HOUSE OF REPRESENTATIVES 3759
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
48TH LEGISLATIVE DAY
Tuesday, MAY 11, 1999
12:00 O'CLOCK NOON
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Reverend Rob Roy with the Park United Methodist Church
in Bloomington, Illinois.
Representative Hassert led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Steve Davis, Giles and
Morrow were excused from attendance.
REQUEST TO BE SHOWN ON QUORUM
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Mulligan, should
be recorded as present.
Having been absent when the Quorum Roll Call for Attendance was
taken, this is to advise you that I, Representative Ronen, should be
recorded as present.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Mautino replaced Representative Fritchey, and
Representative Moffitt replaced Representative Lindner in the
Committee on Appropriations - General Services & Government Oversight
on May 5, 1999.
Representative Bost replaced Representative Poe in the Committee
on Appropriations - Higher Education on May 6, 1999.
Representative Fowler replaced Representative Feigenholtz in the
Committee on State Government Administration on May 6, 1999.
3760 JOURNAL OF THE [May 11, 1999]
Representative Leitch replaced Representative O'Connor in the
Committee on Urban Revitalization on May 6, 1999.
Representative Lopez replaced Representative Art Turner in the
Committee on Rules on May 6, 1999.
Representative Stephens replaced Representative Winters, and
Representative Eileen Lyons replaced Representative Bellock in the
Committee on Human Services on May 6, 1999.
Representative Lawfer replaced Representative John Jones,
Representative Shirley Jones replaced Representative Scully, and
Representative Erwin replaced Representative Garrett in the Committee
on Elementary & Secondary Education on May 6, 1999.
Representative Lopez replaced Representative Art Turner in the
Committee on Rules on May 7, 1999.
REPORT FROM THE COMMITTEE ON RULES
Representative Currie, Chairperson, from the Committee on Rules
to which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to SENATE BILL 79.
Amendment No. 1 to SENATE BILL 272.
Amendment No. 2 to SENATE BILL 287.
Amendment No. 1 to SENATE BILL 384.
Amendment No. 1 to SENATE BILL 385.
Amendment No. 1 to SENATE BILL 496.
Amendment No. 2 to SENATE BILL 648.
Amendment No. 2 to SENATE BILL 658.
Amendments numbered 2 and 3 to SENATE BILL 680.
Amendment No. 2 to SENATE BILL 725.
Amendment No. 1 to SENATE BILL 749.
Amendment numbered 1 and 2 to SENATE BILL 786.
Amendment No. 2 to SENATE BILL 800.
Amendment No. 4 to SENATE BILL 849.
Amendment No. 1 to SENATE BILL 1014.
Amendment No. 1 to SENATE BILL 1029.
Amendment No. 2 to SENATE BILL 1030.
Amendment No. 6 to SENATE BILL 1032.
Amendment No. 2 to SENATE BILL 1112.
Amendment No. 1 to SENATE BILL 1148.
Amendment No. 1 to HOUSE JOINT RESOLUTION 10.
The committee roll call vote on the forgoing Legislative Measures
is as follows:
3, Yeas; 2, Nays; 0, Answering Present.
Y Currie, Chair Y Hannig
N Churchill N Ryder
Y Turner, Art
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Elections & Campaign Reform: House Amendment 1 to
SENATE BILL 933.
Committee on Elementary & Secondary Education: House Amendment 1
HOUSE OF REPRESENTATIVES 3761
to SENATE BILL 840.
Committee on Executive: House Amendment 2 to SENATE BILL 26 and
House Amendment 2 to SENATE BILL 1010.
Committee on Judiciary I-Civil Law: House Amendment 3 to SENATE
BILL 19 and House Amendment 3 to SENATE BILL 460.
Committee on Urban Revitilization: House Amendment 2 to SENATE
BILL 53.
CHANGE OF DEBATE STATUS
Pursuant to House Rule 52(c), Speaker Madigan changed the Debate
Status for SENATE BILL 423 from Short Debate to Standard Debate.
JOINT ACTION MOTIONS SUBMITTED
Representative Mitchell submitted the following written motion,
which was referred to the Committee on Rules:
MOTION
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2308.
Representative Curry submitted the following written motion,
which was referred to the Committee on Rules:
MOTION
I move to concur with Senate Amendment No. 1 to HOUSE BILL 329.
Representative Winters submitted the following written motion,
which was referred to the Committee on Rules:
MOTION
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2605.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for SENATE BILLS 26, as amended
and 496, as amended.
FISCAL NOTE WITHDRAWN
Representative Brunsvold withdrew his request for a Fiscal Note
on SENATE BILL 1032, as amended.
REQUEST FOR HOME RULE NOTE
Representative Hamos requested that a Home Rule Note be supplied
for SENATE BILL 203, as amended.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for SENATE BILLS 203,
as amended and 496.
STATE MANDATE ACT NOTE SUPPLIED
A State Mandate Act Note has been supplied for SENATE BILL 496.
3762 JOURNAL OF THE [May 11, 1999]
JUDICIAL NOTES SUPPLIED
Judicial Notes have been supplied for SENATE BILLS 656 and 890,
as amended.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 842
A bill for AN ACT to amend the Property Tax Code by changing
Section 15-105.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 842.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 842, on page 1, by replacing
lines 8 through 22 with the following:
"Sec. 15-105. Park and conservation districts. (a) All property
within a park or conservation district with 2,000,000 or more
inhabitants and owned by that district is exempt, as is all property
located outside the district but owned by it and used as a nursery,
garden, or farm for the growing of shrubs, trees, flowers and plants
for use in beautifying, maintaining and operating playgrounds, parks,
parkways, public grounds, and buildings owned or controlled by the
district.
(b) Also exempt is All property belonging to any park or
conservation district with less than 2,000,000 inhabitants is exempt.
, and All property leased to such a park district for $1 or less per
year and used exclusively as open space for recreational purposes,
not exceeding 50 20 acres in the aggregate for each district is
exempt.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 842 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE OF REPRESENTATIVES 3763
HOUSE BILL 916
A bill for AN ACT concerning cooperative agreements for
floodwater management in unincorporated areas of a county.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 916.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 916, on page 1 by replacing
lines 8 through 11 with the following:
"Sec. 3.8. Floodwater management. In counties having 3,000,000
or more inhabitants, a municipality may enter into intergovernmental
agreements with a township for floodwater management in the
unincorporated areas of the county."
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 916 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 928
A bill for AN ACT to amend the Property Tax Code by changing
Sections 5-5, 12-50, 16-95, 16-125, and 16-160.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 928.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 928 on page 4, by replacing
lines 2 through 4 with the following:
"commissioner of a board of review. Whenever it may be necessary for
purposes of determining its jurisdiction, the board of review shall
be deemed to succeed to the powers and duties of the former board of
appeals; provided that the board of review shall also have all of the
powers and duties granted to it under this Code. All".
3764 JOURNAL OF THE [May 11, 1999]
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 928 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 943
A bill for AN ACT to amend the Home Equity Assurance Act by
changing Section 11.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 943.
Passed the Senate, as amended, May 11, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 943 on page 2, by replacing
lines 31 through 34 with the following:
"A governing commission, with no less than $4,000,000 in its
guarantee fund, may, if authorized by referendum duly adopted by a
majority of the voters, establish a Low Interest Home Improvement
Loan Program in accordance with and subject to procedures established
by a financial institution, as defined in the Illinois Banking Act.
Whenever the question of creating a Low Interest Home Improvement
Loan Program is initiated by resolution or ordinance of the corporate
authorities of the municipality or by a petition signed by not less
than 10% of the total number of registered voters of each precinct in
the territory, the registered voters of which are eligible to sign
the petition, it shall be the duty of the election authority having
jurisdiction over the municipality to submit the question of creating
the program to the electors of each precinct within the territory at
the regular election specified in the resolution, ordinance, or
petition initiating the question. A petition initiating a question
described in this subsection shall be filed with the election
authority having jurisdiction over the municipality. The petition
shall be filed and objections to the petition shall be made in the
manner provided in the Election Code. A resolution, ordinance, or
petition initiating a question described in this subsection shall
specify the election at which the question is to be submitted. The
referendum on the question shall be held in accordance with the
Election Code. The question shall be in substantially the following
form:
"Shall the (name of the home equity program) implement a Low
Interest Home Improvement Loan Program with money from the
guarantee fund of the established guaranteed home equity
program?"
The votes must be recorded as "Yes" or "No".
Whenever a majority of the voters on the public question approve
the creation of the program as certified by the proper election
HOUSE OF REPRESENTATIVES 3765
authorities, the commission shall establish the program and
administer the program with funds collected under the Guaranteed Home
Equity Program, subject to the following conditions:
(1) At any given time, the cumulative total of all loans and
loan guarantees (if applicable) issued under this program may not
reduce the balance of the guarantee fund to less than
$3,000,000."; and
on page 3, by deleting lines 1 through 7; and
on page 3, by replacing lines 18 through 21 with the following:
"the amount of equity value in his or her residence.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 943 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 841
A bill for AN ACT to amend the Park District Code by changing
Section 6-4.
HOUSE BILL NO. 843
A bill for AN ACT to amend the Park District Code by changing
Section 5-1.
HOUSE BILL NO. 854
A bill for AN ACT to amend the Criminal Identification Act by
changing Section 5.
HOUSE BILL NO. 860
A bill for AN ACT concerning local government, amending named
Acts.
HOUSE BILL NO. 873
A bill for AN ACT to amend the Illinois Controlled Substances Act
by changing Section 407.1.
HOUSE BILL NO. 895
A bill for AN ACT to amend the Intergovernmental Cooperation Act
by changing Sections 3, 5, and 9.
HOUSE BILL NO. 901
A bill for AN ACT to amend the Illinois Municipal Code by
changing Sections 11-1-5.1 and 11-7-3.
HOUSE BILL NO. 941
A bill for AN ACT to create the Cigarette Sales Act.
HOUSE BILL NO. 1097
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 11-6.
HOUSE BILL NO. 1099
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 17-23.
3766 JOURNAL OF THE [May 11, 1999]
HOUSE BILL NO. 1100
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-20.1 and 11-20.1A.
Passed by the Senate, May 11, 1999.
Jim Harry, Secretary of the Senate
REPORTS FROM STANDING COMMITTEES
Representative Novak, Chairperson, from the Committee on Electric
Utility Deregulation to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be
adopted"--Short Debate:
Amendment No. 2 to SENATE BILL 946.
