this achievement, the Lake Bluff Police
Department can now continue their efforts to keep their community
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safe and crime free; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Lake Bluff Police Department for demonstrating commitment to
professional law enforcement in policy and practice; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
the Lake Bluff Police Department.
HOUSE RESOLUTION 238
Offered by Representative McAuliffe:
WHEREAS, The State of Illinois ranks fourth of fifty states with
citizens serving on active duty in the United States Armed Forces;
and
WHEREAS, United States soldiers, sailors, airmen, and Marines
have been actively participating in "Operation Allied Force"; and
WHEREAS, For a third time this century, the brave sons and
daughters of Illinois are standing ready against aggression and
cruelty on the European continent; and
WHEREAS, The great President Abraham Lincoln stated after the
Civil War, "that we shall care for those that have borne the brunt of
battle"; and
WHEREAS, The Illinois General Assembly, representing the people
of Illinois, will keep in their thoughts and prayers, Army Spec.
Steven Gonzales, Staff Sgt. Andrew Ramires, and Staff Sgt.
Christopher Stone, currently being held as prisoners of war; and
WHEREAS, The citizens of Illinois can observe with pride, the
courage and elan of our servicemen serving on land, in the air, and
on the sea; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor the courage
and bravery of our Illinois men and women serving overseas.
HOUSE RESOLUTION 240
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives
wish to honor beloved lifelong member of the Lilydale Community and
faithful community servant Dolores Jackson Morris; and
WHEREAS, Dolores Jackson Morris graduated from Chicago public
schools, real estate school, and later graduated from Chicago State
University, earning her BA degree; and
WHEREAS, Dolores Jackson Morris freely used her valuable time and
her talent for the betterment of Lilydale; and
WHEREAS, Dolores Jackson Morris was an astute businesswoman,
operating various business enterprises around the old Lilydale
Community in tandem with civic and church services; and
WHEREAS, Dolores Jackson Morris served as President of the Old
Timers of Lilydale Community Organization, Inc. and founded the Old
Timers of Lilydale Neighborhood Festival in Abbott Park; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we pay our honor in
remembrance of Mrs. Dolores Jackson Morris and our respect to the
entire Jackson and Morris family, including the sisters of Dolores
Jackson Morris, Aurelia Jackson Simpson, Beverly Jackson Johnson, and
Esther Jackson Melvin; and be it further
RESOLVED, That we honor the commitment and dedication Mrs.
Dolores Jackson Morris displayed in working for the betterment of the
old Lilydale Community; and be it further
HOUSE OF REPRESENTATIVES 3301
RESOLVED, That suitable copies of this resolution be presented to
the family of Dolores Jackson Morris, the Curator of African-American
History and Literature at the Carter G. Woodson Regional Library, to
be added to Mrs. Morris' "Lilydale Papers," and placed in the records
of the Old Timers of Lilydale Community Organization, Inc.
HOUSE RESOLUTION 241
Offered by Representative Flowers:
WHEREAS, The Lord is good, and a stronghold in the day of
trouble, and He knoweth them that trust in Him; and
WHEREAS, Madelyn Howard, born on October 16, 1952, passed away on
March 26, 1999; she is survived by her husband, Gregory Howard, and
her daughters, LaTrina Hunter and ShaVonna Triplett; and
WHEREAS, We, her devoted friends, extend to the family of Madelyn
our heartfelt sympathy and commend you to the Divine Comforter who is
able to sustain, encourage, and strengthen all who call upon Him; and
WHEREAS, Madelyn has moved on up a little higher; it is the will
of God, and yet there is a bond that has been broken, which leaves
your heart in pain; you must find comfort in the words of Jesus, who
said: "Cast your burdens on Him, for he cares for you."; and that you
will weep not as those who have no hope, for if we believe that Jesus
died and rose, even them that sleep in Jesus will God bring with us
again; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that God knows that there
will be sorrow so he gives us tears to cry, he knows there will be
trails so He takes us through in order to bring us out; But He is our
Heavenly Father, and He will take us by the hand and lead us through
the sorrows that we cannot understand; and be it further
RESOLVED, That:
God has all the time you need.
He feels the pain you feel,
and above all He knows a heart takes time to heal;
and be it further
RESOLVED, To Greg, LaTrina, ShaVonna, and family members, be
encouraged even through your darker days, God has promised a brighter
day ahead; keep on fighting, keep on praying, keep trusting, and keep
believing; and be it further
RESOLVED, May the Lord continue to watch over you is our prayer,
and make God your hope as you look to the hills for strength and
courage; and be it further
RESOLVED, That this be submitted this 31st day of March, 1999 by:
State Representative Mary Flowers, Brenda Douglas, Loretha Holmes,
Brenda Price, and Classmates of 1970.
HOUSE RESOLUTION 242
Offered by Representative Flowers:
WHEREAS, Simeon Career Academy will celebrate 35 years of
academic excellence on Friday, April 16, 1999, at the Condesa del
Mar, 12220 South Cicero, from 7:00 p.m. until 12:00 a.m.; and
WHEREAS, In December of 1963, Wescott Vocational High School
moved from 8023 South Normal to a new location at 8235 So. Vincennes
Avenue, a former Kroger Factory; and
WHEREAS, In September of 1964, the name of the school was changed
to Neal F. Simeon Vocational High, and in September of 1998 became
Simeon Career Technical Academy; and
WHEREAS, Because Simeon has no boundaries, Simeon students live
all over the city; and
WHEREAS, When it comes to famous alumni, Simeon cannot be topped;
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Assistant Principal Rodney Hull; from NBA basketball star Nick
Anderson to NFL football star Johnny Mitchell; in the business field,
Shirley A. Hiner, first Black female manager investigator for
Aneritech; and excelling in the political arena it has State
Representative Mary Flowers from the 21st District and many, many
more; and
WHEREAS, Simeon's athletic program has won many sectional, city,
and State championships for both boys and girls; and
WHEREAS, Known as a sports powerhouse, Simeon is now developing a
reputation for academic excellence; and
WHEREAS, Students are talented and skilled in vocational
programs, and their work is on exhibit across the city; students
graduating from the technical programs are working for large
corporations who continue to pay for their advanced education; and
WHEREAS, Under the leadership of Principal John E. Everett the
number of students receiving scholarships and attending institutions
of higher education has increased; in the 1995 graduating class, the
top five students were Black males and received national recognition
for their accomplishments; and
WHEREAS, Simeon is especially proud of an 88% attendance record
every day; and
WHEREAS, After many years of need, the school has been awarded a
new multi-million dollar state-of-the-art facility which will be
constructed on the current school site and is expected to be in
session by 2001; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Simeon Career Academy on 35 years of academic excellence and wish
them continued success in the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Principal John E. Everett.
HOUSE RESOLUTION 245
Offered by Representative Scully:
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate Rich Township on its participation in
development of the Rich Township Unity Coalition and the first annual
Rich Township Unity Day Celebration; and
WHEREAS, One of the centerpieces of the September 26, 1999, Rich
Township Unity Day Celebration will be the Ring Around Rich ceremony
as residents of all Rich Township municipalities join in a hand
holding ceremony at a designated time to form a human Unity Ring
Around Rich Township; and
WHEREAS, The mission of the Rich Township Unity Coalition is to
create forms of communication and action to celebrate the cultural
diversity and racial richness of Rich Township and to positively
influence local, metropolitan, and national perceptions of our
communities; and
WHEREAS, Rich Township Unity Day and the Ring Around Rich
ceremony are positive regional efforts that demonstrate the
township's diversity, its quality of life, and the strength of its
communities; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Rich
Township on Rich Township Unity Day to be held September 26, 1999;
may they become an example to other people and communities through
their Ring Around Rich ceremony; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Rich Township Board.
HOUSE OF REPRESENTATIVES 3303
HOUSE RESOLUTION 246
Offered by Representative Giglio:
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate Ruth Peckenpaugh on her upcoming retirement as
House Manager of the Ronald McDonald House near the University of
Chicago Children's Hospital; and
WHEREAS, Thirteen years ago Ruth Peckenpaugh began her new career
with the Ronald McDonald House; in September of 1986 she and her
daughter, Janis, moved into their new home and began helping the
families of children in the hospital; and
WHEREAS, The Ronald McDonald House mission is to offer free
housing and support to the parents and families of children who may
be receiving treatment for a serious condition; and
WHEREAS, Ruth Peckenpaugh is regularly visited by people needing
a place like the Ronald McDonald House; about 120 people regularly
donate time to the facilities, from cooking, gardening, cleaning, and
redecorating; the House operates on $200,000 a year from funds raised
for its support; and
WHEREAS, Ruth Peckenpaugh has a Bachelor's degree from Wheaton
College and has experience as a registered nurse; together with Janis
she has put in many hours of hard work for others; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Ruth
Peckenpaugh on a job well done; our hope is the best for her
retirement; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Ruth Peckenpaugh, along with our sincere regards.
HOUSE RESOLUTION 247
Offered by Representative Silva:
WHEREAS, The members of the Illinois House of Representatives are
pleased to honor milestones within the State of Illinois; and
WHEREAS, On April 16, 1998, Heriberto M. Galindo was appointed
Consul General of Mexico in Chicago; and
WHEREAS, Consul Galindo has been working very hard in his new
position; he has modernized the Consul General office, making it more
efficient in the daily services it provides; the office serves over
700 people each day, from those inquiring about business
opportunities in Mexico to those asking about visa information; if
there is a question about cultural exchanges, legal information, or
anything to do with Mexico, the office can now help out even better
then before thanks to the efforts of Consul Galindo; and
WHEREAS, Consul Galindo has initiated programs that protect the
civil rights of Mexican citizens who reside in the United States; in
addition, he has implemented programs for those same citizens to help
their loved ones back in Mexico; and
WHEREAS, Consul Galindo has been instrumental for creating
dialogue between the various Mexican political parties that are
present in Illinois; he has also supported the opportunity for a
Mexican citizen living in the United States to participate in the
democratic process in Mexico; and
WHEREAS, Through the Mexican Institute of Culture and Education
in Chicago, Consul Galindo has helped others to see the richness and
culture of Mexico brought to the United States; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Heriberto M. Galindo on being appointed Consul General of Mexico in
Chicago; and we also congratulate Consul Galindo on his good work to
make the office run more efficiently for the people who utilize it on
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a daily basis; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Consul Galindo, along with our sincere regards.
HOUSE RESOLUTION 248
Offered by Representative Flowers:
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate the Reverend Jesse Jackson and their former
colleague U.S. Representative Rod Blagojevich on winning the freedom
of three American soldiers being held by Yugoslavian forces in
Belgrade; and
WHEREAS, Reverend Jackson and Representative Blagojevich met with
Yugoslav leader Slobodan Milosevic to secure the release of Sgt.
Christopher Stone, Spec. Steven Gonzales, and Sgt. Andrew Ramirez;
and
WHEREAS, The three American servicemen had been held in captivity
since March 31, when they were captured near the Macedonian border
with Kosovo; on May 2 they were reunited with their families at
Ramstein Air Force Base in Germany; and
WHEREAS, The Reverend Jesse Jackson has been actively involved in
ministry work, civil rights, and human rights, and has, in the past,
worked to secure the release of other imprisoned Americans; and
WHEREAS, United States Representative Rod Blagojevich is from the
Fifth District in Chicago, and is a former member of the Illinois
House of Representatives; he grew up speaking Serbo-Croatian with his
father, who had emigrated from Yugoslavia after World War II; and
WHEREAS, Together these two men bravely entered into a hostile
situation for the sake of many; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Reverend Jesse Jackson and Representative Rod Blagojevich on a job
well done; for their hard work and devotion to others, we again say
thank you; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Reverend Jesse Jackson and Representative Rod Blagojevich.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Brosnahan, SENATE BILL 178 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Cross, SENATE BILL 1172 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
HOUSE OF REPRESENTATIVES 3305
Ordered that the Clerk inform the Senate.
On motion of Representative Mautino, SENATE BILL 447 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
112, Yeas; 0, Nays; 3, Answering Present.
(ROLL CALL 4)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Hassert, SENATE BILL 167 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 5)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Mathias, SENATE BILL 145 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 1, Answering Present.
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Schmitz, SENATE BILL 759 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
95, Yeas; 12, Nays; 7, Answering Present.
(ROLL CALL 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative John Turner, SENATE BILL 39 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
RECALLS
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1089 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1090 was recalled from the order of Third Reading to the order
3306 JOURNAL OF THE [May 4, 1999]
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1091 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1092 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1093 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1094 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Madigan, SENATE
BILL 1095 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1096 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1097 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1098 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1099 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1100 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1101 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
By unanimous consent, on motion of Representative Daniels, SENATE
BILL 1102 was recalled from the order of Third Reading to the order
of Second Reading and held on that order.
SENATE BILLS ON SECOND READING
Having been printed, the following bills were taken up, read by
title a second time and advanced to the order of Third Reading:
SENATE BILLS 1, 7, 32, 34, 35, 38, 43, 51, 52, 79, 85, 111, 115, 132,
144, 180, 202, 211, 233, 248, 254, 284, 323, 336, 354, 374, 380, 384,
385, 387, 393, 412, 434, 448, 451, 466, 469, 485, 504, 536, 546, 547,
561, 562, 576, 659, 665, 721, 728, 729, 740, 745,782,783,784, 786,
826, 847, 861, 867, 892, 906, 933, 935, 956, 995, 1026, 1029, 1033,
1042, 1044, 1062, 1063, 1066, 1070, 1085, 1105, 1106, 1111, 1114,
HOUSE OF REPRESENTATIVES 3307
1136, 1146, 1155, 1184 and 1192.
SENATE BILL 1168. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1168
AMENDMENT NO. 1. Amend Senate Bill 1168 by replacing the title
with the following:
"AN ACT to amend the School Code by adding Sections 2-3.126,
10-20.31, and 34-18.18 and changing Section 14-8.05."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by adding Sections
2-3.126, 10-20.31, and 34-18.18 and changing Section 14-8.05 as
follows:
(105 ILCS 5/2-3.126 new)
Sec. 2-3.126. Time out and physical restraint rules. The State
Board of Education shall promulgate rules governing the use of time
out and physical restraint in the public schools. The rules shall
include provisions governing recordkeeping that is required when
physical restraint or more restrictive forms of time out are used.
(105 ILCS 5/10-20.31 new)
Sec. 10-20.31. Time out and physical restraint. Until rules are
adopted under Section 2-3.126 of this Code, the use of any of the
following rooms or enclosures for time out purposes is prohibited:
(1) a locked room other than one with a locking mechanism
that engages only when a key or handle is being held by a person;
(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out procedure that
is contrary to current guidelines of the State Board of
Education.
The use of physical restraints is prohibited except when (i) the
student poses a physical risk to himself, herself, or others, (ii)
there is no medical contraindication to its use, and (iii) the staff
applying the restraint have been trained in its safe application.
For the purposes of this Section, "restraint" does not include
momentary periods of physical restriction by direct person-to-person
contact, without the aid of material or mechanical devices,
accomplished with limited force and that are designed (i) to prevent
a student from completing an act that would result in potential
physical harm to himself, herself, or another or damage to property
or (ii) to remove a disruptive student who is unwilling to
voluntarily leave the area. The use of physical restraints that meet
the requirements of this Section may be included in a student's
individualized education plan where deemed appropriate by the
student's individualized education plan team. Whenever physical
restraints are used, school personnel shall fully document the
incident, including the events leading up to the incident, the type
of restraint used, the length of time the student is restrained, and
the staff involved. The parents or guardian of a student shall be
informed whenever physical restraints are used.
(105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
Sec. 14-8.05. Behavioral intervention.
(a) The General Assembly finds and declares that principals and
teachers of students with disabilities require training and guidance
that provide ways for working successfully with children who have
3308 JOURNAL OF THE [May 4, 1999]
difficulties conforming to acceptable behavioral patterns in order to
provide an environment in which learning can occur. It is the intent
of the General Assembly:
(1) That when behavioral interventions are used, they be
used in consideration of the pupil's physical freedom and social
interaction, and be administered in a manner that respects human
dignity and personal privacy and that ensures a pupil's right to
placement in the least restrictive educational environment.
(2) That behavioral management plans be developed and used,
to the extent possible, in a consistent manner when a local
educational agency has placed the pupil in a day or residential
setting for education purposes.
(3) That a statewide study be conducted of the use of
behavioral interventions with students with disabilities
receiving special education and related services.
(4) That training programs be developed and implemented in
institutions of higher education that train teachers, and that
in-service training programs be made available as necessary in
school districts, in educational service centers, and by regional
superintendents of schools to assure that adequately trained
staff are available to work effectively with the behavioral
intervention needs of students with disabilities.
(b) On or before September 30, 1993, the State Superintendent of
Education shall conduct a statewide study of the use of behavioral
interventions with students with disabilities receiving special
education and related services. The study shall include, but not
necessarily be limited to identification of the frequency in the use
of behavioral interventions; the number of districts with policies in
place for working with children exhibiting continuous serious
behavioral problems; how policies, rules, or regulations within
districts differ between emergency and routine behavioral
interventions commonly practiced; the nature and extent of costs for
training provided to personnel for implementing a program of
nonaversive behavioral interventions; and the nature and extent of
costs for training provided to parents of students with disabilities
who would be receiving behavioral interventions. The scope of the
study shall be developed by the State Board of Education, in
consultation with individuals and groups representing parents,
teachers, administrators, and advocates. On or before June 30, 1994,
the State Board of Education shall issue guidelines based on the
study's findings. The guidelines shall address, but not be limited
to, the following: (i) appropriate behavioral interventions, and
(ii) how to properly document the need for and use of behavioral
interventions in the process of developing individualized education
plans for students with disabilities. The guidelines shall be used
as a reference to assist school boards in developing local policies
and procedures in accordance with this Section. The State Board of
Education, with the advice of parents of students with disabilities
and other parents, teachers, administrators, advocates for persons
with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for
persons with disabilities, shall review its behavioral intervention
guidelines at least once every 3 years to determine their continuing
appropriateness and effectiveness and shall make such modifications
in the guidelines as it deems necessary.
(c) Each school board must establish and maintain a committee to
develop policies and procedures on the use of behavioral
interventions for students with disabilities who require behavioral
intervention. The policies and procedures shall be adopted and
implemented by school boards by January 1, 1996, shall be amended as
necessary to comply with the rules established by the State Board of
HOUSE OF REPRESENTATIVES 3309
Education under Section 2-3.126 of this Code not later than one month
after commencement of the school year after the State Board of
Education's rules are adopted, and shall: (i) be developed with the
advice of parents with students with disabilities and other parents,
teachers, administrators, advocates for persons with disabilities,
and individuals with knowledge or expertise in the development and
implementation of behavioral interventions for persons with
disabilities; (ii) emphasize positive interventions that are designed
to develop and strengthen desirable behaviors; (iii) incorporate
procedures and methods consistent with generally accepted practice in
the field of behavioral intervention; (iv) include criteria for
determining when a student with disabilities may require a behavioral
intervention plan; (v) reflect that the guidelines of the State Board
of Education have been reviewed and considered and provide the
address of the State Board of Education so that copies of the State
Board of Education behavioral guidelines may be requested; and (vi)
include procedures for monitoring the use of restrictive behavioral
interventions. Each school board shall (i) furnish a copy of its
local policies and procedures to parents and guardians of all
students with individualized education plans within 15 days after the
policies and procedures have been adopted by the school board, or
within 15 days after the school board has amended its policies and
procedures, or at the time an individualized education plan is first
implemented for the student, and (ii) require that each school inform
its students of the existence of the policies and procedures
annually. Provided, at the annual individualized education plan
review, the school board shall (1) explain the local policies and
procedures, (2) furnish a copy of the local policies to parents and
guardians, and (3) make available, upon request of any parents and
guardians, a copy of local procedures.
(d) The State Superintendent of Education shall consult with
representatives of institutions of higher education and the State
Teacher Certification Board in regard to the current training
requirements for teachers to ensure that sufficient training is
available in appropriate behavioral interventions consistent with
professionally accepted practices and standards for people entering
the field of education.
(Source: P.A. 89-191, eff. 7-21-95; 90-63, eff. 7-3-97.)
(105 ILCS 5/34-18.18 new)
Sec. 34-18.18. Time out and physical restraint. Until rules are
adopted under Section 2-3.126 of this Code, the use of any of the
following rooms or enclosures for time out purposes is prohibited:
(1) a locked room other than one with a locking mechanism
that engages only when a key or handle is being held by a person;
(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out procedure that
is contrary to current guidelines of the State Board of
Education.
The use of physical restraints is prohibited except when (i) the
student poses a physical risk to himself, herself, or others, (ii)
there is no medical contraindication to its use, and (iii) the staff
applying the restraint have been trained in its safe application.
For the purposes of this Section, "restraint" does not include
momentary periods of physical restriction by direct person-to-person
contact, without the aid of material or mechanical devices,
accomplished with limited force and that are designed (i) to prevent
a student from completing an act that would result in potential
physical harm to himself, herself, or another or damage to property
or (ii) to remove a disruptive student who is unwilling to
3310 JOURNAL OF THE [May 4, 1999]
voluntarily leave the area. The use of physical restraints that meet
the requirements of this Section may be included in a student's
individualized education plan where deemed appropriate by the
student's individualized education plan team. Whenever physical
restraints are used, school personnel shall fully document the
incident, including the events leading up to the incident, the type
of restraint used, the length of time the student is restrained, and
the staff involved. The parents or guardian of a student shall be
informed whenever physical restraints are used.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 667. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Labor &
Commerce, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 667
AMENDMENT NO. 1. Amend Senate Bill 667 on page 4, line 11 by
inserting "pursuant to this subdivision 20" after "elects".
AMENDMENT NO. 2 TO SENATE BILL 667
AMENDMENT NO. 2. Amend Senate Bill 667, AS AMENDED, in Section
5, in Sec. 3, in subdivision 20, by deleting the second and third
sentences.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 487. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Registration & Regulation, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 487
AMENDMENT NO. 1. Amend Senate Bill 487 by replacing the title
with the following:
"AN ACT to amend the Illinois Roofing Industry Licensing Act";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Roofing Industry Licensing Act is
amended by changing Sections 2, 3, 9.2, 9.4, 9.5, 9.14, 10, and 11.5
and adding Sections 3.2, 3.5, 4.5, and 5.5 as follows:
(225 ILCS 335/2) (from Ch. 111, par. 7502)
Sec. 2. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Licensure" means the act of obtaining or holding a license
issued by the Department as provided in this Act.
(b) "Department" means the Department of Professional
Regulation.
(c) "Director" means the Director of Professional Regulation.
HOUSE OF REPRESENTATIVES 3311
(d) "Person" means any individual, partnership, corporation,
business trust, limited liability company, or other legal entity.
(e) "Roofing contractor" is one whose services are unlimited in
the roofing trade and who has the experience, knowledge and skill to
construct, reconstruct, alter, maintain and repair roofs and use
materials and items used in the construction, reconstruction,
alteration, maintenance and repair of all kinds of roofing and
waterproofing, all in such manner to comply with all plans,
specifications, codes, laws, and regulations applicable thereto, but
does not include such contractor's employees to the extent the
requirements of Section 3 of this Act apply and extend to such
employees.
(f) "Board" means the Roofing Advisory Board.
(g) "Qualifying party" means the individual filing as a sole
proprietor, partner of a partnership, officer of a corporation,
trustee of a business trust, or party of another legal entity, who is
legally qualified to act for the business organization in all matters
connected with its roofing contracting business, has the authority to
supervise roofing operations, and is actively engaged in day to day
activities of the business organization.
(h) "Limited roofing license" means a license made available to
contractors whose roofing business is limited to residential roofing,
including residential properties consisting of 8 units or less.
(i) "Unlimited roofing license" means a license made available
to contractors whose roofing business is unlimited in nature and
includes roofing on residential, commercial, and industrial
properties.
(Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96; 90-55, eff.
1-1-98.)
(225 ILCS 335/3) (from Ch. 111, par. 7503)
Sec. 3. Application for license.
(1) To obtain a license, an applicant must indicate if the
license is sought for a sole proprietorship, partnership,
corporation, business trust, or other legal entity and whether the
application is for a limited or unlimited roofing license. If the
license is sought for a sole proprietorship, the license shall be
issued to the proprietor who shall also be designated as the
qualifying party. If the license is sought for a partnership,
corporation, business trust, or other legal entity, the license shall
be issued in the company name. A company must designate one
individual who will serve as a qualifying party. The qualifying
party is the individual who must take the examination required under
Section 3.5. The company shall submit an application in writing to
the Department on a form containing the information prescribed by the
Department and accompanied by the fee fixed by the Department. The
application shall include, but shall not be limited to:
(a) the name and address of the person designated as the
qualifying party responsible for the practice of professional
roofing in Illinois;
(b) the name of the proprietorship and its proprietor, the
name of the partnership and its partners, the name of the
corporation and its officers and directors, the name of the
business trust and its trustees, or the name of such other legal
entity and its members;
(c) evidence of compliance with any statutory requirements
pertaining to such legal entity, including compliance with any
laws pertaining to the use of fictitious names, if a fictitious
name is used; if the business is a sole proprietorship and doing
business under a name other than that of the individual
proprietor, the individual proprietor must list all business
names used for that proprietorship.
3312 JOURNAL OF THE [May 4, 1999]
A certificate issued by the Department before the effective date
of this amendatory Act of the 91st General Assembly shall be deemed a
license for purposes of this Act. To obtain a certificate, an
applicant shall submit an application in writing to the Department on
a form containing the information prescribed by the Department and
accompanied by the fee fixed by the Department.
(2) An applicant for a license certificate must submit
satisfactory evidence that:
(a) he or she has obtained public liability and property
damage insurance in such amounts and under such circumstances as
may be determined by the Department;
(b) he or she has obtained Workers' Compensation insurance
covering his or her employees or is approved as a self-insurer of
Workers' Compensation in accordance with Illinois law;
(c) he or she has an Illinois Unemployment Insurance
employer identification number or has proof of application to the
Illinois Department of Labor for such an identification number;
(d) he or she has submitted a 2-year bond to the Department
in the amount of $10,000 for a limited license and in the amount
of $25,000 for an unlimited license; and $5,000.
(e) a qualifying party has satisfactorily completed the
examination required under Section 3.5.
(3) It is the responsibility of the licensee to provide to the
Department notice in writing of any changes in the information
required to be provided on the application.
(4) Until July 1, 2000, a roofing contractor who has been
registered by the Department to perform services regulated by this
Act for at least 5 consecutive years before the effective date of
this amendatory Act of the 91st General Assembly is exempt from the
examination requirements under Section 3.5. After July 1, 2000, all
roofing contractors must designate a qualifying party and otherwise
achieve compliance with this Act no later than July 1, 2001 or his or
her license will automatically expire on July 1, 2001.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/3.2 new)
Sec. 3.2. Bond. Before issuing or renewing a license, the
Department shall require each applicant or licensee to file and
maintain in force a surety bond, issued by an insurance company
authorized to transact fidelity and surety business in the State of
Illinois. The bond shall be for the benefit of the consumers who
obtain a judgment from a court of competent jurisdiction based on the
failure of the roofing contractor to fulfill the terms of the
contract between the consumer and the roofing contractor. The bond
shall be continuous in form and run concurrently with the original
and each renewal license period, unless terminated by the insurance
company. An insurance company may terminate a bond and avoid further
liability by filing a 60-day notice of termination with the
Department and, at the same time, sending the notice to the roofing
contractor. A license shall be suspended on the termination date of
the roofing contractor's bond, unless a new bond is filed with the
Department to become effective at the termination date of the prior
bond. If a license has been suspended under this Section, the
license shall be reinstated upon showing proof of compliance with
this Section.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/3.5 new)
Sec. 3.5. Examination.
(a) The Department shall authorize examinations for applicants
for initial licenses at least 4 times each year at the time and place
it may designate. The examinations shall be of a character to fairly
test the competence and qualifications of applicants to act as
HOUSE OF REPRESENTATIVES 3313
roofing contractors. Applicants for limited licenses shall take an
examination, the technical portion of which shall cover residential
roofing practices. Applicants for an unlimited license shall take an
examination, the technical portion of which shall cover residential,
commercial, and industrial roofing practices.
(b) Applicants for examination shall pay, either to the
Department or the designated testing service, a fee established by
the Department to cover the cost of providing the examination.
Failure of the applicant to appear for the examination on the
scheduled date at the time and place specified after his or her
application for examination has been received and acknowledged by the
Department or the designated testing service shall result in
forfeiture of the examination fee.
(c) An applicant must pass an examination authorized by the
Department before being issued a license. If an applicant fails to
pass an examination for licensure under this Act within 3 years after
filing an application, the application shall be denied. However,
such applicant may reapply for an examination on payment of the
required fee.
(225 ILCS 335/4.5 new)
Sec. 4.5. Duties of qualifying party; replacement. While
engaged as a qualifying party for a licensee, a person shall not take
other employment that would conflict with his or her duties as a
qualifying party or conflict with his or her ability to adequately
supervise the work performed by the licensee. The person may act in
the capacity of the qualifying party for one additional licensee if
one of the following conditions exists:
(1) There is a common ownership of at least 25% of each
licensed entity for which the person acts as a qualifying party.
(2) The same person acts as a qualifying party for one
licensed entity and its licensed subsidiary.
"Subsidiary" as used in this Section means a corporation of which
at least 25% is owned by another licensee.
In the event that a qualifying party is terminated or terminating
his or her status as managing agent of a licensee, the qualifying
party and the licensee shall notify the Department of that fact in
writing. Thereafter, the licensee shall notify the Department of the
name and address of the newly designated qualifying party. The newly
designated qualifying party shall meet all examination requirements
as prescribed in Section 3.5 of this Act. These requirements shall
be met in a timely manner as established by rule of the Department.
(225 ILCS 335/5.5 new)
Sec. 5.5. Contracts. A roofing contractor, when signing a
contract, must provide a land-based phone number and a street address
other than a post office box at which he or she may be contacted.
(225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
Sec. 9.2. Stenographer; record of proceedings. The Department, at
its expense, shall provide a stenographer to take down the testimony
and preserve a record of all proceedings initiated pursuant to this
Act, the rules for the administration of this Act, or any other Act
or rules relating to this Act and proceedings for restoration of any
license issued under this Act. The notice of hearing, complaint,
answer, and all other documents in the nature of pleadings and
written motions and responses filed in the proceedings, the
transcript of the testimony, all exhibits admitted into evidence, the
report of the hearing officer, the Board's findings of fact,
conclusions of law, and recommendations to the Director, and the
order shall be the record of the proceeding. The Department shall
furnish a transcript of the record to any person interested in the
hearing upon payment of the fee required under Section 60f of the
Civil Administrative Code of Illinois. The Department, at its
3314 JOURNAL OF THE [May 4, 1999]
expense, shall preserve a record of all proceedings at the formal
hearing of any case. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the hearing
officer and order of the Department shall be the record of such
proceeding. The Department shall furnish a transcript of the record
to any person interested in the hearing upon payment of the fee
required under Section 60f of the Civil Administrative Code of
Illinois.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/9.4) (from Ch. 111, par. 7509.4)
Sec. 9.4. The Department has power to subpoena and bring before
it any person in this State and to take testimony either orally or by
deposition or both, or to subpoena documents, exhibits, or other
materials with the same fees and mileage and in the same manner as
prescribed by law in judicial proceedings in civil cases in circuit
courts of this State.
The Director and any member of the Roofing Advisory Board have
power to administer oaths to witnesses at any hearing that the
Department or Roofing Advisory Board is authorized by law to conduct.
Further, the Director has power to administer any other oaths
required or authorized to be administered by the Department under
this Act.
The Director and the hearing officer have power to administer
oaths to witnesses at any hearing which the Department is authorized
to conduct under this Act, and any other oaths required or authorized
to be administered by the Department under this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 335/9.5) (from Ch. 111, par. 7509.5)
Sec. 9.5. Findings of fact, conclusions of law, and
recommendations; order. Within 30 days of the Department's receipt of
the transcript of any hearing that is conducted pursuant to this Act
or the rules for its enforcement or any other statute or rule
requiring a hearing under this Act or the rules for its enforcement,
or for any hearing related to restoration of any license issued
pursuant to this Act, the hearing officer shall submit his or her
written findings and recommendations to the Roofing Advisory Board.
The Roofing Advisory Board shall review the report of the hearing
officer and shall present its findings of fact, conclusions of law,
and recommendations to the Director by the date of the Board's second
meeting following the Board's receipt of the hearing officer's
report.
A copy of the findings of fact, conclusions of law, and
recommendations to the Director shall be served upon the accused
person, either personally or by registered or certified mail. Within
20 days after service, the accused person may present to the
Department a written motion for a rehearing, which shall state the
particular grounds therefor. If the accused person orders and pays
for a transcript pursuant to Section 9.2, the time elapsing
thereafter and before the transcript is ready for delivery to him or
her shall not be counted as part of the 20 days.
The Director shall issue an order based on the findings of fact,
conclusions of law, and recommendations to the Director of the Board.
If the Director disagrees in any regard with the findings of fact,
conclusions of law, and recommendations to the Director, he may issue
an order in contravention of the findings of fact, conclusions of
law, and recommendations to the Director.
If the Director issues an order in contravention of the findings
of fact, conclusions of law, and recommendations to the Director of
the Board, the Director shall notify the Board in writing with an
explanation for any deviation from the Board's findings of fact,
HOUSE OF REPRESENTATIVES 3315
conclusions of law, and recommendations to the Director within 30
days of the Director's entry of the order. At the conclusion of the
hearing the hearing officer shall present to the Director a written
report of his findings of fact, conclusions of law and
recommendations. The report shall contain a finding whether or not
the accused person violated this Act or failed to comply with the
conditions required in this Act. The hearing officer shall specify
the nature of the violation or failure to comply, and shall make his
recommendations to the Director.
The report of findings of fact, conclusions of law and
recommendations of the hearing officer shall be the basis for the
Department's order. If the Director disagrees in any regard with the
report of the hearing officer, the Director may issue an order in
contravention to the report. The finding is not admissible in
evidence against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and findings are not a bar to
a criminal prosecution brought for the violation of this Act.
(Source: P.A. 86-615.)
(225 ILCS 335/9.14) (from Ch. 111, par. 7509.14)
Sec. 9.14. The Director has the authority to appoint any
attorney duly licensed to practice law in the State of Illinois to
serve as the hearing officer for any action for refusal to issue or
renew a license, for or discipline of a licensee for sanctions for
unlicensed practice, for restoration of a license, or for any other
action for which findings of fact, conclusions of law, and
recommendations are required pursuant to Section 9.5 of this Act. The
hearing officer shall have full authority to conduct the hearing and
shall issue his or her findings of fact and recommendations to the
Board pursuant to Sections 9.5 of this Act. The hearing officer has
full authority to conduct the hearing. The hearing officer shall
report his findings of fact, conclusions of law and recommendations
to the Director. The Director shall issue an order based on the
report of the hearing officer. If the Director disagrees in any
regard with the hearing officer's report, he may issue an order in
contravention of the hearing officer's report.
(Source: P.A. 86-615.)
(225 ILCS 335/10) (from Ch. 111, par. 7510)
Sec. 10. Enforcement; petition to court.
(1) If any person violates the provisions of this Act, the
Director through the Attorney General of Illinois, or the State's
Attorney of any county in which a violation is alleged to exist, may
in the name of the People of the State of Illinois petition for an
order enjoining such violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition in such court,
the court may issue a temporary restraining order, without notice or
bond, and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender for
contempt of court.
(2) If any person shall practice as a licensee or hold himself
or herself out as a licensee without being licensed under the
provisions of this Act, then any person licensed under this Act, any
interested party or any person injured thereby may, in addition to
those officers identified in subsection (1) of this Section, petition
for relief as provided therein.
(3) Whenever the Department has reason to believe that any
person has violated the licensing requirements of this Act by
practicing, offering to practice, attempting to practice, or holding
himself or herself out to practice roofing without being licensed
under this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person.
3316 JOURNAL OF THE [May 4, 1999]
The rule shall clearly set forth the grounds relied upon by the
Department and shall provide a period of 7 days from the date of the
rule to file an answer to the satisfaction of the Department. Failure
to answer to the satisfaction of the Department shall cause an order
to cease and desist to be issued immediately.
(4) (3) Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties which may be
provided by law.
(Source: P.A. 90-55, eff. 1-1-98.)
(225 ILCS 335/11.5)
Sec. 11.5. The Roofing Advisory Board is created and shall
consist of 7 persons, 6 of whom shall have been issued certificates
of registration as roofing contractors by the Department, one of whom
represents a statewide association representing home builders, and
one of whom and one who is a knowledgeable public member. The public
member shall not be licensed under this Act or any other Act the
Department administers. Each member shall be appointed by the
Director. Members shall be appointed who reasonably represent the
different geographic areas of the State.
Members of the Roofing Advisory Board shall be immune from suit
in any action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Roofing Advisory Board.
The Director shall consider the advice and recommendations of the
Board. The Director shall notify the Board in writing with an
explanation of any deviation from the Board's written recommendation
or response. After review of the Director's written explanation of
the reasons for deviation, the Board shall have the opportunity to
comment upon the Director's decision.
The persons appointed shall hold office for 4 years and until a
successor is appointed and qualified. The initial terms shall begin
July 1, 1997. Of the members of the Board first appointed, 2 shall
be appointed to serve for 2 years, 2 shall be appointed to serve for
3 years, and 3 shall be appointed to serve for 4 years. No member
shall serve more than 2 complete 4 year terms.
Within 90 days of a vacancy occurring, the Director shall fill
the vacancy for the unexpired portion of the term with an appointee
who meets the same qualifications as the person whose position has
become vacant. The Board shall meet annually to elect one member as
chairman and one member as vice-chairman. No officer shall be
elected more than twice in succession to the same office. The
members of the Board shall receive reimbursement for actual,
necessary, and authorized expenses incurred in attending the meetings
of the Board.
(Source: P.A. 89-594, eff. 8-1-96.)
(225 ILCS 335/4 rep.)
Section 10. The Illinois Roofing Industry Licensing Act is
amended by repealing Section 4.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 304. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 304
HOUSE OF REPRESENTATIVES 3317
AMENDMENT NO. 1. Amend Senate Bill 304 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by changing Sections
12-2 and 12-4."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-2 and 12-4 as follows:
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) A person commits an aggravated assault, when, in committing
an assault, he:
(1) Uses a deadly weapon or any device manufactured and
designed to be substantially similar in appearance to a firearm,
other than by discharging a firearm in the direction of another
person, a peace officer, a person summoned or directed by a peace
officer, a correctional officer or a fireman or in the direction
of a vehicle occupied by another person, a peace officer, a
person summoned or directed by a peace officer, a correctional
officer or a fireman while the officer or fireman is engaged in
the execution of any of his official duties, or to prevent the
officer or fireman from performing his official duties, or in
retaliation for the officer or fireman performing his official
duties;
(2) Is hooded, robed or masked in such manner as to conceal
his identity or any device manufactured and designed to be
substantially similar in appearance to a firearm;
(3) Knows the individual assaulted to be a teacher or other
person employed in any school and such teacher or other employee
is upon the grounds of a school or grounds adjacent thereto, or
is in any part of a building used for school purposes;
(4) Knows the individual assaulted to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or other
employee is upon the grounds of the park or grounds adjacent
thereto, or is in any part of a building used for park purposes;
(5) Knows the individual assaulted to be a caseworker,
investigator, or other person employed by the State Department of
Public Aid, a County Department of Public Aid, or the Department
of Human Services (acting as successor to the Illinois Department
of Public Aid under the Department of Human Services Act) and
such caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent thereto, or is
in any part of a building used for public aid purposes, or upon
the grounds of a home of a public aid applicant, recipient or any
other person being interviewed or investigated in the employees'
discharge of his duties, or on grounds adjacent thereto, or is in
any part of a building in which the applicant, recipient, or
other such person resides or is located;
(6) Knows the individual assaulted to be a peace officer,
or a community policing volunteer, or a fireman while the officer
or fireman is engaged in the execution of any of his official
duties, or to prevent the officer, community policing volunteer,
or fireman from performing his official duties, or in retaliation
for the officer, community policing volunteer, or fireman
performing his official duties, and the assault is committed
other than by the discharge of a firearm in the direction of the
officer or fireman or in the direction of a vehicle occupied by
the officer or fireman;
(7) Knows the individual assaulted to be an emergency
medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance
3318 JOURNAL OF THE [May 4, 1999]
driver or other medical assistance or first aid personnel
employed by a municipality or other governmental unit engaged in
the execution of any of his official duties, or to prevent the
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his official duties, or in
retaliation for the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel performing his official duties;
(8) Knows the individual assaulted to be the driver,
operator, employee or passenger of any transportation facility or
system engaged in the business of transportation of the public
for hire and the individual assaulted is then performing in such
capacity or then using such public transportation as a passenger
or using any area of any description designated by the
transportation facility or system as a vehicle boarding,
departure, or transfer location;
(9) Or the individual assaulted is on or about a public
way, public property, or public place of accommodation or
amusement;
(10) Knows the individual assaulted to be an employee of
the State of Illinois, a municipal corporation therein or a
political subdivision thereof, engaged in the performance of his
authorized duties as such employee;
(11) Knowingly and without legal justification, commits an
assault on a physically handicapped person;
(12) Knowingly and without legal justification, commits an
assault on a person 60 years of age or older;
(13) Discharges a firearm;
(14) Knows the individual assaulted to be a correctional
officer, while the officer is engaged in the execution of any of
his or her official duties, or to prevent the officer from
performing his or her official duties, or in retaliation for the
officer performing his or her official duties; or
(15) Knows the individual assaulted to be a correctional
employee, while the employee is engaged in the execution of any
of his or her official duties, or to prevent the employee from
performing his or her official duties, or in retaliation for the
employee performing his or her official duties, and the assault
is committed other than by the discharge of a firearm in the
direction of the employee or in the direction of a vehicle
occupied by the employee; or .
(16) Knows the individual assaulted to be a health care
worker or other person employed by or contracted by a health care
organization or medical practice and is upon the grounds of a
health care organization or grounds adjacent to a health care
organization, or is in any part of a building used for the
delivery of health care, or is upon the grounds of the home of an
individual at which the health care worker is discharging his or
her duties, or on the grounds adjacent to that individual's home,
or in any part of a building in which the individual resides or
is located.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through (5) and
(7) through (12) of subsection (a) of this Section is a Class A
misdemeanor. Aggravated assault as defined in paragraphs (13), (14),
and (15), and (16) of subsection (a) of this Section is a Class 4
felony. Aggravated assault as defined in paragraph (6) of subsection
(a) of this Section is a Class A misdemeanor if a firearm is not used
HOUSE OF REPRESENTATIVES 3319
in the commission of the assault. Aggravated assault as defined in
paragraph (6) of subsection (a) of this Section is a Class 4 felony
if a firearm is used in the commission of the assault.
(Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; 90-651, eff.
1-1-99.)
(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
Sec. 12-4. Aggravated Battery.
(a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
(b) In committing a battery, a person commits aggravated battery
if he or she:
(1) Uses a deadly weapon other than by the discharge of a
firearm;
(2) Is hooded, robed or masked, in such manner as to
conceal his identity;
(3) Knows the individual harmed to be a teacher or other
person employed in any school and such teacher or other employee
is upon the grounds of a school or grounds adjacent thereto, or
is in any part of a building used for school purposes;
(4) Knows the individual harmed to be a supervisor,
director, instructor or other person employed in any park
district and such supervisor, director, instructor or other
employee is upon the grounds of the park or grounds adjacent
thereto, or is in any part of a building used for park purposes;
(5) Knows the individual harmed to be a caseworker,
investigator, or other person employed by the State Department of
Public Aid, a County Department of Public Aid, or the Department
of Human Services (acting as successor to the Illinois Department
of Public Aid under the Department of Human Services Act) and
such caseworker, investigator, or other person is upon the
grounds of a public aid office or grounds adjacent thereto, or is
in any part of a building used for public aid purposes, or upon
the grounds of a home of a public aid applicant, recipient, or
any other person being interviewed or investigated in the
employee's discharge of his duties, or on grounds adjacent
thereto, or is in any part of a building in which the applicant,
recipient, or other such person resides or is located;
(6) Knows the individual harmed to be a peace officer, a
community policing volunteer, a correctional institution
employee, or a fireman while such officer, volunteer, employee or
fireman is engaged in the execution of any official duties
including arrest or attempted arrest, or to prevent the officer,
volunteer, employee or fireman from performing official duties,
or in retaliation for the officer, volunteer, employee or fireman
performing official duties, and the battery is committed other
than by the discharge of a firearm;
(7) Knows the individual harmed to be an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance
driver or other medical assistance or first aid personnel engaged
in the performance of any of his or her official duties, or to
prevent the emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing official duties, or in retaliation
for performing official duties;
(8) Is, or the person battered is, on or about a public
way, public property or public place of accommodation or
amusement;
(9) Knows the individual harmed to be the driver, operator,
3320 JOURNAL OF THE [May 4, 1999]
employee or passenger of any transportation facility or system
engaged in the business of transportation of the public for hire
and the individual assaulted is then performing in such capacity
or then using such public transportation as a passenger or using
any area of any description designated by the transportation
facility or system as a vehicle boarding, departure, or transfer
location;
(10) Knowingly and without legal justification and by any
means causes bodily harm to an individual of 60 years of age or
older;
(11) Knows the individual harmed is pregnant;
(12) Knows the individual harmed to be a judge whom the
person intended to harm as a result of the judge's performance of
his or her official duties as a judge;
(13) Knows the individual harmed to be an employee of the
Illinois Department of Children and Family Services engaged in
the performance of his authorized duties as such employee;
(14) Knows the individual harmed to be a person who is
physically handicapped; or
(15) Knowingly and without legal justification and by any
means causes bodily harm to a merchant who detains the person for
an alleged commission of retail theft under Section 16A-5 of this
Code. In this item (15), "merchant" has the meaning ascribed to
it in Section 16A-2.4 of this Code; or .