The committee roll call vote on Amendment No. 2 to SENATE BILL
946 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Novak, Chair Y Meyer
A Biggins A Morrow
Y Hassert Y O'Brien
Y Jones, Shirley Y Persico, Vice-Chair
Y Leitch Y Scott
Representative Burke, Chairperson, from the Committee on
Executive to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be
adopted"--Short Debate:
Amendment No. 3 to SENATE BILL 827.
The committee roll call vote on Amendment No. 3 to SENATE BILL
827 is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair A Fritchey, Vice-Chair
Y Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
A Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
Representative Dart, Chairperson, from the Committee on Judiciary
I-Civil Law to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be
adopted"--Short Debate:
Amendment No. 1 to SENATE BILL 561.
That the Floor Amendment be reported "recommends be
adopted"--Standard Debate:
Amendment No. 1 to SENATE BILL 458.
The committee roll call vote on Amendment No. 1 to SENATE BILL
561 is as follows:
HOUSE OF REPRESENTATIVES 3767
7, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
A Brosnahan A Mathias
Y Hamos Y Meyer
A Hoffman Y Scott, Vice-Chair
Y Klingler Y Turner, John, Spkpn
A Wait
The committee roll call vote on Amendment No. 1 to SENATE BILL
458 is as follows:
6, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
A Brosnahan A Mathias
Y Hamos A Meyer
A Hoffman Y Scott, Vice-Chair
Y Klingler Y Turner, John, Spkpn
A Wait
Representative Gash, Chairperson, from the Committee on Judiciary
II - Criminal Law to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to SENATE BILL 1112.
The committee roll call vote on
Amendment No. 1 to SENATE BILL 1112 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair A Lindner
A Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
Y Durkin Y Scully
Y Johnson, Tom A Smith, Michael, Vice-Chair
A Jones, Lou Y Turner, John
A Winkel, Spkpn
Representative Hoffman, Chairperson, from the Committee on
Transportation & Motor Vehicles to which the following were referred,
action taken earlier today, and reported the same back with the
following recommendations:
That the Floor Amendment be reported "recommends be
adopted"--Short Debate:
Amendment No. 2 to SENATE BILL 203.
The committee roll call vote on Amendment No. 2 to SENATE BILL
203 is as follows:
22, Yeas; 0, Nays; 0, Answering Present.
Y Hoffman, Chair Y Kosel
Y Bassi Y Lyons, Joseph
Y Black A Mathias
A Brosnahan Y McAuliffe
Y Fowler Y Moffitt
Y Garrett Y Myers, Richard
Y Gash Y O'Brien
Y Giglio, Vice-Chair A Pankau
A Hamos Y Reitz
3768 JOURNAL OF THE [May 11, 1999]
Y Harris Y Schmitz
Y Hartke Y Scully
Y Hassert Y Sharp
Y Holbrook A Wait, Spkpn
A Jones, John A Wojcik
Y Zickus
AGREED RESOLUTIONS
The following resolutions were offered and placed on the Calendar
on the order of Agreed Resolutions.
HOUSE RESOLUTION 255
Offered by Representative Durkin:
WHEREAS, The members of the Illinois House of Representatives
wish to extend their sincere sympathy to the family and friends of
Caitlin M. Tretter, who recently passed away; and
WHEREAS, Caitlin Tretter will be remembered by those who knew her
and loved her; and
WHEREAS, Caitlin Tretter is missed by her mother, Carolyn Burke;
her father, Matthew Tretter; her grandparents, Edward and Margot
Burke and Loretta Tretter; in this time of personal loss, may they
find peace and comfort; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn along with
the family and friends of Caitlin Tretter; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Caitlin Tretter.
HOUSE RESOLUTION 256
Offered by Representative Giles:
WHEREAS, Donald A. Offermann received his Bachelor of Science
Degree in English from Concordia University in 1958, his Master of
Arts Degree in English from Loyola University in 1964, and his PhD in
Administration and Supervision from Loyola University in 1990; and
WHEREAS, Dr. Offermann began his teaching career at Luther High
School, Chicago, Illinois, in 1958; and
WHEREAS, Dr. Offermann has been a faithful, dedicated, and
unparalleled Teacher, Assistant Department Chair, Department Chair,
Assistant Principal, Assistant Superintendent, Associate
Superintendent, and Superintendent/Principal at Oak Park and River
Forest High School since 1964; and
WHEREAS, Dr. Offermann embodies the true spirit of Oak Park and
River Forest High School and its motto, "Those Things That Are Best";
and
WHEREAS, Donald A. Offermann, on July 1, 1999, retires from
teaching but will continue to keep education and successes of young
people and the tradition of Oak Park and River Forest High School
always foremost in his mind; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our
appreciation of a grateful student body, community, faculty, staff,
and State for the exceptional dedication, devotion, and services to
the people of the Villages of Oak Park and River Forest; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
him as an expression of our esteem.
HOUSE OF REPRESENTATIVES 3769
HOUSE RESOLUTION 264
Offered by Representative Kosel:
WHEREAS, Those individuals who minister to the spiritual needs of
others are worthy of the highest respect and admiration; and
WHEREAS, It has come to the attention of this House that the
Reverend Vytas Memenas has announced his upcoming retirement in June
of 1999; and
WHEREAS, During his 40 years as a priest, he has spent 30 years
as a pastor and 27 years as a police chaplain; and
WHEREAS, He was born in Lithuania and lived through World War II
in Lithuania and Germany; he finished high school and 2 years of
college while living in a refuge camp in Hanau, Germany; in 1950,
after working as a clerk for the United States Army for one year, he
went to Rome on a scholarship; he studied at the Gregorian University
for 7 years, receiving a Master's Degree in Philosophy and a
Bachelor's Degree in Theology; and
WHEREAS, He was ordained on April 28, 1957 at Sacred Heart Church
in Rome by the Pope's Vicar General for Rome, Archbishop Aloysius
Traglia, and celebrated his first mass on April 29 at St. Peter
Basilica at Vatican City; his first solemn mass was offered on July
21, 1957 at St. Anthony Church in Cicero, Illinois, the parish of his
family; and
WHEREAS, In 1957, he was assigned as Associate Pastor at
Visitation Church in Elmhurst, beginning a long and productive
history with the Diocese of Joliet; in 1967, he was made Pastor of
Our Lady of Lourdes Church in Gibson City and St. George Church in
Melvin; in 1972, he went to St. Mary Church in Mokena; in 1978, he
went to St, Patrick Church in Joliet; and in 1990, he went to St.
Anthony Church in Frankfort; and
WHEREAS, His involvement and commitment to law enforcement
agencies began with his first appointment as Co-Chaplain of Illinois
State Police District 5, Joliet, and has continued through today; and
WHEREAS, He has held many positions in the Diocese, including 20
years serving on the Diocesan Presbyteral Council and 13 years as a
member of the Diocesan Priest Pension Board; and
WHEREAS, The illustrious life and extraordinary service of Father
Vytas Memenas are shining examples of the love of God to all the
people of this State; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Reverend Vytas Memenas on his retirement; that we commend his
tireless devotion to divine service; and that we extend our best
wishes to him for continued health and happiness in the future; and
be it further
RESOLVED, That a suitable copy of this resolution be presented to
him as a token of our great respect and esteem.
HOUSE RESOLUTION 265
Offered by Representative Lang:
WHEREAS, The members of the Illinois House of Representatives are
pleased to honor milestones in the lives of the people of the State;
and
WHEREAS, Music is an important part of our lives, and our
culture; music becomes a part of our daily routine early in our
lives, and many people benefit from all music has to offer; and
WHEREAS, The Choral Department at Niles North High School, under
the direction of Daniel Gregerman, is a place where music comes to be
appreciated by the students; and
WHEREAS, The National Academy of Recording Arts & Sciences has
3770 JOURNAL OF THE [May 11, 1999]
named Niles North High School a Grammy Signature School; and
WHEREAS, Choir members from the school are invited on a regular
basis to perform at the Illinois Music Educators Association's
District and the All-State Music Festivals; and
WHEREAS, Members of Chorale, the advanced choir, have received a
superior rating at the Illinois High School Association's Music
Organization Festival for 1999; and
WHEREAS, Members of Take-One, the advanced vocal jazz group, have
been honored at the Annual Conference of the International
Association of Jazz Educators, the American Choral Directors
Association, and the Illinois Music Educators Association Conference,
and since 1995 they have received Outstanding Performance Awards at
the Western Michigan University Gold Company Invitational Vocal Jazz
Festival; all of their awards and distinctions show they have earned
their reputation, in addition to their many accolades for public and
private performances throughout the area; and
WHEREAS, Chorale continues to impress the community, with an
invitation to perform at the American Celebration of Music to be held
in Salzburg, Austria in the Summer of 1999; Take-One will be
performing at the Montreux Jazz Festival in Montreux, Switzerland,
also during the summer of 1999; together, these two groups show the
importance of music to our cultures, and to the State of Illinois;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
members of Chorale and Take-One on their many achievements and
awards; we congratulate Daniel Gregerman as well, for his hard work
and dedication in the music arena; may the members of both groups
continue on, entertaining and impressing for many years to come; and
be it further
RESOLVED, That a suitable copy of this resolution be presented to
Daniel Gregerman, director of the Choral Department at Niles North
High School.
HOUSE RESOLUTION 267
Offered by Representative Gash:
WHEREAS, The Women of Achievement Awards Benefit of the YWCA
provides a unique opportunity for business and civic leaders in Lake
and McHenry Counties to celebrate the valuable contributions women
are making in the workplace and in the community; and
WHEREAS, A woman chosen to receive a Women of Achievement Award
embodies excellence in her field, is an outstanding role model for
other women in the field of endeavor, and has gone beyond excellence
to work on behalf of racial or economic justice, equal opportunity,
and enhancement of quality of life; and
WHEREAS, The awards this year go to: Karla Koskinen and JoAnne
Zielinski for Arts, Alice Campbell for Business, Cindy Harger for
Community Volunteer, Gloria Huntoon and Myrtle Rosemeyer for
Education, Michelle Kuhn for Entrepreneur, Patricia Anne Sutton for
Professional, Laurie J. Meyer for Public Service, and Aurie A.
Pennick for Racial Justice; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate these
women on the honor being paid them by the YWCA and extend to them our
best wishes for their futures; and be it further
RESOLVED, That suitable copies of this resolution be presented to
each person mentioned above.