(16) Knows the individual harmed to be a nurse, physician,
or other health care worker and the nurse, physician, or other
health care worker is, at the time of the commission of the
battery, in a building or in any part of a building, on the
grounds of a building, or on grounds adjacent to a building used
as a hospital, nursing home, shelter care home, or other health
care facility.
For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who suffers from
a permanent and disabling physical characteristic, resulting from
disease, injury, functional disorder or congenital condition.
(c) A person who administers to an individual or causes him to
take, without his consent or by threat or deception, and for other
than medical purposes, any intoxicating, poisonous, stupefying,
narcotic, anesthetic, or controlled substance commits aggravated
battery.
(d) A person who knowingly gives to another person any food that
contains any substance or object that is intended to cause physical
injury if eaten, commits aggravated battery.
(e) Sentence.
Aggravated battery is a Class 3 felony.
(Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; 90-651, eff.
1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 644. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 644
AMENDMENT NO. 1. Amend Senate Bill 644 on page 4, by replacing
HOUSE OF REPRESENTATIVES 3321
lines 10 through 17 with the following:
"(1) Any violation or inchoate violation of Section
Sections 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1,
11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33
of the Criminal Code of 1961, or
(1.1) Any violation or inchoate violation of Section 9-1,
9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 19-1, or
19-2 of the Criminal Code of 1961 committed on or after July 1,
2001, or"; and
on page 4, by inserting between lines 26 and 27 the following:
"(g-5) The Department of State Police is not required to accept
or process blood specimens from individuals convicted of any offense
listed in paragraph 1.1 of subsection (g), until acquisition of the
resources necessary to process such blood specimens, or until July 1,
2003, whichever is earlier.
Upon acquisition of necessary resources, including an
appropriation for the purpose of implementing this amendatory Act of
the 91st General Assembly, but no later than July 1, 2003, the
Department of State Police shall notify the Department of
Corrections, the Administrative Office of the Illinois Courts, and
any other entity deemed appropriate by the Department of State
Police, that the Department is prepared to receive and process blood
specimens from individuals convicted of offenses enumerated in
paragraph (1.1) of subsection (g).".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 110. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 110
AMENDMENT NO. 1. Amend Senate Bill 110 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Income Tax Act is amended by changing
Section 201 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby imposed
on every individual, corporation, trust and estate for each taxable
year ending after July 31, 1969 on the privilege of earning or
receiving income in or as a resident of this State. Such tax shall be
in addition to all other occupation or privilege taxes imposed by
this State or by any municipal corporation or political subdivision
thereof.
(b) Rates. The tax imposed by subsection (a) of this Section
shall be determined as follows:
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount equal to 2
1/2% of the taxpayer's net income for the taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending after
June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the
taxpayer's net income for the period prior to July 1, 1989, as
calculated under Section 202.3, and (ii) 3% of the taxpayer's net
income for the period after June 30, 1989, as calculated under
3322 JOURNAL OF THE [May 4, 1999]
Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, an amount equal to
3% of the taxpayer's net income for the taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years ending
prior to July 1, 1989, an amount equal to 4% of the taxpayer's
net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30, 1989,
an amount equal to the sum of (i) 4% of the taxpayer's net income
for the period prior to July 1, 1989, as calculated under Section
202.3, and (ii) 4.8% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of the
taxpayer's net income for the taxable year.
(c) Beginning on July 1, 1979 and thereafter, in addition to
such income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership and
trust, for each taxable year ending after June 30, 1979. Such taxes
are imposed on the privilege of earning or receiving income in or as
a resident of this State. The Personal Property Tax Replacement
Income Tax shall be in addition to the income tax imposed by
subsections (a) and (b) of this Section and in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income Tax
Rates. The personal property tax replacement income tax imposed by
this subsection and subsection (c) of this Section in the case of a
corporation, other than a Subchapter S corporation, shall be an
additional amount equal to 2.85% of such taxpayer's net income for
the taxable year, except that beginning on January 1, 1981, and
thereafter, the rate of 2.85% specified in this subsection shall be
reduced to 2.5%, and in the case of a partnership, trust or a
Subchapter S corporation shall be an additional amount equal to 1.5%
of such taxpayer's net income for the taxable year.
(e) Investment credit. A taxpayer shall be allowed a credit
against the Personal Property Tax Replacement Income Tax for
investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5% of
the basis of qualified property placed in service during the
taxable year, provided such property is placed in service on or
after July 1, 1984. There shall be allowed an additional credit
equal to .5% of the basis of qualified property placed in service
during the taxable year, provided such property is placed in
service on or after July 1, 1986, and the taxpayer's base
employment within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment records
filed with the Illinois Department of Employment Security.
Taxpayers who are new to Illinois shall be deemed to have met the
1% growth in base employment for the first year in which they
file employment records with the Illinois Department of
Employment Security. The provisions added to this Section by
Public Act 85-1200 (and restored by Public Act 87-895) shall be
construed as declaratory of existing law and not as a new
enactment. If, in any year, the increase in base employment
within Illinois over the preceding year is less than 1%, the
additional credit shall be limited to that percentage times a
HOUSE OF REPRESENTATIVES 3323
fraction, the numerator of which is .5% and the denominator of
which is 1%, but shall not exceed .5%. The investment credit
shall not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may any
credit for qualified property be allowed for any year other than
the year in which the property was placed in service in Illinois.
For tax years ending on or after December 31, 1987, and on or
before December 31, 1988, the credit shall be allowed for the tax
year in which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that year,
whether it exceeds the original liability or the liability as
later amended, such excess may be carried forward and applied to
the tax liability of the 5 taxable years following the excess
credit years if the taxpayer (i) makes investments which cause
the creation of a minimum of 2,000 full-time equivalent jobs in
Illinois, (ii) is located in an enterprise zone established
pursuant to the Illinois Enterprise Zone Act and (iii) is
certified by the Department of Commerce and Community Affairs as
complying with the requirements specified in clause (i) and (ii)
by July 1, 1986. The Department of Commerce and Community
Affairs shall notify the Department of Revenue of all such
certifications immediately. For tax years ending after December
31, 1988, the credit shall be allowed for the tax year in which
the property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit
years. The credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one tax
year that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings and signs
that are real property, but not including land or
improvements to real property that are not a structural
component of a building such as landscaping, sewer lines,
local access roads, fencing, parking lots, and other
appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (e);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is primarily
engaged in manufacturing, or in mining coal or fluorite, or
in retailing; and
(E) has not previously been used in Illinois in such a
manner and by such a person as would qualify for the credit
provided by this subsection (e) or subsection (f).
(3) For purposes of this subsection (e), "manufacturing"
means the material staging and production of tangible personal
property by procedures commonly regarded as manufacturing,
processing, fabrication, or assembling which changes some
existing material into new shapes, new qualities, or new
combinations. For purposes of this subsection (e) the term
"mining" shall have the same meaning as the term "mining" in
Section 613(c) of the Internal Revenue Code. For purposes of
this subsection (e), the term "retailing" means the sale of
3324 JOURNAL OF THE [May 4, 1999]
tangible personal property or services rendered in conjunction
with the sale of tangible consumer goods or commodities.
(4) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(5) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in Illinois by the taxpayer, the amount of such increase
shall be deemed property placed in service on the date of such
increase in basis.
(6) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any qualified
property is moved outside Illinois within 48 months after being
placed in service, the Personal Property Tax Replacement Income
Tax for such taxable year shall be increased. Such increase
shall be determined by (i) recomputing the investment credit
which would have been allowed for the year in which credit for
such property was originally allowed by eliminating such property
from such computation and, (ii) subtracting such recomputed
credit from the amount of credit previously allowed. For the
purposes of this paragraph (7), a reduction of the basis of
qualified property resulting from a redetermination of the
purchase price shall be deemed a disposition of qualified
property to the extent of such reduction.
(8) Unless the investment credit is extended by law, the
basis of qualified property shall not include costs incurred
after December 31, 2003, except for costs incurred pursuant to a
binding contract entered into on or before December 31, 2003.
(9) Each taxable year, a partnership may elect to pass
through to its partners the credits to which the partnership is
entitled under this subsection (e) for the taxable year. A
partner may use the credit allocated to him or her under this
paragraph only against the tax imposed in subsections (c) and (d)
of this Section. If the partnership makes that election, those
credits shall be allocated among the partners in the partnership
in accordance with the rules set forth in Section 704(b) of the
Internal Revenue Code, and the rules promulgated under that
Section, and the allocated amount of the credits shall be allowed
to the partners for that taxable year. The partnership shall
make this election on its Personal Property Tax Replacement
Income Tax return for that taxable year. The election to pass
through the credits shall be irrevocable.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for investment
in qualified property which is placed in service in an Enterprise
Zone created pursuant to the Illinois Enterprise Zone Act. For
partners and for shareholders of Subchapter S corporations, there
shall be allowed a credit under this subsection (f) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code. The credit shall be
.5% of the basis for such property. The credit shall be
available only in the taxable year in which the property is
placed in service in the Enterprise Zone and shall not be allowed
to the extent that it would reduce a taxpayer's liability for the
tax imposed by subsections (a) and (b) of this Section to below
zero. For tax years ending on or after December 31, 1985, the
HOUSE OF REPRESENTATIVES 3325
credit shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds the
tax liability for that year, whether it exceeds the original
liability or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5 taxable
years following the excess credit year. The credit shall be
applied to the earliest year for which there is a liability. If
there is credit from more than one tax year that is available to
offset a liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (f);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the taxpayer;
and
(E) has not been previously used in Illinois in such a
manner and by such a person as would qualify for the credit
provided by this subsection (f) or subsection (e).
(3) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in the Enterprise Zone by the taxpayer, the amount of
such increase shall be deemed property placed in service on the
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any qualified
property is moved outside the Enterprise Zone within 48 months
after being placed in service, the tax imposed under subsections
(a) and (b) of this Section for such taxable year shall be
increased. Such increase shall be determined by (i) recomputing
the investment credit which would have been allowed for the year
in which credit for such property was originally allowed by
eliminating such property from such computation, and (ii)
subtracting such recomputed credit from the amount of credit
previously allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting from a
redetermination of the purchase price shall be deemed a
disposition of qualified property to the extent of such
reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone
or Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by the
Department of Commerce and Community Affairs conducting a trade
or business in a federally designated Foreign Trade Zone or
Sub-Zone shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section in the amount of $500 per
eligible employee hired to work in the zone during the taxable
year.
(2) To qualify for the credit:
3326 JOURNAL OF THE [May 4, 1999]
(A) the taxpayer must hire 5 or more eligible
employees to work in an enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone during the taxable
year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign Trade Zone
or Sub-Zone must increase by 5 or more full-time employees
beyond the total employed in that zone at the end of the
previous tax year for which a jobs tax credit under this
Section was taken, or beyond the total employed by the
taxpayer as of December 31, 1985, whichever is later; and
(C) the eligible employees must be employed 180
consecutive days in order to be deemed hired for purposes of
this subsection.
(3) An "eligible employee" means an employee who is:
(A) Certified by the Department of Commerce and
Community Affairs as "eligible for services" pursuant to
regulations promulgated in accordance with Title II of the
Job Training Partnership Act, Training Services for the
Disadvantaged or Title III of the Job Training Partnership
Act, Employment and Training Assistance for Dislocated
Workers Program.
(B) Hired after the enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone was designated or
the trade or business was located in that zone, whichever is
later.
(C) Employed in the enterprise zone or Foreign Trade
Zone or Sub-Zone. An employee is employed in an enterprise
zone or federally designated Foreign Trade Zone or Sub-Zone
if his services are rendered there or it is the base of
operations for the services performed.
(D) A full-time employee working 30 or more hours per
week.
(4) For tax years ending on or after December 31, 1985 and
prior to December 31, 1988, the credit shall be allowed for the
tax year in which the eligible employees are hired. For tax
years ending on or after December 31, 1988, the credit shall be
allowed for the tax year immediately following the tax year in
which the eligible employees are hired. If the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit
year. The credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one tax
year that is available to offset a liability, earlier credit
shall be applied first.
(5) The Department of Revenue shall promulgate such rules
and regulations as may be deemed necessary to carry out the
purposes of this subsection (g).
(6) The credit shall be available for eligible employees
hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsection (b) of Section 5.5 of the
Illinois Enterprise Zone Act, a taxpayer shall be allowed a
credit against the tax imposed by subsections (a) and (b) of this
Section for investment in qualified property which is placed in
service by a Department of Commerce and Community Affairs
designated High Impact Business. The credit shall be .5% of the
basis for such property. The credit shall not be available until
the minimum investments in qualified property set forth in
HOUSE OF REPRESENTATIVES 3327
Section 5.5 of the Illinois Enterprise Zone Act have been
satisfied and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by subsections
(a) and (b) of this Section to below zero. The credit applicable
to such minimum investments shall be taken in the taxable year in
which such minimum investments have been completed. The credit
for additional investments beyond the minimum investment by a
designated high impact business shall be available only in the
taxable year in which the property is placed in service and shall
not be allowed to the extent that it would reduce a taxpayer's
liability for the tax imposed by subsections (a) and (b) of this
Section to below zero. For tax years ending on or after December
31, 1987, the credit shall be allowed for the tax year in which
the property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit
year. The credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one tax
year that is available to offset a liability, the credit accruing
first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public Act 88-670
restore changes made by Public Act 85-1182 and reflect existing
law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone Investment
Credit provided by subsection (f) of this Section.
(3) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in a federally designated Foreign Trade Zone or Sub-Zone
located in Illinois by the taxpayer, the amount of such increase
shall be deemed property placed in service on the date of such
increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before December
31, 1996, any property ceases to be qualified property in the
hands of the taxpayer within 48 months after being placed in
service, or the situs of any qualified property is moved outside
Illinois within 48 months after being placed in service, the tax
imposed under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which would
have been allowed for the year in which credit for such property
was originally allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit from the
amount of credit previously allowed. For the purposes of this
paragraph (6), a reduction of the basis of qualified property
resulting from a redetermination of the purchase price shall be
3328 JOURNAL OF THE [May 4, 1999]
deemed a disposition of qualified property to the extent of such
reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and the
taxpayer relocates its entire facility in violation of the
explicit terms and length of the contract under Section 18-183 of
the Property Tax Code, the tax imposed under subsections (a) and
(b) of this Section shall be increased for the taxable year in
which the taxpayer relocated its facility by an amount equal to
the amount of credit received by the taxpayer under this
subsection (h).
(i) A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed by
subsections (c) and (d) of this Section. This credit shall be
computed by multiplying the tax imposed by subsections (c) and (d) of
this Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois base
income, and further multiplying the product by the tax rate imposed
by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed because
it exceeds the tax liability imposed by subsections (a) and (b) for
that year (whether it exceeds the original liability or the liability
as later amended) may be carried forward and applied to the tax
liability imposed by subsections (a) and (b) of the 5 taxable years
following the excess credit year. This credit shall be applied first
to the earliest year for which there is a liability. If there is a
credit under this subsection from more than one tax year that is
available to offset a liability the earliest credit arising under
this subsection shall be applied first.
If, during any taxable year ending on or after December 31, 1986,
the tax imposed by subsections (c) and (d) of this Section for which
a taxpayer has claimed a credit under this subsection (i) is reduced,
the amount of credit for such tax shall also be reduced. Such
reduction shall be determined by recomputing the credit to take into
account the reduced tax imposed by subsection (c) and (d). If any
portion of the reduced amount of credit has been carried to a
different taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years ending on
or after December 31, 1986, a taxpayer shall be allowed a credit
against the tax imposed by subsection (a) and (b) under this Section
for all amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed outside of
Illinois by a taxpayer, for educational or vocational training in
semi-technical or technical fields or semi-skilled or skilled fields,
which were deducted from gross income in the computation of taxable
income. The credit against the tax imposed by subsections (a) and
(b) shall be 1.6% of such training expenses. For partners and for
shareholders of subchapter S corporations, there shall be allowed a
credit under this subsection (j) to be determined in accordance with
the determination of income and distributive share of income under
Sections 702 and 704 and subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused in the
year the credit is earned may be carried forward to each of the 5
taxable years following the year for which the credit is first
computed until it is used. This credit shall be applied first to the
earliest year for which there is a liability. If there is a credit
under this subsection from more than one tax year that is available
to offset a liability the earliest credit arising under this
HOUSE OF REPRESENTATIVES 3329
subsection shall be applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a taxpayer
shall be allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in this
State. The credit allowed against the tax imposed by subsections (a)
and (b) shall be equal to 6 1/2% of the qualifying expenditures for
increasing research activities in this State.
For purposes of this subsection, "qualifying expenditures" means
the qualifying expenditures as defined for the federal credit for
increasing research activities which would be allowable under Section
41 of the Internal Revenue Code and which are conducted in this
State, "qualifying expenditures for increasing research activities in
this State" means the excess of qualifying expenditures for the
taxable year in which incurred over qualifying expenditures for the
base period, "qualifying expenditures for the base period" means the
average of the qualifying expenditures for each year in the base
period, and "base period" means the 3 taxable years immediately
preceding the taxable year for which the determination is being made.
Any credit in excess of the tax liability for the taxable year
may be carried forward. A taxpayer may elect to have the unused
credit shown on its final completed return carried over as a credit
against the tax liability for the following 5 taxable years or until
it has been fully used, whichever occurs first.
If an unused credit is carried forward to a given year from 2 or
more earlier years, that credit arising in the earliest year will be
applied first against the tax liability for the given year. If a tax
liability for the given year still remains, the credit from the next
earliest year will then be applied, and so on, until all credits have
been used or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried forward to
the next following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more than 5
years after the year in which the expense for which the credit is
given was incurred.
Unless extended by law, the credit shall not include costs
incurred after December 31, 2004, except for costs incurred pursuant
to a binding contract entered into on or before December 31, 2004.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and on or
before December 31, 2001, a taxpayer shall be allowed a credit
against the tax imposed by subsections (a) and (b) of this
Section for certain amounts paid for unreimbursed eligible
remediation costs, as specified in this subsection. For purposes
of this Section, "unreimbursed eligible remediation costs" means
costs approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental Protection
Act that were paid in performing environmental remediation at a
site for which a No Further Remediation Letter was issued by the
Agency and recorded under Section 58.10 of the Environmental
Protection Act. The credit must be claimed for the taxable year
in which Agency approval of the eligible remediation costs is
granted. The credit is not available to any taxpayer if the
taxpayer or any related party caused or contributed to, in any
material respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the remedial
action pursuant to the Site Remediation Program of the
Environmental Protection Act. After the Pollution Control Board
rules are adopted pursuant to the Illinois Administrative
Procedure Act for the administration and enforcement of Section
58.9 of the Environmental Protection Act, determinations as to
3330 JOURNAL OF THE [May 4, 1999]
credit availability for purposes of this Section shall be made
consistent with those rules. For purposes of this Section,
"taxpayer" includes a person whose tax attributes the taxpayer
has succeeded to under Section 381 of the Internal Revenue Code
and "related party" includes the persons disallowed a deduction
for losses by paragraphs (b), (c), and (f)(1) of Section 267 of
the Internal Revenue Code by virtue of being a related taxpayer,
as well as any of its partners. The credit allowed against the
tax imposed by subsections (a) and (b) shall be equal to 25% of
the unreimbursed eligible remediation costs in excess of $100,000
per site, except that the $100,000 threshold shall not apply to
any site contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs. The total credit
allowed shall not exceed $40,000 per year with a maximum total of
$150,000 per site. For partners and shareholders of subchapter S
corporations, there shall be allowed a credit under this
subsection to be determined in accordance with the determination
of income and distributive share of income under Sections 702 and
704 of subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is unused
in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit is
first earned until it is used. The term "unused credit" does not
include any amounts of unreimbursed eligible remediation costs in
excess of the maximum credit per site authorized under paragraph
(i). This credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability, the earliest credit arising under this
subsection shall be applied first. A credit allowed under this
subsection may be sold to a buyer as part of a sale of all or
part of the remediation site for which the credit was granted.
The purchaser of a remediation site and the tax credit shall
succeed to the unused credit and remaining carry-forward period
of the seller. To perfect the transfer, the assignor shall
record the transfer in the chain of title for the site and
provide written notice to the Director of the Illinois Department
of Revenue of the assignor's intent to sell the remediation site
and the amount of the tax credit to be transferred as a portion
of the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be eligible
under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site" shall
have the same meaning as under Section 58.2 of the Environmental
Protection Act.
(Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96; 89-591, eff.
8-1-96; 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 90-605, eff.
6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 8-7-98; 90-792, eff.
1-1-99; revised 9-16-98.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 48. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 48
HOUSE OF REPRESENTATIVES 3331
AMENDMENT NO. 1. Amend Senate Bill 48 by replacing everything
after the enacting clause with the following:
"Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 4 as follows:
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's Identification
Card must shall:
(1) Make application on blank forms prepared and furnished
at convenient locations throughout the State by the Department of
State Police; and
(2) Submit evidence under penalty of perjury to the
Department of State Police that:
(i) He or she is 21 years of age or over, or if he or
she is under 21 years of age that he or she has the written
consent of his or her parent or legal guardian to possess
and acquire firearms and firearm ammunition and that he or
she has never been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an individual
prohibited from having a Firearm Owner's Identification Card
and files an affidavit with the Department as prescribed by
the Department stating that he or she is not an individual
prohibited from having a Card;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the United
States;
(vii) He or she is not subject to an existing order of
protection prohibiting him or her from possessing a firearm;
(viii) He or she has not been convicted within the past
5 years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was used
or possessed;
(ix) He or she has not been convicted of domestic
battery or a substantially similar offense in another
jurisdiction committed on or after the effective date of
this amendatory Act of 1997; and
(x) He or she has not been convicted within the past 5
years of domestic battery or a substantially similar offense
in another jurisdiction committed before the effective date
of this amendatory Act of 1997; and.
(3) Upon request by the Department of State Police, sign a
release on a form prescribed by the Department of State Police
waiving any right to confidentiality and requesting the
disclosure to the Department of State Police of limited mental
health institution admission information from another state, the
District of Columbia, any other territory of the United States,
or a foreign nation concerning the applicant for the sole purpose
of determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that status
from receiving a Firearm Owner's Identification Card. No mental
health care or treatment records may be requested. The
information received shall be destroyed within one year of
receipt.
(b) Each application form shall include the following statement
3332 JOURNAL OF THE [May 4, 1999]
printed in bold type: "Warning: False statements of the applicant
shall result in prosecution for perjury in accordance with Section
32-2 of the Criminal Code of 1961.".
(c) Upon such written consent, pursuant to Section 4, paragraph
(a) (2) (i), the parent or legal guardian giving the consent shall be
liable for any damages resulting from the applicant's use of firearms
or firearm ammunition.
(Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1025. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Urban
Revitalization, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1025
AMENDMENT NO. 1. Amend Senate Bill 1025 on page 11, lines 24 and
25, by replacing "April 1984 or July 1985," with "December 1983,
April 1984, or July 1985, or December 1989,"; and
on page 11, line 29, before "or" by inserting "or if the ordinance
was adopted on October 5, 1982 by the City of Kankakee,"; and
on page 24, line 7, by replacing "April, 1984, July, 1985," with
"December 1983, April, 1984, July, 1985, December 1989,"; and
on page 24, line 11, before "or" by inserting "or if the ordinance
was adopted on October 5, 1982 by the City of Kankakee,".
AMENDMENT NO. 2 TO SENATE BILL 1025
AMENDMENT NO. 2. Amend Senate Bill 1025 on page 11, line 30, by
replacing "Louis" with "Louis, or if the ordinance was adopted on
November 12, 1991 by the Village of Sauget"; and
on page 24, line 12, by replacing "Louis" with "Louis, or if the
ordinance was adopted on November 12, 1991 by the Village of Sauget".
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
AGREED RESOLUTIONS
HOUSE RESOLUTIONS 237, 238, 240, 241, 242 and 249 were taken up
for consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
SENATE BILLS ON SECOND READING
SENATE BILL 55. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Personel
& Pnesions, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 55
HOUSE OF REPRESENTATIVES 3333
AMENDMENT NO. 1. Amend Senate Bill 55 on page 1, in line 2, by
changing "and 16-133.2" to "16-133.2, 17-116.1, and 17-119.1 and to
amend the State Mandates Act"; and
on page 1, in line 6, by changing "and 16-133.2" to "16-133.2,
17-116.1, and 17-119.1"; and
on page 7, below line 24, by inserting the following:
"(40 ILCS 5/17-116.1) (from Ch. 108 1/2, par. 17-116.1)
Sec. 17-116.1. Early retirement without discount.
(a) A member retiring after June 1, 1980 and before June 30,
1995 and within 6 months of the last day of teaching for which
retirement contributions were required, may elect at the time of
application to make a one time employee contribution to the system
and thereby avoid the early retirement reduction in allowance
specified in paragraph (4) of Section 17-116 of this Article. The
exercise of the election shall obligate the last Employer to also
make a one time non-refundable contribution to the Fund.
(b) Subject to authorization by the Employer as provided in
subsection (c), a member retiring on or after June 30, 1995 and on or
before June 30, 2005 2000 and within 6 months of the last day of
teaching for which retirement contributions were required may elect
at the time of application to make a one-time employee contribution
to the Fund and thereby avoid the early retirement reduction in
allowance specified in paragraph (4) of Section 17-116. The exercise
of the election shall obligate the last Employer to also make a
one-time nonrefundable contribution to the Fund.
(c) The benefits provided in subsection (b) are available only
to members who retire, during a specified period, from employment
with an Employer that has adopted and filed with the Board a
resolution expressly providing for the creation of an early
retirement without discount program under this Section for that
period.
The Employer has the full discretion and authority to determine
whether an early retirement without discount program is in its best
interest and to provide such a program to its eligible employees in
accordance with this Section. The Employer may decide to authorize
such a program for one or more of the following periods: for the
period beginning July 1, 1997 and ending June 30, 1998, in which case
the resolution must be adopted by January 1, 1998; for the period
beginning July 1, 1998 and ending June 30, 1999, in which case the
resolution must be adopted by March 31, 1998; and for the period
beginning July 1, 1999 and ending June 30, 2000, in which case the
resolution must be adopted by March 31, 1999; for the period
beginning July 1, 2000 and ending June 30, 2001, in which case the
resolution must be adopted by March 31, 2000; for the period
beginning July 1, 2001 and ending June 30, 2002, in which case the
resolution must be adopted by March 31, 2001; for the period
beginning July 1, 2002 and ending June 30, 2003, in which case the
resolution must be adopted by March 31, 2002; for the period
beginning July 1, 2003 and ending June 30, 2004, in which case the
resolution must be adopted by March 31, 2003; and for the period
beginning July 1, 2004 and ending June 30, 2005, in which case the
resolution must be adopted by March 31, 2004. The resolution must be
filed with the Board within 10 days after it is adopted. A single
resolution may authorize an early retirement without discount program
as provided in this Section for more than one period.
Notwithstanding Section 17-157, the Employer shall also have full
discretion and authority to determine whether to allow its employees
who withdrew from service on or after June 30, 1995 and before June
27, 1997 to participate in an early retirement without discount
program under subsection (b). An early retirement without discount
program for those who withdrew from service on or after June 30, 1995
3334 JOURNAL OF THE [May 4, 1999]
and before June 27, 1997 may be authorized only by a resolution of
the Employer that is adopted by January 1, 1998 and filed with the
Board within 10 days after its adoption. If such a resolution is
duly adopted and filed, a person who (i) withdrew from service with
the Employer on or after June 30, 1995 and before June 27, 1997, (ii)
qualifies for early retirement without discount under subsection (b),
(iii) applies to the Fund within 90 days after the authorizing
resolution is adopted, and (iv) pays the required employee
contribution shall have his or her retirement pension recalculated in
accordance with subsection (b). The resulting increase shall be
effective retroactively to the starting date of the retirement
pension.
(d) The one-time employee contribution shall be equal to 7% of
the retiring member's highest full-time annual salary rate used in
the determination of the average salary rate for retirement pension,
or if not full-time then the full-time equivalent, multiplied by (1)
the number of years the teacher is under age 60, or (2) the number of
years the employee's creditable service is less than 34 35 years,
whichever is less.
The Employer contribution shall be 20% of such salary multiplied
by such number of years.
(e) Upon receipt of the application and election, the Board
shall determine the one time employee and Employer contributions.
The provisions of this Section shall not be applicable until the
employee contribution, if any, has all the above outlined
contributions have been received by the Fund; however, the date that
contribution is such contributions are received shall not be
considered in determining the effective date of retirement.
(f) The number of employees who may retire under this Section in
any year may be limited at the option of the Employer to a specified
percentage of those eligible, not lower than 30%, with the right to
participate to be allocated among those applying on the basis of
seniority in the service of the Employer.
(Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97; 90-566, eff.
1-2-98.)
(40 ILCS 5/17-119.1)
Sec. 17-119.1. Optional increase in retirement annuity.
(a) A member of the Fund may qualify for the augmented rate
under subdivision (b)(3) of Section 17-116 for all years of
creditable service earned before July 1, 1998 by making the optional
contribution specified in subsection (b). A member may not elect to
qualify for the augmented rate for only a portion of his or her
creditable service earned before July 1, 1998.
(b) The contribution shall be an amount equal to 1.0% of the
member's highest salary rate in the 4 consecutive school years
immediately prior to but not including the school year in which the
application occurs, multiplied by the number of years of creditable
service earned by the member before July 1, 1998 or 20, whichever is
less. This contribution shall be reduced by 1.0% of that salary rate
for every 3 full years of creditable service earned by the member
after June 30, 1998. The contribution shall be further reduced at
the rate of 25% of the contribution (as reduced for service after
June 30, 1998) for each year of the member's total creditable service
in excess of 34 years. The contribution shall not in any event
exceed 20% of that salary rate.
The member shall pay to the Fund the amount of the contribution
as calculated at the time of application under this Section. The
amount of the contribution determined under this subsection shall be
recalculated at the time of retirement, and if the Fund determines
that the amount paid by the member exceeds the recalculated amount,
the Fund shall refund the difference to the member with regular
HOUSE OF REPRESENTATIVES 3335
interest from the date of payment to the date of refund.
The contribution required by this subsection shall be paid in one
of the following ways or in a combination of the following ways that
does not extend over more than 5 years:
(i) in a lump sum on or before the date of retirement;
(ii) in substantially equal installments over a period of
time not to exceed 5 years, as a deduction from salary in
accordance with Section 17-130.2;
(iii) if the member becomes an annuitant before June 30,
2003, in substantially equal monthly installments over a 24-month
period, by a deduction from the annuitant's monthly benefit.
(c) If the member fails to make the full contribution under this
Section in a timely fashion, the payments made under this Section
shall be refunded to the member, without interest. If the member
dies before making the full contribution, the payments made under
this Section shall be refunded to the member's designated
beneficiary.
(d) For purposes of this Section and subsection (b) of Section
17-116, optional creditable service established by a member shall be
deemed to have been earned at the time of the employment or other
qualifying event upon which the service is based, rather than at the
time the credit was established in this Fund.
(e) The contributions required under this Section are the
responsibility of the teacher and not the teacher's employer.
However, an employer of teachers may, after the effective date of
this amendatory Act of 1998, specifically agree, through collective
bargaining or otherwise, to make the contributions required by this
Section on behalf of those teachers.
(Source: P.A. 90-582, eff. 5-27-98.)
Section 90. The State Mandates Act is amended by adding Section
8.23 as follows:
(30 ILCS 805/8.23 new)
Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of the
91st General Assembly.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 33. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 33
AMENDMENT NO. 1. Amend Senate Bill 33 on page 1, lines 1 and 2,
by replacing "Section 9-195" with "Sections 9-195 and 15-35"; and
on page 1, line 6, after "9-195", by inserting "and 15-35"; and
on page 1, by replacing lines 9 and 10 with the following:
"(a) Except as provided in Sections 15-35, Section 15-55, and
15-100, and 15-103, when property which is exempt from"; and
on page 1, line 19, after "1997", by inserting "and by this
amendatory Act of the 91st General Assembly"; and
on page 1, by replacing lines 27 through 29 with the following:
"described in subsection (e) of Section 15-35, subsection (b) of
Section 15-100, or Section 15-103.
(Source: P.A. 90-562, eff. 12-16-97.)
3336 JOURNAL OF THE [May 4, 1999]
(35 ILCS 200/15-35)
Sec. 15-35. Schools. All property donated by the United States
for school purposes, and all property of schools, not sold or leased
or otherwise used with a view to profit, is exempt, whether owned by
a resident or non-resident of this State or by a corporation
incorporated in any state of the United States. Also exempt is:
(a) property of schools which is leased to a municipality
to be used for municipal purposes on a not-for-profit basis;
(b) property of schools on which the schools are located
and any other property of schools used by the schools exclusively
for school purposes, including, but not limited to, student
residence halls, dormitories and other housing facilities for
students and their spouses and children, staff housing
facilities, and school-owned and operated dormitory or residence
halls occupied in whole or in part by students who belong to
fraternities, sororities, or other campus organizations;
(c) property donated, granted, received or used for public
school, college, theological seminary, university, or other
educational purposes, whether held in trust or absolutely; and
(d) in counties with more than 200,000 inhabitants which
classify property, property (including interests in land and
other facilities) on or adjacent to (even if separated by a
public street, alley, sidewalk, parkway or other public way) the
grounds of a school, if that property is used by an academic,
research or professional society, institute, association or
organization which serves the advancement of learning in a field
or fields of study taught by the school and which property is not
used with a view to profit; and.
(e) property owned by a school district. The exemption
under this subsection is not affected by any transaction in
which, for the purpose of obtaining financing, the school
district, directly or indirectly, leases or otherwise transfers
the property to another for which or whom property is not exempt
and immediately after the lease or transfer enters into a
leaseback or other agreement that directly or indirectly gives
the school district a right to use, control, and possess the
property. In the case of a conveyance of the property, the
school district must retain an option to purchase the property at
a future date or, within the limitations period for reverters,
the property must revert back to the school district.
(1) If the property has been conveyed as described in
this subsection, the property is no longer exempt under
this Section as of the date when:
(A) the right of the school district to use,
control, and possess the property is terminated;
(B) the school district no longer has an option
to purchase or otherwise acquire the property; and
(C) there is no provision for a reverter of the
property to the school district within the limitations
period for reverters.
(2) Pursuant to Sections 15-15 and 15-20 of this Code,
the school district shall notify the chief county assessment
officer of any transaction under this subsection. The chief
county assessment officer shall determine initial and
continuing compliance with the requirements of this
subsection for tax exemption. Failure to notify the chief
county assessment officer of a transaction under this
subsection or to otherwise comply with the requirements of
Sections 15-15 and 15-20 of this Code shall, in the
discretion of the chief county assessment officer,
constitute cause to terminate the exemption, notwithstanding
HOUSE OF REPRESENTATIVES 3337
any other provision of this Code.
(3) No provision of this subsection shall be construed
to affect the obligation of the school district to which an
exemption certificate has been issued under this Section
from its obligation under Section 15-10 of this Code to file
an annual certificate of status or to notify the chief
county assessment officer of transfers of interest or other
changes in the status of the property as required by this
Code.
(4) The changes made by this amendatory Act of the
91st General Assembly are declarative of existing law and
shall not be construed as a new enactment.
(Source: P.A. 90-655, eff. 7-30-98.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 73. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 73
AMENDMENT NO. 1. Amend Senate Bill 73 by replacing everything
after the enacting clause with the following:
"Section 5. The Meat and Poultry Inspection Act is amended by
changing Section 5 as follows:
(225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
Sec. 5. Exemptions - Producers, Retailers, Custom Slaughterers,
Poultry Raisers, and Custom Processors. Within the meaning of this
Act:
(A) A "producer" means any person engaged in producing
agricultural products, on whose farm the number of animals or poultry
is in keeping with the size of the farm or with the volume or
character of the agricultural products produced thereon, but does not
mean any person engaged in producing agricultural products who:
1. actively engages in buying or trading animals or poultry or
both; or
2. actively engages directly or indirectly in conducting a
business which includes the slaughter of animals or poultry or both,
for human food purposes; or
3. actively engages, directly or indirectly, in canning, curing,
pickling, freezing, salting meat or poultry, or in preparing meat or
poultry products for sale; or
4. slaughters or permits any person to slaughter on his or their
farm animals or poultry not owned by the producer for more than 30
days.
The provisions of this Meat and Poultry Inspection Act requiring
inspection to be made by the Director of Agriculture do not apply to
animals or poultry slaughtered by any producer on his or her farm,
nor to animals or poultry slaughtered on the farm of the owners for
the personal or family use of such owner, nor to retail dealers or
retail butchers with respect to meat or poultry products sold
directly to consumers in retail stores; provided, that the only
processing operation performed by such retail dealers or retail
butchers is the cutting up of meat or poultry products which have
been inspected under the provisions of this Act and is incidental to
the operation of the retail food store. Meat or poultry products
3338 JOURNAL OF THE [May 4, 1999]
derived from animals or poultry slaughtered by any producer on the
farm which are canned, cured, pickled, frozen, salted or otherwise
prepared at any place other than by the producer on the farm upon
which the animals or poultry were slaughtered are not exempt under
the producer's exemption herein provided.
Any person who sells or offers for sale or transports meat or
poultry products which are unsound, unhealthful, unwholesome,
adulterated, or otherwise unfit for human food, or which have not
been inspected and passed by Department, Federal or recognized
municipal inspection, knowing that such meat or poultry products are
intended for human consumption, is guilty of a Class A misdemeanor
and shall be punished as provided by Section 19.
(B) The following types of establishments are exempt from
specific provisions of this Act:
1. Poultry raisers with respect to poultry raised on their own
farms or premises (a) if such raisers slaughter, eviscerate, or
further process not more than 5,000 1000 poultry during the calendar
year for which this exemption is being determined; (b) such poultry
raisers do not engage in buying or selling poultry products other
than those produced from poultry raised on their own farms or
premises; (c) such poultry or poultry products are slaughtered,
otherwise prepared, sold or delivered to the consumer on or from the
premises for which the exemption is given; (d) such slaughter or
preparation shall be performed in sanitary facilities, in a sanitary
manner, and subject to periodic inspection by Department personnel;
(e) persons desiring such exemptions shall submit in writing a
request to the Department. The exemption shall be effective upon
written notice from the Department and shall remain in effect for a
period of 2 years, unless revoked. Adequate records must be
maintained to assure that not more than the number of exempted
poultry are slaughtered or processed in one calendar year. Such
records shall be kept for one year following the termination of each
exemption. Any advertisement regarding the exempt poultry or poultry
products shall reflect the fact of exemption so as not to mislead the
consumer to presume official inspection has been made under "The Meat
and Poultry Inspection Act".
2. Type II Establishments licensed under this Act for custom
slaughtering and custom processing as defined in Sections 2.39 and
2.40 of this Act, who do not sell either meat products or poultry
products shall:
a. Be permitted to receive, for processing, meat products and
poultry products from animals and poultry slaughtered by the owner,
or for the owner, for his own personal use, or for use by his
household.
b. Be permitted to receive live animals and poultry presented by
the owner to be slaughtered and processed for the owner's own
personal use, or for use by his household.
c. Be permitted to receive, for processing, inspected meat
products and inspected poultry products for the owner's own personal
use or for use by his household.
d. Stamp the words "NOT FOR SALE" in letters at least 3/8 inches
in height on all carcasses of animals and poultry slaughtered in such
establishment and on all meat products and poultry products processed
in such establishment.
e. Conspicuously display a license issued by the Department and
bearing the words "NO SALES PERMITTED".
f. Keep a record of the name and address of the owner of each
carcass or portion thereof received in such licensed establishment,
the date received, and the dressed weight. Such records shall be
maintained for at least one year and shall be available, during
reasonable hours, for inspection by Department personnel.
HOUSE OF REPRESENTATIVES 3339
g. File an annual statement with the Department to the effect
that neither meat products nor poultry products are offered for sale.
h. No custom slaughterer or custom processor shall engage in the
business of buying or selling any poultry or meat products capable of
use as human food, or slaughter of any animals or poultry intended
for sale.
3. A Type I Establishment licensed under the authority of this
Act who sells, or offers for sale, meat, meat product, poultry and
poultry product shall except as otherwise provided:
a. Be permitted to receive meat, meat product, poultry and
poultry product for cutting, processing, preparing, packing,
wrapping, chilling, freezing, sharp freezing or storing, provided it
bears an official mark of State of Illinois or of Federal Inspection.
b. Be permitted to receive live animals and poultry for
slaughter provided all animals and poultry are properly presented for
prescribed inspection by a Department employee.
c. May accept meat, meat product, poultry and poultry product
for sharp freezing or storage provided that prior to entry, the meat,
meat product, poultry and poultry product has been wrapped or
packaged and marked "NOT FOR SALE" as prescribed in subparagraph d of
paragraph 4 of subsection (B) of this Section.
d. An operator licensed under this Act to slaughter and process
poultry shall be permitted to receive for slaughter and cutting up
poultry delivered to him by the owner thereof exclusively for use in
the household of such owner, by him and members of his household, his
nonpaying guests, and employees. Such poultry shall be exempt from
inspection provided the operator:
(i) Keeps such poultry, poultry carcasses and parts thereof
separate from all other meat, meat products, poultry and poultry
products at all times while on the premises.
(ii) Thoroughly cleans and disinfects all facilities and
equipment with which such poultry or parts come in contact upon
completion of slaughter and cutting up.
(iii) Stamps the words "NOT FOR SALE" as prescribed in
subparagraph d of paragraph 4 of subsection (B) of this Section on
each immediate package of such poultry or poultry parts.
(iv) Records the following information with regard to poultry
slaughtered or cut up in his licensed establishment:
(a) Name and address;
(b) Date received;
(c) Number and dressed weight of carcass.
(v) Such records shall be maintained for not less than one year
and shall be available for inspection by Department personnel during
reasonable business hours.
4. Any establishment licensed under the authority of this Act
that receives wild game carcasses shall comply with the following
requirements:
a. Wild game carcasses shall be dressed prior to entering the
processing or refrigerated areas of the licensed establishment.
b. Wild game carcasses stored in the refrigerated area of the
licensed establishment shall be kept separate and apart from
inspected products.
c. A written request shall be made to the Department for listing
of the days and time of day wild game carcasses may be processed.
d. All equipment used which comes in contact with wild game
shall be thoroughly cleaned and sanitized prior to use on animal or
poultry carcasses.
5. Establishments in which operations in relation to meat or
poultry products consist entirely of storage of such products in
individual lockers at or below a temperature of 0 degrees F.
(C) The Director and any employee of the Department, in the
3340 JOURNAL OF THE [May 4, 1999]
performance of his or her duties under this Act, has power to call on
sheriffs and their deputies, and police officers, mayors of cities,
city and town marshals and policemen, to assist him or her in
carrying out its provisions; and it is the duty of all such officers
to assist in carrying out the provisions of this Act when ordered so
to do. The Director and any employees of the Department shall have,
while engaged in carrying out the provisions of this Act, the same
powers and protection as other peace officers. It is unlawful for
any such officer to fail or refuse to enforce the lawful orders and
quarantine of the Department.
(Source: P.A. 85-246.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 82. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Children
& Youth, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 82
AMENDMENT NO. 1. Amend Senate Bill 82 on page 1, by replacing
lines 19 and 20 with the following:
"registered nurse, licensed practical nurse, advanced practice nurse,
home health aide, director or staff assistant".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 40. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 40
AMENDMENT NO. 1. Amend Senate Bill 40 on page 9, line 11, by
replacing "and" with "or".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 124. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Registration & Regulation, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 124
AMENDMENT NO. 1. Amend Senate Bill 124, on page 5, line 21,
after "fee.", by inserting "The applicant shall be required to meet
the qualifications required for licensure at the time of
reapplication."; and
on page 6, immediately below line 24, by inserting the following:
HOUSE OF REPRESENTATIVES 3341
"Section 42. Implementation period. The licensure requirements
of Sections 30 and 40 shall not be enforced until 12 months after the
adoption of final administrative rules."; and
on page 11, immediately below line 12, by inserting the following:
"(b) All of the fees collected under this Act shall be deposited
into the General Professions Dedicated Fund. The monies deposited
into the Fund shall be appropriated to the Department for expenses of
the Department in the administration of this Act."; and
on page 11, line 13, by replacing "(b)" with "(c)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 147. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 147
AMENDMENT NO. 1. Amend Senate Bill 147 by replacing the title
with the following:
"AN ACT concerning legislative commissions."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Legislative Commission Reorganization Act of
1984 is amended by changing Section 1-1 as follows:
(25 ILCS 130/1-1) (from Ch. 63, par. 1001-1)
Sec. 1-1. This Act shall be known and may be cited as the
Legislative Commission Reorganization Act of 1984.