HOUSE RESOLUTION 268
HOUSE OF REPRESENTATIVES 3771
Offered by Representative Hannig:
WHEREAS, The members of the Illinois House of Representatives
wish to send their sincere condolences to the family and friends of
Lloyd D. Solomon of Taylorville, who recently passed away; and
WHEREAS, Mr. Solomon's teaching career began in Holben School, a
small school north of Taylorville; Mr. Solomon had received a
two-year teaching certificate from Illinois State University and was
teaching his second year when he was drafted into the Air Force
during World War II; Mr. Solomon served four years and three months
in the United States Air Force, and upon his return received his
degree in elementary education from Illinois State University; and
WHEREAS, In 1945 Lloyd Solomon took time out from education
studies to marry his wife, Erma on July 20; and
WHEREAS, Mr. Solomon went on to teach grades 5, 6, 7, and 8 at
Moroa School, followed by his first year at Hewitt School in
Taylorville; he then spent four years teaching grades 5 and 6 at
Owaneco School, where he also served as principal; Mr. Solomon next
accepted a teaching position at the Taylorville Junior High School,
which allowed him time to also take classes and receive his Masters
degree in administration from the University of Illinois; and
WHEREAS, Following two years of study, Mr. Solomon returned to
Hewitt School and became the school's principal until his retirement
in 1981; in 1969 the school moved to a new building and changed its
name to South School; and
WHEREAS, Mr. Solomon was well respected and liked by all his
students and the faculty of the school; in 1991 he was chosen to
receive the Christian County Retired Teacher of the Year award; the
award was presented to Mr. Solomon for his work as an educator and
administrator, and also for his continuing work in education after
his retirement; and
WHEREAS, Following his retirement Mr. Solomon worked with the
Retired Teachers Association (RTA), serving as president, and also
serving on the Legislative Committee and the State Foundation Board
for Retired Teachers; Mr. Solomon also taught G.E.D. classes for
adults wanting to receive their high school equivalency diploma; and
WHEREAS, Mr. Solomon was a member of the First Baptist Church in
Taylorville, where he led a Sunday School class and sang in the
church choir; he also held numerous offices and leadership positions
in the church; and
WHEREAS, Mr. Solomon also served on the Board of AARP as their
Legislative Chairman; he was a dedicated donor to the American Red
Cross Blood Bank; he was a member of the Taylorville Optimist Club;
he served on the Omnibudsman Program for nursing home residents, and
assisted in teaching the "55 Alive" classes to senior citizens,
enabling them to become better drivers; and
WHEREAS, Lloyd Solomon is survived by his loving wife, Erma; his
daughters, Dottie Francine Solomon-Bettcher, Diane Marie Solomon, and
Carol Elaine Bentsen; his four granddaughters; and many former
faculty members, school staff, and students who will always remember
him for the kind way he had about him; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor the memory
of Mr. Lloyd Solomon of Taylorville, Illinois; to his family,
friends, and all that knew him, we wish only the best in this time of
loss; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Lloyd Solomon.
HOUSE RESOLUTION 269
Offered by Representative Hannig:
3772 JOURNAL OF THE [May 11, 1999]
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate Clinton Kimbro on his retirement as Montgomery
County Clerk; and
WHEREAS, Clinton Kimbro began his career as the County Clerk on
December 1, 1982; he began his retirement on November 31, 1998; and
WHEREAS, Clinton Kimbro's campaign slogan for each election was
always the same, "Honest, reliable, and dedicated to duty"; Clinton
Kimbro did his job without boasting, choosing to be proud behind the
scenes; and
WHEREAS, Clinton Kimbro made sure all paperwork and publications
pertaining to elections was done in an efficient and timely manner;
Clinton Kimbro worked for his employees, making sure all of them had
equal pay and equal treatment; and
WHEREAS, Clinton Kimbro made sure that all polling places were
compensated equally for their use; he kept his office up to date on
the latest election information, tax extension information, and
recording information; all of his work was done while using the
taxpayer's money wisely, not for his or his office's benefit, but for
the benefit of the people of Montgomery County; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Clinton Kimbro on his service to the people of Montgomery County; our
wish is that he have an enjoyable retirement; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Clinton Kimbro.
HOUSE RESOLUTION 271
Offered by Representative Schoenberg:
WHEREAS, The members of the Illinois House of Representatives are
pleased to acknowledge milestones in the lives of citizens of the
State; and
WHEREAS, Bruce Boudreaux, Glencoe, Illinois' community service
officer, is also the 1998 Glencoe Employee of the Year; and
WHEREAS, Bruce Boudreaux is a familiar sight around Glencoe; he
can be seen working as a crossing guard at the school, directing
traffic, or helping someone find their lost pet; people recognize
him, and shouts of "Hi Bruce" or "Hi, Mr. Boudreaux" can be heard
around the quiet community; and
WHEREAS, Bruce Boudreaux begins his day at 6:30 a.m.; he checks
in at the roll call room and reviews the homes listed on the house
watch; he then walks the streets of town, marking tires and ensuring
that everyone abides by the two-hour parking regulations; and
WHEREAS, For thirty years, Bruce Boudreaux has worked in Glencoe,
either as a volunteer fireman, an animal warden, or in his current
position; Bruce Boudreaux's wife, Pat, has worked for the Park
District for the past sixteen years, so together they are recognized
in the community; and
WHEREAS, Many people can attest to the good job that Bruce
Boudreaux does for Glencoe; he is quick to help out in a variety of
situations; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Bruce
Boudreaux on being named the 1998 Glencoe Employee of the Year; he is
a shining example of dedication to his craft; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Bruce Boudreaux.
HOUSE RESOLUTION 272
Offered by Representative Schoenberg:
HOUSE OF REPRESENTATIVES 3773
WHEREAS, The members of the Illinois House of Representatives are
pleased to recognize milestones in the lives of citizens of the
State; and
WHEREAS, The Wilmette Chamber of Commerce has selected it's
Annual Award winners in the categories of Citizen of the Year and
Business of the Year; and
WHEREAS, John Jacoby has been selected 1999 Citizen of the Year;
he has lived in Wilmette since 1974 with his wife, Muggsy, and their
four children; and
WHEREAS, John Jacoby served on the Park Board Advisory Council
from 1977 to 1979; as Park Board Commissioner from 1979 to 1981; as
Village Trustee from 1981 to 1989, serving two terms; as Village
President from 1989 to 1997, serving two terms; and as Director of
the Wilmette Historical Society from 1998 to the present; and
WHEREAS, He was Founder and President of the Wilmette Men's
Tennis Association from 1976 to 1980; from 1986 to 1992 he was a
Manager of a Little League baseball team; Mr. Jacoby is interested in
public policy issues and enjoys working with others that share this
interest; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate John
Jacoby on being named Citizen of the Year by the Wilmette Chamber of
Commerce; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
John Jacoby.
HOUSE RESOLUTION 273
Offered by Representative Schoenberg:
WHEREAS, The members of the Illinois House of Representatives are
pleased to recognize outstanding businesses in this State; and
WHEREAS, The Wilmette Chamber of Commerce has selected it's
Annual Award winners in the categories of Citizen of the Year and
Business of the Year; and
WHEREAS, Kelly's Appliance has been selected 1999 Business of the
Year; a panel of judges representing the business community selected
Kelly's Appliance based on what the business does for the community;
and
WHEREAS, Kelly's Appliance was started in 1967 by Kelly Gavin,
who was joined by his father, Cal, a few years later; in 1993
employee Rick Schwartzhoff became the owner of Kelly's; the business
sells and services appliances and vacuums, and rewires lamps; the
business supports Wilmette baseball teams, community activities, and
is a long time member of the Wilmette Chamber of Commerce; therefore,
be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Kelly's Appliance on being named Business of the Year by the Wilmette
Chamber of Commerce; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Kelly's Appliance.
HOUSE RESOLUTION 275
Offered by Representative Giles:
WHEREAS, On March 31, 1999, Specialist Steven Gonzales, Staff
Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone were
captured while on patrol along the border of Kosovo and Macedonia;
and
WHEREAS, All diplomatic efforts to secure their release were
unsuccessful; and
3774 JOURNAL OF THE [May 11, 1999]
WHEREAS, Reverend Jesse L. Jackson, Sr., on April 29, 1999, led a
delegation of religious and civic leaders from the United States,
including Representative Rod R. Blagojevich, in a faith-based effort
to secure the release of Specialist Steven Gonzales, Staff Sergeant
Andrew Ramirez, and Staff Sergeant Christopher Stone; and
WHEREAS, Against great odds and in the face of grave personal
risks, Reverend Jesse L. Jackson, Sr. and his party entered a war
zone and successfully secured the release of Specialist Steven
Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant
Christopher Stone; and
WHEREAS, Reverend Jesse L. Jackson, Sr. has successfully secured
the release of prisoners in other countries on several previous
occasions; in 1984, he secured the release of United States Navy
flyer, Lieutenant Robert O. Goodman, Jr. from Syria, in June 1984, he
secured the release of 22 United States citizens and 26 Cubans from
Cuba, and in 1990, he secured the release of 700 women and children
who were being detained in Iraq; and
WHEREAS, Reverend Jesse L. Jackson, Sr. is recognized around the
world as a humanitarian, an advocate for civil and human rights, and
an ambassador of freedom; and
WHEREAS, As a highly respected world leader, Reverend Jesse L.
Jackson, Sr. has acted many times as an international diplomat in
sensitive situations and in October 1997, he was appointed by
President Clinton and Secretary of State Albright as Special Envoy of
the President and Secretary of State for the Promotion of Democracy
in Africa; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Reverend
Jesse L. Jackson, Sr. for securing the release of Specialist Steven
Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant
Christopher Stone from captivity in Belgrade, Yugoslavia; and be it
further
RESOLVED, That we express our gratitude to Reverend Jesse L.
Jackson, Sr. and his delegation for securing the release and safe
return of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez,
and Staff Sergeant Christopher Stone; and be it further
RESOLVED, That we join with the people of Illinois and the United
States in celebrating the return to freedom of Specialist Steven
Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant
Christopher Stone; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Reverend Jesse L. Jackson, Sr. and Representative Rod R. Blagojevich.
HOUSE RESOLUTION 276
Offered by Representative Schoenberg:
WHEREAS, It has come to our attention that June 10, 1999 will
mark the celebration of the 80th birthday of Ira P. Weinstein of
Glencoe; and
WHEREAS, Mr. Weinstein was born in Chicago on June 10, 1919; he
entered the United States Army Air Corps in 1942 as an Aviation
Cadet, trained as a Navigator-Bombardier, and rose to the rank of
First Lieutenant; he flew 25 missions with the 8th Air Force 445 Bomb
Group, 702nd Squadron before being shot down over Germany on the
infamous Kassell Mission on September 27, 1944; parachuting to
safety, he eluded capture for 6 days and was finally held as a
prisoner of war in Stalag Luft 1 in Barth, Germany, until the camp
was liberated on May 11, 1945; and
WHEREAS, Among Mr. Weinstein's commendations are the Purple
Heart, the Air Medal, the POW Medal, the Presidential Citation,
American Campaign and European Campaign Medals, the WWII Victory
HOUSE OF REPRESENTATIVES 3775
Medal, and the French Croix de Guerre; and
WHEREAS, He married Norma Randall while still an Aviation Cadet
and was married to her for more than 50 years before her death; and
WHEREAS, He returned to civilian life after the war and moved to
Glencoe in 1952; as president of Schram Advertising Company he built
the agency into a successful business; and
WHEREAS, He is the loving father of two daughters, Terri
Weinstein and Laura Temkin and the proud grandfather of Ross and Max
Temkin; and
WHEREAS, Mr. Weinstein is a major contributor to Women's American
ORT, was a founding member of Congregation Solel, and was an active
supporter of the State of Israel; and
WHEREAS, He is also a lifetime member of the 8th Air Force
Historical Society, the Ex-POW Association, the Kassel Mission
Historical Association, the 2nd Air Division Association, the Jewish
War Veterans, and the Caterpillar Association; and
WHEREAS, Ira Weinstein is indeed worthy of our highest praise;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we applaud Ira P.
Weinstein for all the good work he has done in his lifetime and
congratulate him on his 80th birthday; and be it further
RESOLVED, That we proclaim June 10, 1999 as Ira P. Weinstein Day
in Illinois; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
him as an expression of our esteem.
HOUSE RESOLUTION 277
Offered by Representative Andrea Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that Karen E. Royer has
announced her retirement as a teacher with Mundelein High School
District 120 after twenty-four years of dedicated service as a
teacher, nine of which were with District 120; and
WHEREAS, Karen Royer received a bachelor's degree cum laude in
secondary education from the University of Wisconsin and a master's
degree in educational curriculum and instruction from National Louis
University in Evanston; and
WHEREAS, Karen Royer and her husband Greg have three children;
and
WHEREAS, A published author, she was the recipient of the
Illinois State Board of Education "Those Who Excel" Award of Merit in
1997; and
WHEREAS, Her wise counsel and advice was a great influence on her
students, and she soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, Karen E. Royer, a loving and guiding teacher, has
contributed in many ways to the Mundelein High School District 120
and its students; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Karen
E. Royer for twenty-four years of outstanding service in teaching,
that we commend her for her dedication to her profession and to her
students, and that we extend to her our sincere best wishes for the
future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
3776 JOURNAL OF THE [May 11, 1999]
HOUSE RESOLUTION 278
Offered by Representative Andreaa Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that Frances Hansen has
announced her retirement as a teacher at Washington School in
Mundelein Elementary School District 75 after thirty-seven years of
dedicated service as a teacher, twenty-six years spent with District
75; and
WHEREAS, She taught all levels of grade school and spent two
years at Lincoln School and twenty-four years at Washington School;
she served on various committees and was very active in the school
social committee and the flag assembly committee; and
WHEREAS, Her wise counsel and advice was a great influence on her
students, and she soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, Frances Hansen, a loving and guiding teacher, has
contributed in many ways to the Mundelein Elementary School District
75 and its students; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Frances Hansen for thirty-seven years of outstanding service in
teaching, twenty-six years with Mundelein Elementary School District
75, that we commend her for her dedication to her profession and to
her students, and that we extend to her our sincere best wishes for
the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
HOUSE RESOLUTION 279
Offered by Representative Andrea Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that Maureen Watier has
announced her retirement as a teacher with the Libertyville
Elementary School District #70 after thirty-four years of dedicated
service as a teacher, thirty-two of which were spent in Libertyville;
and
WHEREAS, Maureen Watier taught French at Copeland and Central
Schools and taught 5th Grade at Highland and Copeland Schools; and
WHEREAS, Her wise counsel and advice was a great influence on her
students, and she soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, Maureen Watier has contributed in many ways to the
Libertyville Elementary School District #70 and its students;
therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Maureen Watier for thirty-four years of outstanding service in
teaching, that we commend her for her dedication to her profession
and to her students, and that we extend to her our sincere best
wishes for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
HOUSE RESOLUTION 280
HOUSE OF REPRESENTATIVES 3777
Offered by Representative Andrea Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that David Kublank has
announced his retirement as a teacher with the Libertyville
Elementary School District #70 after thirty-seven years of dedicated
service as a teacher, twenty-nine of which were spent in
Libertyville; and
WHEREAS, David Kublank taught Instrumental Music and was the Band
Director; he was affiliated with the Illinois Grade School Music
Association, the Music Educators National Conference, and the
Professional Teachers Association; and
WHEREAS, His wise counsel and advice was a great influence on his
students, and he soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, David Kublank has contributed in many ways to the
Libertyville Elementary School District #70 and its students;
therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate David
Kublank for thirty-seven years of outstanding service in teaching,
that we commend him for his dedication to his profession and to his
students, and that we extend to him our sincere best wishes for the
future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
him as an expression of our respect and esteem.
HOUSE RESOLUTION 281
Offered by Representative Andrea Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that Polly Andrews has
announced her retirement as a teacher with the Libertyville
Elementary School District #70 after thirty-five and a half years of
dedicated service as a teacher; and
WHEREAS, Her wise counsel and advice was a great influence on her
students, and she soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, Polly Andrews, a loving and guiding teacher, has
contributed in many ways to the Libertyville Elementary School
District #70 and its students; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Polly
Andrews for thirty-five and a half years of outstanding service in
teaching, that we commend her for her dedication to her profession
and to her students, and that we extend to her our sincere best
wishes for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
HOUSE RESOLUTION 282
Offered by Representative Andrea Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that Maryellen Bank has
announced her retirement as a teacher with the Libertyville
3778 JOURNAL OF THE [May 11, 1999]
Elementary School District #70 after thirty-two years of dedicated
service as a teacher, almost twenty-five years of which were spent in
District #70; and
WHEREAS, Maryellen Bank is affiliated with the National Educator
Association and the Illinois Education Association; and
WHEREAS, Her wise counsel and advice was a great influence on her
students, and she soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, Maryellen Bank, a loving and guiding teacher, has
contributed in many ways to the Libertyville Elementary School
District #70 and its students; therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Maryellen Bank for thirty-two years of outstanding service in
teaching, that we commend her for her dedication to her profession
and to her students, and that we extend to her our sincere best
wishes for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
RESOLUTION
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 266
Offered by Representatives Daniels - Madigan:
WHEREAS, A contributing factor to the tragedy at Columbine High
School in Colorado was that the perpetrators wore clothing that
assisted in the concealment of weapons and other inappropriate
materials; and
WHEREAS, Another contributing factor to the tragedy was that
students were labeled outcasts for the way they dressed; and
WHEREAS, The General Assembly has authorized school boards to
adopt and implement school dress code policies; and
WHEREAS, School dress code policies aim to deter violence and
disruption at school by eliminating gang-related clothing as well as
economic and other differences among students; and
WHEREAS, Numerous surveys have shown an overwhelming majority of
school administrators believe mandatory dress codes reduce violent
incidents and discipline problems and lead to greater academic
achievement; and
WHEREAS, School districts around the country that have
implemented school dress code policies report a substantial reduction
in school violence, truancy, and vandalism, as well as improved
student discipline; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that local school boards
institute strict dress code policies in an effort to eliminate
inappropriate symbols, establish an environment conducive to
learning, and reduce or prevent violence; and be it further
RESOLVED, That the State Board of Education will report to the
General Assembly by January 1, 2000 on the school dress codes that
have been implemented; and be it further
RESOLVED, That a suitable copy of this resolution be forwarded to
the State Superintendent of Education and all local school boards.
HOUSE RESOLUTION 270
HOUSE OF REPRESENTATIVES 3779
Offered by Representative Schoenberg:
WHEREAS, Israel is the only one of the 185 member nations of the
United Nations that is ineligible to serve on the United Nations
Security Council, the key deliberative group in the world body; and
WHEREAS, The United Nations Charter provides for "the equal
rights....of nations large and small", but Israel, a democratic
nation and member of the United Nations since 1950, is denied the
right to be elected as a temporary member of the security council,
unlike any other member of the United Nations; and
WHEREAS, In order to be eligible for election to the security
council, a country must belong to a regional group; every member
state, from the smallest to the largest, is included in one of the
five regional groups; by geography, Israel should be part of the
Asian bloc, but countries such as Iraq and Saudi Arabia have
prevented its entry for decades; and
WHEREAS, As a temporary measure, Israel has sought acceptance in
the West European and Others Group (WEOG), which includes not only
the democracies of Western Europe, but also Australia, Canada, New
Zealand, Turkey, and the United States; but despite the support of
several countries, including the United States, Israel still has not
been admitted; and
WHEREAS, Without membership in a regional group, Israel can never
be elected to serve a term on the security council or the other most
important bodies of the United Nations System, such as the Economic
and Social Council (ECOSOC), the World Court, UNICEF, and the
Commission on Human Rights; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we respectfully
memorialize and urge the United Nations West European and Others
Group, particularly members of the European Union, to accept Israel
as a temporary member; and be it further
RESOLVED, That suitable copies of this resolution be forwarded to
the Secretary-General of the United Nations, the Representative of
the Presidency of the European Union, and the Permanent
Representative of the United States to the United Nations.
HOUSE RESOLUTION 274
Offered by Representative O'Brien:
WHEREAS, The Transportation and Motor Vehicle Committee of this
House of Representatives heard extensive testimony regarding the
needs of the Illinois transportation infrastructure; and
WHEREAS, The Transportation and Motor Vehicles Committee
recognizes the need for significant road construction in this State;
and
WHEREAS, Testimony also recognized the importance of worker
safety in construction projects; and
WHEREAS, The number of highway construction projects is likely to
increase due to the poor conditions of Illinois roads; and
WHEREAS, The increase in the number of projects will necessitate
more construction at night and in adverse weather conditions; and
WHEREAS, The likelihood of injury to highway construction workers
increases dramatically during construction in these conditions; and
WHEREAS, The wearing of self-illuminating safety vests visible
under such circumstances can greatly reduce the incidence of injury;
therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the
Department of Transportation to address the issue of worker safety;
and be it further
RESOLVED, That we urge the Department of Transportation to
3780 JOURNAL OF THE [May 11, 1999]
evaluate the use of self-illuminating safety vests that are visible
at night and during adverse weather conditions for a minimum of
one-quarter mile and are shock and spark resistant to ensure worker
safety; and be it further
RESOLVED, That, by May 31, 2000, the Department of Transportation
report to the Transportation and Motor Vehicles Committee on the
measures taken to assure highway worker safety; and be it further
RESOLVED, That a copy of this resolution be delivered to the
Secretary of Transportation.