(Source: P.A. 83-1257.)".
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.
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: SENATE
BILL 163.
SENATE BILL 283. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 283
AMENDMENT NO. 1. Amend Senate Bill 283 as follows:
on page 1, by replacing lines 1 and 2 with the following:
"AN ACT concerning the powers and functions of the Department of
Commerce and Community Affairs."; and
on page 1, by deleting lines 5 through 19; and
on page 1, line 20, by replacing "10" with "5"; and
on page 4, line 9, by replacing "15" with "10"; and
on page 5, line 16, by replacing "20" with "15"; and
on page 6, by deleting lines 18 through 32; and
by deleting pages 7 through 66; and
on page 67, by deleting lines 1 through 22; and
on page 67, line 23, by replacing "65" with "20"; and
3342 JOURNAL OF THE [May 4, 1999]
on page 68, by deleting lines 12 through 30; and
by deleting pages 69 and 70; and
on page 71, by deleting lines 1 through 5.
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.
Having been printed, the following bill was taken up, read by
title a second time and held on the order of Second Reading: SENATE
BILL 561.
SENATE BILL 567. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 567
AMENDMENT NO. 1. Amend Senate Bill 567 as follows:
by replacing the title with the following:
"AN ACT concerning business organizations, amending named Acts.";
and
on page 1, below line 4, by inserting the following:
"Section 2. The Business Corporation Act of 1983 is amended by
changing Section 7.65 as follows:
(805 ILCS 5/7.65) (from Ch. 32, par. 7.65)
Sec. 7.65. Voting trust agreement.
(a) One or more Any number of shareholders of a corporation may
create a voting trust for the purpose of conferring upon a trustee or
trustees the right to vote or otherwise represent their shares for a
stated duration, which may be perpetual or for a fixed period or may
be determined by the occurrence of a stated condition or conditions,
for a period of not to exceed ten years, by entering into a written
voting trust agreement specifying the terms and conditions of the
voting trust, and by transferring the subject their shares to such
trustee or trustees pursuant to for the purposes of the agreement. If
the agreement or any amendment thereto does not contain a stated
duration, the trust shall terminate 10 years after the agreement
first became effective.
(b) No voting Any such trust agreement shall be not become
effective until a counterpart of the agreement is deposited with the
corporation at the corporation's its registered office. The
counterpart of the voting trust agreement so deposited with the
corporation shall be subject to the same right of examination by a
shareholder of the corporation, in person or by agent or attorney, as
is the record of shareholders of the corporation, and shall be
subject to examination as provided in Section 7.75 by any holder of a
beneficial interest in the voting trust as if that holder were a
shareholder, either in person or by agent or attorney, at any
reasonable time for any proper purpose.
(c) The rule against perpetuities does not apply to any voting
trust created in accordance with this Section.
(d) Every voting trust agreement entered into pursuant to this
Section is specifically enforceable in accordance with the principles
of equity.
(e) The changes made by this amendatory Act of the 91st General
Assembly apply only to voting trust agreements that are:
(1) entered into after the effective date of this
amendatory Act of the 91st General Assembly; or
HOUSE OF REPRESENTATIVES 3343
(2) amended after the effective date of this amendatory Act
of the 91st General Assembly to include a stated duration in
accordance with subsection (a).
(Source: P.A. 83-1025.)"; and
on page 2, below line 13, by inserting the following:
"Section 10. The Revised Uniform Limited Partnership Act is
amended by changing Section 108 as follows:
(805 ILCS 210/108) (from Ch. 106 1/2, par. 151-9)
Sec. 108. Assumed Name.
(a) A limited partnership or a foreign limited partnership
admitted to transact business in this State may elect to adopt an
assumed name that complies with the requirements of Section 102 of
this Act except the requirement that the name contain the words
"limited partnership" or the abbreviation "L.P.".
(b) As used in this Act, "assumed name" means any name other
than the true name of a limited partnership or the name under which a
foreign limited partnership is admitted to transact business in this
State, except that the following do not constitute the use of an
assumed name under this Act:
(1) The identification by a limited partnership or foreign
limited partnership of its business with a trademark or service
mark of which it is the owner or licensed user shall not
constitute the use of an assumed name under this Act.
(2) The use of a name of a division, not constituting a
separate limited partnership and not containing the words
"limited partnership" or an abbreviation of those words, provided
that the limited partnership also clearly discloses its true
name.
(c) Before transacting any business in this State under an
assumed name or names, the limited partnership or foreign limited
partnership shall, for each assumed name, execute and file in
accordance with Section 204 or 903 of this Act, as applicable, an
application setting forth:
(1) the true name of the limited partnership or the name
under which the foreign limited partnership is admitted to
transact business in this State;
(2) the State or other jurisdiction under the laws of which
it is formed;
(3) that it intends to transact business under an assumed
name; and
(4) the assumed name which it proposes to use.
(d) The right to use an assumed name shall be effective from the
date of filing by the Secretary of State until the first day of the
anniversary month of the limited partnership or foreign limited
partnership that falls within the next calendar year evenly divisible
by 5, however, if an application is filed within the 3 months
immediately preceding the anniversary month of a limited partnership
or foreign limited partnership that falls within a calendar year
evenly divisible by 5, the right to use the assumed name shall be
effective until the first day of the anniversary month of the limited
partnership or foreign limited partnership that falls within the next
succeeding year evenly divisible by 5.
(e) A limited partnership or foreign limited partnership may
renew the right to use its assumed name or names, if any, within the
60 days preceding the expiration of such right, for a period of 5
years, by making an election to do so on a form prescribed by the
Secretary of State and by paying the renewal fee as prescribed by
this Act.
(f) Any limited partnership or foreign limited partnership may
change or cancel any or all of its assumed names by executing and
filing, in duplicate, an application setting forth:
3344 JOURNAL OF THE [May 4, 1999]
(1) the true name of the limited partnership or the name
under which the foreign limited partnership is admitted to
transact business in this State;
(2) the state or country under the laws of which it is
organized;
(3) a statement that it intends to cease transacting
business under an assumed name by changing or cancelling it;
(4) the assumed name to be changed or cancelled;
(5) the assumed name which the limited partnership or
foreign limited partnership proposes to use, if it is to be
changed.
(g) Upon the filing of an application to change an assumed name,
the limited partnership or foreign limited partnership shall have the
right to use such assumed name for the period authorized by
subsection (d) of this Section.
(h) The right to use an assumed name shall be cancelled by the
Secretary of State:
(1) if the limited partnership or foreign limited
partnership fails to renew an assumed name;
(2) if the limited partnership or foreign limited
partnership has filed an application to change or cancel an
assumed name;
(3) if a limited partnership's certificate of limited
partnership or certificate to be governed by this Act has been
cancelled;
(4) if a foreign limited partnership's application for
admission to transact business has been cancelled.
(i) Any limited partnership or foreign limited partnership
carrying on, conducting or transacting business under an assumed name
which shall fail to comply with the provisions of this Section shall
be subject to the penalty provisions in Section 5 of "An Act in
relation to the use of an assumed name in the conduct or transaction
of business in this State", approved July 17, 1941, as amended.
(Source: P.A. 86-820; 86-836.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 653. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Higher
Education, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 653
AMENDMENT NO. 1. Amend Senate Bill 653 on page 1, line 5, after
"60", by inserting "and adding Section 113"; and
on page 13, immediately below line 33, by inserting the following:
"(110 ILCS 947/113 new)
Sec. 113. Federal Student Loan Fund; Student Loan Operating
Fund; Federal Reserve Recall Fund. The Commission shall create the
Federal Student Loan Fund, the Student Loan Operating Fund, and the
Federal Reserve Recall Fund. At the request of the Commission's
Executive Director, the Comptroller shall transfer funds, as
necessary, from the Student Assistance Commission Student Loan Fund
into the Federal Student Loan Fund, the Student Loan Operating Fund,
and the Federal Reserve Recall Fund. On or before August 31, 1999,
the Commission's Executive Director shall request the Comptroller to
transfer all funds from the Student Assistance Commission Student
HOUSE OF REPRESENTATIVES 3345
Loan Fund into any of the following funds: the Federal Student Loan
Fund, the Student Loan Operating Fund, or the Federal Reserve Recall
Fund. On September 1, 1999, the Student Assistance Commission
Student Loan Fund is abolished. Any future liabilities of this
abolished fund shall be assignable to the appropriate fund created as
one of its successors.
Section 99. Effective date. This Act takes effect July 1,
1999.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 673. 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:
AMENDMENT NO. 1 TO SENATE BILL 673
AMENDMENT NO. 1. Amend Senate Bill 673 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Criminal Justice Information Act is
amended by adding Section 7.1 as follows:
(20 ILCS 3930/7.1 new)
Sec. 7.1. Sexual assault nurse examiner pilot program.
(a) Legislative findings and intent. The General Assembly finds
that the compassionate treatment of sexual assault victims in
hospital emergency rooms is necessary to help alleviate the suffering
of sexual assault victims. The General Assembly also finds that the
effective collection and presentation of forensic evidence in sexual
assault cases is necessary to increase the success rate of
prosecutions for sex crimes in Illinois.
The General Assembly intends to create a pilot program to
establish 4 sexual assault nurse examiner (SANE) projects in the
State of Illinois. For each project, specially trained sexual
assault nurse examiners or specially trained sexual assault physician
examiners will provide health assessments and collect forensic
evidence from sexual assault victims in the emergency room. The
sexual assault nurse examiners or sexual assault physician examiners
will also testify to victims' injuries during criminal prosecutions.
(b) Definitions. In this Section:
(1) "Sexual assault nurse examiner" means a registered
nurse who has completed a sexual assault nurse examiner (SANE)
training program that meets the Forensic Sexual Assault Nurse
Examiner Education Guidelines established by the International
Association of Forensic Nurses.
(2) "Sexual assault physician examiner" means a physician
licensed to practice medicine in all its branches who has
completed a sexual assault nurse examiner (SANE) training program
that meets the Forensic Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
(3) "Hospital" means a facility licensed by the Department
of Public Health under the Hospital Licensing Act or that meets
both the definition of hospital and the exemption provisions of
that Act.
(4) "Hospital emergency services" means the health care
delivered to outpatients within or under the care and supervision
of personnel working in a designated emergency department or
3346 JOURNAL OF THE [May 4, 1999]
emergency room of a hospital.
(c) SANE pilot program. The Authority shall, subject to
appropriation, establish a SANE pilot program to operate 4 pilot
projects in Illinois. The projects shall be established in the
emergency rooms of hospitals in 4 counties geographically distributed
throughout the State. Hospitals located throughout the State may
apply to the Authority to participate in the program. Each project
must provide the following services:
(1) Compassionate health assessment and effective forensic
evidence collection for sexual assault victims by a trained
sexual assault nurse examiner or sexual assault physician
examiner in a hospital emergency room as part of the provision of
hospital emergency services.
(2) Presentation of testimony regarding victims' injuries
during criminal prosecutions for sex offenses.
(d) Each of the SANE projects established under this pilot
program must, at a minimum, meet the Sexual Assault Nurse Examiner
Standards of Practice established by the International Association of
Forensic Nurses.
(e) Each of the 4 pilot projects established by the Authority
under this Section shall be in existence for a minimum of 3 years.
(f) Report. No later than 2 years after the establishment of
pilot projects under this Section, the Authority must report to the
General Assembly on the efficacy of SANE programs.
(g) Rules. The Authority shall adopt rules to implement this
Section.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 746. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 746
AMENDMENT NO. 1. Amend Senate Bill 746 by replacing everything
after the enacting clause with the following:
"Section 1. Nature of this Act.
(a) This Act may be cited as the Second 1999 General Revisory
Act.
(b) This Act is not intended to make any substantive change in
the law. It reconciles conflicts that have arisen from multiple
amendments and enactments and makes technical corrections and
revisions in the law.
This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one Public Act.
In certain cases in which a repealed Act or Section has been replaced
with a successor law, this Act incorporates amendments to the
repealed Act or Section into the successor law. This Act also
corrects errors, revises cross-references, and deletes obsolete text.
(c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois that
were used in the preparation of the text of that Section. The text
of the Section included in this Act is intended to include the
different versions of the Section found in the Public Acts included
in the list of sources, but may not include other versions of the
Section to be found in Public Acts not included in the list of
HOUSE OF REPRESENTATIVES 3347
sources. The list of sources is not a part of the text of the
Section.
(d) Public Acts 90-810 through 90-815 were considered in the
preparation of the combining revisories included in this Act.
Combining revisories often contain no striking or underscoring
because no additional changes are being made in the material that is
being combined.
(e) The version of Section 3 of the Voluntary Payroll Deductions
Act that is included in Section 4 of this revisory Act is intended to
control over and replace the version found in House Bill 745 of the
91st General Assembly, which inadvertently contains material derived
from the introduced (rather than enrolled) form of the bill that
became Public Act 90-487.
Section 4. The Voluntary Payroll Deductions Act is amended by
changing Section 3 as follows:
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the context
otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to the State
of Illinois.
(b) "Qualified organization" means an organization representing
one or more benefiting agencies, which organization is designated by
the State Comptroller as qualified to receive payroll deductions
under this Act. An organization desiring to be designated as a
qualified organization shall:
(1) Submit written designations on forms approved by the
State Comptroller by 4,000 or more employees, in which such
employees indicate that the organization is one for which the
employee intends to authorize withholding. The forms shall
require the name, social security number, and employing State
agency for each employee. Upon notification by the Comptroller
that such forms have been approved, the organization shall,
within 30 days, notify in writing the Governor or his designee of
its intention to obtain the required number of designations.
Such organization shall have 12 months from that date, to obtain
the necessary designations. The signed forms and signatures on
the forms shall be subject to verification by the State
Comptroller;
(2) Certify that all benefiting agencies are tax exempt
under Section 501(c)(3) of the Internal Revenue Code;
(3) Certify that all benefiting agencies are in compliance
with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in compliance
with the Charitable Trust Act and the Solicitation for Charity
Act;
(5) Certify that all benefiting agencies actively conduct
health or welfare programs and provide services to individuals
directed at one or more of the following common human needs
within a community: service, research, and education in the
health fields; family and child care services; protective
services for children and adults; services for children and
adults in foster care; services related to the management and
maintenance of the home; day care services for adults;
transportation services; information, referral and counseling
services; services to eliminate illiteracy; the preparation and
delivery of meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety services;
neighborhood and community organization services; recreation
services; social adjustment and rehabilitation services; health
support services; or a combination of such services designed to
3348 JOURNAL OF THE [May 4, 1999]
meet the special needs of specific groups, such as children and
youth, the ill and infirm, and the physically handicapped; and
that all such benefiting agencies provide the above described
services to individuals and their families in the community and
surrounding area in which the organization conducts its fund
drive, or that such benefiting agencies provide relief to victims
of natural disasters and other emergencies on a where and as
needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts from
employees that are distributed to the benefiting agencies and the
percentage of the organization's total collected receipts from
employees that are expended for fund-raising and overhead costs.
These percentages shall be the same percentage figures annually
disclosed by the organization to the Attorney General. The
disclosure shall be made to all solicited employees and shall be
in the form of a factual statement on all petitions and in the
campaign's employee brochure;
(7) Certify that all benefiting agencies receiving funds
which the employee has requested or designated for distribution
to a particular community and surrounding area use a majority of
such funds distributed for services in the actual provision of
services in that community and surrounding area;
(8) Certify that neither it nor its member organizations
will solicit State employees for contributions at their
workplace, except pursuant to this Act and the rules promulgated
thereunder. Each qualified organization, and each participating
United Fund, is encouraged to cooperate with all others and with
all State agencies and educational institutions so as to simplify
procedures, to resolve differences and to minimize costs;
(9) Certify that it will pay its share of the campaign
costs and will comply with the Code of Campaign Conduct as
approved by the Governor or other agency as designated by the
Governor; and
(10) Certify that it maintains a year-round office, the
telephone number, and person responsible for the operations of
the organization in Illinois. That information shall be provided
to the State Comptroller at the time the organization is seeking
participation under this Act.
Each qualified organization shall submit to the State Comptroller
between January 1 and March 1 of each year, a statement that the
organization is in compliance with all of the requirements set forth
in paragraphs (2) through (10). The State Comptroller shall exclude
any organization that fails to submit the statement from the next
solicitation period.
In order to be designated as a qualified organization, the
organization shall have existed at least 2 years prior to submitting
the written designation forms required in paragraph (1) and shall
certify to the State Comptroller that such organization has been
providing services described in paragraph (5) in Illinois. If the
organization seeking designation represents more than one benefiting
agency, it need not have existed for 2 years but shall certify to the
State Comptroller that each of its benefiting agencies has existed
for at least 2 years prior to submitting the written designation
forms required in paragraph (1) and that each has been providing
services described in paragraph (5) in Illinois.
Organizations which have met the requirements of this Act shall
be permitted to participate in the State and Universities Combined
Appeal as of January 1st of the year immediately following their
approval by the Comptroller.
Where the certifications described in paragraphs (2), (3), (4),
HOUSE OF REPRESENTATIVES 3349
(5), (6), (7), (8), (9), and (10) 2, 3, 4, 5, 6, 7, 8, 9, and 10
above are made by an organization representing more than one
benefiting agency they shall be based upon the knowledge and belief
of such qualified organization. Any qualified organization shall
immediately notify the State Comptroller in writing if the qualified
organization receives information or otherwise believes that a
benefiting agency is no longer in compliance with the certification
of the qualified organization. A qualified organization representing
more than one benefiting agency shall thereafter withhold and refrain
from distributing to such benefiting agency those funds received
pursuant to this Act until the benefiting agency is again in
compliance with the qualified organization's certification. The
qualified organization shall immediately notify the State Comptroller
of the benefiting agency's resumed compliance with the certification,
based upon the qualified organization's knowledge and belief, and
shall pay over to the benefiting agency those funds previously
withheld.
The Comptroller shall, by February 1st of each year, so notify
any qualified organization that failed to receive at least 500
payroll deduction pledges during each immediately preceding
solicitation period as set forth in Section 6. The notification
shall give such qualified organization until March 1st to provide the
Comptroller with documentation that the 500 deduction requirement has
been met. On the basis of all the documentation, the Comptroller
shall, by March 15th of each year, submit to the Governor or his
designee, or such other agency as may be determined by the Governor,
a list of all organizations which have met the 500 payroll deduction
requirement. Only those organizations which have met such
requirements, as well as the other requirements of this Section,
shall be permitted to solicit State employees for voluntary
contributions and the Comptroller shall discontinue withholding for
any such organization which fails to meet these requirements.
(c) "United Fund" means the organization conducting the single,
annual, consolidated effort to secure funds for distribution to
agencies engaged in charitable and public health, welfare and
services purposes, which is commonly known as the United Fund, or the
organization which serves in place of the United Fund organization in
communities where an organization known as the United Fund is not
organized.
(d) "State and Universities Employees Combined Appeal" (SECA),
otherwise known as "SECA", means the State-directed joint effort of
all of the qualified organizations, together with the United Funds,
for the solicitation of voluntary contributions from State and
University employees.
In order for a United Fund to participate in the State and
Universities Employees Combined Appeal, it shall comply with the
provisions of Section 3, paragraph (9) of subsection (b).
(Source: P.A. 90-487, eff. 8-17-97; revised 4-16-99.)
Section 5. The Election Code is amended by changing Section
6-35.03 as follows:
(10 ILCS 5/6-35.03) (from Ch. 46, par. 6-35.03)
Sec. 6-35.03. The State Board of Elections shall design a
registration record card which, except as otherwise provided in this
Section, shall be used in triplicate by all election authorities in
the State, beginning with registrations taken on or after January 1,
1986. The Board shall prescribe the form and specifications,
including but not limited to the weight of paper, color and print of
such cards. Such cards shall contain boxes or spaces for the
information required under Sections 6-31.1 and 6-35 of this Code;
provided, that such cards shall also contain a box or space for the
applicant's driver's license number, or where allowable the
3350 JOURNAL OF THE [May 4, 1999]
applicant's social security number, if any, and a box for the
applicant's telephone number, if available.
The original and duplicate cards shall respectively constitute
the master file and precinct binder registration records of the
voter. The triplicate card shall be given to the applicant upon
completion of his or her registration or completed transfer of
registration.
Whenever a voter moves to another precinct within the same
election jurisdiction or to another election jurisdiction in the
State, such voter may transfer his or her registration by presenting
his or her triplicate card to the election authority or a deputy
registrar. If such voter is not in possession of or has lost his or
her triplicate card, he or she may effect a transfer of registration
by executing an Affidavit of Cancellation of Previous Registration.
In the case of a transfer of registration to a new election
jurisdiction, the election authority shall transmit the voter's
triplicate card or such affidavit to the election authority of the
voter's former election jurisdiction, which shall immediately cause
the transmission of the voter's previous registration card to the
voter's new election authority. No transfer of registration to a new
election jurisdiction shall be complete until the voter's old
election authority receives notification.
Deputy registrars shall return all triplicate cards or Affidavits
of Cancellation of Previous Registration to the election authority
within 7 working days after the receipt thereof. Such cards or
Affidavits of Cancellation of Previous Registration received by the
deputy registrars between the 35th and 28th day preceding an election
shall be returned by the deputy registrars within 48 hours after
receipt thereof. Such cards or Affidavits of Cancellation of
Previous Registration received by the deputy registrars on the 28th
day preceding an election shall be returned by the deputy registrars
to the election authority within 24 hours after receipt thereof.
The date by which an election authority is required to take
registrations in compliance with this Section may be extended by the
State Board of Elections to a date no later than July 1, 1986, where,
prior to January 1, 1986, the Board has received a written request
for such an extension from the election authority and such request
has shown good cause for the extension.
In the case of a transfer of registration to a new election
jurisdiction, the election authority shall transmit the voter's
triplicate card or such affidavit to the election authority of the
voter's former election jurisdiction, which shall immediately cause
the transmission of the voter's previous registration card to the
voter's new election authority. No transfer of registration to a new
election jurisdiction shall be complete until the voter's old
election authority receives notification.
Deputy registrars shall return all triplicate cards or Affidavits
of Cancellation of Previous Registration to the election authority
within 7 working days after the receipt thereof, except that the
deputy registrars shall return the cards or Affidavits of
Cancellation of Previous Registration received by them between the
35th and 28th day preceding an election to the election authority
within 48 hours after the receipt thereof.
Such cards or Affidavits of Cancellation of Previous Registration
received during the 28th day preceding an election shall be returned
by the deputy registrars to the election authority within 24 hours
after receipt thereof.
(Source: P.A. 86-873; revised 1-28-99.)
Section 10. The Service Occupation Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
HOUSE OF REPRESENTATIVES 3351
Sec. 3-5. Exemptions. The following tangible personal property
is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by any not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-55 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
3352 JOURNAL OF THE [May 4, 1999]
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical
appliances, and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, when purchased for use by a
person receiving medical assistance under Article 5 of the Illinois
Public Aid Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock for
direct agricultural production.
(15) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(16) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
HOUSE OF REPRESENTATIVES 3353
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(19) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98; revised 2-10-99.)
Section 15. The Retailers' Occupation Tax Act is amended by
changing Section 2-5 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt from the
tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (2). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 2-70 3-75.
(3) Distillation machinery and equipment, sold as a unit or kit,
assembled or installed by the retailer, certified by the user to be
used only for the production of ethyl alcohol that will be used for
3354 JOURNAL OF THE [May 4, 1999]
consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(4) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(5) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through access to the living
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Proceeds of that portion of the selling price of a passenger
car the sale of which is subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the county
fair.
(9) Personal property sold to a not-for-profit music or dramatic
arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c) (3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or to a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active identification number
issued by the Department.
(12) Personal property sold to interstate carriers for hire for
use as rolling stock moving in interstate commerce or to lessors
under leases of one year or longer executed or in effect at the time
of purchase by interstate carriers for hire for use as rolling stock
moving in interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by the
Federal Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate carriers
for hire for use as rolling stock moving in interstate commerce and
equipment operated by a telecommunications provider, licensed as a
HOUSE OF REPRESENTATIVES 3355
common carrier by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the purchaser,
or a lessee of the purchaser, primarily in the process of
manufacturing or assembling tangible personal property for wholesale
or retail sale or lease, whether the sale or lease is made directly
by the manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether the sale or lease is made apart from or as an
incident to the seller's engaging in the service occupation of
producing machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately stated on
customers' bills for purchase and consumption of food and beverages,
to the extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or cleaning up
the food or beverage function with respect to which the service
charge is imposed.
(16) Petroleum products sold to a purchaser if the seller is
prohibited by federal law from charging tax to the purchaser.
(17) Tangible personal property sold to a common carrier by rail
or motor that receives the physical possession of the property in
Illinois and that transports the property, or shares with another
common carrier in the transportation of the property, out of Illinois
on a standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a destination
outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(19) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(21) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(22) Fuel and petroleum products sold to or used by an air
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(23) A transaction in which the purchase order is received by a
florist who is located outside Illinois, but who has a florist
located in Illinois deliver the property to the purchaser or the
3356 JOURNAL OF THE [May 4, 1999]
purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships, barges, or
vessels that are used primarily in or for the transportation of
property or the conveyance of persons for hire on rivers bordering on
this State if the fuel is delivered by the seller to the purchaser's
barge, ship, or vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident even
though the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State, and if
a driveaway decal permit is issued to the motor vehicle as provided
in Section 3-603 of the Illinois Vehicle Code or if the nonresident
purchaser has vehicle registration plates to transfer to the motor
vehicle upon returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state registration plates
to be transferred is prima facie evidence that the motor vehicle will
not be titled in this State.
(26) Semen used for artificial insemination of livestock for
direct agricultural production.
(27) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(28) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(29) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(30) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(31) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-519, eff. 6-1-98; 90-552, eff.
12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.)
Section 20. The Telecommunications Municipal Infrastructure
Maintenance Fee Act is amended by changing Section 5 as follows:
HOUSE OF REPRESENTATIVES 3357
(35 ILCS 635/5)
Sec. 5. Legislative intent. The General Assembly imposed a tax
on invested capital of utilities to partially replace the personal
property tax that was abolished by the Illinois Constitution of 1970.
Since that tax was imposed, telecommunications retailers have evolved
from utility status into an increasingly competitive industry serving
the public. This Act is intended to abolish the invested capital tax
on telecommunications retailers (that is, persons engaged in the
business of transmitting messages and acting as a retailer of
telecommunications as defined in Section 2 of the Telecommunications
Excise Tax Act). Cellular telecommunications Telecummunications
retailers have already been excluded from application of the invested
capital tax by earlier legislative action.
This Act is also intended to abolish municipal franchise fees
with respect to telecommunications retailers, create a uniform system
for the collection and distribution of fees associated with the
privilege of use of the public right of way for telecommunications
activity, and provide municipalities with a comprehensive method of
compensation for telecommunications activity including the recovery
of reasonable costs of regulating the use of the public rights-of-way
for telecommunications activity.
(Source: P.A. 90-154, eff. 1-1-98; revised 2-10-99.)
Section 25. The Counties Code is amended by changing Section
5-1211 as follows:
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may upon a formal request by
the city, village or incorporated town demolish, repair, or enclose
or cause the demolition, repair, or enclosure of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the territory
of the county, but outside the territory of any municipality, and may
remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
In any county having adopted, by referendum or otherwise, a county
health department as provided by Division 5-25 of the Counties Code
or its predecessor, the county board of any such county may upon a
formal request by the city, village, or incorporated town demolish,
repair or cause the demolition or repair of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the territory
of any city, village, or incorporated town having a population of
less than 50,000.
The county board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action
to be taken with respect to a building if the owner or owners of the
building, including the lien holders of record, after at least 15
days' written notice by mail to do so, have failed to commence
proceedings to put the building in a safe condition or to demolish it
or (ii) for an order requiring the owner or owners of record to
demolish, repair, or enclose the building or to remove garbage,
debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of
action that the building is boarded up or otherwise enclosed,
although the court may order the defendant to have the building
boarded up or otherwise enclosed. Where, upon diligent search, the
identity or whereabouts of the owner or owners of the building,
including the lien holders of record, is not ascertainable, notice
mailed to the person or persons in whose name the real estate was
last assessed and the posting of such notice upon the premises sought
to be demolished or repaired is sufficient notice under this Section.
The hearing upon the application to the circuit court shall be
expedited by the court and shall be given precedence over all other
3358 JOURNAL OF THE [May 4, 1999]
suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder of
record, including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is recoverable from the
owner or owners of the real estate or the previous owner or both if
the property was transferred during the 15 day notice period and is a
lien on the real estate; the lien is superior to all prior existing
liens and encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the lien
holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the
office of the recorder in the county in which the real estate is
located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles
(Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and
(3) the date or dates when the cost and expense was incurred by the
county, the lien holder of record, or the intervenor. Upon payment of
the cost and expense by the owner of or persons interested in the
property after the notice of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has been
filed, or the assignee of the lien, and the release may be filed of
record as in the case of filing notice of lien. Unless the lien is
enforced under subsection (b), the lien may be enforced by
foreclosure proceedings as in the case of mortgage foreclosures under
Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the county from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (b).
If the appropriate official of any county determines that any
dangerous and unsafe building or uncompleted and abandoned building
within its territory fulfills the requirements for an action by the
county under the Abandoned Housing Rehabilitation Act, the county may
petition under that Act in a proceeding brought under this
subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this subsection
(b) in the same proceeding in which the lien is authorized.
A county desiring to enforce a lien under this subsection (b)
shall petition the court to retain jurisdiction for foreclosure
proceedings under this subsection. Notice of the petition shall be
served, by certified or registered mail, on all persons who were
served notice under subsection (a). The court shall conduct a
hearing on the petition not less than 15 days after the notice is
served. If the court determines that the requirements of this
subsection (b) have been satisfied, it shall grant the petition and
retain jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the county,
including court costs, reasonable attorneys' fees, advances to
preserve the property, and other costs related to the enforcement of
HOUSE OF REPRESENTATIVES 3359
this subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or owners of
the real estate. If the court denies the petition, the county may
enforce the lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil
Procedure as necessary parties in a mortgage foreclosure action shall
be joined as parties before issuance of an order of foreclosure.
Persons designated in Section 15-1501 of the Code of Civil Procedure
as permissible parties may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure
applicable to mortgage foreclosures shall apply to the foreclosure of
a lien under this subsection (b), except to the extent that those
provisions are inconsistent with this subsection. For purposes of
foreclosures of liens under this subsection, however, the redemption
period described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of the
order of foreclosure.
(c) In addition to any other remedy provided by law, the county
board of any county may petition the circuit court to have property
declared abandoned under this subsection (c) if:
(1) the property has been tax delinquent for 2 or more
years or bills for water service for the property have been
outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any Illinois land
trust having title to the property, shall be named as defendants in
the petition and shall be served with process. In addition, service
shall be had under Section 2-206 of the Code of Civil Procedure as in
other cases affecting property.
The county, however, may proceed under this subsection in a
proceeding brought under subsection (a). Notice of the petition
shall be served by certified or registered mail on all persons who
were served notice under subsection (a).
If the county proves that the conditions described in this
subsection exist and the owner of record of the property does not
enter an appearance in the action, or, if title to the property is
held by an Illinois land trust, if neither the owner of record nor
the owner of the beneficial interest of the trust enters an
appearance, the court shall declare the property abandoned.
If that determination is made, notice shall be sent by certified
or registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, stating that title
to the property will be transferred to the county unless, within 30
days of the notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the property
files with the court a request to demolish the dangerous or unsafe
building or to put the building in safe condition.
If the owner of record enters an appearance in the action within
the 30 day period, the court shall vacate its order declaring the
property abandoned. In that case, the county may amend its complaint
in order to initiate proceedings under subsection (a).
If a request to demolish or repair the building is filed within
the 30 day period, the court shall grant permission to the requesting
party to demolish the building within 30 days or to restore the
building to safe condition within 60 days after the request is
granted. An extension of that period for up to 60 additional days
may be given for good cause. If more than one person with an
3360 JOURNAL OF THE [May 4, 1999]
interest in the property files a timely request, preference shall be
given to the person with the lien or other interest of the highest
priority.
If the requesting party proves to the court that the building has
been demolished or put in a safe condition within the period of time
granted by the court, the court shall issue a quitclaim judicial deed
for the property to the requesting party, conveying only the interest
of the owner of record, upon proof of payment to the county of all
costs incurred by the county in connection with the action, including
but not limited to court costs, attorney's fees, administrative
costs, the costs, if any, associated with building enclosure or
removal, and receiver's certificates. The interest in the property
so conveyed shall be subject to all liens and encumbrances on the
property. In addition, if the interest is conveyed to a person
holding a certificate of purchase for the property under the Property
Tax Code, the conveyance shall be subject to the rights of redemption
of all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a timely
request or if the requesting party fails to demolish the building or
put the building in safe condition within the time specified by the
court, the county may petition the court to issue a judicial deed for
the property to the county. A conveyance by judicial deed shall
operate to extinguish all existing ownership interests in, liens on,
and other interest in the property, including tax liens.
(d) Each county may use the provisions of this subsection to
expedite the removal of certain buildings that are a continuing
hazard to the community in which they are located.
If a residential building is 2 stories or less in height as
defined by the county's building code, and the official designated to
be in charge of enforcing the county's building code determines that
the building is open and vacant and an immediate and continuing
hazard to the community in which the building is located, then the
official shall be authorized to post a notice not less than 2 feet by
2 feet in size on the front of the building. The notice shall be
dated as of the date of the posting and shall state that unless the
building is demolished, repaired, or enclosed, and unless any
garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the
building may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances or
materials may be removed, by the county.
Not later than 30 days following the posting of the notice, the
county shall do both of the following:
(1) Cause to be sent, by certified mail, return receipt
requested, a notice to all owners of record of the property, the
beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating
the intent of the county to demolish, repair, or enclose the
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published or
circulated in the county where the building is located, a notice
setting forth (i) the permanent tax index number and the address
of the building, (ii) a statement that the property is open and
vacant and constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends to
demolish, repair, or enclose the building or remove any garbage,
debris, or other hazardous, noxious, or unhealthy substances or
HOUSE OF REPRESENTATIVES 3361
materials if the owner or owners or lienholders of record fail to
do so. This notice shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county board
may file his or her objection in an appropriate form in a court of
competent jurisdiction.
If the building is not demolished, repaired, or enclosed, or the
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials are not removed, within 30 days of mailing the notice to
the owners of record, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders of record in
the property, or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the power to
demolish, repair, or enclose the building or to remove any garbage,
debris, or other hazardous, noxious, or unhealthy substances or
materials.
The county may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection within a
120-day period following the date of the mailing of the notice if the
appropriate official determines that the demolition, repair,
enclosure, or removal of any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials is necessary to remedy
the immediate and continuing hazard. If, however, before the county
proceeds with any of the actions authorized by this subsection, any
person has sought a hearing under this subsection before a court and
has served a copy of the complaint on the chief executive officer of
the county, then the county shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to remedy
the hazard and issues an order authorizing the county to do so.
Following the demolition, repair, or enclosure of a building, or
the removal of garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection, the county
may file a notice of lien against the real estate for the cost of the
demolition, repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the cost and
expense incurred, in the office of the recorder in the county in
which the real estate is located or in the office of the registrar of
titles of the county if the real estate affected is registered under
the Registered Titles (Torrens) Act. The notice of lien shall
consist of a sworn statement setting forth (i) a description of the
real estate, such as the address or other description of the
property, sufficient for its identification; (ii) the expenses
incurred by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses were
incurred by the county; (iv) a statement by the official responsible
for enforcing the building code that the building was open and vacant
and constituted an immediate and continuing hazard to the community;
(v) a statement by the official that the required sign was posted on
the building, that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the notice was
published. The lien authorized by this subsection may thereafter be
released or enforced by the county as provided in subsection (a).
(Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97; 90-517, eff.
8-22-97; revised 3-4-99.)
Section 30. The School Code is amended by changing Section
18-8.05 as follows:
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State financial
aid and supplemental general State aid to the common schools for the
3362 JOURNAL OF THE [May 4, 1999]
1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the 1998-1999 and
subsequent school years. The system of general State financial aid
provided for in this Section is designed to assure that, through a
combination of State financial aid and required local resources, the
financial support provided each pupil in Average Daily Attendance
equals or exceeds a prescribed per pupil Foundation Level. This
formula approach imputes a level of per pupil Available Local
Resources and provides for the basis to calculate a per pupil level
of general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount of per
pupil general State financial aid for school districts, in general,
varies in inverse relation to Available Local Resources. Per pupil
amounts are based upon each school district's Average Daily
Attendance as that term is defined in this Section.
(2) In addition to general State financial aid, school districts
with specified levels or concentrations of pupils from low income
households are eligible to receive supplemental general State
financial aid grants as provided pursuant to subsection (H). The
supplemental State aid grants provided for school districts under
subsection (H) shall be appropriated for distribution to school
districts as part of the same line item in which the general State
financial aid of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section, school
districts are required to file claims with the State Board of
Education, subject to the following requirements:
(a) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school year
any claim upon the Common School Fund. In case of nonrecognition
of one or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily Attendance in
the attendance center or centers bear to the Average Daily
Attendance in the school district. A "recognized school" means
any public school which meets the standards as established for
recognition by the State Board of Education. A school district
or attendance center not having recognition status at the end of
a school term is entitled to receive State aid payments due upon
a legal claim which was filed while it was recognized.
(b) School district claims filed under this Section are
subject to Sections 18-9, 18-10, and 18-12, except as otherwise
provided in this Section.
(c) If a school district operates a full year school under
Section 10-19.1, the general State aid to the school district
shall be determined by the State Board of Education in accordance
with this Section as near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the board of
any district receiving any of the grants provided for in this Section
may apply those funds to any fund so received for which that board is
authorized to make expenditures by law.
School districts are not required to exert a minimum Operating
Tax Rate in order to qualify for assistance under this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in subsection (C)
and utilized in deriving per pupil financial support levels.
(b) "Available Local Resources": A computation of local
HOUSE OF REPRESENTATIVES 3363
financial support, calculated on the basis of Average Daily
Attendance and derived as provided pursuant to subsection (D).
(c) "Corporate Personal Property Replacement Taxes": Funds
paid to local school districts pursuant to "An Act in relation to
the abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and repealing
certain Acts and parts of Acts in connection therewith",
certified August 14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per pupil
financial support as provided for in subsection (B).
(e) "Operating Tax Rate": All school district property
taxes extended for all purposes, except Bond and Interest, Summer
School, Rent, Capital Improvement, and Vocational Education
Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the State
representing the minimum level of per pupil financial support that
should be available to provide for the basic education of each pupil
in Average Daily Attendance. As set forth in this Section, each
school district is assumed to exert a sufficient local taxing effort
such that, in combination with the aggregate of general State
financial aid provided the district, an aggregate of State and local
resources are available to meet the basic education needs of pupils
in the district.
(2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the Foundation
Level of support is $4,325. For the 2000-2001 school year, the
Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such greater
amount as may be established by law by the General Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant to
subsection (E), an Average Daily Attendance figure shall be utilized.
The Average Daily Attendance figure for formula calculation purposes
shall be the monthly average of the actual number of pupils in
attendance of each school district, as further averaged for the best
3 months of pupil attendance for each school district. In compiling
the figures for the number of pupils in attendance, school districts
and the State Board of Education shall, for purposes of general State
aid funding, conform attendance figures to the requirements of
subsection (F).
(2) The Average Daily Attendance figures utilized in subsection
(E) shall be the requisite attendance data for the school year
immediately preceding the school year for which general State aid is
being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant to
subsection (E), a representation of Available Local Resources per
pupil, as that term is defined and determined in this subsection,
shall be utilized. Available Local Resources per pupil shall include
a calculated dollar amount representing local school district
revenues from local property taxes and from Corporate Personal
Property Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each school
district as of September 30 of the previous year. The equalized
assessed valuation utilized shall be obtained and determined as
provided in subsection (G).
3364 JOURNAL OF THE [May 4, 1999]
(3) For school districts maintaining grades kindergarten through
12, local property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 3.00%, and divided by the district's Average
Daily Attendance figure. For school districts maintaining grades
kindergarten through 8, local property tax revenues per pupil shall
be calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues per
pupil shall be the applicable equalized assessed valuation of the
district multiplied by 1.20%, and divided by the district's Average
Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes paid to
each school district during the calendar year 2 years before the
calendar year in which a school year begins, divided by the Average
Daily Attendance figure for that district, shall be added to the
local property tax revenues per pupil as derived by the application
of the immediately preceding paragraph (3). The sum of these per
pupil figures for each school district shall constitute Available
Local Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State Board of
Education as provided in this subsection.
(2) For any school district for which Available Local Resources
per pupil is less than the product of 0.93 times the Foundation
Level, general State aid for that district shall be calculated as an
amount equal to the Foundation Level minus Available Local Resources,
multiplied by the Average Daily Attendance of the school district.
(3) For any school district for which Available Local Resources
per pupil is equal to or greater than the product of 0.93 times the
Foundation Level and less than the product of 1.75 times the
Foundation Level, the general State aid per pupil shall be a decimal
proportion of the Foundation Level derived using a linear algorithm.
Under this linear algorithm, the calculated general State aid per
pupil shall decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local Resources
equal to the product of 0.93 times the Foundation Level, to 0.05
times the Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation Level.
The allocation of general State aid for school districts subject to
this paragraph 3 shall be the calculated general State aid per pupil
figure multiplied by the Average Daily Attendance of the school
district.
(4) For any school district for which Available Local Resources
per pupil equals or exceeds the product of 1.75 times the Foundation
Level, the general State aid for the school district shall be
calculated as the product of $218 multiplied by the Average Daily
Attendance of the school district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year, submit
to the State Board of Education, on forms prescribed by the State
Board of Education, attendance figures for the school year that began
in the preceding calendar year. The attendance information so
transmitted shall identify the average daily attendance figures for
each month of the school year, except that any days of attendance in
August shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of attendance
HOUSE OF REPRESENTATIVES 3365
by pupils shall be counted only for sessions of not less than 5 clock
hours of school work per day under direct supervision of: (i)
teachers, or (ii) non-teaching personnel or volunteer personnel when
engaging in non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph 10 of
Section 34-18, with pupils of legal school age and in kindergarten
and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited only to
the districts that pay the tuition to a recognized school.
(2) Days of attendance by pupils of less than 5 clock hours of
school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school for only a
part of the school day may be counted on the basis of 1/6 day for
every class hour of instruction of 40 minutes or more attended
pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the first
day of pupil attendance, if preceded by a day or days utilized as
an institute or teachers' workshop.
(c) A session of 4 or more clock hours may be counted as a
day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to use
daily multiple sessions.
(d) A session of 3 or more clock hours may be counted as a
day of attendance (1) when the remainder of the school day or at
least 2 hours in the evening of that day is utilized for an
in-service training program for teachers, up to a maximum of 5
days per school year of which a maximum of 4 days of such 5 days
may be used for parent-teacher conferences, provided a district
conducts an in-service training program for teachers which has
been approved by the State Superintendent of Education; or, in
lieu of 4 such days, 2 full days may be used, in which event each
such day may be counted as a day of attendance; and (2) when days
in addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular intervals,
(ii) the remainder of the school days in which such sessions
occur are utilized for in-service training programs or other
staff development activities for teachers, and (iii) a sufficient
number of minutes of school work under the direct supervision of
teachers are added to the school days between such regularly
scheduled sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours fall
short of 5 clock hours. Any full days used for the purposes of
this paragraph shall not be considered for computing average
daily attendance. Days scheduled for in-service training
programs, staff development activities, or parent-teacher
conferences may be scheduled separately for different grade
levels and different attendance centers of the district.
(e) A session of not less than one clock hour of teaching
hospitalized or homebound pupils on-site or by telephone to the
classroom may be counted as 1/2 day of attendance, however these
pupils must receive 4 or more clock hours of instruction to be
counted for a full day of attendance.
(f) A session of at least 4 clock hours may be counted as a
day of attendance for first grade pupils, and pupils in full day
kindergartens, and a session of 2 or more hours may be counted as
3366 JOURNAL OF THE [May 4, 1999]
1/2 day of attendance by pupils in kindergartens which provide
only 1/2 day of attendance.
(g) For children with disabilities who are below the age of
6 years and who cannot attend 2 or more clock hours because of
their disability or immaturity, a session of not less than one
clock hour may be counted as 1/2 day of attendance; however for
such children whose educational needs so require a session of 4
or more clock hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for only 1/2
day of attendance by each pupil shall not have more than 1/2 day
of attendance counted in any one day. However, kindergartens may
count 2 1/2 days of attendance in any 5 consecutive school days.
When a pupil attends such a kindergarten for 2 half days on any
one school day, the pupil shall have the following day as a day
absent from school, unless the school district obtains permission
in writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as attendance
by first grade pupils. Only the first year of attendance in one
kindergarten shall be counted, except in case of children who
entered the kindergarten in their fifth year whose educational
development requires a second year of kindergarten as determined
under the rules and regulations of the State Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local Resources
required pursuant to subsection (D), the State Board of Education
shall secure from the Department of Revenue the value as equalized or
assessed by the Department of Revenue of all taxable property of
every school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September 30 of
the previous year.