HOUSE RESOLUTION 275
Offered by Representative Giles:
WHEREAS, On March 31, 1999, Specialist Steven Gonzales, Staff
Sergeant Andrew Ramirez, and Staff Sergeant Christopher Stone were
captured while on patrol along the border of Kosovo and Macedonia;
and
WHEREAS, All diplomatic efforts to secure their release were
unsuccessful; and
WHEREAS, Reverend Jesse L. Jackson, Sr., on April 29, 1999, led a
delegation of religious and civic leaders from the United States,
including Representative Rod R. Blagojevich, in a faith-based effort
to secure the release of Specialist Steven Gonzales, Staff Sergeant
Andrew Ramirez, and Staff Sergeant Christopher Stone; and
WHEREAS, Against great odds and in the face of grave personal
risks, Reverend Jesse L. Jackson, Sr. and his party entered a war
zone and successfully secured the release of Specialist Steven
Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant
Christopher Stone; and
WHEREAS, Reverend Jesse L. Jackson, Sr. has successfully secured
the release of prisoners in other countries on several previous
occasions; in 1984, he secured the release of United States Navy
flyer, Lieutenant Robert O. Goodman, Jr. from Syria, in June 1984, he
secured the release of 22 United States citizens and 26 Cubans from
Cuba, and in 1990, he secured the release of 700 women and children
who were being detained in Iraq; and
WHEREAS, Reverend Jesse L. Jackson, Sr. is recognized around the
world as a humanitarian, an advocate for civil and human rights, and
an ambassador of freedom; and
WHEREAS, As a highly respected world leader, Reverend Jesse L.
Jackson, Sr. has acted many times as an international diplomat in
sensitive situations and in October 1997, he was appointed by
President Clinton and Secretary of State Albright as Special Envoy of
the President and Secretary of State for the Promotion of Democracy
in Africa; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Reverend
Jesse L. Jackson, Sr. for securing the release of Specialist Steven
Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant
Christopher Stone from captivity in Belgrade, Yugoslavia; and be it
further
RESOLVED, That we express our gratitude to Reverend Jesse L.
Jackson, Sr. and his delegation for securing the release and safe
return of Specialist Steven Gonzales, Staff Sergeant Andrew Ramirez,
and Staff Sergeant Christopher Stone; and be it further
RESOLVED, That we join with the people of Illinois and the United
States in celebrating the return to freedom of Specialist Steven
Gonzales, Staff Sergeant Andrew Ramirez, and Staff Sergeant
Christopher Stone; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Reverend Jesse L. Jackson, Sr. and Representative Rod R. Blagojevich.
HOUSE OF REPRESENTATIVES 3781
HOUSE RESOLUTION 283
Offered by Representative Andrea Moore:
WHEREAS, It is with great pleasure that the members of this Body
welcome the opportunity to recognize citizens of this State who make
outstanding contributions to society; and
WHEREAS, It has come to our attention that Christine Thompson has
announced her retirement as a teacher with the Viking School in
Gurnee District #56 after twenty-six years of dedicated service as a
teacher, 19 of which were spent in District #56; and
WHEREAS, Christine Thompson taught language arts to the 2nd
through 6th grades and gifted language arts to the 3rd through 8th
grades; and
WHEREAS, Christine Thompson is affiliated with the Illinois
Association for the Gifted Professionals; she was also a Park
District Board Member for several years; and
WHEREAS, Her wise counsel and advice was a great influence on her
students, and she soon earned the respect and affection of students,
teachers, principals, and staff; and
WHEREAS, Christine Thompson, a loving and guiding teacher, has
contributed in many ways to the Gurnee District #56 and its students;
therefore be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Christine Thompson for twenty-six years of outstanding service in
teaching, that we commend her for her dedication to her profession
and to her students, and that we extend to her our sincere best
wishes for the future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
her as an expression of our respect and esteem.
HOUSE JOINT RESOLUTION 22
Offered by Representatives Sharp- Hoeft - Lang - Black - Flowers:
WHEREAS, The improvement of standards for the delivery of
educational services has resulted in a recognition of a need for
programs of increased accountability, qualifications, and
demonstrated competency of instructional personnel in the public
schools; and
WHEREAS, Paraprofessionals in the classrooms are an integral and
necessary part of the instructional program of public schools and
must be recognized as vital partners in the quest for educational
excellence and reform; and
WHEREAS, National professional organizations representing
paraprofessionals have encouraged standards to ensure that
paraprofessionals are well prepared to work with children; and
WHEREAS, Other states have studied and outlined employment
criteria and training requirements for paraprofessionals; and
WHEREAS, The State of Illinois does not require any training or
specialized education for paraprofessionals working in regular and
special education programs; and
WHEREAS, The General Assembly has been a strong proponent of
education reform measures directed toward upgrading the quality of
public education, raising standards for teacher certification, and
increased responsibility and accountability by instructional
personnel; 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 for the purposes of this Resolution, "paraprofessional"
means an employee, other than a teacher, in a school (i) whose
position is either instructional in nature or who delivers other
3782 JOURNAL OF THE [May 11, 1999]
direct services to students or their parents and (ii) who serves in a
position for which a teacher or another professional has the ultimate
responsibility for the design, implementation, and evaluation of
individual education programs or related services and for student
performance; and be it further
RESOLVED, That there is created the Task Force on
Paraprofessionals consisting of the following members: two members
of the Senate appointed by the President of the Senate; two members
of the House of Representatives appointed by the Speaker of the
House; one teacher who is a member of the Illinois Federation of
Teachers and one teacher who is a member of the Illinois Education
Association, each appointed by the State Superintendent of Education;
eight paraprofessionals appointed by the State Superintendent of
Education, chosen from a list of nominees provided by the Illinois
Federation of Teachers and the Illinois Education Association in
proportion to the membership of each organization; one member
appointed by the Illinois Association of School Boards; one member
appointed by the Illinois Parent Teacher Association; one member
appointed by the Illinois Association of School Administrators; one
member from the State Teacher Certification Board appointed by the
State Superintendent of Education; one member representing the higher
education community appointed by the State Superintendent of
Education; one member representing the Illinois
Speech-Language-Hearing Association appointed by the State
Superintendent of Education; one member representing the State Board
of Education's Staff Development Division appointed by the State
Superintendent of Education; one member representing a statewide
council of special education administrators appointed by the State
Superintendent of Education; and one member appointed by the
Governor, who shall serve as chairperson of the Task Force; and be it
further
RESOLVED, That the members of the Task Force shall serve without
compensation but shall be reimbursed for their reasonable and
necessary expenses from funds available for that purpose; the State
Board of Education shall provide staff support to the Task Force; and
be it further
RESOLVED, That the Task Force shall study and make
recommendations to the Governor on the licensure of paraprofessionals
who work with children in the public schools of Illinois and shall
determine entry level standards, training and experience requirements
for entering the career, guidelines for education and experience
requirements for career advancement, appropriate roles and
responsibilities, and a mechanism to enhance job mobility within and
between school districts; and be it further
RESOLVED, That the Task Force shall report its recommendations to
the Governor one year after the adoption of this Resolution; and that
upon filing its report the Task Force is dissolved.
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 Krause, SENATE BILL 276 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 2)
This bill, having received the votes of a constitutional majority
HOUSE OF REPRESENTATIVES 3783
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative McCarthy, SENATE BILL 805 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 3)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Lindner, SENATE BILL 331 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:
81, Yeas; 32, Nays; 0, Answering Present.
(ROLL CALL 4)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Novak, SENATE BILL 23 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?".
Pending the vote on said bill, on motion of Representative Novak,
further consideration of SENATE BILL 23 was postponed.
RECALLS
By unanimous consent, on motion of Representative Mathias, SENATE
BILL 37 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following 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 Rutherford, SENATE BILL 423 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 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.
RECALLS
By unanimous consent, on motion of Representative Capparelli,
SENATE BILL 1046 was recalled from the order of Third Reading to the
order of Second Reading and held on that order.
SENATE BILLS ON THIRD READING
3784 JOURNAL OF THE [May 11, 1999]
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 Art Turner, SENATE BILL 566 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 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 Wirsing, SENATE BILL 74 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 7)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Krause, SENATE BILL 1071 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; 0, Answering Present.
(ROLL CALL 8)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Franks, SENATE BILL 1042 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:
85, Yeas; 15, Nays; 9, 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 Scott, SENATE
BILL 1 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 Scott, SENATE
BILL 544 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 McCarthy,
SENATE BILL 1168 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 Andrea Moore,
SENATE BILL 349 was recalled from the order of Third Reading to the
HOUSE OF REPRESENTATIVES 3785
order of Second Reading and held on that order.
By unanimous consent, on motion of Representative Brady, SENATE
BILL 668 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 310, 311, 801 and 1125.
SENATE BILL 19. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Judiciary I-Civil Law, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 19
AMENDMENT NO. 1. Amend Senate Bill 19 by replacing the title
with the following:
"AN ACT regarding child support enforcement."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Non-Support Punishment Act.
Section 5. Prosecutions by State's Attorneys. A proceeding for
enforcement of this Act may be instituted and prosecuted by the
several State's Attorneys only upon the filing of a verified
complaint by the person or persons receiving child or spousal
support.
Section 7. Prosecutions by Attorney General. In addition to
enforcement proceedings by the several State's Attorneys, a
proceeding for the enforcement of this Act may be instituted and
prosecuted by the Attorney General in cases referred by the Illinois
Department of Public Aid involving persons receiving child and spouse
support services under Article X of the Illinois Public Aid Code.
Before referring a case to the Attorney General for enforcement under
this Act, the Department of Public Aid shall notify the person
receiving child and spouse support services under Article X of the
Illinois Public Aid Code of the Department's intent to refer the case
to the Attorney General under this Section for prosecution.
Section 10. Proceedings. Proceedings under this Act may be by
indictment or information. No proceeding may be brought under Section
15 against a person whose court or administrative order for support
was entered by default, unless the indictment or information
specifically alleges that the person has knowledge of the existence
of the order for support and that the person has the ability to pay
the support.
Section 15. Failure to support.
(a) A person commits the offense of failure to support when he
or she:
(1) without any lawful excuse, neglects or refuses to
provide for the support or maintenance of his or her spouse, with
the knowledge that the spouse is in need of such support or
maintenance, or, without lawful excuse, deserts or neglects or
refuses to provide for the support or maintenance of his or her
child or children under the age of 18 years, in need of support
or maintenance and the person has the ability to provide the
support; or
3786 JOURNAL OF THE [May 11, 1999]
(2) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than 6 months,
or is in arrears in an amount greater than $5,000, and the person
has the ability to provide the support; or
(3) leaves the State with the intent to evade a support
obligation required under a court or administrative order for
support, if the obligation, regardless of when it accrued, has
remained unpaid for a period longer than 6 months, or is in
arrears in an amount greater than $5,000; or
(4) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than one year,
or is in arrears in an amount greater than $10,000, and the
person has the ability to provide the support.
(a-5) Presumption of ability to pay support. The existence of a
court or administrative order of support that was not based on a
default judgment and was in effect for the time period charged in the
indictment or information creates a rebuttable presumption that the
obligor has the ability to pay the support obligation for that time
period.
(b) Sentence. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A
person convicted of an offense under subdivision (a)(3) or (a)(4) or
a second or subsequent offense under subdivision (a)(1) or (a)(2) is
guilty of a Class 4 felony.
(c) Expungement. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) who is eligible for the Earnfare
program, shall, in lieu of the sentence prescribed in subsection (b),
be referred to the Earnfare program. Upon certification of
completion of the Earnfare program, the conviction shall be expunged.
If the person fails to successfully complete the Earnfare program, he
or she shall be sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses
committed under this Act shall be as provided under Articles 8 and 9
of Chapter V of the Unified Code of Corrections, except that the
court shall order restitution of all unpaid support payments and may
impose the following fines, alone, or in addition to a sentence of
imprisonment under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation has
remained unpaid for a period longer than 2 years, or is in
arrears in an amount greater than $1,000 and not exceeding
$5,000;
(2) from $5,000 to $10,000 if the support obligation has
remained unpaid for a period longer than 5 years, or is in
arrears in an amount greater than $5,000 and not exceeding
$10,000; or
(3) from $10,000 to $25,000 if the support obligation has
remained unpaid for a period longer than 8 years, or is in
arrears in an amount greater than $10,000.
Restitution shall be ordered in an amount equal to the total
unpaid support obligation as it existed at the time of sentencing.
Any amounts paid by the obligor shall be allocated first to current
support and then to restitution ordered and then to fines imposed
under this Section.
Section 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order for
support is in effect against the defendant:
(1) at any time before the trial, upon motion of the State's
Attorney, or of the Attorney General if the action has been
instituted by his office, and upon notice to the defendant, or at
HOUSE OF REPRESENTATIVES 3787
the time of arraignment or as a condition of postponement of
arraignment, the court may enter such temporary order for support
as may seem just, providing for the support or maintenance of the
spouse or child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant, or at
the trial on entry of a plea of guilty, or after conviction,
instead of imposing the penalty provided in this Act, or in
addition thereto, the court may enter an order for support,
subject to modification by the court from time to time as
circumstances may require, directing the defendant to pay a
certain sum for maintenance of the spouse, or for support of the
child or children, or both.
(b) The court shall determine the amount of child support by
using the guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii) the
non-custodial parent failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant
financial information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to subpoena and
proper notice shall be admitted into evidence without the need to
establish any further foundation for its admission.
(c) The court shall determine the amount of maintenance using the
standards set forth in Section 504 of the Illinois Marriage and
Dissolution of Marriage Act.
(d) The court may, for violation of any order under this Section,
punish the offender as for a contempt of court, but no pendente lite
order shall remain in effect longer than 4 months, or after the
discharge of any panel of jurors summoned for service thereafter in
such court, whichever is sooner.
(e) Any order for support entered by the court under this Section
shall be deemed to be a series of judgments against the person
obligated to pay support under the judgments, each such judgment to
be in the amount of each payment or installment of support and each
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the ability
to be enforced. Each judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(f) An order for support entered under this Section shall include
a provision requiring the obligor to report to the obligee and to the
clerk of the court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment, bond shall be set in
the amount of the child support that should have been paid during the
3788 JOURNAL OF THE [May 11, 1999]
period of unreported employment.
An order for support entered under this Section shall also
include a provision requiring the obligor and obligee parents to
advise each other of a change in residence within 5 days of the
change except when the court finds that the physical, mental, or
emotional health of a party or of a minor child, or both, would be
seriously endangered by disclosure of the party's address.
(g) An order for support entered or modified in a case in which a
party is receiving child and spouse support services under Article X
of the Illinois Public Aid Code shall include a provision requiring
the noncustodial parent to notify the Illinois Department of Public
Aid, within 7 days, of the name and address of any new employer of
the noncustodial parent, whether the noncustodial parent has access
to health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy.
(h) In any subsequent action to enforce an order for support
entered under this Act, upon sufficient showing that diligent effort
has been made to ascertain the location of the noncustodial parent,
service of process or provision of notice necessary in that action
may be made at the last known address of the noncustodial parent, in
any manner expressly provided by the Code of Civil Procedure or in
this Act, which service shall be sufficient for purposes of due
process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
Section 22. Withholding of income to secure payment of support.
An order for support entered or modified under this Act is subject to
the Income Withholding for Support Act.
Section 25. Payment of support to State Disbursement Unit; clerk
of the court.
(a) As used in this Section, "order for support", "obligor",
"obligee", and "payor" mean those terms as defined in the Income
Withholding for Support Act.
(b) Each order for support entered or modified under Section 20
of this Act shall require that support payments be made to the State
Disbursement Unit established under the Illinois Public Aid Code,
under the following circumstances:
(1) when a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) when no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) When no party to the order is receiving child and spouse
support services, and payments are not being made through income
withholding, the court shall order the obligor to make support
payments to the clerk of the court.
(d) In the case of an order for support entered by the court
under this Act before a party commenced receipt of child and spouse
support services, upon receipt of these services by a party the
Illinois Department of Public Aid shall provide notice to the obligor
to send any support payments he or she makes personally to the State
Disbursement Unit until further direction of the Department. The
Department shall provide a copy of the notice to the obligee and to
HOUSE OF REPRESENTATIVES 3789
the clerk of the court. An obligor who fails to comply with a notice
provided by the Department under this Section is guilty of a Class B
misdemeanor.
(e) If a State Disbursement Unit as specified by federal law has
not been created in Illinois upon the effective date of this Act,
then, until the creation of a State Disbursement Unit as specified by
federal law, the following provisions regarding payment and
disbursement of support payments shall control and the provisions in
subsections (a), (b), (c), and (d) shall be inoperative. Upon the
creation of a State Disbursement Unit as specified by federal law,
this subsection (e) shall be inoperative and the payment and
disbursement provisions of subsections (a), (b), (c), and (d) shall
control.
(1) In cases in which an order for support is entered under
Section 20 of this Act, the court shall order that maintenance
and support payments be made to the clerk of the court for
remittance to the person or agency entitled to receive the
payments. However, the court in its discretion may direct
otherwise where exceptional circumstances so warrant.
(2) The court shall direct that support payments be sent by
the clerk to (i) the Illinois Department of Public Aid if the
person in whose behalf payments are made is receiving aid under
Articles III, IV, or V of the Illinois Public Aid Code, or child
and spouse support services under Article X of the Code, or (ii)
to the local governmental unit responsible for the support of the
person if he or she is a recipient under Article VI of the Code.
In accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both, after
those persons cease to receive public assistance and until
termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department shall pay the net amount
collected to those persons after deducting any costs incurred in
making the collection or any collection fee from the amount of
any recovery made. The order shall permit the Illinois
Department of Public Aid or the local governmental unit, as the
case may be, to direct that support payments be made directly to
the spouse, children, or both, or to some person or agency in
their behalf, upon removal of the spouse or children from the
public aid rolls or upon termination of services under Article X
of the Illinois Public Aid Code; and upon such direction, the
Illinois Department or the local governmental unit, as the case
requires, shall give notice of such action to the court in
writing or by electronic transmission.
(3) The clerk of the court shall establish and maintain
current records of all moneys received and disbursed and of
delinquencies and defaults in required payments. The court, by
order or rule, shall make provision for the carrying out of these
duties.
(4) Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to the
clerk of the court that a person who is receiving support
payments under this Section is receiving services under the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act, any support payments subsequently received
by the clerk of the court shall be transmitted in accordance with
the instructions of the Illinois Department of Public Aid until
the Department gives notice to cease the transmittal. After
providing the notification authorized under this paragraph, the
Illinois Department of Public Aid shall be a party and entitled
to notice of any further proceedings in the case. The clerk of
3790 JOURNAL OF THE [May 11, 1999]
the court shall file a copy of the Illinois Department of Public
Aid's notification in the court file. The failure of the clerk
to file a copy of the notification in the court file shall not,
however, affect the Illinois Department of Public Aid's rights as
a party or its right to receive notice of further proceedings.
(5) Payments under this Section to the Illinois Department
of Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of Public
Aid shall be deposited in the Public Assistance Recoveries Trust
Fund. Disbursements from these funds shall be as provided in the
Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(6) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of court or upon notification
by the Illinois Department of Public Aid, the clerk shall
transmit all such payments, within 4 working days of receipt, to
insure that funds are available for immediate distribution by the
Department to the person or entity entitled thereto in accordance
with standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act. The
clerk shall notify the Department of the date of receipt and
amount thereof at the time of transmittal. Where the clerk has
entered into an agreement of cooperation with the Department to
record the terms of child support orders and payments made
thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with
such agreement in lieu of the requirements contained herein.
Section 30. Information to State Case Registry.
(a) When an order for support is entered or modified under
Section 20 of this Act, the clerk of the court shall, within 5
business days, provide to the State Case Registry established under
Section 10-27 of the Illinois Public Aid Code the court docket number
and county in which the order is entered or modified and the
following information, which the parents involved in the case shall
disclose to the court:
(1) the names of the custodial and noncustodial parents and
of the child or children covered by the order;
(2) the dates of birth of the custodial and noncustodial
parents and of the child or children covered by the order;
(3) the social security numbers of the custodial and
noncustodial parents and, if available, of the child or children
covered by the order;
(4) the residential and mailing address for the custodial
and noncustodial parents;
(5) the telephone numbers for the custodial and noncustodial
parents;
(6) the driver's license numbers for the custodial and
noncustodial parents; and
(7) the name, address, and telephone number of each parent's
employer or employers.
(b) When an order for support is entered or modified under
Section 20 in a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, the
clerk shall provide the State Case Registry with the following
information within 5 business days:
(1) the information specified in subsection (a);
HOUSE OF REPRESENTATIVES 3791
(2) the amount of monthly or other periodic support owed
under the order and other amounts, including arrearages,
interest, or late payment penalties and fees, due or overdue
under the order;
(3) any amounts described in subdivision (2) of this
subsection (b) that have been received by the clerk; and
(4) the distribution of the amounts received by the clerk.