This equalized assessed valuation, as adjusted further by the
requirements of this subsection, shall be utilized in the calculation
of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1) shall be
adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within a
redevelopment project area in respect to which a municipality has
adopted tax increment allocation financing pursuant to the Tax
Increment Allocation Redevelopment Act, Sections 11-74.4-1
through 11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the current
equalized assessed valuation of real property located in any such
project area which is attributable to an increase above the total
initial equalized assessed valuation of such property shall be
used as part of the equalized assessed valuation of the district,
until such time as all redevelopment project costs have been
paid, as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of the
Industrial Jobs Recovery Law. For the purpose of the equalized
assessed valuation of the district, the total initial equalized
assessed valuation or the current equalized assessed valuation,
whichever is lower, shall be used until such time as all
redevelopment project costs have been paid.
(b) The real property equalized assessed valuation for a
school district shall be adjusted by subtracting from the real
property value as equalized or assessed by the Department of
Revenue for the district an amount computed by dividing the
amount of any abatement of taxes under Section 18-170 of the
HOUSE OF REPRESENTATIVES 3367
Property Tax Code by 3.00% for a district maintaining grades
kindergarten through 12, by 2.30% for a district maintaining
grades kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes under
subsection (a) of Section 18-165 of the Property Tax Code by the
same percentage rates for district type as specified in this
subparagraph (b).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district is
allotted pursuant to subsection (E), qualifying school districts
shall receive a grant, paid in conjunction with a district's payments
of general State aid, for supplemental general State aid based upon
the concentration level of children from low-income households within
the school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item in
which the general State financial aid of school districts is
appropriated under this Section. For purposes of this subsection, the
term "Low-Income Concentration Level" shall be the low-income
eligible pupil count from the most recently available federal census
divided by the Average Daily Attendance of the school district. If,
however, the percentage decrease from the 2 most recent federal
censuses in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count of
contiguous elementary school districts, whose boundaries are
coterminous with the high school district, the high school district's
low-income eligible pupil count from the earlier federal census shall
be the number used as the low-income eligible pupil count for the
high school district, for purposes of this subsection (H).
(2) Supplemental general State aid pursuant to this subsection
shall be provided as follows:
(a) For any school district with a Low Income Concentration
Level of at least 20% and less than 35%, the grant for any school
year shall be $800 multiplied by the low income eligible pupil
count.
(b) For any school district with a Low Income Concentration
Level of at least 35% and less than 50%, the grant for the
1998-1999 school year shall be $1,100 multiplied by the low
income eligible pupil count.
(c) For any school district with a Low Income Concentration
Level of at least 50% and less than 60%, the grant for the
1998-99 school year shall be $1,500 multiplied by the low income
eligible pupil count.
(d) For any school district with a Low Income Concentration
Level of 60% or more, the grant for the 1998-99 school year shall
be $1,900 multiplied by the low income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil amount
specified in subparagraphs (b), (c), and (d), immediately above
shall be increased by $100 to $1,200, $1,600, and $2,000,
respectively.
(f) For the 2000-2001 school year, the per pupil amounts
specified in subparagraphs (b), (c) and (d) immediately above
shall be increased to $1,230, $1,640, and $2,050, respectively.
(3) School districts with an Average Daily Attendance of more
than 1,000 and less than 50,000 that qualify for supplemental general
State aid pursuant to this subsection shall submit a plan to the
State Board of Education prior to October 30 of each year for the use
of the funds resulting from this grant of supplemental general State
aid for the improvement of instruction in which priority is given to
3368 JOURNAL OF THE [May 4, 1999]
meeting the education needs of disadvantaged children. Such plan
shall be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of 50,000
or more that qualify for supplemental general State aid pursuant to
this subsection shall be required to distribute from funds available
pursuant to this Section, no less than $261,000,000 in accordance
with the following requirements:
(a) The required amounts shall be distributed to the
attendance centers within the district in proportion to the
number of pupils enrolled at each attendance center who are
eligible to receive free or reduced-price lunches or breakfasts
under the federal Child Nutrition Act of 1966 and under the
National School Lunch Act during the immediately preceding school
year.
(b) The distribution of these portions of supplemental and
general State aid among attendance centers according to these
requirements shall not be compensated for or contravened by
adjustments of the total of other funds appropriated to any
attendance centers, and the Board of Education shall utilize
funding from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the school
district a distribution of noncategorical funds and other
categorical funds to which an attendance center is entitled under
law in order that the general State aid and supplemental general
State aid provided by application of this subsection supplements
rather than supplants the noncategorical funds and other
categorical funds provided by the school district to the
attendance centers.
(d) Any funds made available under this subsection that by
reason of the provisions of this subsection are not required to
be allocated and provided to attendance centers may be used and
appropriated by the board of the district for any lawful school
purpose.
(e) Funds received by an attendance center pursuant to this
subsection shall be used by the attendance center at the
discretion of the principal and local school council for programs
to improve educational opportunities at qualifying schools
through the following programs and services: early childhood
education, reduced class size or improved adult to student
classroom ratio, enrichment programs, remedial assistance,
attendance improvement, and other educationally beneficial
expenditures which supplement the regular and basic programs as
determined by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as defined
by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance with
the requirements of this paragraph, to the State Board of
Education prior to July 15 of each year. This plan shall be
consistent with the decisions of local school councils concerning
the school expenditure plans developed in accordance with part 4
of Section 34-2.3. The State Board shall approve or reject the
plan within 60 days after its submission. If the plan is
rejected, the district shall give written notice of intent to
modify the plan within 15 days of the notification of rejection
and then submit a modified plan within 30 days after the date of
the written notice of intent to modify. Districts may amend
approved plans pursuant to rules promulgated by the State Board
HOUSE OF REPRESENTATIVES 3369
of Education.
Upon notification by the State Board of Education that the
district has not submitted a plan prior to July 15 or a modified
plan within the time period specified herein, the State aid funds
affected by that plan or modified plan shall be withheld by the
State Board of Education until a plan or modified plan is
submitted.
If the district fails to distribute State aid to attendance
centers in accordance with an approved plan, the plan for the
following year shall allocate funds, in addition to the funds
otherwise required by this subsection, to those attendance
centers which were underfunded during the previous year in
amounts equal to such underfunding.
For purposes of determining compliance with this subsection
in relation to the requirements of attendance center funding,
each district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a report
of expenditure data for the prior year in addition to any
modification of its current plan. If it is determined that there
has been a failure to comply with the expenditure provisions of
this subsection regarding contravention or supplanting, the State
Superintendent of Education shall, within 60 days of receipt of
the report, notify the district and any affected local school
council. The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of the
remedial or corrective action to be taken, whether by amendment
of the current plan, if feasible, or by adjustment in the plan
for the following year. Failure to provide the expenditure
report or the notification of remedial or corrective action in a
timely manner shall result in a withholding of the affected
funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection. No
funds shall be released under this subdivision (H)(4) to any
district that has not submitted a plan that has been approved by
the State Board of Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining property
included totally within 2 or more previously existing school
districts, for its first year of existence the general State aid and
supplemental general State aid calculated under this Section shall be
computed for the new district and for the previously existing
districts for which property is totally included within the new
district. If the computation on the basis of the previously existing
districts is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new district.
(2) For a school district which annexes all of the territory of
one or more entire other school districts, for the first year during
which the change of boundaries attributable to such annexation
becomes effective for all purposes as determined under Section 7-9 or
7A-8, the general State aid and supplemental general State aid
calculated under this Section shall be computed for the annexing
district as constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation; and if
the computation on the basis of the annexing and annexed districts as
constituted prior to the annexation is greater, a supplementary
payment equal to the difference shall be made for the first 4 years
of existence of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of the
territory of one or more entire other school districts, and for 2 or
3370 JOURNAL OF THE [May 4, 1999]
more community unit districts which result upon the division
(pursuant to petition under Section 11A-2) of one or more other unit
school districts into 2 or more parts and which together include all
of the parts into which such other unit school district or districts
are so divided, for the first year during which the change of
boundaries attributable to such annexation or division becomes
effective for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental general
State aid calculated under this Section shall be computed for each
annexing or resulting district as constituted after the annexation or
division and for each annexing and annexed district, or for each
resulting and divided district, as constituted prior to the
annexation or division; and if the aggregate of the general State aid
and supplemental general State aid as so computed for the annexing or
resulting districts as constituted after the annexation or division
is less than the aggregate of the general State aid and supplemental
general State aid as so computed for the annexing and annexed
districts, or for the resulting and divided districts, as constituted
prior to the annexation or division, then a supplementary payment
equal to the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their existence.
The total difference payment shall be allocated between or among the
annexing or resulting districts in the same ratio as the pupil
enrollment from that portion of the annexed or divided district or
districts which is annexed to or included in each such annexing or
resulting district bears to the total pupil enrollment from the
entire annexed or divided district or districts, as such pupil
enrollment is determined for the school year last ending prior to the
date when the change of boundaries attributable to the annexation or
division becomes effective for all purposes. The amount of the total
difference payment and the amount thereof to be allocated to the
annexing or resulting districts shall be computed by the State Board
of Education on the basis of pupil enrollment and other data which
shall be certified to the State Board of Education, on forms which it
shall provide for that purpose, by the regional superintendent of
schools for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are located.
(3.5) Claims for financial assistance under this subsection (I)
shall not be recomputed except as expressly provided under this
Section.
(4) Any supplementary payment made under this subsection (I)
shall be treated as separate from all other payments made pursuant to
this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this Section, the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section for which each
school district is eligible shall be no less than the amount of the
aggregate general State aid entitlement that was received by the
district under Section 18-8 (exclusive of amounts received under
subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school
year, pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a supplementary
payment made under this subsection (J), the amount of the aggregate
general State aid in combination with supplemental general State aid
under this Section which that district is eligible to receive for
each school year shall be no less than the amount of the aggregate
general State aid entitlement that was received by the district under
Section 18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year, pursuant
HOUSE OF REPRESENTATIVES 3371
to the provisions of that Section as it was then in effect.
(2) If, as provided in paragraph (1) of this subsection (J), a
school district is to receive aggregate general State aid in
combination with supplemental general State aid under this Section
for the 1998-99 school year and any subsequent school year that in
any such school year is less than the amount of the aggregate general
State aid entitlement that the district received for the 1997-98
school year, the school district shall also receive, from a separate
appropriation made for purposes of this subsection (J), a
supplementary payment that is equal to the amount of the difference
in the aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board of a
public university that operates a laboratory school under this
Section or to any alternative school that is operated by a regional
superintendent of schools, the State Board of Education shall require
by rule such reporting requirements as it deems necessary.
As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board of a
public university which receives funds from the State Board under
this subsection (K) may not increase the number of students enrolled
in its laboratory school from a single district, if that district is
already sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence and the
university which operates the laboratory school. A laboratory school
may not have more than 1,000 students, excluding students with
disabilities in a special education program.
As used in this Section, "alternative school" means a public
school which is created and operated by a Regional Superintendent of
Schools and approved by the State Board of Education. Such
alternative schools may offer courses of instruction for which credit
is given in regular school programs, courses to prepare students for
the high school equivalency testing program or vocational and
occupational training. A regional superintendent of schools may
contract with a school district or a public community college
district to operate an alternative school. An alternative school
serving more than one educational service region may be established
by the regional superintendents of schools of those the affected
educational service regions. An alternative school serving more than
one educational service region may be operated under such terms as
the regional superintendents of schools of those educational service
regions may agree.
Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual State
aid claim which states the Average Daily Attendance of the school's
students by month. The best 3 months' Average Daily Attendance shall
be computed for each school. The general State aid entitlement shall
be computed by multiplying the applicable Average Daily Attendance by
the Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the general
State aid otherwise payable to that district under this Section, but
not the supplemental general State aid, shall be reduced by an amount
equal to the budget for the operations of the Authority as certified
by the Authority to the State Board of Education, and an amount equal
to such reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in Section
18-11. The remainder of general State school aid for any such
3372 JOURNAL OF THE [May 4, 1999]
district shall be paid in accordance with Article 34A when that
Article provides for a disposition other than that provided by this
Article.
(2) Impaction. Impaction payments shall be made as provided for
in Section 18-4.2.
(3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created. The
Board shall consist of 5 members who are appointed by the Governor,
by and with the advice and consent of the Senate. The members
appointed shall include representatives of education, business, and
the general public. One of the members so appointed shall be
designated by the Governor at the time the appointment is made as the
chairperson of the Board. The initial members of the Board may be
appointed any time after the effective date of this amendatory Act of
1997. The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which the term
of the member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who is
appointed as the chairperson shall serve for a term that commences on
the date of his or her appointment and expires on the third Monday of
January, 2002, and the remaining 4 members, by lots drawn at the
first meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for terms that
commence on the date of their respective appointments and expire on
the third Monday of January, 2001, and 2 of their number to serve for
terms that commence on the date of their respective appointments and
expire on the third Monday of January, 2000. All members appointed
to serve on the Board shall serve until their respective successors
are appointed and confirmed. Vacancies shall be filled in the same
manner as original appointments. If a vacancy in membership occurs
at a time when the Senate is not in session, the Governor shall make
a temporary appointment until the next meeting of the Senate, when he
or she shall appoint, by and with the advice and consent of the
Senate, a person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments are made,
those appointments shall be made as in the case of vacancies.
The Education Funding Advisory Board shall be deemed established,
and the initial members appointed by the Governor to serve as members
of the Board shall take office, on the date that the Governor makes
his or her appointment of the fifth initial member of the Board,
whether those initial members are then serving pursuant to
appointment and confirmation or pursuant to temporary appointments
that are made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff assistance
to the Education Funding Advisory Board as is reasonably required for
the proper performance by the Board of its responsibilities.
For school years after the 2000-2001 school year, the Education
Funding Advisory Board, in consultation with the State Board of
Education, shall make recommendations as provided in this subsection
(M) to the General Assembly for the foundation level under
subdivision (B)(3) of this Section and for the supplemental general
State aid grant level under subsection (H) of this Section for
districts with high concentrations of children from poverty. The
recommended foundation level shall be determined based on a
methodology which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such recommendations to
the General Assembly on January 1 of odd numbered years, beginning
HOUSE OF REPRESENTATIVES 3373
January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax extension
limitations as imposed under the provisions of the Property Tax
Extension Limitation Law shall be entitled to receive, subject to the
qualifications and requirements of this subsection, a general State
aid adjustment grant. Eligibility for this grant shall be determined
on an annual basis and claims for grant payments shall be paid
subject to appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have the
following meanings:
"Budget Year": The school year for which general State aid is
calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding the Budget
Year.
"Base Tax Year": The property tax levy year used to calculate
the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year immediately
preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio, certified by a
school district's County Clerk, in which the numerator is the Base
Tax Year's tax extension amount resulting from the Limiting Rate and
the denominator is the Preceding Tax Year's tax extension amount
resulting from the Limiting Rate.
"Limiting Rate": The limiting rate as defined in the Property
Tax Extension Limitation Law.
"Preliminary Tax Rate": The tax rate for all purposes except bond
and interest that would have been used to extend those taxes absent
the provisions of the Property Tax Extension Limitation Law.
(2) To qualify for a general State aid adjustment grant, a
school district must meet all of the following eligibility criteria
for each Budget Year for which a grant is claimed:
(a) (Blank).
(b) The Preliminary Tax Rate of the school district for the
Base Tax Year was reduced by the Clerk of the County as a result
of the requirements of the Property Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the school
district as calculated pursuant to subsection (D) using the Base
Tax Year are less than the product of 1.75 times the Foundation
Level for the Budget Year.
(d) The school district has filed a proper and timely claim
for a general State aid adjustment grant as required under this
subsection.
(3) A claim for grant assistance under this subsection shall be
filed with the State Board of Education on or before April 1 of the
Current Year for a grant for the Budget Year. The claim shall be
made on forms prescribed by the State Board of Education and must be
accompanied by a written statement from the Clerk of the County,
certifying:
(a) That the school district had its Preliminary Tax Rate
for the Base Tax Year reduced as a result of the Property Tax
Extension Limitation Law.
(b) (Blank).
(c) The Extension Limitation Ratio as that term is defined
in this subsection.
(4) On or before August 1 of the Budget Year the State Board of
Education shall calculate, for all school districts meeting the other
requirements of this subsection, the amount of the general State aid
adjustment grant, if any, that the school districts are eligible to
receive in the Budget Year. The amount of the general State aid
adjustment grant shall be calculated as follows:
3374 JOURNAL OF THE [May 4, 1999]
(a) Determine the school district's general State aid grant
for the Budget Year as provided in accordance with the provisions
of subsection (E).
(b) Determine the school district's adjusted level of
general State aid by utilizing in the calculation of Available
Local Resources the equalized assessed valuation that was used to
calculate the general State aid for the preceding fiscal year
multiplied by the Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a) from the
sum derived in subparagraph (b). If the result is a positive
number, that amount shall be the general State aid adjustment
grant that the district is eligible to receive.
(5) The State Board of Education shall in the Current Year,
based upon claims filed in the Current Year, recommend to the General
Assembly an appropriation amount for the general State aid adjustment
grants to be made in the Budget Year.
(6) Claims for general State aid adjustment grants shall be paid
in a lump sum on or before January 1 of the Budget Year only from
appropriations made by the General Assembly expressly for claims
under this subsection. No such claims may be paid from amounts
appropriated for any other purpose provided for under this Section.
In the event that the appropriation for claims under this subsection
is insufficient to meet all Budget Year claims for a general State
aid adjustment grant, the appropriation available shall be
proportionately prorated by the State Board of Education amongst all
districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the required
claim forms and rules necessary to implement the provisions of this
subsection.
(O) References.
(1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to the
corresponding provisions of this Section 18-8.05, to the extent that
those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall be
deemed to refer to the supplemental general State aid provided under
subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 90-653, eff.
7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 7-30-98; 90-802, eff.
12-15-98; 90-815, eff. 2-11-99; revised 2-17-99.)
Section 35. The Currency Exchange Act is amended by renumbering
Section .1 as follows:
(205 ILCS 405/0.1)
Sec. 0.1. .1. Short Title. This Act shall be known and may be
cited as the Currency Exchange Act.
(Source: P.A. 86-432; revised 3-16-99.)
Section 40. The Illinois Public Aid Code is amended by changing
Section 5-5.02 as follows:
(305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02)
Sec. 5-5.02. Hospital reimbursements.
(a) Reimbursement to Hospitals; July 1, 1992 through September
30, 1992. Notwithstanding any other provisions of this Code or the
Illinois Department's Rules promulgated under the Illinois
Administrative Procedure Act, reimbursement to hospitals for services
provided during the period July 1, 1992 through September 30, 1992,
shall be as follows:
(1) For inpatient hospital services rendered, or if
applicable, for inpatient hospital discharges occurring, on or
after July 1, 1992 and on or before September 30, 1992, the
Illinois Department shall reimburse hospitals for inpatient
HOUSE OF REPRESENTATIVES 3375
services under the reimbursement methodologies in effect for each
hospital, and at the inpatient payment rate calculated for each
hospital, as of June 30, 1992. For purposes of this paragraph,
"reimbursement methodologies" means all reimbursement
methodologies that pertain to the provision of inpatient hospital
services, including, but not limited to, any adjustments for
disproportionate share, targeted access, critical care access and
uncompensated care, as defined by the Illinois Department on June
30, 1992.
(2) For the purpose of calculating the inpatient payment
rate for each hospital eligible to receive quarterly adjustment
payments for targeted access and critical care, as defined by the
Illinois Department on June 30, 1992, the adjustment payment for
the period July 1, 1992 through September 30, 1992, shall be 25%
of the annual adjustment payments calculated for each eligible
hospital, as of June 30, 1992. The Illinois Department shall
determine by rule the adjustment payments for targeted access and
critical care beginning October 1, 1992.
(3) For the purpose of calculating the inpatient payment
rate for each hospital eligible to receive quarterly adjustment
payments for uncompensated care, as defined by the Illinois
Department on June 30, 1992, the adjustment payment for the
period August 1, 1992 through September 30, 1992, shall be
one-sixth of the total uncompensated care adjustment payments
calculated for each eligible hospital for the uncompensated care
rate year, as defined by the Illinois Department, ending on July
31, 1992. The Illinois Department shall determine by rule the
adjustment payments for uncompensated care beginning October 1,
1992.
(b) Inpatient payments. For inpatient services provided on or
after October 1, 1993, in addition to rates paid for hospital
inpatient services pursuant to the Illinois Health Finance Reform
Act, as now or hereafter amended, or the Illinois Department's
prospective reimbursement methodology, or any other methodology used
by the Illinois Department for inpatient services, the Illinois
Department shall make adjustment payments, in an amount calculated
pursuant to the methodology described in paragraph (c) of this
Section, to hospitals that the Illinois Department determines satisfy
any one of the following requirements:
(1) Hospitals that are described in Section 1923 of the
federal Social Security Act, as now or hereafter amended; or
(2) Illinois hospitals that have a Medicaid inpatient
utilization rate which is at least one-half a standard deviation
above the mean Medicaid inpatient utilization rate for all
hospitals in Illinois receiving Medicaid payments from the
Illinois Department; or
(3) Illinois hospitals that on July 1, 1991 had a Medicaid
inpatient utilization rate, as defined in paragraph (h) (f) of
this Section, that was at least the mean Medicaid inpatient
utilization rate for all hospitals in Illinois receiving Medicaid
payments from the Illinois Department and which were located in a
planning area with one-third or fewer excess beds as determined
by the Illinois Health Facilities Planning Board, and that, as of
June 30, 1992, were located in a federally designated Health
Manpower Shortage Area; or
(4) Illinois hospitals that:
(A) have a Medicaid inpatient utilization rate that is
at least equal to the mean Medicaid inpatient utilization
rate for all hospitals in Illinois receiving Medicaid
payments from the Department; and
(B) also have a Medicaid obstetrical inpatient
3376 JOURNAL OF THE [May 4, 1999]
utilization rate that is at least one standard deviation
above the mean Medicaid obstetrical inpatient utilization
rate for all hospitals in Illinois receiving Medicaid
payments from the Department for obstetrical services; or
(5) Any children's hospital, which means a hospital devoted
exclusively to caring for children. A hospital which includes a
facility devoted exclusively to caring for children that is
separately licensed as a hospital by a municipality prior to
September 30, 1998 shall be considered a children's hospital to
the degree that the hospital's Medicaid care is provided to
children.
(c) Inpatient adjustment payments. The adjustment payments
required by paragraph (b) shall be calculated based upon the
hospital's Medicaid inpatient utilization rate as follows:
(1) hospitals with a Medicaid inpatient utilization rate
below the mean shall receive a per day adjustment payment equal
to $25;
(2) hospitals with a Medicaid inpatient utilization rate
that is equal to or greater than the mean Medicaid inpatient
utilization rate but less than one standard deviation above the
mean Medicaid inpatient utilization rate shall receive a per day
adjustment payment equal to the sum of $25 plus $1 for each one
percent that the hospital's Medicaid inpatient utilization rate
exceeds the mean Medicaid inpatient utilization rate;
(3) hospitals with a Medicaid inpatient utilization rate
that is equal to or greater than one standard deviation above the
mean Medicaid inpatient utilization rate but less than 1.5
standard deviations above the mean Medicaid inpatient utilization
rate shall receive a per day adjustment payment equal to the sum
of $40 plus $7 for each one percent that the hospital's Medicaid
inpatient utilization rate exceeds one standard deviation above
the mean Medicaid inpatient utilization rate; and
(4) hospitals with a Medicaid inpatient utilization rate
that is equal to or greater than 1.5 standard deviations above
the mean Medicaid inpatient utilization rate shall receive a per
day adjustment payment equal to the sum of $90 plus $2 for each
one percent that the hospital's Medicaid inpatient utilization
rate exceeds 1.5 standard deviations above the mean Medicaid
inpatient utilization rate.
(d) Supplemental adjustment payments. In addition to the
adjustment payments described in paragraph (c), hospitals as defined
in clauses (1) through (5) of paragraph (b), excluding county
hospitals (as defined in subsection (c) of Section 15-1 of this Code)
and a hospital organized under the University of Illinois Hospital
Act, shall be paid supplemental inpatient adjustment payments of $60
per day. For purposes of Title XIX of the federal Social Security
Act, these supplemental adjustment payments shall not be classified
as adjustment payments to disproportionate share hospitals.
(e) The inpatient adjustment payments described in paragraphs
(c) and (d) shall be increased on October 1, 1993 and annually
thereafter by a percentage equal to the lesser of (i) the increase in
the DRI hospital cost index for the most recent 12 month period for
which data are available, or (ii) the percentage increase in the
statewide average hospital payment rate over the previous year's
statewide average hospital payment rate. The sum of the inpatient
adjustment payments under paragraphs (c) and (d) to a hospital, other
than a county hospital (as defined in subsection (c) of Section 15-1
of this Code) or a hospital organized under the University of
Illinois Hospital Act, however, shall not exceed $275 per day; that
limit shall be increased on October 1, 1993 and annually thereafter
by a percentage equal to the lesser of (i) the increase in the DRI
HOUSE OF REPRESENTATIVES 3377
hospital cost index for the most recent 12-month period for which
data are available or (ii) the percentage increase in the statewide
average hospital payment rate over the previous year's statewide
average hospital payment rate.
(f) Children's hospital inpatient adjustment payments. For
children's hospitals, as defined in clause (5) of paragraph (b), the
adjustment payments required pursuant to paragraphs (c) and (d) shall
be multiplied by 2.0.
(g) County hospital inpatient adjustment payments. For county
hospitals, as defined in subsection (c) of Section 15-1 of this Code,
there shall be an adjustment payment as determined by rules issued by
the Illinois Department.
(h) For the purposes of this Section the following terms shall
be defined as follows:
(1) "Medicaid inpatient utilization rate" means a fraction,
the numerator of which is the number of a hospital's inpatient
days provided in a given 12-month period to patients who, for
such days, were eligible for Medicaid under Title XIX of the
federal Social Security Act, and the denominator of which is the
total number of the hospital's inpatient days in that same
period.
(2) "Mean Medicaid inpatient utilization rate" means the
total number of Medicaid inpatient days provided by all Illinois
Medicaid-participating hospitals divided by the total number of
inpatient days provided by those same hospitals.
(3) "Medicaid obstetrical inpatient utilization rate" means
the ratio of Medicaid obstetrical inpatient days to total
Medicaid inpatient days for all Illinois hospitals receiving
Medicaid payments from the Illinois Department.
(i) Inpatient adjustment payment limit. In order to meet the
limits of Public Law 102-234 and Public Law 103-66, the Illinois
Department shall by rule adjust disproportionate share adjustment
payments.
(j) University of Illinois Hospital inpatient adjustment
payments. For hospitals organized under the University of Illinois
Hospital Act, there shall be an adjustment payment as determined by
rules adopted by the Illinois Department.
(k) The Illinois Department may by rule establish criteria for
and develop methodologies for adjustment payments to hospitals
participating under this Article.
(Source: P.A. 89-21, eff. 7-1-95; 90-588, eff. 7-1-98; revised
3-16-99.)
Section 45. The Elder Abuse and Neglect Act is amended by
changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the context
requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual injury
to an eligible adult, including exploitation of such adult's
financial resources.
Nothing in this Act shall be construed to mean that an eligible
adult is a victim of abuse or neglect for the sole reason that he or
she is being furnished with or relies upon treatment by spiritual
means through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an eligible
adult is a victim of abuse because of health care services provided
or not provided by licensed health care professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result of a
3378 JOURNAL OF THE [May 4, 1999]
family relationship, voluntarily, or in exchange for compensation has
assumed responsibility for all or a portion of the care of an
eligible adult who needs assistance with activities of daily living.
(b) "Department" means the Department on Aging of the State of
Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where the
eligible adult lives alone or with his or her family or a caregiver,
or others, or a board and care home or other community-based
unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of the
Nursing Home Care Act;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness through the maintenance and
operation of organized facilities therefor, which is required to
be licensed under the Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) A "community residential alternative" as defined in the
Community Residential Alternatives Licensing Act; and
(7) A "community-integrated living arrangement" as defined
in the Community-Integrated Living Arrangements Licensure and
Certification Act.
(e) "Eligible adult" means a person 60 years of age or older who
resides in a domestic living situation and is, or is alleged to be,
abused, neglected, or financially exploited by another individual.
(f) "Emergency" means a situation in which an eligible adult is
living in conditions presenting a risk of death or physical, mental
or sexual injury and the provider agency has reason to believe the
eligible adult is unable to consent to services which would alleviate
that risk.
(f-5) "Mandated reporter" means any of the following persons
while engaged in carrying out their professional duties:
(1) a professional or professional's delegate while engaged
in: (i) social services, (ii) law enforcement, (iii) education,
(iv) the care of an eligible adult or eligible adults, or (v) any
of the occupations required to be licensed under the Clinical
Psychologist Licensing Act, the Clinical Social Work and Social
Work Practice Act, the Illinois Dental Practice Act, the Dietetic
and Nutrition Services Practice Act, the Marriage and Family
Therapy Licensing Act, the Medical Practice Act of 1987, the
Naprapathic Practice Act, the Illinois Nursing and Advanced
Practice Nursing Act of 1987, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational Therapy
Practice Act, the Illinois Optometric Practice Act of 1987, the
Pharmacy Practice Act of 1987, the Illinois Physical Therapy Act,
the Physician Assistant Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, the Professional Counselor and
Clinical Professional Counselor Licensing Act, the Illinois
Speech-Language Pathology and Audiology Practice Act, the
Veterinary Medicine and Surgery Practice Act of 1994, and the
Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation facility
prescribed or supervised by the Department of Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based facility;
HOUSE OF REPRESENTATIVES 3379
(4) a Christian Science Practitioner;
(5) field personnel of the Department of Public Aid,
Department of Public Health, and Department of Human Services,
and any county or municipal health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire Marshal,
local fire departments, the Department on Aging and its
subsidiary Area Agencies on Aging and provider agencies, and the
Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical or
rehabilitation services and all other persons having direct
contact with eligible adults; or
(8) (9) a person who performs the duties of a coroner or
medical examiner.
(g) "Neglect" means another individual's failure to provide an
eligible adult with or willful withholding from an eligible adult the
necessities of life including, but not limited to, food, clothing,
shelter or medical care. This subsection does not create any new
affirmative duty to provide support to eligible adults. Nothing in
this Act shall be construed to mean that an eligible adult is a
victim of neglect because of health care services provided or not
provided by licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency in a
planning and service area appointed by the regional administrative
agency with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, neglect, or financial
exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated by the
Department, provided that the designated Area Agency on Aging shall
be designated the regional administrative agency if it so requests.
The Department shall assume the functions of the regional
administrative agency for any planning and service area where another
agency is not so designated.
(j) "Substantiated case" means a reported case of alleged or
suspected abuse, neglect, or financial exploitation in which a
provider agency, after assessment, determines that there is reason to
believe abuse, neglect, or financial exploitation has occurred.
(Source: P.A. 90-628, eff. 1-1-99; revised 3-1-99.)
Section 50. The Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act is amended by changing
Section 5 as follows:
(320 ILCS 25/5) (from Ch. 67 1/2, par. 405)
Sec. 5. Procedure.
(a) In general. Claims must be filed after January 1, on forms
prescribed by the Department. No claim may be filed more than one
year after December 31 of the year for which the claim is filed
except that claims for 1976 may be filed until December 31, 1978.
The pharmaceutical assistance identification card provided for in
subsection (f) (g) of Section 4 shall be valid for a period not to
exceed one year.
(b) Claim is Personal. The right to file a claim under this Act
shall be personal to the claimant and shall not survive his death,
but such right may be exercised on behalf of a claimant by his legal
guardian or attorney-in-fact. If a claimant dies after having filed
a timely claim, the amount thereof shall be disbursed to his
surviving spouse or, if no spouse survives, to his surviving
dependent minor children in equal parts, provided the spouse or
child, as the case may be, resided with the claimant at the time he
3380 JOURNAL OF THE [May 4, 1999]
filed his claim. If at the time of disbursement neither the claimant
nor his spouse is surviving, and no dependent minor children of the
claimant are surviving the amount of the claim shall escheat to the
State.
(c) One claim per household. Only one member of a household may
file a claim under this Act in any calendar year; where both members
of a household are otherwise entitled to claim a grant under this
Act, they must agree as to which of them will file a claim for that
year.
(d) Content of application form. The form prescribed by the
Department for purposes of paragraph (a) shall include a table,
appropriately keyed to the parts of the form on which the claimant is
required to furnish information, which will enable the claimant to
determine readily the approximate amount of grant to which he is
entitled by relating levels of household income to property taxes
accrued or rent constituting property taxes accrued.
(e) Pharmaceutical Assistance Procedures. The Department shall
establish the form and manner for application, and establish by
January 1, 1986 a procedure to enable persons to apply for the
additional grant or for the pharmaceutical assistance identification
card on the same application form.
(Source: P.A. 83-1531; revised 3-16-99.)
Section 55. The Motor Vehicle Franchise Act is amended by
changing Section 13 as follows:
(815 ILCS 710/13) (from Ch. 121 1/2, par. 763)
Sec. 13. Damages; equitable relief. Any franchisee or motor
vehicle dealer who suffers any loss of money or property, real or
personal, as a result of the use or employment by a manufacturer,
wholesaler, distributor, distributor branch or division, factory
branch or division, wholesale branch or division, or any agent,
servant or employee thereof, of an unfair method of competition or an
unfair or deceptive act or practice declared unlawful by this Act may
bring an action for damages and equitable relief, including
injunctive relief. Where the misconduct is willful or wanton, the
court may award treble damages. A motor vehicle dealer, if it has
not suffered any loss of money or property, may obtain permanent
equitable relief if it can be shown that the unfair act or practice
may have the effect of causing such loss of money or property. Where
the franchisee or dealer substantially prevails the court or
arbitration panel or Motor Vehicle Review Board shall award
attorney's fees and assess costs against the opposing party.
Moreover, for the purposes of the award of attorney's fees and costs
whenever the franchisee or dealer is seeking injunctive or other
relief, the franchisee or dealer may be considered to have prevailed
when a judgment is entered in its favor, when a final administrative
decision is entered in its favor and affirmed, if subject to judicial
review, when a consent order is entered into, or when the
manufacturer, distributor, wholesaler, distributor branch or
division, factory factor branch or division, wholesale branch or
division, or any officer, agent or other representative thereof
ceases the conduct, act or practice which is alleged to be in
violation of any Section of this Act.
(Source: P.A. 89-145, eff. 7-14-95; revised 3-16-99.)
Section 990. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text that is
not yet or no longer in effect (for example, a Section represented by
multiple versions), the use of that text does not accelerate or delay
the taking effect of (i) the changes made by this Act or (ii)
provisions derived from any other Public Act.
Section 995. No revival or extension. This Act does not revive
or extend any Section or Act otherwise repealed.
HOUSE OF REPRESENTATIVES 3381
Section 999. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 752. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 752
AMENDMENT NO. 1. Amend Senate Bill 752 on page 1, by replacing
line 1 with the following:
"AN ACT concerning business assistance."; and
on page 1, line 5, by replacing "Section 46.70" with "Sections 46.70
and 46.71"; and
on page 3, below line 8, by inserting the following:
"(20 ILCS 605/46.71 new)
Sec. 46.71. Model domestic violence and sexual assault employee
awareness and assistance policy.
(a) The Department shall convene a task force including members
of the business community, employees, employee organizations,
representatives from the Department of Labor, and directors of
domestic violence and sexual assault programs, including
representatives of statewide advocacy organizations for the
prevention of domestic violence and sexual assault, to develop a
model domestic violence and sexual assault employee awareness and
assistance policy for businesses.
The Department shall give due consideration to the
recommendations of the Governor, the President of the Senate, and the
Speaker of the House of Representatives for participation by any
person on the task force, and shall make reasonable efforts to assure
regional balance in membership.
(b) The purpose of the model employee awareness and assistance
policy shall be to provide businesses with the best practices,
policies, protocols, and procedures in order that they ascertain
domestic violence and sexual assault awareness in the workplace,
assist affected employees, and provide a safe and helpful working
environment for employees currently or potentially experiencing the
effects of domestic violence or sexual assault. The model plan shall
include but not be limited to:
(1) the establishment of a definite corporate policy
statement recognizing domestic violence and sexual assault as
workplace issues as well as promoting the need to maintain job
security for those employees currently involved in domestic
violence or sexual assault disputes;
(2) policy and service publication requirements, including
posting these policies and service availability pamphlets in
break rooms, on bulletin boards, and in restrooms, and
transmitting them through other communication methods;
(3) a listing of current domestic violence and sexual
assault community resources such as shelters, crisis intervention
programs, counseling and case management programs, and legal
assistance and advocacy opportunities for affected employees;
(4) measures to ensure workplace safety including, where
appropriate, designated parking areas, escort services, and other
affirmative safeguards;
3382 JOURNAL OF THE [May 4, 1999]
(5) training programs and protocols designed to educate
employees and managers in how to recognize, approach, and assist
employees experiencing domestic violence or sexual assault,
including both victims and batterers; and
(6) other issues as shall be appropriate and relevant for
the task force in developing the model policy.
(c) The model policy shall be reviewed by the task force to
assure consistency with existing law and shall be made the subject of
public hearings convened by the Department throughout the State at
places and at times which are convenient for attendance by the
public, after which the policy shall be reviewed by the task force
and amended as necessary to reflect concerns raised at the hearings.
If approved by the task force, the model policy shall be provided as
approved with explanation of its provisions to the Governor and the
General Assembly not later than one year after the effective date of
this amendatory Act of the 91st General Assembly. The Department
shall make every effort to notify businesses of the availability of
the model domestic violence and sexual assault employee awareness and
assistance policy.
(d) The Department, in consultation with the task force,
providers of services, the advisory council, the Department of Labor,
and representatives of statewide advocacy organizations for the
prevention of domestic violence and sexual assault, shall provide
technical support, information, and encouragement to businesses to
implement the provisions of the model.
(e) Nothing contained in this Section shall be deemed to prevent
businesses from adopting their own domestic violence and sexual
assault employee awareness and assistance policy.
(f) The Department shall survey businesses within 4 years of the
effective date of this amendatory Act of the 91st General Assembly to
determine the level of model policy adoption amongst businesses and
shall take steps necessary to promote the further adoption of such
policy.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 778. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Insurance, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 778
AMENDMENT NO. 1. Amend Senate Bill 778 on page 2, line 15, by
changing "Section 13.05" to "Sections 13.05 and 14.05"; and
on page 2 by replacing lines 31 and 32 with the following:
"building and loan corporation; provided, however, that a foreign
corporation may obtain a certificate of authority under this Act for
the purpose of carrying on the business of a syndicate or limited
syndicate under Article V-1/2 of the Illinois Insurance Code or for
the purpose of carrying on"; and
on page 3 by deleting lines 1, 2, and 3; and
on page 3 by inserting immediately below line 25 the following:
"(805 ILCS 5/14.05) (from Ch. 32, par. 14.05)
Sec. 14.05. Annual report of domestic or foreign corporation.
Each domestic corporation organized under any general law or special
act of this State authorizing the corporation to issue shares, other
than homestead associations, building and loan associations, banks
HOUSE OF REPRESENTATIVES 3383
and insurance companies (which includes a syndicate or limited
syndicate regulated under Article V 1/2 of the Illinois Insurance
Code or member of a group of underwriters regulated under Article V
of that Code), and each foreign corporation (except members of a
group of underwriters regulated under Article V of the Illinois
Insurance Code) authorized to transact business in this State, shall
file, within the time prescribed by this Act, an annual report
setting forth:
(a) The name of the corporation.
(b) The address, including street and number, or rural
route number, of its registered office in this State, and the
name of its registered agent at that address.
(c) The address, including street and number, or rural
route number, of its principal office.
(d) The names and respective residential addresses,
including street and number, or rural route number, of its
directors and officers.
(e) A statement of the aggregate number of shares which the
corporation has authority to issue, itemized by classes and
series, if any, within a class.
(f) A statement of the aggregate number of issued shares,
itemized by classes, and series, if any, within a class.
(g) A statement, expressed in dollars, of the amount of
paid-in capital of the corporation as defined in this Act.
(h) Either a statement that (1) all the property of the
corporation is located in this State and all of its business is
transacted at or from places of business in this State, or the
corporation elects to pay the annual franchise tax on the basis
of its entire paid-in capital, or (2) a statement, expressed in
dollars, of the value of all the property owned by the
corporation, wherever located, and the value of the property
located within this State, and a statement, expressed in dollars,
of the gross amount of business transacted by the corporation and
the gross amount thereof transacted by the corporation at or from
places of business in this State as of the close of its fiscal
year on or immediately preceding the last day of the third month
prior to the anniversary month or in the case of a corporation
which has established an extended filing month, as of the close
of its fiscal year on or immediately preceding the last day of
the third month prior to the extended filing month; however, in
the case of a domestic corporation that has not completed its
first fiscal year, the statement with respect to property owned
shall be as of the last day of the third month preceding the
anniversary month and the statement with respect to business
transacted shall be furnished for the period between the date of
incorporation and the last day of the third month preceding the
anniversary month. In the case of a foreign corporation that has
not been authorized to transact business in this State for a
period of 12 months and has not commenced transacting business
prior to obtaining a certificate of authority, the statement with
respect to property owned shall be as of the last day of the
third month preceding the anniversary month and the statement
with respect to business transacted shall be furnished for the
period between the date of its authorization to transact business
in this State and the last day of the third month preceding the
anniversary month. If the data referenced in item (2) of this
subsection is not completed, the franchise tax provided for in
this Act shall be computed on the basis of the entire paid-in
capital.
(i) A statement, including the basis therefor, of status as
a "minority owned business" or as a "female owned business" as
3384 JOURNAL OF THE [May 4, 1999]
those terms are defined in the Minority and Female Business
Enterprise Act.
(j) Additional information as may be necessary or
appropriate in order to enable the Secretary of State to
administer this Act and to verify the proper amount of fees and
franchise taxes payable by the corporation.
The annual report shall be made on forms prescribed and furnished
by the Secretary of State, and the information therein required by
paragraphs (a) through (d), both inclusive, of this Section, shall be
given as of the date of the execution of the annual report and the
information therein required by paragraphs (e), (f) and (g) of this
Section shall be given as of the last day of the third month
preceding the anniversary month, except that the information required
by paragraphs (e), (f) and (g) shall, in the case of a corporation
which has established an extended filing month, be given in its final
transition annual report and each subsequent annual report as of the
close of its fiscal year immediately preceding its extended filing
month. It shall be executed by the corporation by its president, a
vice-president, secretary, assistant secretary, treasurer or other
officer duly authorized by the board of directors of the corporation
to execute those reports, and verified by him or her, or, if the
corporation is in the hands of a receiver or trustee, it shall be
executed on behalf of the corporation and verified by the receiver or
trustee.
(Source: P.A. 88-151; 88-691, eff. 1-24-95.)"; and
on page 4 by replacing lines 2 through 12 with the following:
"(2) insurance unless, for the purpose of carrying on
business as a member of a group including incorporated and
individual unincorporated underwriters, the Director of Insurance
finds that the group meets the requirements of subsection (3) of
Section 86 of the Illinois Insurance Code and the limited
liability company, if insolvent, is subject to liquidation by the
Director of Insurance under Article XIII of the Illinois
Insurance Code carried on as a business of a syndicate or limited
syndicate under Article V 1/2 of the Illinois Insurance Code;";
and
on page 6 by replacing line 25 with the following:
"syndicate or limited syndicate authorized and regulated by the
Director of Insurance under Article V 1/2 of the".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 799. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 799
AMENDMENT NO. 1. Amend Senate Bill 799 on page 3, by replacing
lines 5 through 7 with the following:
"(i) A person primarily engaged in one or more of
the following businesses: the business of purchasing
customer receivables, the business of or making loans
upon the security of customer receivables, the business
of making loans for the express purpose of funding
purchases of tangible personal property or services by
the borrower, or the business of finance leasing. For
HOUSE OF REPRESENTATIVES 3385
purposes"; and
on page 7, below line 7, by inserting the following:
"(F) Finance Leases. For purposes of this subsection,
a finance lease shall be treated as a loan or other
extension of credit, rather than as a lease, regardless of
how the transaction is characterized for any other purpose,
including the purposes of any regulatory agency to which the
lessor is subject. A finance lease is any transaction in
the form of a lease in which the lessee is treated as the
owner of the leased asset entitled to any deduction for
depreciation allowed under Section 167 of the Internal
Revenue Code.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 834. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 834
AMENDMENT NO. 1. Amend Senate Bill 834 on page 1, line 21, by
replacing "its" with "the Board's its".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 849. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Mental
Health & Patient Abuse, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 849
AMENDMENT NO. 1. Amend Senate Bill 849 by replacing everything
after the enacting clause with the following:
"Section 5. The Mental Health and Developmental Disabilities
Code is amended by changing Section 3-814 and by adding Section
1-101.2 as follows:
(405 ILCS 5/1-101.2 new)
Sec. 1-101.2. "Adequate and humane care and services" means
services reasonably calculated to result in a significant improvement
of the condition of a recipient of services confined in an inpatient
mental health facility so that he or she may be released or services
reasonably calculated to prevent further decline in the clinical
condition of a recipient of services so that he or she does not
present an imminent danger to self or others.
(405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
Sec. 3-814. Treatment plan.
(a) Not more than 30 days after admission under this Article,
the facility director shall file with the court a current treatment
plan with the court which shall include: all the requirements listed
in Section 3-209, includes an evaluation of the recipient's progress
and the extent to which he is benefiting from treatment, the criteria
which form the basis for the determination that the patient is
3386 JOURNAL OF THE [May 4, 1999]
subject to involuntary admission as defined in Section 1-119, and the
specific behaviors or conditions that demonstrate that the recipient
meets these criteria for continued confinement. If the facility
director is unable to determine any of the required information, the
treatment plan shall include an explanation of why the facility
director is unable to make this determination, what the facility
director is doing to enable himself or herself to determine the
information, and the date by which the facility director expects to
be able to make this determination. The facility director shall
forward a copy of the plan to the State's Attorney, the recipient's
attorney, if the recipient is represented by counsel, the recipient,
and any guardian of the recipient.
(b) The purpose of the filing, forwarding, and review of
treatment plans and treatment is to ensure that the recipient is
receiving adequate and humane care and services as defined in Section
1-101.2 and to ensure that the recipient continues to meet the
standards for involuntary confinement.
(c) On request of the recipient or an interested person on his
behalf, or on the court's own initiative, the court shall review the
current treatment plan to determine whether its contents comply with
the requirements of this Section and Section 3-209. A request to
review the current treatment plan may be made by the recipient, or by
an interested person on his behalf, 30 days after initial commitment
under Section 3-813, 90 days after the initial commitment, and 90
days after each additional period of commitment under subsection (b)
of Section 3-813. If the court determines that any of the information
required by this Section or Section 3-209 to be included in the
treatment plan is not in the treatment plan or that the treatment
plan does not contain information from which the court can determine
whether the recipient continues to meet the criteria for continued
confinement, the court shall indicate what is lacking and order the
facility director to revise the current treatment plan to comply with
this Section and Section 3-209. If the recipient has been ordered
committed to the facility after he has been found not guilty by
reason of insanity, the treatment plan and its review shall be
subject to the provisions of Section 5-2-4 of the Unified Code of
Corrections.
(d) The recipient or an interested person on his or her behalf
may request a hearing or the court on its own motion may order a
hearing to review the treatment being received by the recipient. The
court, the recipient, or the State's Attorney may call witnesses at
the hearing. The court may order any public agency, officer, or
employee to render such information, cooperation, and assistance as
is within its legal authority and as may be appropriate to achieve
the objectives of this Section. The court may order an independent
examination on its own initiative and shall order such an evaluation
if either the recipient or the State's Attorney so requests and has
demonstrated to the court that the plan cannot be effectively
reviewed by the court without such an examination. Under no
circumstances shall the court be required to order an independent
examination pursuant to this Section more than once each year. The
examination shall be conducted by persons authorized to conduct
independent examinations under Section 3-804 recipient or an
interested person on his behalf may request a hearing or the court on
its own motion may order a hearing to review the treatment plan. If
the court is satisfied that the recipient is benefiting from
treatment, it may continue the original order for the remainder of
the admission period. If the court is not so satisfied, it may
modify its original order or it may order the recipient discharged.
(e) In lieu of a treatment plan, the facility director may file
a typed summary of the treatment plan which contains the information
HOUSE OF REPRESENTATIVES 3387
required under Section 3-209 and subsection (a) of this Section.
(Source: P.A. 88-380.)
Section 10. The Code of Criminal Procedure of 1963 is amended by
changing Section 104-25 as follows:
(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
Sec. 104-25. Discharge hearing.
(a) As provided for in paragraph (a) of Section 104-23 and
subparagraph (1) of paragraph (b) of Section 104-23 a hearing to
determine the sufficiency of the evidence shall be held. Such
hearing shall be conducted by the court without a jury. The State
and the defendant may introduce evidence relevant to the question of
defendant's guilt of the crime charged.
The court may admit hearsay or affidavit evidence on secondary
matters such as testimony to establish the chain of possession of
physical evidence, laboratory reports, authentication of transcripts
taken by official reporters, court and business records, and public
documents.
(b) If the evidence does not prove the defendant guilty beyond a
reasonable doubt, the court shall enter a judgment of acquittal;
however nothing herein shall prevent the State from requesting the
court to commit the defendant to the Department of Human Services
under the provisions of the Mental Health and Developmental
Disabilities Code.
(c) If the defendant is found not guilty by reason of insanity,
the court shall enter a judgment of acquittal and the proceedings
after acquittal by reason of insanity under Section 5-2-4 of the
Unified Code of Corrections shall apply.
(d) If the discharge hearing does not result in an acquittal of
the charge the defendant may be remanded for further treatment and
the one year time limit set forth in Section 104-23 shall be extended
as follows:
(1) If the most serious charge upon which the State
sustained its burden of proof was a Class 1 or Class X felony,
the treatment period may be extended up to a maximum treatment
period of 2 years; if a Class 2, 3, or 4 felony, the treatment
period may be extended up to a maximum of 15 months;
(2) If the State sustained its burden of proof on a charge
of first degree murder, the treatment period may be extended up
to a maximum treatment period of 5 years.
(e) Transcripts of testimony taken at a discharge hearing may be
admitted in evidence at a subsequent trial of the case, subject to
the rules of evidence, if the witness who gave such testimony is
legally unavailable at the time of the subsequent trial.
(f) If the court fails to enter an order of acquittal the
defendant may appeal from such judgment in the same manner provided
for an appeal from a conviction in a criminal case.
(g) At the expiration of an extended period of treatment ordered
pursuant to this Section:
(1) Upon a finding that the defendant is fit or can be
rendered fit consistent with Section 104-22, the court may
proceed with trial.
(2) If the defendant continues to be unfit to stand trial,
the court shall determine whether he or she is subject to
involuntary admission under the Mental Health and Developmental
Disabilities Code or constitutes a serious threat to the public
safety. If so found, the defendant shall be remanded to the
Department of Human Services for further treatment and shall be
treated in the same manner as a civilly committed patient for all
purposes, except that the original court having jurisdiction over
the defendant shall be required to approve any conditional
release or discharge of the defendant, for the period of
3388 JOURNAL OF THE [May 4, 1999]
commitment equal to the maximum sentence to which the defendant
would have been subject had he or she been convicted in a
criminal proceeding. During this period of commitment, the
original court having jurisdiction over the defendant shall hold
hearings under clause (i) of this paragraph (2). However, if the
defendant is remanded to the Department of Human Services, the
defendant shall be placed in a secure setting unless the court
determines that there are compelling reasons why such placement
is not necessary.
If the defendant does not have a current treatment plan,
then within 3 days of admission under this subdivision (g)(2), a
treatment plan shall be prepared for each defendant and entered
into his or her record. The plan shall include (i) an assessment
of the defendant's treatment needs, (ii) a description of the
services recommended for treatment, (iii) the goals of each type
of element of service, (iv) an anticipated timetable for the
accomplishment of the goals, and (v) a designation of the
qualified professional responsible for the implementation of the
plan. The plan shall be reviewed and updated as the clinical
condition warrants, but not less than every 30 days.
Every 90 days after the initial admission under this
subdivision (g)(2), the facility director shall file a typed
treatment plan report with the original court having jurisdiction
over the defendant. The report shall include an opinion as to
whether the defendant is fit to stand trial and whether the
defendant is currently subject to involuntary admission, in need
of mental health services on an inpatient basis, or in need of
mental health services on an outpatient basis. The report shall
also summarize the basis for those findings and provide a current
summary of the 5 items required in a treatment plan. A copy of
the report shall be forwarded to the clerk of the court, the
State's Attorney, and the defendant's attorney if the defendant
is represented by counsel.
The court on its own motion may order a hearing to review
the treatment plan. The defendant or the State's Attorney may
request a treatment plan review every 90 days and the court shall
review the current treatment plan to determine whether the plan
complies with the requirements of this Section. The court may
order an independent examination on its own initiative and shall
order such an evaluation if either the recipient or the State's
Attorney so requests and has demonstrated to the court that the
plan cannot be effectively reviewed by the court without such an
examination. Under no circumstances shall the court be required
to order an independent examination pursuant to this Section more
than once each year. The examination shall be conducted by a
psychiatrist or clinical psychologist as defined in Section 1-103
of the Mental Health and Developmental Disabilities Code who is
not in the employ of the Department of Human Services.
If, during the period within which the defendant is confined
in a secure setting, the court enters an order that requires the
defendant to appear, the court shall timely transmit a copy of
the order or writ to the director of the particular Department of
Human Services facility where the defendant resides authorizing
the transportation of the defendant to the court for the purpose
of the hearing.
(i) 180 days after a defendant is remanded to the
Department of Human Services, under paragraph (2), and every
180 days thereafter for so long as the defendant is confined
under the order entered thereunder, the facility director
shall file a treatment plan with the original court having
jurisdiction over the defendant. The plan shall include an
HOUSE OF REPRESENTATIVES 3389
evaluation of the defendant's progress and the extent to
which he or she is benefitting from treatment and an opinion
as to whether the defendant is currently subject to
involuntary admission or in need of mental health services
on an inpatient basis or in need of mental health services
on an outpatient basis. A copy of the report shall be
forwarded by the facility director to the clerk of the
court, State's Attorney and the defendant's attorney if the
defendant is represented by counsel. Within 30 days of the
receipt of the report by the court, the court shall set a
hearing and shall direct that notice of the time and place
of the hearing be served upon the defendant, the facility
director, the State's Attorney, and the defendant's
attorney. If requested by either the State or the defense
or if the court determines that it is appropriate, an
impartial examination of the defendant by a psychiatrist or
clinical psychologist as defined in Section 1-103 of the
Mental Health and Developmental Disabilities Code who is not
in the employ of the Department of Human Services shall be
ordered, and the report considered at the time of the
hearing. If the defendant is not currently represented by
counsel the court shall appoint the public defender to
represent the defendant at the hearing. The court shall
make a finding as to whether the defendant is:
(A) subject to involuntary admission; or
(B) in need of mental health services in the form
of inpatient care; or
(C) in need of mental health services but not
subject to involuntary admission nor inpatient care.
The findings of the court shall be established by clear and
convincing evidence and the burden of proof and the burden
of going forward with the evidence shall rest with the
State's Attorney. Upon finding by the court, the court
shall enter its findings and an appropriate order.
(ii) The terms "subject to involuntary admission", "in
need of mental health services in the form of inpatient
care" and "in need of mental health services but not subject
to involuntary admission nor inpatient care" shall have the
meanings ascribed to them in clause (d)(3) of Section 5-2-4
of the Unified Code of Corrections.
(3) If the defendant is not committed pursuant to this
Section, he or she shall be released.
(4) In no event may the treatment period be extended to
exceed the maximum sentence to which a defendant would have been
subject had he or she been convicted in a criminal proceeding.
For purposes of this Section, the maximum sentence shall be
determined by Section 5-8-1 of the "Unified Code of Corrections",
excluding any sentence of natural life.
(Source: P.A. 89-439, eff. 6-1-96; 89-507, eff. 7-1-97.)
Section 15. The Unified Code of Corrections is amended by
changing Section 5-2-4 as follows:
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after Acquittal by Reason of Insanity.
(a) After a finding or verdict of not guilty by reason of
insanity under Sections 104-25, 115-3 or 115-4 of The Code of
Criminal Procedure of 1963, the defendant shall be ordered to the
Department of Human Services for an evaluation as to whether he is
subject to involuntary admission or in need of mental health
services. The order shall specify whether the evaluation shall be
conducted on an inpatient or outpatient basis. If the evaluation is
to be conducted on an inpatient basis, the defendant shall be placed
3390 JOURNAL OF THE [May 4, 1999]
in a secure setting unless the Court determines that there are
compelling reasons why such placement is not necessary. After the
evaluation and during the period of time required to determine the
appropriate placement, the defendant shall remain in jail. Upon
completion of the placement process the sheriff shall be notified
and shall transport the defendant to the designated facility.
The Department shall provide the Court with a report of its
evaluation within 30 days of the date of this order. The Court shall
hold a hearing as provided under the Mental Health and Developmental
Disabilities Code to determine if the individual is: (a) subject to
involuntary admission; (b) in need of mental health services on an
inpatient basis; (c) in need of mental health services on an
outpatient basis; (d) a person not in need of mental health services.
The Court shall enter its findings.
If the defendant is found to be subject to involuntary admission
or in need of mental health services on an inpatient care basis, the
Court shall order the defendant to the Department of Human Services.
The defendant shall be placed in a secure setting unless the Court
determines that there are compelling reasons why such placement is
not necessary. Such defendants placed in a secure setting shall not
be permitted outside the facility's housing unit unless escorted or
accompanied by personnel of the Department of Human Services or with
the prior approval of the Court for unsupervised on-grounds
privileges as provided herein. Any defendant placed in a secure
setting pursuant to this Section, transported to court hearings or
other necessary appointments off facility grounds by personnel of the
Department of Human Services, may be placed in security devices or
otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department of
Human Services personnel and others. These security measures shall
not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code. If the defendant is found to be in
need of mental health services, but not on an inpatient care basis,
the Court shall conditionally release the defendant, under such
conditions as set forth in this Section as will reasonably assure the
defendant's satisfactory progress in treatment or rehabilitation and
the safety of the defendant or others. If the Court finds the person
not in need of mental health services, then the Court shall order the
defendant discharged from custody.
(1) Definitions: For the purposes of this Section:
(A) "Subject to involuntary admission" means: a defendant
has been found not guilty by reason of insanity; and
(i) who is mentally ill and who because of his mental
illness is reasonably expected to inflict serious physical
harm upon himself or another in the near future; or
(ii) who is mentally ill and who because of his
illness is unable to provide for his basic physical needs so
as to guard himself from serious harm.
(B) "In need of mental health services on an inpatient
basis" means: a defendant who has been found not guilty by reason
of insanity who is not subject to involuntary admission but who
is reasonably expected to inflict serious physical harm upon
himself or another and who would benefit from inpatient care or
is in need of inpatient care.
(C) "In need of mental health services on an outpatient
basis" means: a defendant who has been found not guilty by reason
of insanity who is not subject to involuntary admission or in
need of mental health services on an inpatient basis, but is in
need of outpatient care, drug and/or alcohol rehabilitation
programs, community adjustment programs, individual, group, or
family therapy, or chemotherapy.
HOUSE OF REPRESENTATIVES 3391
(D) "Conditional Release" means: the release from either
the custody of the Department of Human Services or the custody of
the Court of a person who has been found not guilty by reason of
insanity under such conditions as the Court may impose which
reasonably assure the defendant's satisfactory progress in
treatment or habilitation and the safety of the defendant and
others. The Court shall consider such terms and conditions which
may include, but need not be limited to, outpatient care,
alcoholic and drug rehabilitation programs, community adjustment
programs, individual, group, family, and chemotherapy, periodic
checks with the legal authorities and/or the Department of Human
Services. The person or facility rendering the outpatient care
shall be required to periodically report to the Court on the
progress of the defendant. Such conditional release shall be for
a period of five years, unless the defendant, the person or
facility rendering the treatment, therapy, program or outpatient
care, or the State's Attorney petitions the Court for an
extension of the conditional release period for an additional
three years. Upon receipt of such a petition, the Court shall
hold a hearing consistent with the provisions of this paragraph
(a) and paragraph (f) of this Section, shall determine whether
the defendant should continue to be subject to the terms of
conditional release, and shall enter an order either extending
the defendant's period of conditional release for a single
additional three year period or discharging the defendant. In no
event shall the defendant's period of conditional release exceed
eight years. These provisions for extension of conditional
release shall only apply to defendants conditionally released on
or after July 1, 1979. However the extension provisions of Public
Act 83-1449 apply only to defendants charged with a forcible
felony.
(E) "Facility director" means the chief officer of a mental
health or developmental disabilities facility or his or her
designee or the supervisor of a program of treatment or
habilitation or his or her designee. "Designee" may include a
physician, clinical psychologist, social worker, or nurse.
(b) If the Court finds the defendant subject to involuntary
admission or in need of mental health services on an inpatient basis,
the admission, detention, care, treatment or habilitation, treatment
plans, review proceedings, including review of treatment and
treatment plans, and discharge of the defendant after such order
shall be under the Mental Health and Developmental Disabilities Code,
except that the initial order for admission of a defendant acquitted
of a felony by reason of insanity shall be for an indefinite period
of time. Such period of commitment shall not exceed the maximum
length of time that the defendant would have been required to serve,
less credit for good behavior, before becoming eligible for release
had he been convicted of and received the maximum sentence for the
most serious crime for which he has been acquitted by reason of
insanity. The Court shall determine the maximum period of commitment
by an appropriate order. During this period of time, the defendant
shall not be permitted to be in the community in any manner,
including but not limited to off-grounds privileges, with or without
escort by personnel of the Department of Human Services, unsupervised
on-grounds privileges, discharge or conditional or temporary release,
except by a plan as provided in this Section. In no event shall a
defendant's continued unauthorized absence be a basis for discharge.
Not more than 30 days after admission and every 60 days thereafter so
long as the initial order remains in effect, the facility director
shall file a treatment plan report with the court and forward a copy
of the treatment plan report to the clerk of the court, the State's
3392 JOURNAL OF THE [May 4, 1999]
Attorney, and the defendant's attorney, if the defendant is
represented by counsel, or to a person authorized by the defendant
under the Mental Health and Developmental Disabilities
Confidentiality Act to be sent a copy of the report. The report Such
plan shall include an opinion as to whether the defendant is
currently subject to involuntary admission, in need of mental health
services on an inpatient basis, or in need of mental health services
on an outpatient basis. The report shall also summarize the basis
for those findings and provide a current summary of the following
items from the treatment plan: (1) an assessment of the defendant's
treatment needs, (2) a description of the services recommended for
treatment, (3) the goals of each type of element of service, (4) an
anticipated timetable for the accomplishment of the goals, and (5) a
designation of the qualified professional responsible for the
implementation of the plan an evaluation of the defendant's progress
and the extent to which he is benefiting from treatment. The report
Such plan may also include unsupervised on-grounds privileges,
off-grounds privileges (with or without escort by personnel of the
Department of Human Services), home visits and participation in work
programs, but only where such privileges have been approved by
specific court order, which order may include such conditions on the
defendant as the Court may deem appropriate and necessary to
reasonably assure the defendant's satisfactory progress in treatment
and the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of insanity
and subsequently found to be subject to involuntary admission or in
need of mental health services shall be represented by counsel in all
proceedings under this Section and under the Mental Health and
Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public defender
or an attorney licensed by this State.
(2) Upon filing with the Court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (1) of this subsection, the Court shall
determine a reasonable fee for such services. If the defendant
is unable to pay the fee, the Court shall enter an order upon the
State to pay the entire fee or such amount as the defendant is
unable to pay from funds appropriated by the General Assembly for
that purpose.
(d) When the facility director determines that:
(1) the defendant is no longer subject to involuntary
admission or in need of mental health services on an inpatient
basis; and
(2) the defendant may be conditionally released because he
or she is still in need of mental health services or that the
defendant may be discharged as not in need of any mental health
services; or
(3) the defendant no longer requires placement in a secure
setting;
the facility director shall give written notice to the Court, State's
Attorney and defense attorney. Such notice shall set forth in detail
the basis for the recommendation of the facility director, and
specify clearly the recommendations, if any, of the facility
director, concerning conditional release. Within 30 days of the
notification by the facility director, the Court shall set a hearing
and make a finding as to whether the defendant is:
(i) subject to involuntary admission; or
(ii) in need of mental health services in the form of
inpatient care; or
(iii) in need of mental health services but not subject to
involuntary admission or inpatient care; or
HOUSE OF REPRESENTATIVES 3393
(iv) no longer in need of mental health services; or
(v) no longer requires placement in a secure setting.
Upon finding by the Court, the Court shall enter its findings and
such appropriate order as provided in subsection (a) of this Section.
(e) A defendant admitted pursuant to this Section, or any person
on his behalf, may file a petition for treatment plan review,
transfer to a non-secure setting within the Department of Human
Services or discharge or conditional release under the standards of
this Section in the Court which rendered the verdict. Upon receipt
of a petition for treatment plan review, transfer to a non-secure
setting or discharge or conditional release, the Court shall set a
hearing to be held within 120 days. Thereafter, no new petition may
be filed for 120 days without leave of the Court.
(f) The Court shall direct that notice of the time and place of
the hearing be served upon the defendant, the facility director, the
State's Attorney, and the defendant's attorney. If requested by
either the State or the defense or if the Court feels it is
appropriate, an impartial examination of the defendant by a
psychiatrist or clinical psychologist as defined in Section 1-103 of
the Mental Health and Developmental Disabilities Code who is not in
the employ of the Department of Human Services shall be ordered, and
the report considered at the time of the hearing.
(g) The findings of the Court shall be established by clear and
convincing evidence. The burden of proof and the burden of going
forth with the evidence rest with the State when a hearing is held to
review the determination of the facility director that the defendant
should be transferred to a non-secure setting, discharged or
conditionally released. The burden of proof and the burden of going
forth with the evidence rest on the defendant when a hearing is held
to review a petition filed by or on behalf of such defendant. The
evidence shall be presented in open Court with the right of
confrontation and cross-examination.
(h) If the Court finds that the defendant is no longer in need
of mental health services it shall order the facility director to
discharge the defendant. If the Court finds that the defendant is in
need of mental health services, and no longer in need of inpatient
care, it shall order the facility director to release the defendant
under such conditions as the Court deems appropriate and as provided
by this Section. Such conditional release shall be imposed for a
period of five years and shall be subject to later modification by
the Court as provided by this Section. If the Court finds that the
defendant is subject to involuntary admission or in need of mental
health services on an inpatient basis, it shall order the facility
director not to discharge or release the defendant in accordance with
paragraph (b) of this Section.
(i) If within the period of the defendant's conditional release,
the Court determines, after hearing evidence, that the defendant has
not fulfilled the conditions of release, the Court shall order a
hearing to be held consistent with the provisions of paragraph (f)
and (g) of this Section. At such hearing, if the Court finds that the
defendant is subject to involuntary admission or in need of mental
health services on an inpatient basis, it shall enter an order
remanding him or her to the Department of Human Services or other
facility. If the defendant is remanded to the Department of Human
Services, he or she shall be placed in a secure setting unless the
Court determines that there are compelling reasons that such
placement is not necessary. If the Court finds that the defendant
continues to be in need of mental health services but not on an
inpatient basis, it may modify the conditions of the original release
in order to reasonably assure the defendant's satisfactory progress
in treatment and his or her safety and the safety of others. In no
3394 JOURNAL OF THE [May 4, 1999]
event shall such conditional release be longer than eight years.
Nothing in this Section shall limit a Court's contempt powers or any
other powers of a Court.
(j) An order of admission under this Section does not affect the
remedy of habeas corpus.
(k) In the event of a conflict between this Section and the
Mental Health and Developmental Disabilities Code or the Mental
Health and Developmental Disabilities Confidentiality Act, the
provisions of this Section shall govern.
(l) This amendatory Act shall apply to all persons who have been
found not guilty by reason of insanity and who are presently
committed to the Department of Mental Health and Developmental
Disabilities (now the Department of Human Services).
(m) The Clerk of the Court shall, after the entry of an order of
transfer to a non-secure setting of the Department of Human Services
or discharge or conditional release, transmit a certified copy of the
order to the Department of Human Services, and the sheriff of the
county from which the defendant was admitted. In cases where the
arrest of the defendant or the commission of the offense took place
in any municipality with a population of more than 25,000 persons,
the Clerk of the Court shall also transmit a certified copy of the
order of discharge or conditional release to the proper law
enforcement agency for said municipality provided the municipality
has requested such notice in writing.
(Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97; 90-105, eff.
7-11-97; 90-593, eff. 6-19-98.)
Section 99. Effective date. This Act takes effect January 1,
2000.".
AMENDMENT NO. 2 TO SENATE BILL 849
AMENDMENT NO. 2. Amend Senate Bill 849, AS AMENDED, by inserting
immediately above Section 5, the following:
"Section 2. The Mental Health and Developmental Disabilities
Administrative Act is amended by changing Section 2 as follows:
(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)
Sec. 2. Definitions; administrative subdivisions.
(a) For the purposes of this Act, unless the context otherwise
requires:
"Department" means the Department of Human Services, successor to
the former Department of Mental Health and Developmental
Disabilities.
"Secretary" means the Secretary of Human Services.
(b) Unless the context otherwise requires:
(1) References in this Act to the programs or facilities of
the Department shall be construed to refer only to those programs
or facilities of the Department that pertain to mental health or
developmental disabilities.
(2) References in this Act to the Department's service
providers or service recipients shall be construed to refer only
to providers or recipients of services that pertain to the
Department's mental health and developmental disabilities
functions.
(3) References in this Act to employees of the Department
shall be construed to refer only to employees whose duties
pertain to the Department's mental health and developmental
disabilities functions.
(c) The Secretary shall establish such subdivisions of the
Department as shall be desirable and shall assign to the various
subdivisions the responsibilities and duties placed upon the
Department by the Laws of the State of Illinois.
HOUSE OF REPRESENTATIVES 3395
(d) There is established a coordinator of services to mentally
disabled deaf and hearing impaired persons. In hiring this
coordinator, every consideration shall be given to qualified deaf or
hearing impaired individuals.
(e) Whenever the administrative director of the subdivision for
mental health services is not a board-certified psychiatrist, the
Secretary shall appoint a Chief for Clinical Services who shall be a
board-certified psychiatrist with both clinical and administrative
experience. The Chief for Clinical Services shall be responsible for
all clinical and medical decisions for mental health services.
(Source: P.A. 89-507, eff. 7-1-97.)".
AMENDMENT NO. 3 TO SENATE BILL 849
AMENDMENT NO. 3. Amend Senate Bill 849, AS AMENDED, by inserting
immediately below Section 15 of the bill the following:
"Section 20. The Mental Health and Developmental Disabilities
Confidentiality Act is amended by changing Section 9.2 as follows:
(740 ILCS 110/9.2)
Sec. 9.2. Interagency disclosure of recipient information. For
the purposes of continuity of care, the Department of Human Services
(as successor to the Department of Mental Health and Developmental
Disabilities), and community agencies funded by the Department of
Human Services in that capacity, and jails operated by any county of
this State may disclose a recipient's record or communications,
without consent, to each other, but only for the purpose of
admission, treatment, planning, or discharge. Entities shall not
redisclose any personally identifiable information, unless necessary
for admission, treatment, planning, or discharge of the identified
recipient to another setting. No records or communications may be
disclosed to a county jail pursuant to this Section unless the
Department has entered into a written agreement with the county jail
requiring that the county jail adopt written policies and procedures
designed to ensure that the records and communications are disclosed
only to those persons employed by or under contract to the county
jail who are involved in the provision of mental health services to
inmates and that the records and communications are protected from
further disclosure.
(Source: P.A. 88-484; 89-507, eff. 7-1-97.)".
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were adopted and the bill, as amended, was
advanced to the order of Third Reading.
SENATE BILL 878. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 878
AMENDMENT NO. 1. Amend Senate Bill 878 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Use and
Occupation Tax Refund Fund Act.".
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.
3396 JOURNAL OF THE [May 4, 1999]
SENATE BILL 916. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Higher
Education, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 916
AMENDMENT NO. 1. Amend Senate Bill 916 on page 6, lines 29 and
30, by replacing "funding the President's housing stipend" with
"upgrading the on-campus formal reception facility".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 958. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Local
Government, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 958
AMENDMENT NO. 1. Amend Senate Bill 958 on page 1, lines 2 and 6,
by replacing "Section 410/5" each time it appears with "Sections 5,
13, and 15 and by adding Sections 12b, 12c, and 12d"; and
on page 3, by inserting below line 31 the following:
"(70 ILCS 410/12b new)
Sec. 12b. Eminent domain or condemnation. Property owned by a
conservation district may not be subject to eminent domain or
condemnation proceedings.
(70 ILCS 410/12c new)
Sec. 12c. Special assessments. Property owned by a conservation
district may not be subject to special assessments by any other unit
of local government.
(70 ILCS 410/12d new)
Sec. 12d. Annexation. Property owned by a conservation district
may not be subject to annexation without the express consent of the
district.
(70 ILCS 410/13) (from Ch. 96 1/2, par. 7114)
Sec. 13. The fiscal year of each district shall commence April 1
and extend through the following March 31.
The board shall, within the first quarter of each fiscal year,
adopt a combined annual budget and appropriation ordinance as
provided in the Illinois Municipal Budget Law. In a district
located entirely within a county with a population of less 300,000
that is contiguous to a county with a population of more than
2,000,000, the district's combined annual budget and appropriation
ordinance shall not be considered to be adopted until it is also
adopted by resolution of the county board of the county in which the
district is located.
Except as otherwise provided in this Act, a district may annually
levy taxes upon all the taxable property therein at the value
thereof, as equalized or assessed by the Department of Revenue, to be
extended at not more than the rates and for the purposes specified
hereinafter:
(1) 0.025% for the general purposes of the district,
including acquisition and development of real property which may
be in excess of current requirements and allowed to accumulate
from year to year, and for any purposes specified by the
HOUSE OF REPRESENTATIVES 3397
district; however, no tax may be extended at a rate that will
result in accumulation of any amount representing more than
0.075% of the equalized assessed valuation of the district.
(2) 0.075% for acquisition of real property, which may be
in excess of current requirements and allowed to accumulate from
year to year, and for any purposes specified by the district;
however, no tax may be extended at a rate that will result in
accumulation of any amount representing more than 0.25% of the
equalized assessed valuation of the district.
(3) 0.1%, in lieu of the two rates specified in (1) and (2)
above, for the general purposes of the district, including the
acquisition, development, operation and maintenance of real
property which may be in excess of current requirements and
allowed to accumulate from year to year, and for any purposes
specified by the district; however, no tax may be extended at a
rate that will result in accumulation of any amount representing
more than 0.325% of the equalized assessed valuation of the
district.
Except as provided in some other Act, a district may not levy
annual taxes, for all its purposes in the aggregate, in excess of
0.1% of the value, as equalized or assessed by the Department of
Revenue, of the taxable property therein.
After the adoption of the combined budget and appropriation
ordinance and within the second quarter of each fiscal year, the
board shall ascertain the total amount of the appropriations legally
made which are to be provided for from tax levies for the current
year. Then, by an ordinance specifying in detail the purposes for
which such appropriations have been made and the amounts appropriated
for such purposes, the board shall levy not to exceed the total
amount so ascertained upon all the property subject to taxation
within the district as the same is assessed and equalized for state
and county purposes for the current year. A certified copy of such
ordinance shall be filed on or before the first Tuesday in October
with the clerk of each county wherein the district or any part
thereof is located.
(Source: P.A. 85-715; 86-1297.)
(70 ILCS 410/15) (from Ch. 96 1/2, par. 7116)
Sec. 15. (a) Whenever a district does not have sufficient money
in its treasury to meet all necessary expenses and liabilities
thereof, it may issue tax anticipation warrants. Such issue of tax
anticipation warrants shall be subject to the provisions of Section 2
of "An Act to provide for the manner of issuing warrants upon the
treasurer of the State or of any county, township, or other municipal
corporation or quasi municipal corporation, or of any farm drainage
district, river district, drainage and levee district, fire
protection district and jurors' certificates", approved June 27,
1913, as now and hereafter amended.
(b) For the purpose of acquisition of real property, or rights
thereto, a district may incur indebtedness and, as evidence of the
indebtedness thus created, may issue and sell bonds without first
obtaining the consent of the legal voters of the district.
(c) For the purpose of development of real property, a district
may incur indebtedness and, as evidence of the indebtedness thus
created, may issue and sell bonds only after the proposition to issue
bonds has been submitted to the legal voters of the district at an
election and has been approved by a majority of those voting on the
proposition. Such election is subject to Section 15.1 of this Act.
(d) No district shall become indebted in any manner or for any
purpose, to any amount including existing indebtedness in the
aggregate exceeding 0.575% of the value, as equalized or assessed by
the Department of Revenue, of the taxable property therein; except
3398 JOURNAL OF THE [May 4, 1999]
that a district entirely within a county of under 300,000 200,000
inhabitants and contiguous to a county of more than 2,000,000
inhabitants may incur indebtedness, including existing indebtedness,
in the aggregate not exceeding 1.725% of that value if the aggregate
indebtedness over 0.575% is submitted to the legal voters of the
district at an election and is approved by a majority of those voting
on the proposition as provided in Section 15.1.
(e) Before or at the time of issuing bonds for acquisition or
development of real property, the district shall provide by ordinance
for the collection of an annual tax, in addition to all other taxes
authorized by this act, sufficient to pay such bonds and the interest
thereon as the same respectively become due. Such bonds shall be
divided into series, the first of which shall mature not later than 5
years after the date of issue and the last of which shall mature not
later than 20 years after the date of issue; shall bear interest at a
rate or rates not exceeding the maximum rate permitted in "An Act to
authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now or
hereafter amended; shall be in such form as the district shall by
resolution provide and shall be payable as to both principal and
interest from the proceeds of the annual levy of taxes authorized to
be levied by this Section, or so much thereof as will be sufficient
to pay the principal thereof and the interest thereon. Prior to the
authorization and issuance of such bonds the district may, with or
without notice, negotiate and enter into an agreement or agreements
with any bank, investment banker, trust company or insurance company
or group thereof whereunder the marketing of such bonds may be
assured and consummated. The proceeds of such bonds shall be
deposited in a special fund, to be kept separate and apart from all
other funds of the conservation district.
(Source: P.A. 86-785.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2 TO SENATE BILL 958
AMENDMENT NO. 2. Amend Senate Bill 958, AS AMENDED, in the title
by replacing "Sections 5," with "Sections 5, 6,"; and
in Section 5, in the introductory clause, by replacing "Sections 5,"
with "Sections 5, 6,"; and
in Section 5, by replacing Sec. 5 with the following:
"(70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
Sec. 5. Board of trustees.
(a) The affairs of a conservation district shall be managed by a
board consisting which shall consist of 5 trustees, except as
otherwise provided in this Section. If the boundaries of the district
are coextensive with the boundaries of one county, the trustees shall
be residents of that county. If the district embraces 2 counties, 3
trustees shall be residents of the county with the larger population
and 2 trustees shall be residents of the other county. If the
district embraces 3 counties, one trustee shall be a resident of the
county with the smallest population and each of the other counties
shall have 2 resident trustees. If the district embraces 4 counties,
2 trustees shall be residents of the county with the largest
population and each of the other counties shall have one resident
trustee. If the district embraces 5 counties, each county shall have
one resident trustee.
(b) A district that is entirely within a county of under 300,000
200,000 inhabitants and contiguous to a county of more than 2,000,000
inhabitants and that is authorized by referendum as provided in
HOUSE OF REPRESENTATIVES 3399
subsection (d) of Section 15 to incur indebtedness over 0.575% but
not to exceed 1.725% shall have a board consisting of 7 trustees, all
of whom shall be residents of the county. The additional 2 trustees
shall be appointed by the chairman of the county board, with the
consent of the county board, and shall hold office for terms expiring
on June 30 as follows: one trustee after 4 years and one trustee
after 5 years from the date of the referendum. Successor trustees
shall be appointed in the same manner no later than June 1 before the
commencement of the term of the trustee.
(c) Trustees shall be qualified voters of the such district who
do not hold any other public office and are not officers of any
political party. Trustees, if nominated by the county board chairman
as hereinafter provided, shall be selected on the basis of their
demonstrated interest in the purpose of conservation districts.
(d) If the trustees are appointed, the chairman of the county
board for the county of which the trustee is a resident shall, with
the consent of the county board of that county, appoint the first
trustees who shall hold office for terms expiring on June 30 after
one, 2, 3, 4, and 5 year periods respectively as determined and fixed
by lot. Thereafter, successor appointed trustees shall be appointed
for a term of 5-years in the same manner no later than June 1 prior
to the commencement of term of the trustee. If the term of office of
any appointed trustee expires before the first election of trustees
under subsection (i) after referendum approval of elected trustees,
the chairman of the county board who appointed that trustee under
this subsection shall appoint a successor to serve until a successor
is elected and has qualified.
(e) When a vacancy occurs in the office of trustee, whether by
death, resignation, refusal to qualify, no longer being a qualified
voter of the district, or for any other reason, the board of trustees
shall declare that a vacancy exists. The vacancy shall be filled
within 60 days each successor trustee shall serve for a term of 5
years. A vacancy occurring otherwise than by expiration of term, for
appointed trustees, shall be filled for the unexpired term by
appointment of a trustee by the county board chairman of the county
of which the trustee shall be a resident, with the approval of the
county board of that county. An appointed A trustee who has served a
full term of 5 years is ineligible to serve as a trustee for a period
of one year following the expiration of his or her term. In the case
of an elected trustee, appointment of an eligible person shall be by
the president of the board of trustees with the advice and consent of
the other trustees. The appointee shall serve the remainder of the
unexpired term. If, however, more than 28 months remain in the term
of an elected trustee and the vacancy occurs at least 182 days before
the next general election, the appointment shall be until the next
general election, at which time the vacated office of the elected
trustee shall be filled by election for the remainder of the term.
If a vacancy occurs in the office of president of the board of
trustees, the remaining trustees shall select one of their number to
serve as president for the balance of the unexpired term of the
president in whose office the vacancy occurred.
When any trustee during his or her term of office shall cease to
be a bona fide resident of the county or district, or shall move from
one township or congressional township in the district to another so
that the township residency requirements of this Section are no
longer met, then he or she is disqualified as a trustee and the
office becomes vacant. If the district has decided to elect or
appoint trustees from single member subdistricts under subsection
(i), then when any trustee during his or her term of office shall
cease to be a bona fide resident of the subdistrict district he or
she is disqualified as a trustee and the his office becomes vacant.
3400 JOURNAL OF THE [May 4, 1999]
(f) Trustees shall serve without compensation, but may be paid
their actual and necessary expenses incurred in the performance of
their official duties.
(g) An appointed A trustee may be removed for cause by the
county board chairman for the county of which the trustee is a
resident, with the approval of the county board of that county, but
every such removal shall be by a written order and, which shall be
filed with the county clerk.
(h) A conservation district with 5 trustees may determine by
majority vote of the board to increase the size of the board to 7
trustees. With respect to a 7-member board, no more than 3 members
may be residents of any township in a county under township
organization or of any congressional township in a county not under
township organization. In the case of a 7-member board representing a
district that embraces 2 counties, 4 trustees shall be residents of
the county with the larger population and 3 trustees shall be
residents of the other county. If the district embraces 3 counties,
2 trustees shall be residents of each of the 2 counties with the
smallest population and the largest county shall have 3 resident
trustees. If the district embraces 4 counties, one trustee shall be
a resident of the county with the smallest population and each of the
other counties shall have 2 resident trustees. If the district
embraces 5 counties, the 2 counties with the largest population shall
each have 2 resident trustees and each of the other counties shall
have one resident trustee. The pertinent appointing authorities
shall appoint the additional 2 trustees to initial terms as equally
staggered as possible from the terms of the trustees already
appointed from that township or county so that 2 trustees
representing the same area shall not be succeeded in the same year.
(i) Except as provided in subsection (b), a conservation
district in a county adjacent to county with more than 3,000,000
inhabitants may determine by referendum (i) to have an elected or
appointed board of trustees, (ii) to have a board of trustees with 5
or 7 members, and (iii) to have trustees chosen at large or from
single member subdistricts. If the boundaries of the district are
coextensive with the boundaries of a single county, the county board
may determine by ordinance to hold the referendum; or if the
boundaries of the district are embraced by more than one county, the
county boards of each county in the district, jointly, may determine
by ordinance to hold the referendum; or a petition signed by not less
than 5% of the electors of the entire district may be submitted to
the board of trustees requiring the district to hold the referendum.
The secretary of the board of trustees shall certify the
proposition to the appropriate election authorities who shall submit
the proposition at a consolidated or general election according to
the Election Code. The Election Code shall apply to and govern the
election. The proposition shall be in substantially the following
form:
Shall the (insert name) Conservation District have an
(insert "elected" or "appointed") board of trustees with (insert
"5" or "7") trustees chosen (insert "at large" or "from single
member subdistricts")?
The votes shall be recorded as "Yes" or "No".
If a majority of the votes cast on the proposition are in the
affirmative, the trustees of the district shall thereafter be chosen
as provided in this paragraph. At the next consolidated election, a
district that has decided by referendum to have its trustees elected
rather than appointed shall elect 5 or 7 trustees as provided in the
ordinance or petition and in the proposition. The trustees shall be
elected on a nonpartisan basis. The provisions of the general
election law shall apply to and govern the nomination and election of
HOUSE OF REPRESENTATIVES 3401
the trustees.
(1) If the district has decided to elect or appoint at
large trustees, then with respect to a 5-member board, the
residency of members shall be the same as prescribed in
subsection (a).
With respect to a 7-member board, no more than 3 members may
be residents of any township in a county under township
organization or of any congressional township in a county not
under township organization. In the case of a 7-member board
representing a district that embraces 2 counties, 4 trustees
shall be residents of the county with the larger population and 3
trustees shall be residents of the other county. If the district
embraces 3 counties, 2 trustees shall be residents of each of the
2 counties with the smallest population and the largest county
shall have 3 resident trustees. If the district embraces 4
counties, one trustee shall be a resident of the county with the
smallest population and each of the other counties shall have 2
resident trustees. If the district embraces 5 counties, the 2
counties with the largest population shall each have 2 resident
trustees and each of the other counties shall have one resident
trustee.
(2) If the district has decided to elect or appoint
trustees from single member subdistricts, then with respect to a
5-member board of a district embracing a single county, the
county board shall apportion the district into 5 subdistricts.
One trustee shall be a resident of and elected or appointed from
each of the 5 subdistricts. In the case of a 5-member board of a
district embracing more than one county, the members of each
county board shall, jointly, apportion the district into 5
subdistricts. One trustee shall be a resident of and elected or
appointed from each of the 5 subdistricts. The initial
subdistricts shall be apportioned within 90 days after the
referendum is approved, and the subdistricts shall be
reapportioned after each decennial census.
With respect to a 7-member board of a district embracing a
single county, the county board shall apportion the district into
7 subdistricts. One trustee shall be a resident of and elected
or appointed from each of the 7 subdistricts. In the case of a
7-member board of a district embracing more than one county, the
members of each county board shall, jointly, apportion the
district into 7 subdistricts. One trustee shall be a resident of
and elected or appointed from each of the 7 subdistricts. The
initial subdistricts shall be apportioned within 90 days after
the referendum is approved, and the subdistricts shall be
reapportioned after each decennial census.
(j) When a conservation district determines to elect or appoint
trustees as provided in subsection (i), the terms of these trustees
shall commence on the first Monday of December following the
election. The terms of all trustees previously appointed or elected
under this Section shall expire on the first Monday of December
following the first election.
(1) If the district has decided to elect or appoint at
large trustees, then the initial elected board of trustees shall,
no later than 45 days after taking office, divide themselves
publicly by lot as equally as possible into 2 groups. Trustees
or their successors from the larger group shall serve for terms
of 4 years; the initial elected trustees from the second group
shall serve for terms of 2 years, and their successors shall be
elected for terms of 4 years.
(2) If the district has decided to elect or appoint
trustees from single member subdistricts, then the members of the
3402 JOURNAL OF THE [May 4, 1999]
initial elected board of trustees and each subsequent board
elected prior to the first decennial census following the initial
apportionment shall be elected to a term of 2 years. In the year
following the first decennial census occurring after the initial
apportionment and in the year following each subsequent decennial
census, the 5 or 7 subdistricts shall be reapportioned to reflect
the results of the census. The board of trustees elected in the
first election following a decennial census shall, no later than
45 days after taking office, divide themselves publicly by lot as
equally as possible into 3 groups. Trustees or their successors
from one group shall be elected to terms of 4 years, 4 years, and
2 years. Trustees or their successors from the second group
shall be elected to terms of 4 years, 2 years, and 4 years. The
trustee or successors from the third group shall be elected to
terms of 2 years, 4 years, and 4 years.
(Source: P.A. 90-195, eff. 7-24-97.)
(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
Sec. 6. Officers and employees. As soon as possible after the
initial election or the initial appointments, as the case may be
Within 60 days after their selection, the trustees shall organize by
selecting from their members a president, secretary, treasurer, and
such other officers as are deemed necessary, who shall hold office
for 2 years in the case of an elected board, or the fiscal year in
which elected in the case of an appointed board, and until their
successors are selected and qualify. Three trustees shall constitute
a quorum of the board for the transaction of business if the district
has 5 trustees. If the district has 7 trustees, 4 trustees shall
constitute a quorum of the board for the transaction of business.
The board shall hold regular monthly meetings. Special meetings may
be called by the president and shall be called on the request of a
majority of members, as may be required.
The board shall provide for the proper and safe keeping of its
permanent records and for the recording of the corporate action of
the district. It shall keep a proper system of accounts showing a
true and accurate record of its receipts and disbursements, and it
shall cause an annual audit to be made of its books, records, and
accounts.