(c) To the extent that updated information is in the clerk's
possession, the clerk shall provide updates of the information
specified in subsection (b) within 5 business days after the Illinois
Department of Public Aid's request for that updated information.
Section 32. Continuances in support enforcement cases. Each
party shall be granted no more than 2 continuances in a court
proceeding for the enforcement of a support order.
Section 35. Fine; release of defendant on probation; violation of
order for support; forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the court to
be paid, in whole or in part, to the spouse, ex-spouse, or if the
support of a child or children is involved, to the custodial parent,
to the clerk, probation officer, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by such officers or agency under the terms
of the order.
(b) The court may also relieve the defendant from custody on
probation for the period fixed in the order or judgment upon his or
her entering into a recognizance, with or without surety, in the sum
as the court orders and approves. The condition of the recognizance
shall be such that if the defendant makes his or her personal
appearance in court whenever ordered to do so by the court, during
such period as may be so fixed, and further complies with the terms
of the order for support, or any subsequent modification of the
order, then the recognizance shall be void; otherwise it will remain
in full force and effect.
(c) If the court is satisfied by testimony in open court, that at
any time during the period of one year the defendant has violated the
terms of the order for support, it may proceed with the trial of the
defendant under the original charge, or sentence him or her under the
original conviction, or enforce the suspended sentence, as the case
may be. In case of forfeiture of recognizance, and enforcement of
recognizance by execution, the sum so recovered may, in the
discretion of the court, be paid, in whole or in part, to the spouse,
ex-spouse, or if the support of a child or children is involved, to
the custodial parent, to the clerk, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by the clerk or the Department under the
terms of the order.
Section 40. Evidence. No other or greater evidence shall be
required to prove the marriage of a husband and wife, or that the
defendant is the father or mother of the child or children than is or
shall be required to prove that fact in a civil action.
Section 45. Husband or wife as competent witness. In no
prosecution under this Act shall any existing statute or rule of law
prohibiting the disclosure of confidential communications between
husband and wife apply. And both husband and wife shall be competent
witnesses to testify to any and all relevant matters, including the
fact of such marriage and of the parentage of such child or children,
provided that neither shall be compelled to give evidence
incriminating himself or herself.
Section 50. Community service; work alternative program.
3792 JOURNAL OF THE [May 11, 1999]
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to perform
community service for not less than 30 and not more than 120 hours
per month, if community service is available in the jurisdiction and
is funded and approved by the county board of the county where the
offense was committed. In addition, whenever any person is placed on
supervision for committing an offense under this Act, the supervision
shall be conditioned on the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the sheriff.
The conditions of the program are that the offender obtain or retain
employment and participate in a work alternative program administered
by the sheriff during non-working hours. A person may not be
required to participate in a work alternative program under this
subsection if the person is currently participating in a work program
pursuant to another provision of this Act, Section 10-11.1 of the
Illinois Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 15.1 of the Illinois
Parentage Act of 1984.
(c) In addition to any other penalties imposed against an
offender under this Act, the court may order, in cases where the
offender has been in violation of this Act for 90 days or more, that
the offender's Illinois driving privileges be suspended until the
court determines that the offender is in compliance with this Act.
The court may determine that the offender is in compliance with
this Act if the offender has agreed (i) to pay all required amounts
of support and maintenance as determined by the court or (ii) to the
garnishment of his or her income for the purpose of paying those
amounts.
The court may also order that the offender be issued a family
financial responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the offender or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the offender's
driving privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section 7-702.1 of
the Illinois Vehicle Code, issue a family financial responsibility
driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may determine
whether the offender has applied for or been issued a professional
license by the Department of Professional Regulation or another
licensing agency. If the court determines that the offender has
applied for or been issued such a license, the court may certify to
the Department of Professional Regulation or other licensing agency
that the offender has been in violation of this Act for more than 60
days so that the Department or other agency may take appropriate
steps with respect to the license or application as provided in
Section 10-65 of the Illinois Administrative Procedure Act and
Section 60 of the Civil Administrative Code of Illinois. The court
may take the actions required under this subsection in addition to
imposing any other penalty authorized under this Act.
Section 55. Offenses; how construed. It is hereby expressly
declared that the offenses set forth in this Act shall be construed
to be continuing offenses.
Section 60. Unemployed persons owing duty of support.
HOUSE OF REPRESENTATIVES 3793
(a) Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the person
owing a duty of support is unemployed, the court may order the person
to seek employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed person
to report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
Partnership Act provider for participation in job search, training,
or work programs and where the duty of support is owed to a child
receiving support services under Article X of the Illinois Public Aid
Code the court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job search,
training, or work programs established under Section 9-6 and Article
IXA of that Code.
(b) Whenever it is determined that a person owes past due support
for a child or for a child and the parent with whom the child is
living, and the child is receiving assistance under the Illinois
Public Aid Code, the court shall order at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of the Illinois
Public Aid Code as the court deems appropriate.
Section 65. Order of protection; status. Whenever relief sought
under this Act is based on allegations of domestic violence, as
defined in the Illinois Domestic Violence Act of 1986, the court,
before granting relief, shall determine whether any order of
protection has previously been entered in the instant proceeding or
any other proceeding in which any party, or a child of any party, or
both, if relevant, has been designated as either a respondent or a
protected person.
Section 905. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded by
notice and an opportunity for a hearing, the provisions of this Act
concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient application
for the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall continue
in full force and effect until the final agency decision on the
application has been made unless a later date is fixed by order of a
reviewing court.
(c) An application for the renewal of a license or a new license
shall include the applicant's social security number. Each agency
shall require the licensee to certify on the application form, under
penalty of perjury, that he or she is not more than 30 days
delinquent in complying with a child support order. Every
application shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
the licensee to contempt of court. The agency shall notify each
applicant or licensee who acknowledges a delinquency or who, contrary
to his or her certification, is found to be delinquent or who after
receiving notice, fails to comply with a subpoena or warrant relating
to a paternity or a child support proceeding, that the agency intends
to take disciplinary action. Accordingly, the agency shall provide
3794 JOURNAL OF THE [May 11, 1999]
written notice of the facts or conduct upon which the agency will
rely to support its proposed action and the applicant or licensee
shall be given an opportunity for a hearing in accordance with the
provisions of the Act concerning contested cases. Any delinquency in
complying with a child support order can be remedied by arranging for
payment of past due and current support. Any failure to comply with
a subpoena or warrant relating to a paternity or child support
proceeding can be remedied by complying with the subpoena or warrant.
Upon a final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or refuse to
issue or renew the license. In cases in which the Department of
Public Aid has previously determined that an applicant or a licensee
is more than 30 days delinquent in the payment of child support and
has subsequently certified the delinquency to the licensing agency,
and in cases in which a court has previously determined that an
applicant or licensee has been in violation of the Non-Support
Punishment Act for more than 60 days, the licensing agency shall
refuse to issue or renew or shall revoke or suspend that person's
license based solely upon the certification of delinquency made by
the Department of Public Aid or the certification of violation made
by the court. Further process, hearings, or redetermination of the
delinquency or violation by the licensing agency shall not be
required. The licensing agency may issue or renew a license if the
licensee has arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of Public Aid
or the court. The licensing agency may impose conditions,
restrictions, or disciplinary action upon that license.
(d) Except as provided in subsection (c), no agency shall
revoke, suspend, annul, withdraw, amend materially, or refuse to
renew any valid license without first giving written notice to the
licensee of the facts or conduct upon which the agency will rely to
support its proposed action and an opportunity for a hearing in
accordance with the provisions of this Act concerning contested
cases. At the hearing, the licensee shall have the right to show
compliance with all lawful requirements for the retention,
continuation, or renewal of the license. If, however, the agency
finds that the public interest, safety, or welfare imperatively
requires emergency action, and if the agency incorporates a finding
to that effect in its order, summary suspension of a license may be
ordered pending proceedings for revocation or other action. Those
proceedings shall be promptly instituted and determined.
(e) Any application for renewal of a license that contains
required and relevant information, data, material, or circumstances
that were not contained in an application for the existing license
shall be subject to the provisions of subsection (a).
Section 910. The Civil Administrative Code of Illinois is
amended by changing Section 43a.14 as follows:
(20 ILCS 1005/43a.14)
Sec. 43a.14. Exchange of information for child support
enforcement.
(a) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois Department
of Public Aid under subsection (a) or for any other action taken in
HOUSE OF REPRESENTATIVES 3795
good faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 915. The Civil Administrative Code of Illinois is
amended by changing Section 60 as follows:
(20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 60. Powers and duties. The Department of Professional
Regulation shall have, subject to the provisions of this Act, the
following powers and duties:
1. To authorize examinations in English to ascertain the
qualifications and fitness of applicants to exercise the profession,
trade, or occupation for which the examination is held.
2. To prescribe rules and regulations for a fair and wholly
impartial method of examination of candidates to exercise the
respective professions, trades, or occupations.
3. To pass upon the qualifications of applicants for licenses,
certificates, and authorities, whether by examination, by
reciprocity, or by endorsement.
4. To prescribe rules and regulations defining, for the
respective professions, trades, and occupations, what shall
constitute a school, college, or university, or department of a
university, or other institutions, reputable and in good standing and
to determine the reputability and good standing of a school, college,
or university, or department of a university, or other institution,
reputable and in good standing by reference to a compliance with such
rules and regulations: provided, that no school, college, or
university, or department of a university or other institution that
refuses admittance to applicants solely on account of race, color,
creed, sex, or national origin shall be considered reputable and in
good standing.
5. To conduct hearings on proceedings to revoke, suspend, refuse
to renew, place on probationary status, or take other disciplinary
action as may be authorized in any licensing Act administered by the
Department with regard to licenses, certificates, or authorities of
persons exercising the respective professions, trades, or
occupations, and to revoke, suspend, refuse to renew, place on
probationary status, or take other disciplinary action as may be
authorized in any licensing Act administered by the Department with
regard to such licenses, certificates, or authorities. The
Department shall issue a monthly disciplinary report. The Department
shall deny any license or renewal authorized by this Act to any
person who has defaulted on an educational loan or scholarship
provided by or guaranteed by the Illinois Student Assistance
Commission or any governmental agency of this State; however, the
Department may issue a license or renewal if the aforementioned
persons have established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State. Additionally,
beginning June 1, 1996, any license issued by the Department may be
suspended or revoked if the Department, after the opportunity for a
hearing under the appropriate licensing Act, finds that the licensee
has failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan. For the
purposes of this Section, "satisfactory repayment record" shall be
defined by rule. The Department shall refuse to issue or renew a
license to, or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding. However, the
Department may issue a license or renewal upon compliance with the
subpoena or warrant.