The records of the district shall be subject to public inspection
at all reasonable hours and under such regulations as the board may
prescribe.
The district shall annually make a full and complete report to
the county board of each county within the district and to the
Department of Natural Resources of its transactions and operations
for the preceding year. The Such report shall contain a full
statement of its receipts, disbursements, and the program of work for
the period covered, and may include such recommendations as may be
deemed advisable.
Executive or ministerial duties may be delegated to one or more
trustees or to an authorized officer, employee, agent, attorney, or
other representative of the district.
All officers and employees authorized to receive or retain the
custody of money or to sign vouchers, checks, warrants, or evidences
of indebtedness binding upon the district shall furnish surety bond
for the faithful performance of their duties and the faithful
accounting for all moneys that may come into their hands in an amount
to be fixed and in a form to be approved by the board.
All contracts for supplies, material, or work involving an
expenditure in excess of $10,000 shall be let to the lowest
responsible bidder, after due advertisement, excepting work requiring
personal confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible. All contracts
HOUSE OF REPRESENTATIVES 3403
for supplies, material, or work shall be signed by the president of
the board and by any such other officer as the board in its
discretion may designate.
(Source: P.A. 89-445, eff. 2-7-96.)".
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Black, SENATE BILL 72 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 9)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
RECALLS
By unanimous consent, on motion of Representative Jerry Mitchell,
SENATE BILL 840 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 236
Offered by Representative Fowler:
WHEREAS, The members of the Illinois House of Representatives are
proud to acknowledge communities within the State of Illinois; and
WHEREAS, Eddyville, located in Pope County, and in the heart of
the Shawnee National Forest, is one such community; and
WHEREAS, Eddyville is a small part of the larger whole; there are
campgrounds with 300 campsites available, all located around
Eddyville; Bear Branch, Hay's Creek, and Bay Creek are just a few of
the campgrounds that provide the area with local revenue from
tourists; and
WHEREAS, With the contribution of the campgrounds, the parks, and
the natural surroundings, Eddyville and Pope County are known for
trail riding; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Village of
Eddyville, in Pope County, be designated the "Trail Riding Capital of
Illinois"; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Village of Eddyville.
HOUSE RESOLUTION 239
3404 JOURNAL OF THE [May 4, 1999]
Offered by Representative Bill Mitchell:
WHEREAS, The members of the National Guard of Illinois have
faithfully and diligently served the interests of Illinois; and
WHEREAS, The members of the National Guard of Illinois have
served the State of Illinois and the United States of America
fighting with honor in World Wars I and II and in Korea, Vietnam, and
the Gulf War, as well as supporting NATO efforts in the Balkans; and
WHEREAS, The members of the National Guard of Illinois have
served the State of Illinois and its citizens well in times of
disaster and emergency; and
WHEREAS, The State of Illinois has taken leadership in the area
of recognizing the value of active military service and shelters such
service from State taxation; and
WHEREAS, The men and women of the National Guard of Illinois
respectfully request the extension of that courtesy to the State and
inactive duty wages earned in other than an active duty status
supporting an income tax deduction for any compensation received as a
member of the Illinois National Guard; and
WHEREAS, The men and women of the National Guard of Illinois will
continue to serve their nation and State with distinction, pride, and
honor; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the General Assembly
of Illinois respectfully requests that the Governor include such
provisions in the Fiscal Year 2000 budget and that the members of the
General Assembly extend the benefit of active military service to
State and inactive duty wages to the more than 13,000 members of the
Army or Air National Guard of the State of Illinois.
SENATE BILLS ON SECOND READING
SENATE BILL 1030. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1030
AMENDMENT NO. 1. Amend Senate Bill 1030 on page 1, by replacing
lines 25 and 26 with the following:
"general rulemaking authority is generally not sufficient; the
citation should be to the statute that most specifically authorizes
the program"; and
on page 5, by replacing lines 11 and 12 with the following:
"generally not sufficient; the citation should be to the statute that
most specifically authorizes the program being implemented."; and
on page 7, by replacing lines 10 and 11 with the following:
"general rulemaking authority is generally not sufficient; the
citation should be to the statute that most specifically authorizes
the program being".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1065. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Children
& Youth, adopted and printed:
HOUSE OF REPRESENTATIVES 3405
AMENDMENT NO. 1 TO SENATE BILL 1065
AMENDMENT NO. 1. Amend Senate Bill 1065 by replacing the title
with the following:
"AN ACT to amend the Early Intervention Services System Act by
changing Sections 2, 3, 6, 11, 12, and 13 and by repealing Section
14."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Early Intervention Services System Act is
amended by changing Sections 2, 3, 6, 11, 12, and 13 as follows:
(325 ILCS 20/2) (from Ch. 23, par. 4152)
Sec. 2. Legislative Findings and Policy.
(a) The General Assembly finds that there is an urgent and
substantial need to:
(1) enhance the development of all eligible infants and
toddlers in the State of Illinois in order to minimize
developmental delay and maximize individual potential for adult
independence;
(2) enhance the capacity of families to meet the special
needs of eligible infants and toddlers including the purchase of
services when necessary;
(3) reduce educational costs by minimizing the need for
special education and related services when eligible infants and
toddlers reach school age;
(4) enhance the independence, productivity and integration
with age-appropriate peers of eligible children and their
families;
(5) reduce social services costs and minimize the need for
institutionalization; and
(6) prevent secondary impairments and disabilities by
improving the health of infants and toddlers, thereby reducing
health costs for the families and the State.
(b) The General Assembly therefore intends that the policy of
this State shall be to:
(1) affirm the importance of the family in all areas of the
child's development and reinforce the role of the family as a
participant in the decision making processes regarding their
child;
(2) provide assistance and support to eligible infants and
toddlers and their families to address the individual concerns
and decisions of each family;
(3) develop and implement, on a statewide basis, locally
based comprehensive, coordinated, interdisciplinary, interagency
early intervention services for all eligible infants and
toddlers;
(4) enhance the local communities' capacity to provide an
array of quality early intervention services;
(5) identify and coordinate all available resources for
early intervention within the State including those from federal,
State, local and private sources;
(6) provide financial and technical assistance to local
communities for the purposes of coordinating early intervention
services in local communities and enhancing the communities'
capacity to provide individualized early intervention services to
all eligible infants and toddlers in their homes or in community
environments; and
(7) affirm that eligible infants and toddlers have a right
to receive early intervention services to the maximum extent
appropriate, in natural environments in which infants and
toddlers without disabilities would participate in their own
homes or, if provision of services at home is not possible or is
3406 JOURNAL OF THE [May 4, 1999]
rejected by the parents, in natural settings in local community
environments.
(c) The General Assembly further finds that early intervention
services are cost-effective and effectively serve the developmental
needs of eligible infants and toddlers and their families.
Therefore, the purpose of this Act is to provide a comprehensive,
coordinated, interagency, interdisciplinary early intervention
services system for eligible infants and toddlers and their families
by enhancing the capacity to provide quality early intervention
services, expanding and improving existing services, and facilitating
coordination of payments for early intervention services from various
public and private sources.
(Source: P.A. 87-680.)
(325 ILCS 20/3) (from Ch. 23, par. 4153)
Sec. 3. Definitions. As used in this Act:
(a) "Eligible infants and toddlers" means infants and toddlers
under 36 months of age with any of the following conditions:
(1) Developmental delays as defined by the Department by
rule Disabilities due to developmental delay.
(2) A physical or mental condition which typically results
has a high probability of resulting in developmental delay.
(3) Being at risk of having substantial developmental
delays based on informed clinical judgment due to a combination
of serious factors.
(b) "Developmental delay" means a delay in one or more of the
following areas of childhood development as measured by appropriate
diagnostic instruments and standard procedures: cognitive; physical,
including vision and hearing; language, speech and communication;
psycho-social; or self-help skills.
(c) "Physical or mental condition which typically results has a
high probability of resulting in developmental delay" means:
(1) a diagnosed medical disorder bearing a relatively well
known expectancy for developmental outcomes within varying ranges
of developmental disabilities; or
(2) a history of prenatal, perinatal, neonatal or early
developmental events suggestive of biological insults to the
developing central nervous system and which either singly or
collectively increase the probability of developing a disability
or delay based on a medical history.
(d) "Informed clinical judgment" means both clinical
observations and parental participation to determine eligibility by a
consensus of a multidisciplinary team of 2 or more members based on
their professional experience and expertise. "At risk of having
substantial developmental delay" means the presence of at least 3 at
risk conditions, plus a consensus based on clinical judgment, that
the presence of these conditions warrants a risk of substantial
developmental delay if early intervention services are not provided.
A list of at risk conditions shall be developed by the Illinois
Interagency Council on Early Intervention. When relying on clinical
judgment, which includes both clinical observations and parental
participation, a developmental delay will be determined by a
consensus of an interdisciplinary team of at least 2 or more members
based on their professional experience and expertise.
(e) "Early intervention services" means services which:
(1) are designed to meet the developmental needs of each
child eligible under this Act and the needs of his or her family;
(2) are selected in collaboration with the child's family;
(3) are provided under public supervision;
(4) are provided at no cost except where a schedule of
sliding scale fees or other system of payments by families has
been adopted in accordance with State and federal law;
HOUSE OF REPRESENTATIVES 3407
(5) are designed to meet an infant's or toddler's
developmental needs in any of the following areas:
(A) physical development, including vision and
hearing,
(B) cognitive development,
(C) communication development,
(D) social or emotional development, or
(E) adaptive development;
(6) meet the standards of the State, including the
requirements of this Act;
(7) include one or more of the following:
(A) family training,
(B) social work services, including counseling, and
home visits,
(C) special instruction,
(D) speech, language pathology and audiology,
(E) occupational therapy,
(F) physical therapy,
(G) psychological services,
(H) service coordination services,
(I) medical services only for diagnostic or evaluation
purposes,
(J) early identification, screening, and assessment
services,
(K) health services specified by the lead agency as
necessary to enable the infant or toddler to benefit from
the other early intervention services,
(L) vision services,
(M) transportation, and
(N) assistive technology devices and services;
(8) are provided by qualified personnel, including but not
limited to:
(A) child development specialists or special
educators,
(B) speech and language pathologists and audiologists,
(C) occupational therapists,
(D) physical therapists,
(E) social workers,
(F) nurses,
(G) nutritionists,
(H) optometrists,
(I) psychologists, and
(J) physicians;
(9) are provided in conformity with an Individualized
Family Service Plan;
(10) are provided throughout the year; and
(11) are provided in natural environments, including the
home and community settings in which infants and toddlers without
disabilities would participate to the extent determined by the
multidisciplinary Individualized Family Service Plan desired by
families.
(f) "Individualized Family Service Plan" or "Plan" means a
written plan for providing early intervention services to a child
eligible under this Act and the child's family, as set forth in
Section 11.
(g) "Local interagency agreement" means an agreement entered
into by local community and State and regional agencies receiving
early intervention funds directly from the State and made in
accordance with State interagency agreements providing for the
delivery of early intervention services within a local community
area.
3408 JOURNAL OF THE [May 4, 1999]
(h) "Council" means the Illinois Interagency Council on Early
Intervention established under Section 4.
(i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public funds
received in accordance with State and federal law and rules.
(j) "Child find" means a service which identifies eligible
infants and toddlers.
(Source: P.A. 90-158, eff. 1-1-98.)
(325 ILCS 20/6) (from Ch. 23, par. 4156)
Sec. 6. Local Structure and Interagency Councils. The lead
agency, in conjunction with the Council and as defined by
administrative rule, shall define at least 40 and no more than 60
local service areas and define the geographic boundaries of each so
that all areas of the State are included in a local service area but
no area of the State is included in more than one service area. In
each local service area, the lead agency shall designate a regional
entity core provider responsible for the assessment of eligibility
and services and a local interagency council responsible for
coordination and design of child find and public awareness. The
regional entity A coordination/advocacy provider shall be responsible
for staffing the local council, carrying out child find and public
awareness activities, and providing advocacy for eligible families
within the given geographic area. The regional coordinating entity
is the prime contractor responsible to the lead agency for
implementation of this Act.
The lead agency, in conjunction with the Council, shall create
local interagency councils. Members of each local interagency
council shall include, but not be limited to, the following:
parents; representatives from coordination and advocacy service
providers; local education agencies; other local public and private
service providers; representatives from State agencies at the local
level; and others deemed necessary by the local council.
Local interagency councils shall:
(a) assist in the development of collaborative agreements
between local service providers, diagnostic and other agencies
providing additional services to the child and family;
(b) assist in conducting local needs assessments and
planning efforts;
(c) identify and resolve local access issues;
(d) conduct collaborative child find activities;
(e) coordinate public awareness initiatives;
(f) coordinate local planning and evaluation;
(g) assist in the recruitment of specialty personnel;
(h) develop plans for facilitating transition and
integration of eligible children and families into the community;
(i) facilitate conflict resolution at the local level; and
(j) report annually to the Council.
(Source: P.A. 87-680; 87-847.)
(325 ILCS 20/11) (from Ch. 23, par. 4161)
Sec. 11. Individualized Family Service Plans. Each eligible
infant or toddler and that infant's or toddler's family shall
receive:
(a) timely, comprehensive, multidisciplinary
interdisciplinary assessment of the unique needs of each eligible
infant and toddler, and assessment of the concerns and priorities
of the families to appropriately assist them in meeting their
needs and identify services to meet those needs; and
(b) a written Individualized Family Service Plan developed
by a multidisciplinary an interdisciplinary team which includes
the parent or guardian.
The Individualized Family Service Plan shall be evaluated once a
HOUSE OF REPRESENTATIVES 3409
year and the family shall be provided a review of the Plan at 6 month
intervals or more often where appropriate based on infant or toddler
and family needs.
The evaluation and initial assessment and initial Plan meeting
must be held within 45 days after the initial contact with the early
intervention services system. With parental consent, early
intervention services may commence before the completion of the
comprehensive assessment and development of the Plan.
Parents must be informed that, at their discretion, early
intervention services shall be provided to each eligible infant and
toddler in the natural environment, which may include the home or
other community settings parents' home. Parents shall make the final
decision to accept or decline early intervention services. A decision
to decline such services shall not be a basis for administrative
determination of parental fitness, or other findings or sanctions
against the parents. Parameters of the Plan shall be set forth in
rules.
(Source: P.A. 87-680.)
(325 ILCS 20/12) (from Ch. 23, par. 4162)
Sec. 12. Procedural Safeguards. The lead agency shall adopt
procedural safeguards that meet federal requirements and ensure
effective implementation of the safeguards for families by each
public agency involved in the provision of early intervention
services under this Act.
The procedural safeguards shall provide, at a minimum, the
following:
(a) The timely administrative resolution of complaints by
parents as defined by administrative rule. The process shall use
formal mediation procedures used by the lead agency, as well as
prescribed due process procedures, which may be used by families
at their discretion.
(b) The right to confidentiality of personally identifiable
information.
(c) The opportunity for parents and a guardian to examine
and receive copies of records relating to assessment, screening,
eligibility determinations, and the development and
implementation of the Individualized Family Service Plan.
(d) Procedures to protect the rights of the eligible infant
or toddler whenever the parents or guardians of the child are not
known or unavailable or the child is a ward of the State,
including the assignment of an individual (who shall not be an
employee of the State agency or local agency providing services)
to act as a surrogate for the parents or guardian.
(e) Timely written prior notice to the parents or guardian
of the eligible infant or toddler whenever the State agency or
public or private service provider proposes to initiate or change
or refuses to initiate or change the identification, evaluation,
placement, or the provision of appropriate early intervention
services to the eligible infant or toddler.
(f) Written prior notice to fully inform the parents or
guardians, in their primary language, in a comprehensible manner,
of these procedural safeguards.
(g) During the pendency of any proceedings or action
involving a complaint, unless the State agency and the parents or
guardian otherwise agree, the child shall continue to receive the
appropriate early intervention services currently being provided,
or in the case of an application for initial services, the child
shall receive the services not in dispute.
(Source: P.A. 87-680; 87-847.)
(325 ILCS 20/13) (from Ch. 23, par. 4163)
Sec. 13. Funding and Fiscal Responsibility. The lead agency and
3410 JOURNAL OF THE [May 4, 1999]
every other participating State agency may receive and expend funds
appropriated by the General Assembly to implement the early
intervention services system as required by this Act.
The lead agency and each participating State agency shall
identify and report on an annual basis to the Council the State
agency funds utilized for the provision of early intervention
services to eligible infants and toddlers.
Funds provided under Section 633 673 of the Individuals with
Disabilities Education Act (20 United States Code 1433 1473) may not
be used to satisfy a financial commitment for services which would
have been paid for from another public or private source but for the
enactment of this Act, except whenever considered necessary to
prevent delay in receiving appropriate early intervention services by
the eligible infant or toddler or family in a timely manner. Funds
provided under Section 633 673 of the Individuals with Disabilities
Education Act may be used by the lead agency to pay the provider of
services pending reimbursement from the appropriate state agency.
Nothing in this Act shall be construed to permit the State to
reduce medical or other assistance available or to alter eligibility
under Title V and Title XIX of the Social Security Act relating to
the Maternal Child Health Program and Medicaid for eligible infants
and toddlers in this State.
From the sum appropriated to the lead agency for the purposes of
this Act, the lead agency shall distribute funds to the prime
contractor for each local community area for the provision of early
intervention services. The local community area may meet its
obligations to assure appropriate early intervention services through
contracts with public or private agencies that meet the requirements
of this Act.
The lead agency shall create a central billing office to receive
and dispense all relevant State and federal resources, as well as
local government or independent resources available, for early
intervention services. This office shall assure that maximum federal
resources are utilized and that providers receive funds with minimal
duplications or interagency reporting and with consolidated audit
procedures. The lead agency shall also create a resource review
committee on the use of public and private sector resources.
The lead agency may also create a system of payments by families,
including a schedule of fees. No fees, however, may be charged for:
implementing child find, evaluation and assessment, service
coordination, administrative and coordination activities related to
the development, review, and evaluation of Individualized Family
Service Plans, or the implementation of procedural safeguards and
other administrative components of the statewide early intervention
system.
(Source: P.A. 87-680.)
(325 ILCS 20/14 rep.)
Section 10. The Early Intervention Services System Act is
amended by repealing Section 14.
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.
RESOLUTIONS
HOUSE RESOLUTIONS 245, 246, 247 and 248 were taken up for
HOUSE OF REPRESENTATIVES 3411
consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 243
Offered by Representative Hoffman:
WHEREAS, Recently college students have begun volunteering their
time helping in various ways during their spring breaks, trying to
better life for many less fortunate people; and
WHEREAS, Among those who participated last year in volunteer or
charity work during spring break were students who tutored migrant
farm workers, built homes in Appalachia, registered voters in
Mississippi, and worked with the homeless in Washington; and
WHEREAS, This year students of the University of San Diego will
tutor grade school children in Arizona and will help a Navajo
community in New Mexico; DePaul University students will help
physically disabled children in Alabama; and
WHEREAS, Last year, 20,000 students from across the nation took
part in community service activities; and
WHEREAS, More campuses are encouraging and helping students to
choose higher pursuits; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we encourage the
Board of Higher Education to help establish and promote such higher
pursuits for the students of Illinois' colleges by assisting Illinois
colleges in establishing similar alternative spring break activities
for students and to help them broaden the scope of what to do for
other people; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the Board of Higher Education.
HOUSE RESOLUTION 244
Offered by Representative Giglio:
WHEREAS, Inflation has grown at almost twice the rate of the
State-funded "Cost of Doing Business" increases for many providers of
services to persons with developmental disabilities since 1991; and
WHEREAS, A 1992 University of Illinois study found that private
providers of disability services nationwide paid their employees 17%
more on average than private Illinois providers; and
WHEREAS, Workers in these private provider agencies are among the
lowest paid in the State; and
WHEREAS, Many workers in these private provider agencies often
must pay up to 10% of their compensation per month for health
insurance coverage; and
WHEREAS, A 1997 University of Illinois study found staff turnover
rates among such private providers in Illinois was at 80% in their
first year of employment; and
WHEREAS, High staff turnover rates negatively impact the quality
of care and continuity required for individuals with disabilities;
and
WHEREAS, The State of Illinois must ensure that these workers are
properly compensated for their important work and that turnover at
these private agencies is kept to a minimum, allowing individuals
3412 JOURNAL OF THE [May 4, 1999]
with disabilities a stable and safe environment; and
WHEREAS, Illinois disability service providers have indicated
that they want to use any funding increase to increase wages for
direct care employees; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that providers of services
for the developmentally disabled shall increase the wages of direct
care workers by at least the same percentage as the increase in funds
they receive from the State in fiscal year 2000; and be it further
RESOLVED, That each disability service provider shall certify to
the Department of Human Services, as provided by rule by the
Department, that it has provided the wage increases in accordance
with these requirements; and be it further
RESOLVED, That a suitable copy of this Resolution be forwarded to
the Secretary of Human Services.
HOUSE JOINT RESOLUTION 19
Offered by Representative Howard:
WHEREAS, Part-time and nontenure-track instructors have
mushroomed into a source of inexpensive labor in higher education;
and
WHEREAS, A quality college or university must have a corps of
full-time, permanent, tenured faculty coordinating the academic
curriculum and teaching most of it; and
WHEREAS, Illinois public colleges and universities are resorting
to replacing tenured and tenure-track faculty positions with
increasing numbers of nontenure-track and part-time teaching
positions; and
WHEREAS, Courses should be taught only by highly qualified
people, whether full-time or part-time, tenured or nontenured, who
are paid a professional salary and included in academic processes;
and
WHEREAS, National studies have shown that the majority of
part-time faculty members teach under emphatically substandard
conditions; and
WHEREAS, Part-time and nontenure track positions are
disproportionately occupied by women; and
WHEREAS, National professional organizations representing
university and community college faculty, administrators, and
trustees have agreed that fair compensation for part-time and
nontenure-track faculty should be based on commensurate
qualifications with tenure-track faculty, with a goal of pro rata
rather than per course hour rates; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we urge the Board of Higher Education to review the
growing dependence on part-time and nontenure-track faculty in
Illinois colleges and universities; and be it further
RESOLVED, That each public university and community college
governing board in the State provide a detailed report, with
rationale, to the Board of Higher Education by November 15, 1999
regarding use and compensation of part-time and nontenure-track
faculty, with the Board of Higher Education compiling the reports and
providing them to the General Assembly by December 15, 1999; and be
it further
RESOLVED, That the Board of Higher Education, in consultation
with institutions and faculty organizations, consider policies
designed to discourage overreliance on part-time and nontenure-track
faculty for undergraduate instruction while protecting those
instructors performing effectively in such positions; and be it
HOUSE OF REPRESENTATIVES 3413
further
RESOLVED, That the Board of Higher Education make recommendations
to the General Assembly concerning the establishment of minimum
salary and fringe benefits provisions indexed to tenure-track faculty
compensation for part-time and nontenure-track faculty to ensure fair
employment and consistent emphasis on quality instruction at all
levels, from lower division through graduate instruction; and be it
further
RESOLVED, That a copy of this resolution be delivered to the
Board of Higher Education for reproduction and distribution to the
governing boards of each of the public universities and public
community college districts of this State.
HOUSE JOINT RESOLUTION 20
Offered by Representative Hoffman:
WHEREAS, During recent budget negotiations, President Clinton
called for two additional rounds of defense base realignment and
closure (BRAC) in Fiscal Years 2001 and 2005; Illinois has four
military bases in danger of being closed; the shutdown of any of
these four military bases would have extremely adverse economic and
social effects upon the local communities around the bases and to the
State of Illinois as a whole; and
WHEREAS, Scott Air Force Base, located in St. Clair County in
Southwestern Illinois, is the seventh largest employer in the
bi-state St. Louis metropolitan area and one of the largest employers
in downstate Illinois; nearly 40,000 individuals are connected with
Scott Air Force Base, as either military or civilian personnel, their
dependents, and retirees; the loss of these individuals and their
families and retirees would have an adverse impact upon the
communities in Southwestern Illinois; a recent Air Force analysis has
estimated the annual impact of Scott Air Force Base is over $1
billion; the closure of this base would have a devastating economic
impact upon the region and the State of Illinois as a whole; and
WHEREAS, The Charles Melvin Price Support Center, located in
Madison County, is in the process of being declared excess property
and State support is needed to keep this base from closing; if
efforts to keep this base open are unsuccessful, State support is
needed for successful redevelopment to assist the local community
with environmental remediation of the site and infrastructure
improvements to the site in order to improve the economic situation
in this area; and
WHEREAS, The Rock Island Arsenal, located in Rock Island,
Illinois, is the second largest employer in the Quad City region; the
base was originally built in 1816 and is a National Historic
Landmark; 28,110 individuals are directly affected by the Rock Island
Arsenal, including personnel, their families, and retirees; the
Department of Commerce and Community Affairs estimates that the
annual economic impact of this base to be $548 million to the Quad
Cities and the State of Illinois; the closure of the Rock Island
Arsenal would have a dramatically negative effect upon the Quad
Cities area and the State of Illinois; and
WHEREAS, The Great Lakes Naval Training Center, located North of
Chicago, is an important economic and social influence on the
surrounding communities; 28,500 individuals are tied to the base, as
either military personnel, family members, or civilian employees; the
Training Center also includes the 139 bed Great Lakes Naval Hospital;
the termination of the Great Lakes Naval Training Center would have
an adverse effect upon the surrounding community, the City of
Chicago, and the State of Illinois; and
WHEREAS, Other states have made a significant effort to protect
3414 JOURNAL OF THE [May 4, 1999]
and retain the military bases in their respective states; last year
Mississippi spent nearly $50 million to take steps to protect its
military bases; New York will spend nearly $2.5 million to protect
its Air Force Base in Rome, N.Y.; states in the Southwestern region
of the United States have banded together in a joint effort to
protect and retain their bases; and
WHEREAS, Governor George Ryan and members of the General Assembly
representing the areas most directly affected by potential base
closures are taking a leading role to enlist State assistance to help
local communities, as other states have done; all four military bases
are vital economically and important to the community life in the
surrounding areas, as well as, a benefit to the entire State of
Illinois; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING
HEREIN, that we urge the General Assembly and the Governor to make
the effort of saving the bases a top priority by having the
Department of Commerce and Community Affairs be the lead agency to
coordinate and assist local and State efforts to save Illinois'
military bases; we urge the State to provide financial assistance to
State agencies, local government, and other local entities, subject
to appropriations, to help the effort to save the bases; and be it
further
RESOLVED, That suitable copies of this resolution be delivered to
the Governor, the Speaker of the Illinois House of Representatives,
and the President of the Illinois Senate.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Saviano, SENATE BILL 435 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
SENATE BILLS ON SECOND READING
SENATE BILL 1158. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1158
AMENDMENT NO. 1. Amend Senate Bill 1158 on page 5, by inserting
below line 1 the following:
"(f) The changes made by this amendatory Act of the 91st General
Assembly do not apply to rules adopted by the Pollution Control Board
under Section 28.5 of the Environmental Protection Act.".
HOUSE OF REPRESENTATIVES 3415
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1183. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Tobacco
Settlement Proceeds Distribution, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1183
AMENDMENT NO. 1. Amend Senate Bill 1183, on page 3, line 1, by
replacing "of an equity interest" with "thereof"; and
on page 4, by replacing line 7 with the following:
"consistent with subdivision (a)(2)(B) of"; and
on page 4, line 13, by deleting "on"; and
on page 4, line 14, by deleting "and"; and
on page 4, line 24, by replacing "subsections" with "subsection"; and
on page 5, line 32, by deleting "on and"; and
on page 8, line 18, by replacing "this Section" with "subdivision
(a)(2)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1207. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Veterans'
Affairs, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1207
AMENDMENT NO. 1. Amend Senate Bill 1207 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT concerning veterans homes, amending named Acts."; and
on page 1, line 6, by inserting "and by adding Section 2d" after
"2.04"; and
on page 1, by inserting below line 6 the following:
"(20 ILCS 2805/2d new)
Sec. 2d. LaSalle Veterans Home capacity.
(a) The Department finds that the Illinois Veterans Home at
LaSalle requires an increase in capacity to better serve the north
central region of Illinois and to accommodate the increasing number
of Illinois veterans eligible for care.
(b) Subject to appropriation, the Department shall increase by
at least 80 beds the capacity of the Illinois Veterans Home at
LaSalle and shall request and expend federal grants for this Veterans
Home addition.".
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 MOTIONS
Pursuant to the motion submitted previously, Representative
Woolard moved to suspend the posting requirements in relation to
3416 JOURNAL OF THE [May 4, 1999]
SENATE BILL 556 assigned to the Committee on Elementary & Secondary
Education.
The motion prevailed.
RECESS
At the hour of 2:51 o'clock p.m., Speaker Madigan moved that the
House do now take a recess until the Joint Session has adjourned.
JOINT SESSION
3:00 O'CLOCK P.M.
The hour having arrived, the time heretofore fixed by Joint
Resolution adopted by the Senate and the House of Representatives,
the Joint Session convened for the purpose of receiving the Governor
to deliver his Infrasturcture Improvements Address in person to the
Ninety-First General Assembly.
The Senate, preceded by its President and Secretary, appeared in
the Hall of the House of Representatives and, by direction of the
Speaker, took the seats assigned them.
The two Houses being convened in Joint Session, the President of
the Senate announced that a quorum of the Senate was present.
The Speaker of the House of Representatives announced that a
quorum of the House was present.
A majority of each House of the General Assembly being present,
the Speaker of the House announced the Joint Session duly formed.
ACTION ON MOTION
Representative Currie moved to suspend the applicable House Rules
to hear JOINT SESSION RESOLUTION 2 immediately.
The motion prevailed.
Representative Currie offered the following resolution and moved
its adoption:
JOINT SESSION RESOLUTION 2
RESOLVED, That a committee of ten be appointed, five from the
House, by the Speaker of the House, and five from the Senate, by the
President of the Senate, to wait upon His Excellency Governor George
Ryan and invite him to address the Joint Assembly.
The motion prevailed.
The President of the Senate announced the appointments, as
Members of such Committee, on the part of the Senate: Senators
Luechtefeld, Noland, Radogno, Halvorson and Viverito.
The Speaker of the House announced the appointments, as Members
of such Committee, on the part of the House: Representatives Franks,
Novak, Silva, Mulligan and Rutherford.
His Excellency, Governor George Ryan, was admitted into the Hall
of the House of Representatives, and was presented to the General
HOUSE OF REPRESENTATIVES 3417
Assembly, to deliver his message in person as follows:
ILLINOIS FIRST
JOINT SESSION REMARKS
Governor George H. Ryan
Tuesday, May 4, 1999
Speaker Madigan; President Philip; Rep. Daniels; Sen. Jones;
Members of the General Assembly; My fellow citizens of Illinois:
Thus far in this legislative session, the partnership we've created
has been fruitful.
In the last 112 days, you and I have worked to put away the
partisan differences of the past.
We have started to concentrate on the future.
When I stood before you in February, I promised you that I would
cross party lines; keep an open door to everyone; and to keep an
open mind to all ideas.
I laid out an agenda to use Illinois' resources wisely for the
good of the people of this State.
You responded with a willingness to listen, to discuss and to
accept new proposals.
Together, we have developed a new spirit of good will in the
Capitol ending the bickering and rancor that has marked past
legislative sessions.
And while I have not embraced all of your ideas and you have not
agreed to all of mine, the door to my office and to the Executive
Mansion has been and is open.
And, we have worked together to pass meaningful legislation.
Together, we have made a good start on the road to the 21st
Century.
Thanks to the leadership of Sen. Maitland and Rep. Smith, this
General Assembly overcame years of acrimony and contentious
partisan debate to finally approve legislation to better regulate
large-scale livestock operations.
I will sign that bill.
And, thanks to the leadership of Sen. Mahar and Representatives
Durkin and Lang, this General Assembly sent a decisive message by
passing our "Child Access Prevention" proposal.
It will keep unsupervised guns out of the hands of children.
I will quickly sign the bill into law.
In the last weeks of this session, I look forward to many more
accomplishments for Illinois.
I look forward to an agreement on the new Open lands Trust to
help preserve our natural heritage.
I look forward to new laws that will help put an end to the
senseless gun violence on our streets and in our schools.
I look forward to new tools that the state can use to help keep
Illinois' economy strong and prosperous.
And I look forward to a balanced state budget that dedicates 52
percent of all new revenues to education, and funds all essential
state services and still maintains a healthy bank balance.
As I promised last year -- we are building a new Illinois
together.
We have much to do.
That is why I am here today.
Back in February, I told you about my desire to create a new
program in state government that would help us, and our partners in
local government, to meet the critical infrastructure needs we have
in Illinois.
Right now, 89 percent of the 4,100 school buildings in Illinois
3418 JOURNAL OF THE [May 4, 1999]
need repairs.
Right now, 74 percent of our interstate highways have surpassed
their 20-year design lifespan.
Right now, we have a backlog of 2,400 miles of arterial roads
that need repair.
We have 750 bridges that need to be fixed.
43 percent of the state's rivers and the vast majority of our
lakes are only rated as being in "fair" environmental condition.
That's not acceptable.
We cannot allow that to continue.
As we found out last winter, our mass transit system desperately
needs repair.
We need to expand our transit options if we're going to continue
to fight for cleaner air, economic development and to move people
from welfare to work.
I also said I wanted to pass an infrastructure program this
spring that not only will fix roads, bridges and mass transit
systems, but build new ones.
I said I wanted a program that will not only help fix and
rehabilitate old schools; but I wanted a program that will build new
classrooms for communities squeezed by growing enrollments and
communities whose tax base is shrinking.
I want a program that will help schools pay for a new science
lab, a computer lab, a recreation field, new stairs, a new roof, a
new gym floor, and new heating and air conditioning systems.
Why not all of these things?
The need is there.
I said I wanted a program that will help deal with critical water
and sewer systems, urban brownfields, parks and recreation areas and
a host of local infrastructure needs.
While we work to improve our highways and our mass transit, we
must improve our educational systems and structures, we must protect
our environment and add to our quality of life.
This is the program that will begin to do all that.
It's called Illinois FIRST -- A Fund for Infrastructure, Roads,
Schools and Transit.
Five years.
$12 billion.
That is a good start.
This program is the product of a lot of hard work, many meetings
and hearings and the input of hundreds of people from across this
great state.
This program will reach into every corner of our state.
It will address needs that are urban, suburban and rural.
It will present us with the opportunity to prepare our state for
the future.
And it will give us the chance to make sure that we leave our
children a better Illinois than the one we inherited.
Last February, I created an Infrastructure Task Force that
surveyed the needs of this state and developed recommendations to
fix those needs.
I want to publicly acknowledge and thank the chairman of the Task
Force, John Glennon, and Vice Chairman, Ed Bedore and the members of
the panel, for their hard work and dedication.
Most are here today in the gallery.
The Task Force identified some $12 billion in critical
infrastructure needs that I believe we must address now.
Now -- not in the fall, not next spring, not after the next
election.
We have heard that song for too long.
If we don't act with courage and vision now, to bring long
HOUSE OF REPRESENTATIVES 3419
lasting change, the opportunity of today's market and interest rates
may well be gone.
How foolish that would be.
We would be faced with the choice of paying twice as much
tomorrow for what we need to have done today.
We cannot allow the state's infrastructure to continue to crumble
in the name of some unreasonable fiscal fear -- some fear of the
future, or some dire warnings about the dangers of borrowing.
I'm sure that most everyone in this chamber has gone into debt
for 20 or 30 years to buy a home.
A mortgage is a necessary part of fulfilling the American dream.
It is not a ticket to disaster.
We should not be afraid to meet these challenges.
The state's needs can be divided into four basic categories --
transportation, mass transit, schools and quality-of-life projects.
This program meets all of those critical needs.
Illinois FIRST will add $4.1 billion to the state's existing
surface and air transportation programs.
This program proposes $3.7 billion more that will enable us to
repair an additional 1,000 miles of road, fix an additional 125
bridges and deal with traffic congestion problems across the state.
It will enable us to provide approximately $600 million more to
local governments for their transportation needs.
I want to work with all of you to make the projects we have all
talked about for so long a reality.
I want to work with Sen. Cullerton and Rep. Erwin to reconstruct
Wacker Drive in Chicago.
It will do great things for the downtown area and will add to the
great efforts of Mayor Daley to keep Chicago a first-class city.
I want to work with Senators Philip and Fawell, and
Representatives Daniels, Wojcik and Persico to clean up congestion
on Golf, Higgins and Roselle Roads -- the so-called Schaumburg
Triangle.
We've already committed to fixing the Hillside Strangler and this
will take care of the
"Schaumburg Strangler."
And, we will add new lanes to Route 53.
I want to work with Senator Halvorson and Rep. Giglio to add new
lanes to Interstate 80 from the Bishop Ford Expressway to the
Indiana border to ease congestion and to bring increased economic
opportunity to the south suburbs.
I want to work with Senators Donahue and Demuzio and
Representatives Myers, Tenhouse and Ryder to continue building the
new Route 67 and to build Route 336 from Quincy to Macomb.
I want to work with Senators Bowles and Watson and
Representatives Davis and Stephens to finish the Alton Bypass.
How long have we waited for that????
I want to work with Sen. Rea and Representatives Wollard and
Fowler on the expansion of Route 45 between Harrisburg and Eldorado.
I want to work with Sen. Bomke and Representatives Klingler and
Hannig to make Route 29 between Springfield and Taylorville a safer
highway.
I want to work with Senators Hawkinson and Shadid and
Representatives Slone and Leitch on rebuilding Interstate 74 through
the heart of Peoria.
And I want to work with Sen. Sieben and Representatives Mitchell
and Lawfer on widening Route 20 between Freeport and Galena.
The whole Northwestern part of the state is opening up and
providing great opportunity to a lot of people.
We must help that along.
And, there's more.
3420 JOURNAL OF THE [May 4, 1999]
We can fix another 125 bridges, repair a lot of highways and kick
in $600 million to local government for their transportation needs.
The transportation plan includes $160 million more for airport
projects; $150 million more for railroad grade crossing safety; $100
million more to continue preparing our state for tomorrow's
high-speed rail network; and finally, $50 million to allow Secretary
of State Jesse White to replace those rusting 17-year-old license
plates.
If we don't succeed in making mass transit work we will end up
with more congestion more lost time from work and more pollution.
Have any of you ever seen the smog in Mexico City or the
congestion in Tokyo?
We cannot let that happen here!!!
We must make some crucial long-term decisions.
This is not a time to be timid, or to hope for days long gone by.
We need to see the future.
We need to see our place in it.
And, we need to act now.
For Northeastern Illinois, the RTA, Pace, Metra and the CTA are
absolutely critical.
They have to find a way to provide service.
We have to help and not hinder them.
Illinois FIRST also allocates $4.1 billion for the mass
transportation needs of our state.
This program allows the RTA to borrow more than $1.6 billion for
improvement projects and to potentially capture more than $2 billion
in federal funds money that we've never had access to before because
we've never had state matching funds on the table.
Things are different now.
With these new found resources, I can work with Senators Munoz
and Hendon and Representatives Lopez, Silva, Acevedo and Turner to
rebuild the Douglas Blue Line.
I want to work with Senators Smith and Lisa Madigan and
Representatives Jones, Fritchey and McKeon to expand service on the
Ravenswood Brown Line.
We should all work to restore the fare subsidy for students and
the elderly.
Metra will be able to proceed with various new commuter rail
projects rebuild its aging infrastructure and provide service
extensions with "new start" projects.
Additionally, resources will be available to help rehabilitate
mass transit systems in Champaign, Springfield, Peoria, Rockford,
Carbondale and 11 other cities, as well as help fund the extension
of the MetroLink system in the Metro East area from Belleville to the
MidAmerica Airport.
And, as we expand the state's commitment and support for trains
and buses, we should give serious consideration to steps that will
make sure that our mass transit systems don't end up in trouble
again.
I believe local communities and mass transit districts, including
the RTA, should be given the ability by the General Assembly to
increase or modify their local resource bases for infrastructure
needs, if they so choose.
The state must cooperate more effectively with local governments.
Local governments that are willing to support their own
infrastructure needs should get state help to make those
improvements a reality.
By ensuring that local matching funds are available, the
possibility for local governments to receive federal matching funds
will be more likely.
I propose that we give them the "self-help" tools they need to
HOUSE OF REPRESENTATIVES 3421
improve their communities and to take advantage of available federal
funding and bonding opportunities.
My plan will take our existing school construction program and
double its size.
That means construction and repair money for Chicago, Oak Park,
Wheaton, Grayslake, Carbondale, Jersey County, Lawrence County, the
Quad Cities, Effingham and Wilmington.
The State's commitment to build new classrooms and repair aging
schools will increase to $2.2 billion all matched by an equal
commitment from local school districts.
At the end of five years, our State will have directed a total of
$4.4 billion for the basic needs of our children and grandchildren.
And when that money is combined with the $3 billion in school
construction funds already committed by the City of Chicago, we have
almost met the $8 billion spending goal that the federal government
estimated that we need to spend on classrooms throughout this state.
Finally -- and very importantly -- this program includes $1.6
billion in projects to boost the economy and improve the overall
quality of life throughout Illinois:
This program will improve the environment, provide for
recreation, promote job training, support technology and increase
our educational resources.
It will open up new opportunities for people in all communities.
The possibilities range far and wide across this state.
I want to work with Speaker Madigan to help protect and restore
Chicago's greatest natural resource -- it's Lake Michigan shoreline.
And I want to work with Sen. Emil Jones to bring new life to one
of the city's great treasures -- the Pullman National Historic Site;
We will work together on flood control in DuPage County;
Wastewater and drinking water upgrades in Evanston, New Lenox,
Dixon, Jacksonville and Edwardsville.
We must clean-up unused urban brownfields and cap abandoned oil
wells.
My plan will provide economic development incentives to help
local communities attract new jobs.
This plan will help support the Abraham Lincoln Presidential
Library in Springfield and a fine arts center at Eastern Illinois
University.
My program also promotes public safety.
I want to work with Senators, Representatives and officials
throughout Illinois to put in place a secure, comprehensive,
state-of-the-art State Police and public safety radio and data
transmission system.
We need to replace the patch-work of obsolete systems upon which
Illinois citizens have had to depend upon in emergencies.
We can't wait any longer.
Illinois First is also a strong investment in Illinois' human
infrastructure.
Sixty percent of the money we will spend -- over $7 billion --
will go to wages for working men and women in every part of our
state.
This program will power a gigantic economic engine that will
bring jobs and hope to every section of our state and allow more and
more of our citizens to participate in the prosperity and
empowerment that this program will produce.
This program takes leadership.
I am asking this General Assembly to boost state revenues by
roughly $621 million a year to make the vision we share, a reality.
I'm proposing a $48 increase in the annual vehicle registration
fee for cars and light trucks.
And, a 15 percent increase in yearly registration fees paid by
3422 JOURNAL OF THE [May 4, 1999]
the owners of large trucks.
I'm proposing a $37 increase in the fee charged to transfer a
vehicle title from one owner to another.
These proposals will generate $560 million annually -- most of it
for transportation projects.
Even with these increases Illinois will only rank 31st among the
states in the total cost a motorist must pay to register a vehicle.
And, we will be close to the national average in truck
registration fees.
I'm also proposing an increase in the state's liquor tax.
This increase will raise Illinois to the national median and
generate $62 million a year.
I believe we should dedicate those funds to our schools and
quality of life projects.
The last time the tax on beer and distilled spirits was raised
was in 1969 -- 30 years ago.
The tax on wine was last raised 40 years ago in 1959.
To put that in perspective, more than 50 members of this General
Assembly were not old enough to drink beer the last time we saw even
a modest increase in the state's liquor tax.
That's how long it's been since we've seen even a modest increase
in the state's liquor tax.
Paying an extra penny for a mixed drink, or a glass of wine or a
bottle of beer is not going to be a burden on anyone.
With this package of added resources, we can establish a revenue
stream to fund an additional $4.3 billion in state bonds and to pay
for $2 billion in projects on a pay-as-you-go basis over the next
five years.
This program combines bonding with pay-as-you-go directives.
I'm proposing this balanced approach so we can provide our
children opportunities for the future.
In all, the state's funding commitment will total $6.3 billion.
That commitment will allow us to leverage local and federal funds
to maximize our program dollars.
In all, our program is a unique opportunity to establish a
partnership between state, federal, and local governments.
It's a partnership that can broaden the shoulders of the great
City of Chicago.
It's a partnership that can help ease the tensions of growth in
the Metro East area, in NorthEastern Illinois, and in every
community that is struggling to meet the demands of growth.
It's a partnership that can open up new opportunities in Quincy
and Macomb; Harrisburg and Eldorado; Rockford and Galena.
It's a partnership that can build and repair classrooms so
teachers don't have to teach in closets and boiler rooms and so that
students won't have to dodge rain dripping through leaky roofs.
It's a partnership that will clean up environmental mistakes that
plague our communities and prevent economic expansion.
It's a partnership that will make sure that water in Ford Heights
and many other communities runs crystal clear and not brown as it
does now.
Illinois FIRST is a partnership.
We need to do this together.
We need to renew our commitment to every citizen and to every
community in Illinois.
This program is funded by all new revenues.
None of our surplus is used for this program.
In the last week, the Illinois FIRST program has generated strong
support from across the state from local officials from organized
labor from business groups from the education community and from the
media.
HOUSE OF REPRESENTATIVES 3423
We have before us a great opportunity, and we face a great
challenge.
We have to meet this challenge now.
This state's infrastructure needs will not go away if we sit on
our hands and do nothing.
The longer we wait, the worse it will get.
Doing nothing is not an option.
Our roads and classrooms and transit systems will only
deteriorate faster.
This program will not endanger our credit rating.
It will not take money away from schools or social services and
it will not deflate our strong economy.
As I said, this is new money for new projects.
Illinois FIRST will create jobs and keep people working and it
will make our economy stronger for the future.
This is not the time to hesitate.
THIS IS THE TIME TO ACT.
I have described our needs.If we don't act now, our needs will
not go away, they will only grow.
A leaky roof leads to structural decay; poor water quality
affects public health; a marginally-safe bridge becomes unusable.
The cost of borrowing money will increase and plans and
priorities will have to be revisited once again.
This plan is not a pure pay-as-you-go plan, but a substantial
portion of the costs will be paid now.
Half will be paid for in the future.
For those who would say "we must never ask the future to share
these costs," I can only ask "what kind of future will our children
and grandchildren have if we don't act now."
To not move forward at a time when our capacity to act is at its
peak would be foolhardy.
Our needs will only grow if we don't act now.
Roads won't repair themselves.
Bridges won't grow new steel.
Critical water supplies won't be spontaneously cleansed.
And schools won't sprout new classrooms and labs.
None of these vital needs will be met unless we act now.
If our partnership in this session is really going to prepare
Illinois for the year 2000 and beyond; if our legacy is going to
mean anything then we need to approve this program this session.
I ask you to help me make our last great act of this century the
first great act of Illinois' new century.
Thank you very much.
Having concluded his message, his Excellency Governor George Ryan
was then escorted from the Hall of the House of Representatives by
the Committee heretofore appointed.
At the hour of 3:30 o'clock p.m., Senator Weaver moved that the
Joint Assembly do now arise.
The motion prevailed.
The Senate having withdrawn, the House resumed its session.
Representative Hartke in the Chair.
SENATE BILLS ON SECOND READING
Having been read by title a second time on April 28, 1999 and
held, the following bill was taken up and advanced to the order of
Third Reading: SENATE BILL 117.
3424 JOURNAL OF THE [May 4, 1999]
SENATE BILL 128. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 128
AMENDMENT NO. 1. Amend Senate Bill 128 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Income Tax Act is amended by adding
Section 211 as follows:
(35 ILCS 5/211 new)
Sec. 211. Tax credit for long term care insurance premiums.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 146. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Appropriations-General Services, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 146
AMENDMENT NO. 1. Amend Senate Bill 146 on page 2, by deleting
all of lines 13 through 15 and inserting instead the following:
"8(d)). However, on December 7, 1998, the Circuit Court granted
Defendant's motion to reconsider and dismissed the Plaintiff's
Single Subject claim with prejudice. Nevertheless, the Circuit
Court did not vacate its August 26, 1998 order declaring P.A.
85-1135 to be in violation of the Single Subject clause of the
Illinois Constitution. In addition, the Plaintiffs have appealed
the Circuit Court's dismissal of their Single Subject claim.";
and
on page 3, by deleting all of lines 15 and 16 and inserting instead
the following:
"amendatory Act of 1999 was prepared, the legal challenge to P.A.
85-1135 under the Single Subject clause of the Illinois Constitution
was dismissed with prejudice.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 168. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Local
Government, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 168
AMENDMENT NO. 1. Amend Senate Bill 168 on page 3, by replacing
lines 18 and 19 with the following:
"apply to any proceeding for a disconnection for which a municipality
has filed a petition for disconnection on or before the".
There being no further amendments, the foregoing Amendment No. 1
HOUSE OF REPRESENTATIVES 3425
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 203. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 203
AMENDMENT NO. 1. Amend Senate Bill 203 on page 3, immediately
below line 13, by inserting the following:
"Nothing in this subsection (e) shall affect the authority of a
unit of local government to regulate motorcycles for safety purposes
or in accordance with Section 12-602 of this Code."; and
on page 3, by replacing lines 14 through 22 with the following:
"A home rule unit may not regulate motorcycles in a manner
inconsistent with this subsection (e). This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units
of powers and functions exercised by the State.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 11. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 11
AMENDMENT NO. 1. Amend Senate Bill 11 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Certified
Capital Company Act.".
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.
RECALLS
By unanimous consent, on motion of Representative Hoffman, SENATE
BILL 203 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON SECOND READING
SENATE BILL 349. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 349
3426 JOURNAL OF THE [May 4, 1999]
AMENDMENT NO. 1. Amend Senate Bill 349 on page 2, by deleting
lines 2 through 16; and
on page 2, lines 18 and 19, by deleting "or receives telephone calls
from"; and
on page 2, line 21, by deleting "or receives"; and
on page 5, immediately below line 30, by inserting the following:
"(21) A person, partnership, association, corporation, or any
other entity licensed under the Residential Mortgage License Act of
1987."; and
on page 11, line 3, after the period, by inserting the following:
"For offers of consumer credit products subject to the federal Truth
in Lending Act, 15 U.S.C. 1601 et seq., and Regulation Z, 12 C.F.R.
Part 226, compliance with the disclosure requirements under the Truth
in Lending Act and Regulation Z shall constitute compliance with this
subdivision (b)(1)."; and
on page 13, by replacing lines 25 through 28 with the following:
"(1) Telephone calls in which the sale of goods or services is
not completed and payment, payment information, and authorization of
payment are not obtained until:
(A) there has been a face-to-face presentation by the
seller; or
(B) there is a written contract signed by the consumer.";
and
by replacing line 33 on page 13 and lines 1 through 23 on page 14
with the following:
"(4) Telephone calls made by a collection agency"; and
on page 14, by deleting lines 26 through 29; and
by replacing lines 21 through 31 on page 18 and lines 1 through 21 on
page 19 with the following:
"Section 70. Telemarketing Fraud Enforcement Fund. There"; and
on page 19, line 30, by replacing "80" with "75"; and
on page 20, line 2, by replacing "85" with "80".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 423. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Public
Utilities, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 423
AMENDMENT NO. 1. Amend Senate Bill 423 on page 1, line 11, by
changing "a public" to "an electric public"; and
on page 1, line 15, by changing "OSHA or ANSI" to "Occupational
Safety and Health Administration or American National Standards
Institute"
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 457. Having been printed, was taken up and read by
title a second time.
Committee Amendment No. 1 lost in the Committee on Registration &
Regulation.
The following amendment was offered in the Committee on
HOUSE OF REPRESENTATIVES 3427
Registration & Regulation, adopted and printed:
AMENDMENT NO. 2 TO SENATE BILL 457
AMENDMENT NO. 2. Amend Senate Bill 457 by replacing the title
with the following:
"AN ACT regarding plumbing."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by adding
Section 13-709 as follows:
(220 ILCS 5/13-709 new)
Sec. 13-709. Orders of correction.
(a) A telecommunications carrier shall comply with orders of
correction issued by the Department of Public Health under Section 5
of the Illinois Plumbing License Law.
(b) Upon receiving notification from the Department of Public
Health that a telecommunications carrier has failed to comply with an
order of correction, the Illinois Commerce Commission shall enforce
the order.
(c) The good faith compliance by a telecommunications carrier
with an order of the Department of Public Health or Illinois Commerce
Commission to terminate service pursuant to Section 5 of the Illinois
Plumbing License Law shall constitute a complete defense to any civil
action brought against the telecommunications carrier arising from
the termination of service.
Section 10. The Illinois Plumbing License Law is amended by
changing Sections 1, 2, 3, 5, 8, 14, and 20 and by adding Sections
2.5 and 13.1 as follows:
(225 ILCS 320/1) (from Ch. 111, par. 1101)
Sec. 1. Purpose. It has been established by scientific evidence
that improper plumbing can result in the introduction of pathogenic
organisms into the potable water supply, result in the escape of
toxic gases into the environment, and result in potentially lethal
disease and epidemic. It is further found that minimum numbers of
plumbing facilities and fixtures are necessary for the comfort and
convenience of workers and persons in public places.
Consistent with its duty to safeguard the health of the people of
this State, the General Assembly therefore declares that the
regulation of plumbing and the plumbing trade is necessary for the
protection of the public health, convenience, and welfare. The
General Assembly therefore declares that individuals who plan,
inspect, install, alter, extend, repair and maintain plumbing systems
shall be individuals of proven skill. Further, the General Assembly
declares that a guide for the minimum control and number of plumbing
materials and fixtures, the design of plumbing systems, and the
construction and installation methods of plumbing systems is
essential for the protection of public health and convenience. In
order to insure plumbing skill and to authoritatively establish what
shall be good plumbing practice, this Act provides for the licensing
of plumbers and plumbing contractors and for the promulgation of a
Minimum Plumbing Code of standards by the Department., This Act is
therefore declared to be essential to the public interest.
(Source: P.A. 87-885.)
(225 ILCS 320/2) (from Ch. 111, par. 1102)
Sec. 2. When used in this Act:
"Agent" means a person designated by a sponsor as responsible for
supervision of an apprentice plumber and who is also an Illinois
licensed plumber.
"Apprentice plumber" means any licensed person who is learning
and performing plumbing under the supervision of a sponsor or his
3428 JOURNAL OF THE [May 4, 1999]
agent in accordance with the provisions of this Act.
"Approved apprenticeship program" means an apprenticeship program
approved by the U.S. Department of Labor's Bureau of Apprenticeship
and Training and the Department under rules.
"Board" means the Illinois State Board of Plumbing Examiners.
"Building drain" means that part of the lowest horizontal piping
of a drainage system that receives the discharge from soil, waste,
and other drainage pipes inside the walls of a building and conveys
it to 5 feet beyond the foundation walls where it is connected to the
building sewer.
"Building sewer" means that part of the horizontal piping of a
drainage system that extends from the end of the building drain,
receives the discharge of the building drain and conveys it to a
public sewer or private sewage disposal system.
"Department" means the Illinois Department of Public Health.
"Director" means the Director of the Illinois Department of
Public Health.
"Governmental unit" means a city, village, incorporated town,
county, or sanitary or water district.
"Lawn sprinkler system" means any irrigation system of lawn,
shrubbery and other vegetation from any potable water sources; and
from any water sources, whether or not potable, in: (i) any county
with a population of 3,000,000 or more; (ii) any county with a
population of 275,000 or more which is contiguous in whole or in part
to a county with a population of 3,000,000 or more; and (iii) any
county with a population of 37,000 or more but less than 150,000
which is contiguous to 2 or more counties with respective populations
in excess of 275,000. Such system includes without limitation the
water supply piping, valves and sprinkler heads or other irrigation
outlets. Lawn sprinkler system does not include an irrigation system
used primarily for agricultural purposes.
"Person" means any natural person, firm, corporation,
partnership, or association.
"Plumber" means any licensed person authorized to perform
plumbing as defined in this Act, but does not include retired
plumbers as defined in this Act.
"Plumbing" means the actual installation, repair, maintenance,
alteration or extension of a plumbing system by any person.
Plumbing includes all piping, fixtures, appurtenances and
appliances for a supply of water for all purposes, including without
limitation lawn sprinkler systems, from the source of a private water
supply on the premises or from the main in the street, alley or at
the curb to, within and about any building or buildings where a
person or persons live, work or assemble.
Plumbing includes all piping, from discharge of pumping units to
and including pressure tanks in water supply systems.
Plumbing includes all piping, fixtures, appurtenances, and
appliances for a building drain and a sanitary drainage and related
ventilation system of any building or buildings where a person or
persons live, work or assemble from the point of connection of such
building drain to the building sewer or private sewage disposal
system 5 feet beyond the foundation walls.
Plumbing does not mean or include the trade of drain-laying, the
trade of drilling water wells which constitute the sources of private
water supplies, and of making connections between such wells and
pumping units in the water supply systems of buildings served by such
private water supplies, or the business of installing water softening
equipment and of maintaining and servicing the same, or the business
of manufacturing or selling plumbing fixtures, appliances, equipment
or hardware, or to the installation and servicing of electrical
equipment sold by a not-for-profit corporation providing
HOUSE OF REPRESENTATIVES 3429
electrification on a cooperative basis, that either on or before
January 1, 1971, is or has been financed in whole or in part under
the federal "Rural Electrification Act of 1936" and the Acts
amendatory thereof and supplementary thereto, to its members for use
on farms owned by individuals or operated by individuals, nor does it
mean or include minor repairs which do not require changes in the
piping to or from plumbing fixtures or involve the removal,
replacement, installation or re-installation of any pipe or plumbing
fixtures. Plumbing does not include the installation, repair,
maintenance, alteration or extension of building sewers.
"Plumbing contractor" means any person who performs plumbing, as
defined in this Act, for another person. "Plumbing contractor" shall
not include licensed plumbers and licensed apprentice plumbers who
are employed by persons engaged in the plumbing business or are in
the sole employ of another person for the performance of plumbing for
that other person alone, including, but not limited to, hospital,
university, or business maintenance staffs. "Plumbing contractors"
are required to be licensed pursuant to the provisions of this Act.
"Plumbing fixtures" means installed receptacles, devices or
appliances that are supplied with water or that receive or discharge
liquids or liquid borne wastes, with or without discharge into the
drainage system with which they may be directly or indirectly
connected.
"Plumbing system" means the water service, water supply and
distribution pipes; plumbing fixtures and traps; soil, waste and vent
pipes; building drains; including their respective connections,
devices and appurtenances. Plumbing system does not include building
sewers as defined in this Act.
"Retired plumber" means any licensed plumber in good standing who
meets the requirements of this Act and the requirements prescribed by
Department rule to be licensed as a retired plumber and voluntarily
surrenders his plumber's license to the Department, in exchange for a
retired plumber's license. Retired plumbers cannot perform plumbing
as defined in this Act, cannot sponsor or supervise apprentice
plumbers, and cannot inspect plumbing under this Act. A retired
plumber cannot fulfill the requirements of subsection (3) of Section
3 of this Act.
"Supervision" with respect to first and second year licensed
apprentice plumbers means that such apprentices must perform all
designing and planning of plumbing systems and all plumbing as
defined in this Act under the direct personal supervision of the
sponsor or his or her agent who must also be an Illinois licensed
plumber, except for maintenance and repair work on existing plumbing
systems done by second year apprentice plumbers; provided that before
performing any maintenance and repair work without such supervision,
such apprentice has received the minimum number of hours of annual
classroom instruction recommended by the United States Department of
Labor's Bureau of Apprenticeship and Training for apprentice plumbers
in a Bureau of Apprenticeship and Training approved plumber
apprenticeship program or its equivalent. "Supervision" with respect
to all other apprentice plumbers means that, except for maintenance
and repair work on existing plumbing systems, any plumbing done by
such apprentices must be inspected daily, after initial rough-in and
after completion by the sponsor or his or her agent who is also an
Illinois licensed plumber. In addition, all repair and maintenance
work done by a licensed apprentice plumber on an existing plumbing
system must be approved by the sponsor or his or her agent who is
also an Illinois licensed plumber.
"Sponsor" is an Illinois licensed plumber or an approved
apprenticeship program that has accepted an individual as an Illinois
licensed apprentice plumber for education and training in the field
3430 JOURNAL OF THE [May 4, 1999]
of plumbing and whose name and license number or apprenticeship
program number shall appear on the individual's application for an
apprentice plumber's license.
"Sponsored" means that each Illinois licensed apprentice plumber
has been accepted by an Illinois licensed plumber or an approved
apprenticeship program for apprenticeship training.
"Telecommunications carrier" means a telecommunications carrier
as defined in the Public Utilities Act.
(Source: P.A. 89-665, eff. 8-14-96.)
(225 ILCS 320/2.5 new)
Sec. 2.5. Lawn Sprinkler Systems. The piping, as well as
appurtenances, exclusive of the reduced pressure zone backflow
preventive device (RPZ), of a residential lawn sprinkler system
supplied from a water service of one inch or less may be installed by
persons other than licensed plumbers or apprentices, provided the
design and installation of the system have been approved by a
licensed plumber. When the RPZ is located inside a residence, the
connection for the lawn sprinkler system shall be extended beyond the
exterior wall of the structure to a distance of at least 12 inches by
a licensed plumber. Further, whenever this exemption is invoked,
written notice of the exemption shall be served upon and accepted by
the property owner or agent.
Nothing in this Act shall require persons engaged in the
installation of a lawn sprinkler system whose duties involve other
than the installation and fabrication of the piping and appurtenances
to be licensed as a plumber or apprentice.
(225 ILCS 320/3) (from Ch. 111, par. 1103)
Sec. 3. (1) All planning and designing of plumbing systems and
all plumbing shall be performed only by plumbers licensed under the
provisions of this Act hereinafter called "licensed plumbers" and
"licensed apprentice plumbers". The inspection of plumbing and
plumbing systems shall be done only by the sponsor or his or her
agent who shall be an Illinois licensed plumber. Nothing herein
contained shall prohibit licensed plumbers or licensed apprentice
plumbers under supervision from planning, designing, inspecting,
installing, repairing, maintaining, altering or extending building
sewers in accordance with this Act. No person who holds a license or
certificate of registration under the Illinois Architecture Practice
Act of 1989, or the Structural Engineering Licensing Act of 1989, or
the Professional Engineering Practice Act of 1989 shall be prevented
from planning and designing plumbing systems.
(2) Nothing herein contained shall prohibit the owner occupant
or lessee occupant of a single family residence, or the owner of a
single family residence under construction for his or her occupancy,
from planning, installing, altering or repairing the plumbing system
of such residence, provided that (i) such plumbing shall comply with
the minimum standards for plumbing contained in the Illinois State
Plumbing Code, and shall be subject to inspection by the Department
or the local governmental unit if it retains a licensed plumber as an
inspector; and (ii) such owner, owner occupant or lessee occupant
shall not employ other than a plumber licensed pursuant to this Act
to assist him or her.
For purposes of this subsection, a person shall be considered an
"occupant" if and only if he or she has taken possession of and is
living in the premises as his or her bona fide sole and exclusive
residence, or, in the case of an owner of a single family residence
under construction for his or her occupancy, he or she expects to
take possession of and live in the premises as his or her bona fide
sole and exclusive residence, and he or she has a current intention
to live in such premises as his or her bona fide sole and exclusive
residence for a period of not less than 6 months after the completion
HOUSE OF REPRESENTATIVES 3431
of the plumbing work performed pursuant to the authorization of this
subsection, or, in the case of an owner of a single family residence
under construction for his or her occupancy, for a period of not less
than 6 months after the completion of construction of the residence.
Failure to possess and live in the premises as a sole and exclusive
residence for a period of 6 months or more shall create a rebuttable
presumption of a lack of such intention.
(3) (Blank). The employees of a firm, association, partnership
or corporation who engage in plumbing shall be licensed plumbers or
licensed apprentice plumbers. At least one member of every firm,
association or partnership engaged in plumbing work, and at least one
corporate officer of every corporation engaged in plumbing work, as
the case may be, shall be a licensed plumber. A retired plumber
cannot fulfill the requirements of this subsection (3).
(4) (a) A licensed apprentice plumber shall plan, design and
install plumbing only under the supervision of the sponsor or his
or her agent who is also an Illinois licensed plumber.
(b) An applicant for licensing as an apprentice plumber
shall be at least 16 years of age and apply on the application
form provided by the Department. Such application shall verify
that the applicant is sponsored by an Illinois licensed plumber
or an approved apprenticeship program and shall contain the name
and license number of the licensed plumber or program sponsor.
(c) No licensed plumber shall sponsor more than 2 licensed
apprentice plumbers at the same time. If 2 licensed apprentice
plumbers are sponsored by a plumber at the same time, one of the
apprentices must have, at a minimum, 2 years experience as a
licensed apprentice. No licensed plumber sponsor or his or her
agent may supervise 2 licensed apprentices with less than 2 years
experience at the same time. The sponsor or agent shall supervise
and be responsible for the plumbing performed by a licensed
apprentice.
(d) No agent shall supervise more than 2 licensed
apprentices at the same time.
(e) No licensed plumber may, in any capacity, supervise
more than 2 licensed apprentice plumbers at the same time.
(f) No approved apprenticeship program may sponsor more
licensed apprentices than 2 times the number of licensed plumbers
available to supervise those licensed apprentices.
(g) No approved apprenticeship program may sponsor more
licensed apprentices with less than 2 years experience than it
has licensed plumbers available to supervise those licensed
apprentices.
(h) No individual shall work as an apprentice plumber
unless he or she is properly licensed under this Act. The
Department shall issue an apprentice plumber's license to each
approved applicant.
(i) No licensed apprentice plumber shall serve more than a
6 year licensed apprenticeship period. If, upon completion of a
6 year licensed apprenticeship period, such licensed apprentice
plumber does not apply for the examination for a plumber's
license and successfully pass the examination for a plumber's
license, his or her apprentice plumber's license shall not be
renewed.
Nothing contained in P.A. 83-878, entitled "An Act in relation to
professions", approved September 26, 1983, was intended by the
General Assembly nor should it be construed to require the employees
of a governmental unit or privately owned municipal water supplier
who operate, maintain or repair a water or sewer plant facility which
is owned or operated by such governmental unit or privately owned
municipal water supplier to be licensed plumbers under this Act. In
3432 JOURNAL OF THE [May 4, 1999]
addition, nothing contained in P.A. 83-878 was intended by the
General Assembly nor should it be construed to permit persons other
than licensed plumbers to perform the installation, repair,
maintenance or replacement of plumbing fixtures, such as toilet
facilities, floor drains, showers and lavatories, and the piping
attendant to those fixtures, within such facility or in the
construction of a new facility.
Nothing contained in P.A. 83-878, entitled "An Act in relation to
professions", approved September 26, 1983, was intended by the
General Assembly nor should it be construed to require the employees
of a governmental unit or privately owned municipal water supplier
who install, repair or maintain water service lines from water mains
in the street, alley or curb line to private property lines and who
install, repair or maintain water meters to be licensed plumbers
under this Act if such work was customarily performed prior to the
effective date of such Act by employees of such governmental unit or
privately owned municipal water supplier who were not licensed
plumbers. Any such work which was customarily performed prior to the
effective date of such Act by persons who were licensed plumbers or
subcontracted to persons who were licensed plumbers must continue to
be performed by persons who are licensed plumbers or subcontracted to
persons who are licensed plumbers. When necessary under this Act,
the Department shall make the determination whether or not persons
who are licensed plumbers customarily performed such work.
(Source: P.A. 89-665, eff. 8-14-96.)
(225 ILCS 320/5) (from Ch. 111, par. 1104)
Sec. 5. Advertising.
(a) Persons who advertise plumbing services shall, at their
place of business, display the licensed plumber's license of at least
one member of the firm, partnership or officer of the corporation and
shall maintain a register listing the names and license numbers of
all licensed plumbers and all licensed apprentice plumbers currently
employed by them. The number of the license so displayed shall also
be included with the plumbing identification on vehicles.
(b) No person who provides plumbing services may advertise those
services unless that person includes in the advertisement the license
number that is required to be displayed under subsection (a). Nothing
contained in this subsection requires the publisher of advertising
for plumbing services to investigate or verify the accuracy of the
license number provided by the advertiser.
(b.5) Any person who advertises plumbing services (i) who fails
to display the license number required by subsection (a) in all
manners required by that subsection, (ii) who fails to provide a
publisher with the correct number under subsection (b), or (iii) who
provides a publisher with a false license number or a license number
of a person other than the person designated under subsection (a), or
any person who allows his or her license number to be displayed or
used in order to allow any other person to circumvent any provisions
of this Section is guilty of a Class A misdemeanor with a fine of
$1,000, which shall be subject to the enforcement provisions of
Section 29 of this Act. Each day that a person fails to display the
required license under subsection (a) and each day that an
advertisement runs or each day that a person allows his or her
license to be displayed or used in violation of this Section
constitutes a separate offense.
In addition to, and not in lieu of, the penalties and remedies
provided for in this Section and Section 29 of this Act, any person
licensed under this Act who violates any provision of this Section
shall be subject to suspension or revocation of his or her license
under Section 19 of this Act.
(b.10) In addition to, and not in lieu of, the penalties and
HOUSE OF REPRESENTATIVES 3433
remedies provided for in this Section and Sections 19, 20, and 29 of
this Act, and after notice and an opportunity for hearing as provided
for in this subsection and Section 19 of this Act, the Department may
issue an Order Of Correction to the telecommunications carrier
furnishing service to any telephone number contained in a printed
advertisement for plumbing services that is found to be in violation
of the provisions of this subsection. The Order of Correction shall
be limited to the telephone number contained in the unlawful
advertisement. The Order of Correction shall notify the
telecommunications carrier to disconnect the telephone service
furnished to any telephone number contained in the unlawful
advertisement and that subsequent calls to that number shall not be
referred by the telecommunications carrier to any new telephone
number obtained by or any existing number registered to the person.
If, upon investigation, the Department has probable cause to
believe that a person has placed an advertisement with a
telecommunications carrier that: (i) contains a false license number,
(ii) contains a license number of a person other than the person
designated under subsection (a), or (iii) is placed or circulated by
a person who is not properly licensed under this Act, the Department
shall provide notice to the person of the Department's intent to
issue an Order of Correction to the telecommunications carrier to
disconnect the telephone service furnished to any telephone number
contained in the unlawful advertisement, and that subsequent calls to
that number shall not be referred by the telecommunications carrier
to any new telephone number obtained by or any existing number
registered to the person.
Notice shall be provided by certified mail or by personal service
setting forth the particular reasons for the proposed action and
fixing a date, not less than 20 days from the date of the mailing or
service, within which time the person must request a hearing in
writing. Failure to serve upon the Department a written request for
hearing within the time provided in the notice shall constitute a
waiver of the person's right to an administrative hearing. The
hearing, findings, and conclusions shall be in accordance with the
provisions contained in Section 19 of this Act and the Department's
Rules of Practice and Procedure in Administrative Hearings (77 Ill.
Admin. Code 100), which are incorporated by reference herein.
Upon a finding that the person has violated the provisions of
this subsection, the Department shall issue the Order of Correction
to the telecommunications carrier. If the telecommunications carrier
fails to comply with the Order of Correction within 20 days after the
order is final, the Department shall inform the Illinois Commerce
Commission of the failure to comply and the Illinois Commerce
Commission shall require the telecommunications carrier furnishing
services to that person to disconnect the telephone service furnished
to the telephone number contained in the unlawful advertisement and
direct that subsequent calls to that number shall not be referred by
the telecommunications carrier to any new telephone number obtained
by or any existing number registered to the person.
A person may have his or her telephone services restored, after
an Order of Correction has been issued, upon a showing, to the
satisfaction of the Department, that he or she is in compliance with
the provisions of this Act.
(c) The Department may require by rule and regulation additional
information concerning licensed plumbers and licensed apprentice
plumbers maintained in the register. The Department shall have the
right to examine the payroll records of such persons to determine
compliance with this provision. The Department's right to examine
payroll records is limited solely to those records and does not
extend to any other business records.
3434 JOURNAL OF THE [May 4, 1999]
(Source: P.A. 87-593; 88-501.)
(225 ILCS 320/8) (from Ch. 111, par. 1107)
Sec. 8. The Director shall:
(1) Prepare forms for application for examination for a
plumber's license.
(2) Prepare and issue licenses as provided in this Act.
(3) With the aid of the Board prescribe rules and regulations
for examination of applicants for plumber's licenses.
(4) With the aid of the Board prepare and give uniform and
comprehensive examinations to applicants for a plumber's license
which shall test their knowledge and qualifications in the planning
and design of plumbing systems, their knowledge, qualifications, and
manual skills in plumbing, and their knowledge of the State's minimum
code of standards relating to fixtures, materials, design and
installation methods of plumbing systems, promulgated pursuant to
this Act.
(5) Issue a plumber's license and license renewal to every
applicant who has passed the examination and who has paid the
required license and renewal fee.
(6) Prescribe rules for hearings to deny, suspend, revoke or
reinstate licenses as provided in this Act.
(7) Maintain a current record showing (a) the names and
addresses of licensed plumbing contractors, licensed plumbers,
licensed apprentice plumbers, and licensed retired plumbers, (b) the
dates of issuance of licenses, (c) the date and substance of the
charges set forth in any hearing for denial, suspension or revocation
of any license, (d) the date and substance of the final order issued
upon each such hearing, and (e) the date and substance of all
petitions for reinstatement of license and final orders on such
petitions.
(8) Prescribe, in consultation with the Board, uniform and
reasonable rules defining what constitutes an approved course of
instruction in plumbing, in colleges, universities, or trade schools,
and approve or disapprove the courses of instruction offered by such
colleges, universities, or trade schools by reference to their
compliance or noncompliance with such rules. Such rules shall be
designed to assure that an approved course of instruction will
adequately teach the design, planning, installation, replacement,
extension, alteration and repair of plumbing.
(Source: P.A. 89-665, eff. 8-14-96.)
(225 ILCS 320/13.1 new)
Sec. 13.1. Plumbing contractors; license required; applications.
(1) After May 1, 2001 all plumbing contractors doing business in
Illinois shall be licensed in accordance with the provisions of this
Act.
(2) Application for licensure shall be filed with the Department
each year on or before the first day of May in writing on forms
prepared and furnished by the Department. All plumbing contractor
licenses shall expire on the last day of April of each year.
(3) Applications shall contain the name, address, and telephone
number of the person and the Illinois plumber's license number of (i)
the individual, if a sole proprietorship; (ii) the partner, if a
partnership; or (iii) an officer, if a corporation. The application
shall contain the business name and address, evidence of financial
responsibility, and such other information as the Department may by
rule require.
(4) Applicants shall submit to the Department a certificate
documenting that the contractor carries liability insurance, self
insurance, group insurance, group self insurance, a letter of credit,
or bond in an amount of at least $20,000 for work performed in
accordance with this Act and the rules promulgated thereunder. No
HOUSE OF REPRESENTATIVES 3435
contractor may be licensed in the absence of a certificate.
Certificates must be in force at all times during licensure.
(5) At least one owner or officer of every licensed plumbing
contractor shall be licensed as a plumber in accordance with this
Act. All employees of a licensed plumbing contractor who engage in
plumbing work shall be licensed as plumbers or apprentice plumbers in
accordance with this Act.
(6) Licensed plumbing contractors shall submit an annual
licensure fee to be established by rule.
(7) Plumbing contractor licenses shall be renewed annually upon
submission of the licensure fee and proof of the $20,000 performance
indemnification 30 days prior to expiration.
(8) The Department shall be notified in advance of any change of
business structure, business name, business location, or the addition
or deletion of the owner or officer who is the licensed plumber
listed in the application. Failure to notify the Department of this
information shall be grounds for suspension or revocation of the
plumbing contractor's license.
(225 ILCS 320/14) (from Ch. 111, par. 1113)
Sec. 14. License renewal; continuing education. All plumbing
contractor's licenses, plumber's licenses, and apprentice plumber's
licenses issued under this Act shall expire on April 30 next
following date of issuance. The term for retired plumber's licenses
shall be prescribed by Department rule after consultation with the
Board of Plumbing Examiners.
An apprentice plumber's license shall also expire the date that
the licensed plumber sponsor of such licensed apprentice plumber
severs his or her sponsor status with the licensed apprentice
plumber. The licensed plumber sponsor shall immediately notify the
Department of the severance of his or her relationship with the
licensed apprentice plumber. Such apprentice plumber may, on forms
provided by the Department, apply for reinstatement of his or her
apprentice license by submitting to the Department a new application
and new apprentice plumber's license fee. The application shall
verify that the applicant for reinstatement of his or her apprentice
plumber's license is sponsored by an Illinois licensed plumber. If
the applicant is employed by a firm, the application shall contain
the name and license number of an Illinois licensed plumber employee
of the firm or name and license number of an Illinois licensed
plumber member of the firm, or name and Illinois plumber's license
number of an officer of a corporation who is the sponsor. Licensed
apprentice plumbers shall not accumulate more than 6 years as a
licensed apprentice plumber.
Upon the recommendation of the Board, the Department may require
by rule that each licensed plumber annually complete a minimum number
of hours of classroom instruction and provide evidence of attending
the classes before receiving a renewal plumber license. A continuing
education requirement established by the Department for all licensed
plumbers shall not exceed 15 hours per year. In addition, the
Department shall by rule establish guidelines for additional
continuing education to be required for licensed plumbers found to
have committed repeated Plumbing Code violations. In support of
these requirements, the Department shall by rule establish curricula
for continuing education and requirements for instructors and may
certify instructors and training programs and schools for continuing
education.
A plumber's license and an apprentice plumber's license may be
renewed for a period of one year from each succeeding May 1st upon
payment prior to May 1st of the required renewal fee and submission
of required evidence of successful completion of any required
continuing education courses. Application for renewal shall be on
3436 JOURNAL OF THE [May 4, 1999]
forms provided by the Department. An application for renewal of
licenses received by the Department after May 1st shall include the
annual renewal fees plus reinstatement fees, provided that the
apprentice plumber's application is received by November 1 of the
same year.
A plumber licensed pursuant to this Act whose license has been
expired for a period of less than 5 years may apply to the Department
for reinstatement of his or her plumber's license. The Department
shall issue such license renewal provided the applicant pays to the
Department all lapsed renewal fees, plus the reinstatement fee. A
plumber licensed pursuant to this Act who has permitted his or her
license to expire for more than 5 years may apply, in writing, to the
Department for restoration of his or her license. The Department
shall restore his or her license provided he or she pays to the
Department the required restoration fee and shall successfully pass
the examination for an Illinois plumber's license. The restoration
fee includes the applicant's examination fee. Failure by the
applicant to successfully pass the plumber's license examination
shall be sufficient grounds for the Department to withhold issuance
of the requested restoration of the applicant's plumber's license.
The applicant may retake the examination in accordance with the
provisions of this Act.
A retired plumber licensed under this Act who has surrendered his
or her plumber's license for a period of less than 5 years may apply
to the Department for reinstatement of his or her plumber's license.
The Department shall renew the license provided the applicant pays to
the Department any reinstatement fee required by Department rule. A
retired plumber licensed under this Act who has surrendered his or
her plumber's license for a period of more than 5 years may apply in
writing to the Department for restoration of his or her license. The
Department shall restore his or her license provided he or she pays
to the Department the restoration fee required by Department rule and
successfully passes the examination for an Illinois plumber's
license. The restoration fee includes the applicant's examination
fee. Failure by the applicant to successfully pass the plumber's
license examination shall be sufficient grounds for the Department to
withhold issuance of the requested restoration of the applicant's
plumber's license. The applicant may retake the examination in
accordance with the provisions of this Act.
(Source: P.A. 89-665, eff. 8-14-96; 90-714, eff. 8-7-98.)
(225 ILCS 320/20) (from Ch. 111, par. 1119)
Sec. 20. Grounds for discipline.
(1) The Director may deny, revoke or suspend a license when
findings show one or more of the following:
(a) That the licensee obtained or conspired with others to
obtain a license by inducing the issuance thereof in
consideration of the payment of money or delivery of any other
thing of value or by and through misrepresentation of facts.
(b) That the licensee willfully violated any law of this
State or any rule, regulation or code promulgated thereunder
regulating plumbing, licensed plumbing contractors, licensed
plumbers, licensed apprentice plumbers, licensed retired
plumbers, water well pump installations and private sewage
disposal systems.
(c) That the licensee has been guilty of negligence or
incompetence in the performance of plumbing.
(d) That the licensee has loaned or in any manner
transferred his or her license to another person.
(e) That the sponsor or his or her agent has failed to
properly supervise a licensed apprentice plumber.
(2) If a license is suspended or revoked, the license shall be
HOUSE OF REPRESENTATIVES 3437
surrendered to the Department but, if suspended, it shall be returned
to the licensee upon the termination of the suspension period.
The Department may refuse to issue or may suspend the license of
any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of
tax, penalty or interest, as required by any tax Act administered by
the Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
(Source: P.A. 87-885.)
Section 99. Effective date. This Act takes effect on January 1,
2000.".
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 468. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Revenue,
adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 468
AMENDMENT NO. 1. Amend Senate Bill 468 on page 3, line 19, by
replacing "calendar year" with "12-month period"; and
on page 4, line 33, by replacing "calendar year" with "12-month
period"; and
on page 5, line 17, by replacing "calendar year" with "12-month
period"; and
on page 6, line 3, by replacing "calendar year" with "12-month
period".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 537. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 537
AMENDMENT NO. 1. Amend Senate Bill 537 as follows:
by replacing the title with the following:
"AN ACT in relation to a general county retailers' occupation tax.";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Counties Code is amended by adding Section
5-1006.6 as follows:
(55 ILCS 5/5-1006.6 new)
Sec. 5-1006.6. General County Retailers' Occupation Tax.
(a) The county board of any county may impose a tax upon all
persons engaged in the business of selling tangible personal
property, other than personal property titled or registered with an
agency of this State's government, at retail in the county on the
gross receipts from the sales made in the course of business to
provide revenue to be used for purposes defined by county board
resolution, if a proposition for the tax has been submitted to the
3438 JOURNAL OF THE [May 4, 1999]
electors of that county and approved by a majority of those voting on
the question. If imposed, this tax shall be imposed only at the rate
of 0.25%. By resolution, the county board may order the proposition
to be submitted at any election. The county clerk shall certify the
question to the proper election authority, who shall submit the
proposition at an election in accordance with the general election
law.
The proposition shall be in substantially the following form:
"Shall (name of county) be authorized to impose a tax at the
rate of 0.25% upon all persons engaged in the business of selling
tangible personal property at retail in the county on gross
receipts from the sales made in the course of their business to
be used for (the purposes defined by the county board
resolution)?"
Votes shall be recorded as Yes or No. If a majority of the electors
voting on the proposition vote in favor of it, the county may impose
the tax.
This additional tax may not be imposed on the sales of food for
human consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks, and food which has
been prepared for immediate consumption) and prescription and
non-prescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes, and needles used by diabetics.
The tax imposed by a county under this Section and all civil
penalties that may be assessed as an incident of the tax shall be
collected and enforced by the Illinois Department of Revenue. The
certificate of registration that is issued by the Department to a
retailer under the Retailers' Occupation Tax Act shall permit the
retailer to engage in a business that is taxable without registering
separately with the Department under an ordinance or resolution under
this Section. The Department has full power to administer and
enforce this Section, to collect all taxes and penalties due under
this Section, to dispose of taxes and penalties so collected in the
manner provided in this Section, and to determine all rights to
credit memoranda arising on account of the erroneous payment of a tax
or penalty under this Section. In the administration of and
compliance with this Section, the Department and persons who are
subject to this Section shall (i) have the same rights, remedies,
privileges, immunities, powers, and duties, (ii) be subject to the
same conditions, restrictions, limitations, penalties, and
definitions of terms, and (iii) employ the same modes of procedure as
are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained in
those Sections other than the State rate of tax), 2-15 through 2-70,
2a, 2b, 2c, 3 (except provisions relating to transaction returns and
quarter monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty
and Interest Act as if those provisions were set forth in this
Section.
Persons subject to any tax imposed under the authority granted in
this Section may reimburse themselves for their sellers' tax
liability by separately stating the tax as an additional charge,
which charge may be stated in combination, in a single amount, with
State tax which sellers are required to collect under the Use Tax
Act, pursuant to such bracketed schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the order to be drawn for the amount specified and to the
HOUSE OF REPRESENTATIVES 3439
person named in the notification from the Department. The refund
shall be paid by the State Treasurer out of the County General
Retailers' Occupation Tax Fund.
(b) If a tax has been imposed under subsection (a), a service
occupation tax shall also be imposed at the same rate upon all
persons engaged, in the county, in the business of making sales of
service, who, as an incident to making those sales of service,
transfer tangible personal property within the county as an incident
to a sale of service. This tax may not be imposed on sales of food
for human consumption that is to be consumed off the premises where
it is sold (other than alcoholic beverages, soft drinks, and food
prepared for immediate consumption) and prescription and
non-prescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes, and needles used by diabetics. The
tax imposed under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by
the Department of Revenue. The Department has full power to
administer and enforce this subsection; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of, and
compliance with this subsection, the Department and persons who are
subject to this paragraph shall (i) have the same rights, remedies,
privileges, immunities, powers, and duties, (ii) be subject to the
same conditions, restrictions, limitations, penalties, exclusions,
exemptions, and definitions of terms, and (iii) employ the same modes
of procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a place
of business in this State shall mean the county), 2a, 2b, 2c, 3
through 3-50 (in respect to all provisions therein other than the
State rate of tax), 4 (except that the reference to the State shall
be to the county), 5, 7, 8 (except that the jurisdiction to which the
tax shall be a debt to the extent indicated in that Section 8 shall
be the county), 9 (except as to the disposition of taxes and
penalties collected), 10, 11, 12 (except the reference therein to
Section 2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the county), Section 15, 16, 17,
18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those provisions
were set forth herein.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax
liability by separately stating the tax as an additional charge,
which charge may be stated in combination, in a single amount, with
State tax that servicemen are authorized to collect under the Service
Use Tax Act, in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made
under this subsection to a claimant instead of issuing a credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the warrant to be drawn for the amount specified, and to
the person named, in the notification from the Department. The
refund shall be paid by the State Treasurer out of the County General
Retailers' Occupation Fund.
Nothing in this subsection shall be construed to authorize the
county to impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States may not be made the
subject of taxation by the State.
(c) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties collected
3440 JOURNAL OF THE [May 4, 1999]
under this Section to be deposited into the County General Retailers'
Occupation Tax Fund, which shall be an unappropriated trust fund held
outside of the State treasury. On or before the 25th day of each
calendar month, the Department shall prepare and certify to the
Comptroller the disbursement of stated sums of money to the counties
from which retailers have paid taxes or penalties to the Department
during the second preceding calendar month. The amount to be paid to
each county shall be the amount (not including credit memoranda)
collected under this Section during the second preceding calendar
month by the Department plus an amount the Department determines is
necessary to offset any amounts that were erroneously paid to a
different taxing body, and not including (i) an amount equal to the
amount of refunds made during the second preceding calendar month by
the Department on behalf of the county and (ii) any amount that the
Department determines is necessary to offset any amounts that were
payable to a different taxing body but were erroneously paid to the
county. Within 10 days after receipt by the Comptroller of the
disbursement certification to the counties provided for in this
Section to be given to the Comptroller by the Department, the
Comptroller shall cause the orders to be drawn for the respective
amounts in accordance with directions contained in the certification.
(d) For the purpose of determining the local governmental unit
whose tax is applicable, a retail sale by a producer of coal or
another mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted from
the earth. This paragraph does not apply to coal or another mineral
when it is delivered or shipped by the seller to the purchaser at a
point outside Illinois so that the sale is exempt under the United
States Constitution as a sale in interstate or foreign commerce.
(e) Nothing in this Section shall be construed to authorize a
county to impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be made the
subject of taxation by this State.
(e-5) If a county imposes a tax under this Section, the county
board may, by ordinance, discontinue the tax. If the county board
discontinues the tax, a referendum must be held in accordance with
subsection (a) of this Section in order to reimpose the discontinued
tax.
(f) The results of any election authorizing a proposition to
impose a tax under this Section, or any ordinance discontinuing the
tax, shall be certified by the county clerk and filed with the
Illinois Department of Revenue either (i) on or before the first day
of April, whereupon the Department shall proceed to administer and
enforce the tax as of the first day of July next following the
filing; or (ii) on or before the first day of October, whereupon the
Department shall proceed to administer and enforce the tax as of the
first day of January next following the filing.
(g) When certifying the amount of a monthly disbursement to a
county under this Section, the Department shall increase or decrease
the amounts by an amount necessary to offset any miscalculation of
previous disbursements. The offset amount shall be the amount
erroneously disbursed within the previous 6 months from the time a
miscalculation is discovered.
(h) This Section may be cited as the "General County Retailers'
Occupation Tax".".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 74. Having been printed, was taken up and read by
HOUSE OF REPRESENTATIVES 3441
title a second time.
The following amendment was offered in the Committee on
Agriculture & Conservation, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 74
AMENDMENT NO. 1. Amend Senate Bill 74 as follows:
by replacing the title with the following:
"AN ACT to create the Illinois Farm Economic Development and
Renewable Fuel Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Illinois
Farm Economic Development and Renewable Fuel Act.
Section 5. Findings. The legislature finds and declares that it
is in the interest of the people of this State that the establishment
of local grain processing centers be encouraged in order to augment
local agricultural markets, promote agricultural diversification,
expand rural employment opportunities, promote economic activity,
enhance the environment, and protect and better use the land and
agricultural resources of the State.
The legislature finds that grain processing shall be considered
an agricultural pursuit for the purposes of any laws that apply to or
provide for the advancement, benefit, or protection of the
agriculture industry of the State.
Section 10. Purpose. The purpose of the Act is to improve the
environment, create jobs and rural economic growth, and encourage
energy self-reliance through the establishment of community-sized
grain processing centers which produce ethyl alcohol and other grain
products, encourage the establishment of associated industries, and
assist Illinois farmers in expanding local markets for their grain
production.
Section 15. Definitions. For the purpose of this Act:
(a) "Associated industry" means an industry using the
by-products of a processing center, including, but not limited to,
ethyl alcohol, fermented grains, liquid feeds, carbon dioxide, heat,
or any other product resulting from the processing of agricultural
products and located in proximity to the processing center.
(b) "Corn means Illinois produced corn used in a processing
center to make ethyl alcohol, fermented grains, solubles, and carbon
dioxide.
(c) "Department" means the Department of Agriculture.
(d) "Director" means the Director of Agriculture.
(e) "Ethyl alcohol" means fermentation ethyl alcohol having a
purity of at least 95% (190 proof) and derived from agricultural
products, including potatoes, cereal grains, cheese, whey, and sugar
beets; forest products; or other renewable resources, including
residue and waste generated from the production, processing, and
marketing of agricultural products, forest products, and other
renewable resources.
(f) "Processing center" means a grain processing center at which
ethyl alcohol is produced by fermenting corn or other organic
materials and which is owned by a governmental unit or a private
entity that provides Illinois farmers the opportunity to invest.
Section 20. Grain processing payments.
(a) Subject to appropriation, the Director shall make cash
payments to processors in this State that use corn to make ethyl
alcohol and other products. These payments shall apply only to corn
used to make ethyl alcohol and other products in this State at a
processing center that begins production after January 1, 1998. For
the purpose of this Section, an entity that holds a controlling
3442 JOURNAL OF THE [May 4, 1999]
interest in more than one processing center shall be considered a
single processor. The amount of the payment for each processor's
annual consumption shall be 30 cents per bushel of corn for each
bushel of corn used to produce ethyl alcohol and other products in a
grain processing center that began production after January 1, 1998.
Payment shall be made only during the 5-year period beginning at the
same time as the start of production. Payment shall be made only on
the first 5,000,000 bushels of corn consumed annually at each
processing center.
(b) The Director shall make payments to processors of corn in
the amount of 1.5 cents for each kilowatt hour of electricity
generated using closed-loop biomass, coal mine methane gas from
abandoned mines, or methane from waste disposal, including but not
limited to, sanitary landfills, animal manures, or food processing,
in a cogeneration facility serving a processing center or associated
industry located in this State. Payments under this subsection (b)
shall be made only for electricity generated at cogeneration
facilities serving processing centers that begin operation after
January 1, 1998. The payments shall apply to electricity generated
on or before the date 5 years after the processor first qualifies for
payment under this Act. Total payments to processors under this
Section in any fiscal year may not exceed $750,000. For the purposes
of this Section:
(i) "closed-loop biomass" means any organic material from a
plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to
generate electricity; and
(ii) "cogeneration" means the combined generation of:
(1) electrical or mechanical power; and
(2) steam or forms of useful energy, including, but
not limited to heat, that are used for industrial,
commercial, heating, or cooling purposes.
(c) The total payments under subsections (a) and (b) to all
processors may not exceed $4,500,000 in a fiscal year. Total
payments under subsections (a) and (b) to a processor in a fiscal
year may not exceed $2,250,000.
(d) By the last day of September, December, March, and June of
each year, each processor shall file a claim for payment for the
bushels of corn used in a grain processing center during the
preceding 3 calendar months. A processor with more than one
processing center shall file a separate claim for each such
processing center. A processor who files a claim under this Section
shall include a statement of the processor's total corn consumption
and total ethyl alcohol production during the quarter covered by the
claim. A processor shall file a separate claim for any amount
claimed under subsection (b). For each claim and statement of
production filed under this Act, the volumes and amounts claimed must
be examined by an independent certified public accountant in
accordance with standards established by the American Institute of
Certified Public Accountants.
(e) Subject to appropriation, payments under this Section shall
be made October 15, January 15, April 15, and July 15 of each year.
Subject to appropriation, a separate payment shall be made for each
claim filed. The total quarterly payment to a processor under this
Act may not exceed $562,500. If the total amount for which all
processors are eligible in a quarter under subsections (a) and (b)
exceeds $1,125,000, the Director shall make payments, subject to
appropriation, in the order in which the portion of production
capacity covered by each claim went into production. Only those
processors who receive payments for the quarter or received payments
under subsections (a) or (b) in an earlier quarter will be eligible
HOUSE OF REPRESENTATIVES 3443
for corn payments under this Act.
(f) If the total amount for which all processors are eligible in
a quarter under Section 20(b) exceeds the amount available for
payments, subject to appropriation, the Director shall make payments
in the order in which the processing centers covered by the claims
began generating electricity using closed-loop biomass, coal mine
methane gas from abandoned mines, or methane from waste disposal,
including, but not limited to, sanitary landfills, animal manures, or
food processing.
Section 25. Rule making. The Director shall adopt emergency and
permanent rules to implement this Act.
Section 30. Partial invalidity. If any provision of this Act or
the application thereof to any person or circumstance is held
invalid, the remainder of this Act and the application of that
provision to other persons or circumstances shall not be affected
thereby.
Section 35. Expiration. This Act expires December 31, 2005, and
the unobligated balance of each appropriation under this Act on that
date shall revert to the General Revenue Fund.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 736. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 736
AMENDMENT NO. 1. Amend Senate Bill 736, on page 1, immediately
below line 5, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 756. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on Judiciary
II-Criminal Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 756
AMENDMENT NO. 1. Amend Senate Bill 756 on page 1, by replacing
line 1 with the following:
"AN ACT in relation to child protection."; and
on page 5, by inserting between lines 24 and 25 the following:
"Section 11. The Criminal Code of 1961 is amended by adding
Sections 24-9 and 24-9.1 as follows:
(720 ILCS 5/24-9 new)
Sec. 24-9. Firearms; child protection.
(a) Definitions.
(1) "Child" means a person under the age of 14.
3444 JOURNAL OF THE [May 4, 1999]
(2) "Loaded firearm" means a firearm in which (i) there is
an unexpended cartridge or shell, consisting of a case that holds
a charge of powder or a bullet or shot; (ii) there is inserted in
the cylinder or firing chamber a bullet or shot; or (iii) there
is inserted a magazine or clip containing a bullet. A
muzzle-loader firearm shall be deemed loaded when it is capped or
pinned and has a powder charge and a ball or shot in the barrel
or cylinder.
(3) "Locked container" means a secure container that is
fully enclosed and locked by a padlock, key lock, combination
lock, or similar locking device.
(4) "Locking device" means a device attached to a firearm
other than the safety that is intended to substantially inhibit
the discharge of a firearm.
(b) It is unlawful for any person to negligently keep any loaded
firearm within any premises or vehicle that is under his or her
custody or control so that a child who is not supervised is likely to
be able to gain access to the firearm and the child gains access to
the firearm and possesses, uses, or exhibits the firearm either in a
public place or in a negligent, suicidal, threatening, or assaultive
manner. For the purposes of this Section, a child shall be considered
to be supervised only if he or she is in the custody and immediate
control of his or her parent or legal guardian or other person in
loco parentis to the child.
(c) There is a rebuttable presumption that a person did not act
negligently as set forth in subsection (b) if:
(1) The child obtained the firearm as a result of the
illegal entry to the premises, locked container, or vehicle by
any person;
(2) The firearm was kept in a secure location or a locked
container;
(3) The firearm was carried on the person or within such
close proximity to the person that the person could have readily
retrieved and used the firearm as if it had been carried on his
or her person;
(4) The firearm was equipped with a locking device;
(5) The child obtained, or obtained and discharged, the
firearm in a lawful act of self defense or defense of another
person; or
(6) The person who kept the loaded firearm had no
reasonable expectation, based on objective facts and
circumstances, that a child would have been likely to be present
on the premises or in or on the vehicle.
(d) Unlawful storage of a firearm is a Class C misdemeanor for a
first violation and Class A misdemeanor for a second or subsequent
violation.
(720 ILCS 5/24-9.1 new)
Sec. 24-9.1. Sale of firearms and firearm ammunition; required
warnings; penalties.
(a) Upon the retail commercial sale of any firearm or firearm
ammunition by a person holding a license under the federal "Gun
Control Act of 1968", the seller shall deliver a written warning to
the purchaser, which warning shall state, in block letters not less
than one-fourth inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE
BY IMPRISONMENT AND FINE, FOR ANY
PERSON TO STORE OR LEAVE A FIREARM
IN ANY PLACE WITHIN THE REACH
OR EASY ACCESS OF A MINOR UNDER
14 YEARS OF AGE. ADDITIONALLY,
THE NEGLIGENT STORAGE
HOUSE OF REPRESENTATIVES 3445
OR OPERATION OF A FIREARM MAY REQUIRE
THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
MONETARY DAMAGES IN A CIVIL SUIT TO ANY
INDIVIDUAL INJURED AS THE RESULT OF
SUCH NEGLIGENCE."
(b) Any retail or wholesale seller of firearms or firearm
ammunition holding a license under the federal "Gun Control Act of
1968" must conspicuously post at each purchase counter where such
firearms are sold the following warning in block letters not less
than one inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE
BY IMPRISONMENT AND FINE, FOR
ANY PERSON TO STORE OR
LEAVE A FIREARM IN ANY PLACE
WITHIN THE REACH OR EASY ACCESS
OF A MINOR UNDER 14 YEARS OF AGE.
ADDITIONALLY, THE NEGLIGENT
STORAGE OR
OPERATION OF A FIREARM MAY REQUIRE
THE PERSON SO NEGLIGENT TO PAY SUBSTANTIAL
MONETARY DAMAGES IN A CIVIL SUIT TO ANY
INDIVIDUAL INJURED AS THE RESULT OF
SUCH NEGLIGENCE."
(c) Any person or business knowingly violating a requirement to
provide warning under this Section commits a petty offense for which
a fine not exceeding $500 shall be imposed.
(d) The warnings required by this Section are not intended to
serve as the basis for civil liability. Rather, they are intended
only to alert purchasers of firearms of the possible consequences of
the negligent storage or operation of a firearm that may exist under
other statutes or the common law.
(e) Retail commercial sellers of firearms required to provide
warnings under subsections (a) and (b) may comply with the
requirements by designing the form themselves or by providing form
warnings and posters designed and provided by the Department of State
Police.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 812. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Labor &
Commerce, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 812
AMENDMENT NO. 1. Amend Senate Bill 812 on page 2, line 8, by
replacing "site" with "condition".
AMENDMENT NO. 2 TO SENATE BILL 812
AMENDMENT NO. 2. Amend Senate Bill 812 on page 1, line 15, by
inserting after "thereof." the following:
""Governmental entity" does not include the Metropolitan Water
Reclamation District.".
AMENDMENT NO. 3 TO SENATE BILL 812
3446 JOURNAL OF THE [May 4, 1999]
AMENDMENT NO. 3. Amend Senate Bill 812 on page 2, line 13 by
replacing "form" with "from".
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 3 were adopted and the bill, as amended, was
advanced to the order of Third Reading.
SENATE BILL 965. 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:
AMENDMENT NO. 1 TO SENATE BILL 965
AMENDMENT NO. 1. Amend Senate Bill 965 on page 1, by replacing
lines 7 through 30 with the following:
"(20 ILCS 1705/15.4 new)
Sec. 15.4. Authorization for nursing delegation to permit direct
care staff to administer medications.
(a) This Section applies to (i) all programs for persons with a
developmental disability in settings of 16 persons or fewer that are
funded or licensed by the Department of Human Services and that
distribute or administer medications and (ii) all intermediate care
facilities for the developmentally disabled with 16 beds or fewer
that are licensed by the Department of Public Health. The Department
of Human Services shall develop a training program for authorized
direct care staff to administer oral and topical medications under
the direction and monitoring of a registered professional nurse. This
training program shall be developed in consultation with professional
associations representing (i) physicians licensed to practice
medicine in all its branches, (ii) registered professional nurses,
and (iii) pharmacists.
(b) For the purposes of this Section:
"Authorized direct care staff" means non-licensed persons who
have successfully completed a medication administration training
program approved by the Department of Human Services and conducted by
a nurse-trainer. This authorization is specific to an individual
receiving service in a specific agency and does not transfer to
another agency.
"Nurse-trainer training program" means a standardized, competency
based medication administration train-the-trainer program provided by
the Department of Human Services and conducted by a Department of
Human Services master nurse-trainer for the purpose of training
nurse-trainers to train persons employed or under contract to provide
direct care or treatment to individuals receiving services to
administer medications and provide self-administration of medication
training to individuals under the direction and monitoring of the
nurse-trainer. The program incorporates adult learning styles,
teaching strategies, classroom management, and a curriculum overview,
including the ethical and legal aspects of supervising those
administering medications.
"Self-administration of medications" means an individual
administers his or her own medications. To be considered capable to
self-administer their own medication, individuals must, at a minimum,
be able to identify their medication by size, shape, or color, know
when they should take the medication, and know the amount of
medication to be taken each time.
"Training program" means a standardized medication
administration training program approved by the Department of Human
Services and conducted by a registered professional nurse for the
HOUSE OF REPRESENTATIVES 3447
purpose of training persons employed or under contract to provide
direct care or treatment to individuals receiving services to
administer medications and provide self-administration of medication
training to individuals under the delegation and direction of a
nurse-trainer. The program incorporates adult learning styles,
teaching strategies, classroom management, curriculum overview,
including ethical-legal aspects, and standardized competency-based
evaluations on administration of medications and self-administration
of medication training programs.
(c) Training and authorization of non-licensed direct care staff
by nurse-trainers must meet the requirements of this subsection.
(1) Prior to training non-licensed direct care staff to
administer medication, the nurse-trainer shall perform the
following for each individual to whom medication will be
administered by non-licensed direct care staff:
(A) An assessment of the individual's health history
and physical and mental status.
(B) An evaluation of the medications prescribed.
(2) Non-licensed authorized direct care staff shall meet
the following criteria:
(A) Be 18 years of age or older.
(B) Have completed high school or its equivalent
(GED).
(C) Have demonstrated functional literacy.
(D) Have satisfactorily completed the Health and
Safety component of a Department of Human Services
authorized direct care staff training program.
(E) Have successfully completed the training program,
pass the written portion of the comprehensive exam, and
score 100% on the competency-based assessment specific to
the individual and his or her medications.
(F) Have received additional competency-based
assessment by the nurse-trainer as deemed necessary by the
nurse-trainer whenever a change of medication occurs or a
new individual that requires medication administration
enters the program.
(3) Authorized direct care staff shall be re-evaluated by a
nurse-trainer at least annually or more frequently at the
discretion of the registered professional nurse. Any necessary
retraining shall be to the extent that is necessary to ensure
competency of the authorized direct care staff to administer
medication.
(4) Authorization of direct care staff to administer
medication shall be revoked if, in the opinion of the registered
professional nurse, the authorized direct care staff is no longer
competent to administer medication.
(5) The registered professional nurse shall assess an
individual's health status at least annually or more frequently
at the discretion of the registered professional nurse.
(d) Medication self-administration shall meet the following
requirements:
(1) As part of the normalization process, in order for each
individual to attain the highest possible level of independent
functioning, all individuals shall be permitted to participate in
their total health care program. This program shall include, but
not be limited to, individual training in preventive health and
self-medication procedures.
(A) Every program shall adopt written policies and
procedures for assisting individuals in obtaining
preventative health and self-medication skills in
consultation with a registered professional nurse, advanced
3448 JOURNAL OF THE [May 4, 1999]
practice nurse, physician assistant, or physician licensed
to practice medicine in all its branches.
(B) Individuals shall be evaluated to determine their
ability to self-medicate by the nurse-trainer through the
use of the Department's required, standardized screening and
assessment instruments.
(C) When the results of the screening and assessment
indicate an individual not to be capable to self-administer
his or her own medications, programs shall be developed in
consultation with the Community Support Team or
Interdisciplinary Team to provide individuals with
self-medication administration.
(1) Each individual shall be presumed to be competent to
self-administer medications if:
(A) authorized by an order of a physician licensed to
practice medicine in all its branches; and
(B) approved to self-administer medication by the
individual's Community Support Team or Interdisciplinary
Team, which includes a registered professional nurse or an
advanced practice nurse.
(e) Quality Assurance.
(1) A registered professional nurse, advanced practice
nurse, licensed practical nurse, physician licensed to practice
medicine in all its branches, physician assistant, or pharmacist
shall review the following for all individuals:
(A) Medication orders.
(B) Medication labels, including medications listed on
the medication administration record for persons who are not
self-medicating to ensure the labels match the orders issued
by the physician licensed to practice medicine in all its
branches, advanced practice nurse, or physician assistant.
(C) Medication administration records for persons who
are not self-medicating to ensure that the records are
completed appropriately for:
(i) medication administered as prescribed;
(ii) refusal by the individual; and
(iii) full signatures provided for all initials
used.
(2) Reviews shall occur at least quarterly, but may be done
more frequently at the discretion of the registered professional
nurse or advanced practice nurse.
(3) A quality assurance review of medication errors and
data collection for the purpose of monitoring and recommending
corrective action shall be conducted within 7 days and included
in the required annual review.
(f) Programs using authorized direct care staff to administer
medications are responsible for documenting and maintaining records
on the training that is completed.
(g) The absence of this training program constitutes a threat to
the public interest, safety, and welfare and necessitates emergency
rulemaking by the Departments of Human Services and Public Health
under Section 5-45 of the Illinois Administrative Procedure Act.";
and
on page 5, line 8, by replacing "Direct" with "Delegation to
authorized direct".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 989. Having been printed, was taken up and read by
HOUSE OF REPRESENTATIVES 3449
title a second time.
The following amendment was offered in the Committee on
Transportation & Motor Vehicles, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 989
AMENDMENT NO. 1. Amend Senate Bill 989 on page 1, in line 5,
before "as", by inserting "and changing Section 6z-23"; and
on page 1, by inserting below line 7 the following:
"(30 ILCS 105/6z-23) (from Ch. 127, par. 142z-23)
Sec. 6z-23. All monies received by the Secretary of State
pursuant to paragraph (f), of Section 2-119, of the Illinois Vehicle
Code, shall be deposited in the CDLIS/AAMVAnet Trust Fund. The money
in this Fund shall only be used by the Secretary of State to pay for
(1) the enrollment of commercial drivers into the Commercial Driver
License Information System (CDLIS), (2) and for network charges
assessed Illinois by AAMVAnet, Inc., for motor vehicle and driver
records data and information, and (3) equipment to be used for the
testing of applicants for commercial driver's licenses and the
maintenance of that equipment.
(Source: P.A. 86-845; 86-1028.)".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1046. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Executive, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1046
AMENDMENT NO. 1. Amend Senate Bill 1046 on page 1, in line 20,
by changing "a permit" to "an initial permit; and
on page 2, in line 9, by changing "a permit" to "an initial permit.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 1054. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1054
AMENDMENT NO. 1. Amend Senate Bill 1054 as follows:
on page 3, line 4, by replacing "7" with "10 7"; and
on page 3, line 5, by replacing "7" with "10 7"; and
on page 3, by replacing line 14 with the following: "requirements in
the area or areas for which he or she holds a Master Certificate for
the 10-year term of the teacher's Master"; and
on page 3, by replacing lines 30 through 33 with the following:
"(1) A one-time payment of $3,000 to be paid to each
teacher who successfully completes the program leading to and who
receives a Master Certificate and is employed by a school
district. The school district shall distribute this payment to
3450 JOURNAL OF THE [May 4, 1999]
each eligible teacher"; and
on page 4, by replacing line 1 with the following:
"as a single payment or in not more"; and
on page 4, by replacing lines 3 through 14 with the following:
"(2) An annual incentive equal to $1,000 shall be paid to
each teacher who holds a Master Certificate, who is employed by a
school district, and who agrees, in writing, to provide 60 hours
of mentoring during that year to classroom teachers. This
mentoring may include, either singly or in combination, (i)
providing high quality professional development for new and
experienced teachers, (ii) developing awareness of the standards
of the National Board for Professional Teaching Standards
(NBPTS), and (iii) assisting NBPTS candidates through the NBPTS
certification process. The school district shall distribute 50%
of each annual incentive payment upon completion of 30 hours of
the required mentoring and the remaining 50% of the incentive
upon completion of the required 60 hours of mentoring. Credit
may not be granted by a school district for mentoring or related
services provided on a regular school day or during the total
number of days of required service for the school year.
(3) An annual incentive equal to $3,000 shall be paid to
each teacher who holds a Master Certificate, who is employed by a
school district, and who agrees, in writing, to provide 60 hours
of mentoring during that year to classroom teachers in schools on
the Academic Early Warning List or in schools with a low-income
pupil concentration level of 50% or greater, or both. For
purposes of this subdivision (3), the term "low-income pupil
concentration level" shall be the low income eligible pupil count
from the most recently available federal census. The school
district shall distribute 50% of each annual incentive payment
upon completion of 30 hours of the required mentoring and the
remaining 50% of the incentive upon completion of the required 60
hours of mentoring. Credit may not be granted by a school
district for mentoring or related services provided on a regular
school day or during the total number of days of required service
for the school year.
Each regional superintendent of schools shall provide information
about the Master Certificate Program of the National Board for
Professional Teaching Standards (NBPTS) and this amendatory Act of
the 91st General Assembly to each individual seeking to register or
renew a certificate under Section 21-14 of this Code.
Section 99. Effective date. This Act takes effect upon becoming
law.".
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was held on the order of Second
Reading.
SENATE BILL 1118. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Revenue, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1118
AMENDMENT NO. 1. Amend Senate Bill 1118 on page 46, by replacing
line 6 with the following:
"Sections 3-30, 9, and 10 as follows:
(35 ILCS 105/3-30) (from Ch. 120, par. 439.3-30)
Sec. 3-30. Graphic arts production. For the purposes of this
HOUSE OF REPRESENTATIVES 3451
Act, "graphic arts production" means printing, including ink jet
printing, by one or more of the common processes described in Groups
323110 through 323122 of Subsector 323, Groups 511110 through 511199
of Subsector 511, and Group 512230 of Subsector 512 of the North
American Industry Classification System published by the U.S. Office
of Management and Budget, 1997 edition or graphic arts production
services as those processes and services are defined in Major Group
27 of the U. S. Standard Industrial Classification Manual. Graphic
arts production does not include (i) the transfer of images onto
paper or other tangible personal property by means of photocopying or
(ii) final printed products in electronic or audio form, including
the production of software or audio-books.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928; 86-953;
86-1394; 86-1475.)"; and
on page 67, line 10, by replacing "3-10" with "3-10, 3-30,"; and
on page 69, below line 9, by inserting the following:
"(35 ILCS 110/3-30) (from Ch. 120, par. 439.33-30)
Sec. 3-30. Graphic arts production. For the purposes of this
Act, "graphic arts production" means printing, including ink jet
printing, by one or more of the common processes described in Groups
323110 through 323122 of Subsector 323, Groups 511110 through 511199
of Subsector 511, and Group 512230 of Subsector 512 of the North
American Industry Classification System published by the U.S. Office
of Management and Budget, 1997 edition or graphic arts production
services as those processes and services are defined in the Major
Group 27 of the U.S. Standard Industrial Classification Manual.
Graphic arts production does not include (i) the transfer of images
onto paper or other tangible personal property by means of
photocopying or (ii) final printed products in electronic or audio
form, including the production of software or audio-books.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928; 86-1028;
86-1475.)"; and
on page 78, line 28, by replacing "3-10" with "3-10, 3-30,"; and
on page 80, below line 31, by inserting the following:
"(35 ILCS 115/3-30) (from Ch. 120, par. 439.103-30)
Sec. 3-30. Graphic arts production. For purposes of this Act,
"graphic arts production" means printing, including ink jet printing,
by one or more of the common processes described in Groups 323110
through 323122 of Subsector 323, Groups 511110 through 511199 of
Subsector 511, and Group 512230 of Subsector 512 of the North
American Industry Classification System published by the U.S. Office
of Management and Budget, 1997 edition or graphic arts production
services as those processes and services are defined in Major Group
27 of the U.S. Standard Industrial Classification Manual. Graphic
arts production does not include (i) the transfer of images onto
paper or other tangible personal property by means of photocopying or
(ii) final printed products in electronic or audio form, including
the production of software or audio-books.
(Source: P.A. 86-44; 86-244; 86-252; 86-820; 86-905; 86-928; 86-1028;
86-1475.)"; and
on page 92, line 14, by replacing "Section" with "Sections 2-30 and";
and
on page 92, below line 14, by inserting the following:
"(35 ILCS 120/2-30) (from Ch. 120, par. 441-30)
Sec. 2-30. Graphic arts production. For purposes of this Act,
"graphic arts production" means printing, including ink jet printing,
by one or more of the common processes described in Groups 323110
through 323122 of Subsector 323, Groups 511110 through 511199 of
Subsector 511, and Group 512230 of Subsector 512 of the North
American Industry Classification System published by the U.S. Office
of Management and Budget, 1997 edition or graphic arts production
3452 JOURNAL OF THE [May 4, 1999]
services as those processes and services are defined in Major Group
27 of the U.S. Standard Industrial Classification Manual. Graphic
arts production does not include (i) the transfer of images onto
paper or other tangible personal property by means of photocopying or
(ii) final printed products in electronic or audio form, including
the production of software or audio-books.
(Source: P.A. 86-44; 86-244; 86-252; 86-444; 86-820; 86-905; 86-928;
86-953; 86-1394; 86-1475.)".
AMENDMENT NO. 2 TO SENATE BILL 1118
AMENDMENT NO. 2. Amend Senate Bill 1118 on page 36, line 22, by
replacing "$50,000" with "$200,000"; and
on page 36, line 26, by replacing "$12,500" with "$50,000"; and
on page 48, line 16, by replacing "$50,000" with "$200,000"; and
on page 49, line 23 by replacing "$25,000" with "$20,000"; and
on page 51, line 16, by replacing "$24,000" with "$19,000"; and
on page 51, line 19, by replacing "$25,000" with "$20,000"; and
on page 51, line 23, by replacing "$25,000" with "$20,000"; and
on page 71, line 2, by replacing "$50,000" with "$200,000"; and
on page 83, line 32, by replacing "$50,000" with "$200,000"; and
on page 95, line 1, by replacing "$50,000" with "$200,000"; and
on page 101, line 31, by replacing "$25,000" with "$20,000"; and
on page 103, line 22, by replacing "$25,000" with "$20,000"; and
on page 103, line 27, by replacing "$24,000" with "$19,000"; and
on page 103, line 30, by replacing "$25,000" with "$20,000"; and
on page 103, line 34, by replacing "$25,000" with "$20,000".
AMENDMENT NO. 3 TO SENATE BILL 1118
AMENDMENT NO. 3. Amend Senate Bill 1118 on page 1, line 5, after
"207," by inserting "304,"; and
on page 27, below line 10, by inserting the following:
"(35 ILCS 5/304) (from Ch. 120, par. 3-304)
Sec. 304. Business income of persons other than residents.
(a) In general. The business income of a person other than a
resident shall be allocated to this State if such person's business
income is derived solely from this State. If a person other than a
resident derives business income from this State and one or more
other states, then, for tax years ending on or before December 30,
1998, and except as otherwise provided by this Section, such person's
business income shall be apportioned to this State by multiplying the
income by a fraction, the numerator of which is the sum of the
property factor (if any), the payroll factor (if any) and 200% of the
sales factor (if any), and the denominator of which is 4 reduced by
the number of factors other than the sales factor which have a
denominator of zero and by an additional 2 if the sales factor has a
denominator of zero. For tax years ending on or after December 31,
1998, and except as otherwise provided by this Section, persons other
than residents who derive business income from this State and one or
more other states shall compute their apportionment factor by
weighting their property, payroll, and sales factors as provided in
subsection (h) of this Section.
(1) Property factor.
(A) The property factor is a fraction, the numerator of
which is the average value of the person's real and tangible
personal property owned or rented and used in the trade or
business in this State during the taxable year and the
denominator of which is the average value of all the person's
real and tangible personal property owned or rented and used in
the trade or business during the taxable year.
HOUSE OF REPRESENTATIVES 3453
(B) Property owned by the person is valued at its original
cost. Property rented by the person is valued at 8 times the net
annual rental rate. Net annual rental rate is the annual rental
rate paid by the person less any annual rental rate received by
the person from sub-rentals.
(C) The average value of property shall be determined by
averaging the values at the beginning and ending of the taxable
year but the Director may require the averaging of monthly values
during the taxable year if reasonably required to reflect
properly the average value of the person's property.
(2) Payroll factor.
(A) The payroll factor is a fraction, the numerator of
which is the total amount paid in this State during the taxable
year by the person for compensation, and the denominator of which
is the total compensation paid everywhere during the taxable
year.
(B) Compensation is paid in this State if:
(i) The individual's service is performed entirely
within this State;
(ii) The individual's service is performed both within
and without this State, but the service performed without
this State is incidental to the individual's service
performed within this State; or
(iii) Some of the service is performed within this
State and either the base of operations, or if there is no
base of operations, the place from which the service is
directed or controlled is within this State, or the base of
operations or the place from which the service is directed
or controlled is not in any state in which some part of the
service is performed, but the individual's residence is in
this State.
Beginning with taxable years ending on or after December 31,
1992, for residents of states that impose a comparable tax
liability on residents of this State, for purposes of item (i) of
this paragraph (B), in the case of persons who perform personal
services under personal service contracts for sports
performances, services by that person at a sporting event taking
place in Illinois shall be deemed to be a performance entirely
within this State.
(3) Sales factor.
(A) The sales factor is a fraction, the numerator of which
is the total sales of the person in this State during the taxable
year, and the denominator of which is the total sales of the
person everywhere during the taxable year.
(B) Sales of tangible personal property are in this State
if:
(i) The property is delivered or shipped to a
purchaser, other than the United States government, within
this State regardless of the f. o. b. point or other
conditions of the sale; or
(ii) The property is shipped from an office, store,
warehouse, factory or other place of storage in this State
and either the purchaser is the United States government or
the person is not taxable in the state of the purchaser;
provided, however, that premises owned or leased by a person
who has independently contracted with the seller for the
printing of newspapers, periodicals or books shall not be
deemed to be an office, store, warehouse, factory or other
place of storage for purposes of this Section. Sales of
tangible personal property are not in this State if the
seller and purchaser would be members of the same unitary
3454 JOURNAL OF THE [May 4, 1999]
business group but for the fact that either the seller or
purchaser is a person with 80% or more of total business
activity outside of the United States and the property is
purchased for resale.
(B-1) Patents, copyrights, trademarks, and similar items of
intangible personal property.
(i) Gross receipts from the licensing, sale, or other
disposition of a patent, copyright, trademark, or similar
item of intangible personal property are in this State to
the extent the item is utilized in this State during the
year the gross receipts are included in gross income.
(ii) Place of utilization.
(I) A patent is utilized in a state to the extent
that it is employed in production, fabrication,
manufacturing, or other processing in the state or to
the extent that a patented product is produced in the
state. If a patent is utilized in more than one state,
the extent to which it is utilized in any one state
shall be a fraction equal to the gross receipts of the
licensee or purchaser from sales or leases of items
produced, fabricated, manufactured, or processed within
that state using the patent and of patented items
produced within that state, divided by the total of
such gross receipts for all states in which the patent
is utilized.
(II) A copyright is utilized in a state to the
extent that printing or other publication originates in
the state. If a copyright is utilized in more than one
state, the extent to which it is utilized in any one
state shall be a fraction equal to the gross receipts
from sales or licenses of materials printed or
published in that state divided by the total of such
gross receipts for all states in which the copyright is
utilized.
(III) Trademarks and other items of intangible
personal property governed by this paragraph (B-1) are
utilized in the state in which the commercial domicile
of the licensee or purchaser is located.
(iii) If the state of utilization of an item of
property governed by this paragraph (B-1) cannot be
determined from the taxpayer's books and records or from the
books and records of any person related to the taxpayer
within the meaning of Section 267(b) of the Internal Revenue
Code, 26 U.S.C. 267, the gross receipts attributable to that
item shall be excluded from both the numerator and the
denominator of the sales factor.
(B-2) Gross receipts from the license, sale, or other
disposition of patents, copyrights, trademarks, and similar items
of intangible personal property may be included in the numerator
or denominator of the sales factor only if gross receipts from
licenses, sales, or other disposition of such items comprise more
than 50% of the taxpayer's total gross receipts included in gross
income during the tax year and during each of the 2 immediately
preceding tax years; provided that, when a taxpayer is a member
of a unitary business group, such determination shall be made on
the basis of the gross receipts of the entire unitary business
group.
(C) Sales, other than sales governed by paragraphs (B) and
(B-1) of tangible personal property, are in this State if:
(i) The income-producing activity is performed in this
State; or
HOUSE OF REPRESENTATIVES 3455
(ii) The income-producing activity is performed both
within and without this State and a greater proportion of
the income-producing activity is performed within this State
than without this State, based on performance costs.
(D) For taxable years ending on or after December 31, 1995,
the following items of income shall not be included in the
numerator or denominator of the sales factor: dividends; amounts
included under Section 78 of the Internal Revenue Code; and
Subpart F income as defined in Section 952 of the Internal
Revenue Code. No inference shall be drawn from the enactment of
this paragraph (D) in construing this Section for taxable years
ending before December 31, 1995.
(E) Paragraphs (B-1) and (B-2) shall apply to tax years
ending on or after December 31, 1999, provided that a taxpayer
may elect to apply the provisions of these paragraphs to prior
tax years. Such election shall be made in the form and manner
prescribed by the Department, shall be irrevocable, and shall
apply to all tax years; provided that, if a taxpayer's Illinois
income tax liability for any tax year, as assessed under Section
903 prior to January 1, 1999, was computed in a manner contrary
to the provisions of paragraphs (B-1) or (B-2), no refund shall
be payable to the taxpayer for that tax year to the extent such
refund is the result of applying the provisions of paragraph
(B-1) or (B-2) retroactively. In the case of a unitary business
group, such election shall apply to all members of such group for
every tax year such group is in existence, but shall not apply to
any taxpayer for any period during which that taxpayer is not a
member of such group.
(b) Insurance companies.
(1) In general. Except as otherwise provided by paragraph
(2), business income of an insurance company for a taxable year
shall be apportioned to this State by multiplying such income by
a fraction, the numerator of which is the direct premiums written
for insurance upon property or risk in this State, and the
denominator of which is the direct premiums written for insurance
upon property or risk everywhere. For purposes of this
subsection, the term "direct premiums written" means the total
amount of direct premiums written, assessments and annuity
considerations as reported for the taxable year on the annual
statement filed by the company with the Illinois Director of
Insurance in the form approved by the National Convention of
Insurance Commissioners or such other form as may be prescribed
in lieu thereof.
(2) Reinsurance. If the principal source of premiums
written by an insurance company consists of premiums for
reinsurance accepted by it, the business income of such company
shall be apportioned to this State by multiplying such income by
a fraction, the numerator of which is the sum of (i) direct
premiums written for insurance upon property or risk in this
State, plus (ii) premiums written for reinsurance accepted in
respect of property or risk in this State, and the denominator of
which is the sum of (iii) direct premiums written for insurance
upon property or risk everywhere, plus (iv) premiums written for
reinsurance accepted in respect of property or risk everywhere.
For purposes of this paragraph, premiums written for reinsurance
accepted in respect of property or risk in this State, whether or
not otherwise determinable, may, at the election of the company,
be determined on the basis of the proportion which premiums
written for reinsurance accepted from companies commercially
domiciled in Illinois bears to premiums written for reinsurance
accepted from all sources, or, alternatively, in the proportion
3456 JOURNAL OF THE [May 4, 1999]
which the sum of the direct premiums written for insurance upon
property or risk in this State by each ceding company from which
reinsurance is accepted bears to the sum of the total direct
premiums written by each such ceding company for the taxable
year.
(c) Financial organizations.
(1) In general. Business income of a financial organization
shall be apportioned to this State by multiplying such income by
a fraction, the numerator of which is its business income from
sources within this State, and the denominator of which is its
business income from all sources. For the purposes of this
subsection, the business income of a financial organization from
sources within this State is the sum of the amounts referred to
in subparagraphs (A) through (E) following, but excluding the
adjusted income of an international banking facility as
determined in paragraph (2):
(A) Fees, commissions or other compensation for
financial services rendered within this State;
(B) Gross profits from trading in stocks, bonds or
other securities managed within this State;
(C) Dividends, and interest from Illinois customers,
which are received within this State;
(D) Interest charged to customers at places of
business maintained within this State for carrying debit
balances of margin accounts, without deduction of any costs
incurred in carrying such accounts; and
(E) Any other gross income resulting from the
operation as a financial organization within this State. In
computing the amounts referred to in paragraphs (A) through
(E) of this subsection, any amount received by a member of
an affiliated group (determined under Section 1504(a) of the
Internal Revenue Code but without reference to whether any
such corporation is an "includible corporation" under
Section 1504(b) of the Internal Revenue Code) from another
member of such group shall be included only to the extent
such amount exceeds expenses of the recipient directly
related thereto.
(2) International Banking Facility.
(A) Adjusted Income. The adjusted income of an
international banking facility is its income reduced by the
amount of the floor amount.
(B) Floor Amount. The floor amount shall be the
amount, if any, determined by multiplying the income of the
international banking facility by a fraction, not greater
than one, which is determined as follows:
(i) The numerator shall be:
The average aggregate, determined on a quarterly
basis, of the financial organization's loans to banks
in foreign countries, to foreign domiciled borrowers
(except where secured primarily by real estate) and to
foreign governments and other foreign official
institutions, as reported for its branches, agencies
and offices within the state on its "Consolidated
Report of Condition", Schedule A, Lines 2.c., 5.b., and
7.a., which was filed with the Federal Deposit
Insurance Corporation and other regulatory authorities,
for the year 1980, minus
The average aggregate, determined on a quarterly
basis, of such loans (other than loans of an
international banking facility), as reported by the
financial institution for its branches, agencies and
HOUSE OF REPRESENTATIVES 3457
offices within the state, on the corresponding Schedule
and lines of the Consolidated Report of Condition for
the current taxable year, provided, however, that in no
case shall the amount determined in this clause (the
subtrahend) exceed the amount determined in the
preceding clause (the minuend); and
(ii) the denominator shall be the average
aggregate, determined on a quarterly basis, of the
international banking facility's loans to banks in
foreign countries, to foreign domiciled borrowers
(except where secured primarily by real estate) and to
foreign governments and other foreign official
institutions, which were recorded in its financial
accounts for the current taxable year.
(C) Change to Consolidated Report of Condition and in
Qualification. In the event the Consolidated Report of
Condition which is filed with the Federal Deposit Insurance
Corporation and other regulatory authorities is altered so
that the information required for determining the floor
amount is not found on Schedule A, lines 2.c., 5.b. and
7.a., the financial institution shall notify the Department
and the Department may, by regulations or otherwise,
prescribe or authorize the use of an alternative source for
such information. The financial institution shall also
notify the Department should its international banking
facility fail to qualify as such, in whole or in part, or
should there be any amendment or change to the Consolidated
Report of Condition, as originally filed, to the extent such
amendment or change alters the information used in
determining the floor amount.
(d) Transportation services. Business income derived from
furnishing transportation services shall be apportioned to this State
in accordance with paragraphs (1) and (2):
(1) Such business income (other than that derived from
transportation by pipeline) shall be apportioned to this State by
multiplying such income by a fraction, the numerator of which is
the revenue miles of the person in this State, and the
denominator of which is the revenue miles of the person
everywhere. For purposes of this paragraph, a revenue mile is the
transportation of 1 passenger or 1 net ton of freight the
distance of 1 mile for a consideration. Where a person is engaged
in the transportation of both passengers and freight, the
fraction above referred to shall be determined by means of an
average of the passenger revenue mile fraction and the freight
revenue mile fraction, weighted to reflect the person's
(A) relative railway operating income from total
passenger and total freight service, as reported to the
Interstate Commerce Commission, in the case of
transportation by railroad, and
(B) relative gross receipts from passenger and freight
transportation, in case of transportation other than by
railroad.
(2) Such business income derived from transportation by
pipeline shall be apportioned to this State by multiplying such
income by a fraction, the numerator of which is the revenue miles
of the person in this State, and the denominator of which is the
revenue miles of the person everywhere. For the purposes of this
paragraph, a revenue mile is the transportation by pipeline of 1
barrel of oil, 1,000 cubic feet of gas, or of any specified
quantity of any other substance, the distance of 1 mile for a
consideration.
3458 JOURNAL OF THE [May 4, 1999]
(e) Combined apportionment. Where 2 or more persons are engaged
in a unitary business as described in subsection (a)(27) of Section
1501, a part of which is conducted in this State by one or more
members of the group, the business income attributable to this State
by any such member or members shall be apportioned by means of the
combined apportionment method.
(f) Alternative allocation. If the allocation and apportionment
provisions of subsections (a) through (e) and of subsection (h) do
not fairly represent the extent of a person's business activity in
this State, the person may petition for, or the Director may require,
in respect of all or any part of the person's business activity, if
reasonable:
(1) Separate accounting;
(2) The exclusion of any one or more factors;
(3) The inclusion of one or more additional factors which
will fairly represent the person's business activities in this
State; or
(4) The employment of any other method to effectuate an
equitable allocation and apportionment of the person's business
income.
(g) Cross reference. For allocation of business income by
residents, see Section 301(a).
(h) For tax years ending on or after December 31, 1998, the
apportionment factor of persons who apportion their business income
to this State under subsection (a) shall be equal to:
(1) for tax years ending on or after December 31, 1998 and
before December 31, 1999, 16 2/3% of the property factor plus 16
2/3% of the payroll factor plus 66 2/3% of the sales factor;
(2) for tax years ending on or after December 31, 1999 and
before December 31, 2000, 8 1/3% of the property factor plus 8
1/3% of the payroll factor plus 83 1/3% of the sales factor;
(3) for tax years ending on or after December 31, 2000, the
sales factor.
If, in any tax year ending on or after December 31, 1998 and before
December 31, 2000, the denominator of the payroll, property, or sales
factor is zero, the apportionment factor computed in paragraph (1) or
(2) of this subsection for that year shall be divided by an amount
equal to 100% minus the percentage weight given to each factor whose
denominator is equal to zero.
(Source: P.A. 89-379, eff. 1-1-96; 89-399, eff. 8-20-95; 89-626, eff.
8-9-96; 90-562, eff. 12-16-97; 90-613, eff. 7-9-98.)".
AMENDMENT NO. 4 TO SENATE BILL 1118
AMENDMENT NO. 4. Amend Senate Bill 1118 on page 4, by replacing
line 25 with the following:
"ending on or after the effective date of this amendatory
Act of the 91st General Assembly, Sections"; and
on page 10, by replacing line 5 with the following:
"ending on or after the effective date of this amendatory
Act of the 91st General Assembly, Sections"; and
on page 17, by replacing line 14 with the following:
"ending on or after the effective date of this amendatory
Act of the 91st General Assembly, Sections"; and
on page 20, by replacing line 12 with the following:
"ending on or after the effective date of this amendatory
Act of the 91st General Assembly, Sections".
There being no further amendments, the foregoing Amendments
numbered 1, 2, 3 and 4 were adopted and the bill, as amended, was
advanced to the order of Third Reading.
HOUSE OF REPRESENTATIVES 3459
At the hour of 4:26 o'clock p.m., Representative Lang moved that
the House do now adjourn until Wednesday, May 5, 1999, at 11:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
3460 JOURNAL OF THE [May 4, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 04, 1999
0 YEAS 0 NAYS 116 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH E RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE P SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS E TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P PANKAU P WIRSING
P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3461
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 178
JURY-PARENT EXEMPTION
THIRD READING
PASSED
MAY 04, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO A MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3462 JOURNAL OF THE [May 4, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1172
AMEND COUNTIES CODE
THIRD READING
PASSED
MAY 04, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3463
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 447
BNK ACT-CONFIDENTIALITY
THIRD READING
PASSED
MAY 04, 1999
112 YEAS 0 NAYS 3 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI P FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE P SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ P MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3464 JOURNAL OF THE [May 4, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 167
DHS-PROPERTY-TINLEY PARK
THIRD READING
PASSED
MAY 04, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3465
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 145
WATER REVOLVING FUND-REENACTS
THIRD READING
PASSED
MAY 04, 1999
114 YEAS 0 NAYS 1 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK P GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3466 JOURNAL OF THE [May 4, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 759
JUV CT-ADULT PROSECUTION
THIRD READING
PASSED
MAY 04, 1999
95 YEAS 12 NAYS 7 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST A GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY P HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG N McKEON P SHARP
Y BROSNAHAN N HARRIS Y MEYER P SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYP SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK N MORROW Y STEPHENS
Y COWLISHAW N HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN N MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
N CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS N JONES,LOU Y O'CONNOR Y WINKEL
Y DART N JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
P DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE N YOUNGE
N ERWIN Y LANG N PUGH Y ZICKUS
P FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
P FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3467
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 39
MUNI CD-TIF BOND RETIREMENT
THIRD READING
PASSED
MAY 04, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST A GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
3468 JOURNAL OF THE [May 4, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 72
IL FAMILY FARM SUPPORT ACT
THIRD READING
PASSED
MAY 04, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 3469
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 435
REAL ESTATE TIMESHARE ACT-TECH
THIRD READING
PASSED
MAY 04, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH E RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG
Y BOST A GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS E TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
A DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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