The Department, without further process or hearings, shall
revoke, suspend, or deny any license or renewal authorized by this
3796 JOURNAL OF THE [May 11, 1999]
Act to a person who is certified by the Illinois Department of Public
Aid as being more than 30 days delinquent in complying with a child
support order or who is certified by a court as being in violation of
the Non-Support of Punishment Act for more than 60 days; the
Department may, however, issue a license or renewal if the person has
established a satisfactory repayment record as determined by the
Illinois Department of Public Aid or if the person is determined by
the court to be in compliance with the Non-Support Punishment Act.
The Department may implement this paragraph as added by Public Act
89-6 through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For purposes of
the Illinois Administrative Procedure Act, the adoption of rules to
implement this paragraph shall be considered an emergency and
necessary for the public interest, safety, and welfare.
6. To transfer jurisdiction of any realty under the control of
the Department to any other Department of the State Government, or to
acquire or accept Federal lands, when such transfer, acquisition or
acceptance is advantageous to the State and is approved in writing by
the Governor.
7. To formulate rules and regulations as may be necessary for
the enforcement of any act administered by the Department.
8. To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Professional Regulation shall not be liable under any
federal or State law to any person for any disclosure of information
to the Illinois Department of Public Aid under this paragraph 8 or
for any other action taken in good faith to comply with the
requirements of this paragraph 8.
9. To perform such other duties as may be prescribed by law.
The Department may, when a fee is payable to the Department for a
wall certificate of registration provided by the Department of
Central Management Services, require that portion of the payment for
printing and distribution costs be made directly or through the
Department, to the Department of Central Management Services for
deposit in the Paper and Printing Revolving Fund, the remainder shall
be deposited in the General Revenue Fund.
For the purpose of securing and preparing evidence, and for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities, recoupment of
investigative costs and other activities directed at suppressing the
misuse and abuse of controlled substances, including those activities
set forth in Sections 504 and 508 of the Illinois Controlled
Substances Act, the Director and agents appointed and authorized by
the Director may expend such sums from the Professional Regulation
Evidence Fund as the Director deems necessary from the amounts
appropriated for that purpose and such sums may be advanced to the
agent when the Director deems such procedure to be in the public
interest. Sums for the purchase of controlled substances,
professional services, and equipment necessary for enforcement
activities and other activities as set forth in this Section shall be
advanced to the agent who is to make such purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and such agents are authorized to maintain
one or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
HOUSE OF REPRESENTATIVES 3797
Illinois Banking Act for the deposit and withdrawal of moneys to be
used for the purposes set forth in this Section; provided, that no
check may be written nor any withdrawal made from any such account
except upon the written signatures of 2 persons designated by the
Director to write such checks and make such withdrawals. Vouchers
for such expenditures must be signed by the Director and all such
expenditures shall be audited by the Director and the audit shall be
submitted to the Department of Central Management Services for
approval.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for the
purpose of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with the
requirements of subsection 22 of Section 55a of the Civil
Administrative Code of Illinois, the Department of State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the
request.
The provisions of this Section do not apply to private business
and vocational schools as defined by Section 1 of the Private
Business and Vocational Schools Act.
Beginning July 1, 1995, this Section does not apply to those
professions, trades, and occupations licensed under the Real Estate
License Act of 1983 nor does it apply to any permits, certificates,
or other authorizations to do business provided for in the Land Sales
Registration Act of 1989 or the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, eff.
8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, eff.
7-1-97.)
Section 920. The Civil Administrative Code of Illinois is
amended by changing Section 39b12 as follows:
(20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 39b12. Exchange of information.
(a) To exchange with any State, or local subdivisions thereof,
or with the federal government, except when specifically prohibited
by law, any information which may be necessary to efficient tax
administration and which may be acquired as a result of the
administration of the above laws.
(b) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Revenue shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection (b) or for any other action taken in good faith
to comply with the requirements of this subsection (b).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 925. The Counties Code is amended by changing Section
3-5036.5 as follows:
(55 ILCS 5/3-5036.5)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Illinois Department of
Public Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
3798 JOURNAL OF THE [May 11, 1999]
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Recorder shall not be liable to any person for any disclosure of
information to the Illinois Department of Public Aid under subsection
(a) or for any other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 930. The Collection Agency Act is amended by changing
Section 2.04 as follows:
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
Sec. 2.04. Child support indebtedness.
(a) Persons, associations, partnerships, or corporations engaged
in the business of collecting child support indebtedness owing under
a court order as provided under the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Parentage Act of 1984, or similar laws of other states are not
restricted (i) in the frequency of contact with an obligor who is in
arrears, whether by phone, mail, or other means, (ii) from contacting
the employer of an obligor who is in arrears, (iii) from publishing
or threatening to publish a list of obligors in arrears, (iv) from
disclosing or threatening to disclose an arrearage that the obligor
disputes, but for which a verified notice of delinquency has been
served under the Income Withholding for Support Act (or any of its
predecessors, Section 10-16.2 of the Illinois Public Aid Code,
Section 706.1 of the Illinois Marriage and Dissolution of Marriage
Act, Section 4.1 of the Non-Support of Spouse and Children Act,
Section 26.1 of the Revised Uniform Reciprocal Enforcement of Support
Act, or Section 20 of the Illinois Parentage Act of 1984), or (v)
from engaging in conduct that would not cause a reasonable person
mental or physical illness. For purposes of this subsection,
"obligor" means an individual who owes a duty to make periodic
payments, under a court order, for the support of a child.
"Arrearage" means the total amount of an obligor's unpaid child
support obligations.
(b) The Department shall adopt rules necessary to administer and
enforce the provisions of this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 935. The Illinois Public Aid Code is amended by changing
Sections 10-3.1, 10-10, 10-17, 10-19, 10-25, 10-25.5, and 12-4.7c and
by adding Sections 4-1.6b, 10-10.4, and 12-12.1 as follows:
(305 ILCS 5/4-1.6b new)
Sec. 4-1.6b. Child support to recipients. The Department shall
pay to families receiving cash assistance under this Article who have
earned income an amount equal to whichever of the following is
greater: (1) two-thirds of the current monthly child support
collected on behalf of the members of the assistance unit; or (2) the
amount of current monthly child support collected on behalf of the
members of the assistance unit required to be paid to the family
pursuant to administrative rule. The child support passed through to
a family pursuant to this Section shall not affect the family's
eligibility for assistance or decrease any amount otherwise payable
as assistance to the family under this Article until the family's
gross income from employment, non-exempt unearned income, and the
gross current monthly child support collected on the family's behalf
equals or exceeds 3 times the payment level for the assistance unit,
at which point cash assistance to the family may be terminated.
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
HOUSE OF REPRESENTATIVES 3799
Department shall establish within its administrative staff a Child
and Spouse Support Unit to search for and locate absent parents and
spouses liable for the support of persons resident in this State and
to exercise the support enforcement powers and responsibilities
assigned the Department by this Article. The unit shall cooperate
with all law enforcement officials in this State and with the
authorities of other States in locating persons responsible for the
support of persons resident in other States and shall invite the
cooperation of these authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support
Unit by this Article, the Unit may refer to the Attorney General or
units of local government with the approval of the Attorney General,
any actions under Sections 10-10 and 10-15 for judicial enforcement
of the support liability. The Child and Spouse Support Unit shall
act for the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in Section
12-16, attorneys of the Unit may assist the Attorney General or
themselves institute actions in behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support Act;
under the Illinois Parentage Act of 1984; under the Non-Support of
Spouse and Children Act; under the Non-Support Punishment Act; or
under any other law, State or Federal, providing for support of a
spouse or dependent child.
The Illinois Department shall also have the authority to enter
into agreements with local governmental units or individuals, with
the approval of the Attorney General, for the collection of moneys
owing because of the failure of a parent to make child support
payments for any child receiving services under this Article. Such
agreements may be on a contingent fee basis, but such contingent fee
shall not exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this Section
shall represent the Illinois Department exclusively. Regardless of
the designation of the plaintiff in an action brought pursuant to
this Section, an attorney-client relationship does not exist for
purposes of that action between that attorney and (i) an applicant
for or recipient of child and spouse support services or (ii) any
other party to the action other than the Illinois Department.
Nothing in this Section shall be construed to modify any power or
duty (including a duty to maintain confidentiality) of the Child and
Spouse Support Unit or the Illinois Department otherwise provided by
law.
The Illinois Department may also enter into agreements with local
governmental units for the Child and Spouse Support Unit to exercise
the investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11,
in locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments obtained
shall be deposited into the Public Assistance Recoveries Trust Fund.
Support payments shall be paid over to the General Assistance Fund of
the local governmental unit at such time or times as the agreement
may specify.
With respect to those cases in which it has support enforcement
powers and responsibilities under this Article, the Illinois
Department may provide by rule for periodic or other review of each
administrative and court order for support to determine whether a
modification of the order should be sought. The Illinois Department
shall provide for and conduct such review in accordance with any
applicable federal law and regulation.
As part of its process for review of orders for support, the
3800 JOURNAL OF THE [May 11, 1999]
Illinois Department, through written notice, may require the
responsible relative to disclose his or her Social Security Number
and past and present information concerning the relative's address,
employment, gross wages, deductions from gross wages, net wages,
bonuses, commissions, number of dependent exemptions claimed,
individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide
support in a case receiving child and spouse support services under
this Article X.
The Illinois Department may send a written request for the same
information to the relative's employer. The employer shall respond
to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to
fully respond within the 15-day period, the employer shall pay a
penalty of $100 for each day that the response is not provided to the
Illinois Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought against the
employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to
this Section shall consist of (i) a citation of this Section as the
statutory authority for the request and for the employer's obligation
to provide the requested information, (ii) a returnable form setting
forth the employer's name and address and listing the name of the
employee with respect to whom information is requested, and (iii) a
citation of this Section as the statutory authority authorizing the
employer to withhold a fee of up to $20 from the wages or income to
be paid to each responsible relative for providing the information to
the Illinois Department within the 15-day period. If the employer is
withholding support payments from the responsible relative's income
pursuant to an order for withholding, the employer may withhold the
fee provided for in this Section only after withholding support as
required under the order. Any amounts withheld from the responsible
relative's income for payment of support and the fee provided for in
this Section shall not be in excess of the amounts permitted under
the federal Consumer Credit Protection Act.
In a case receiving child and spouse support services, the
Illinois Department may request and obtain information from a
particular employer under this Section no more than once in any
12-month period, unless the information is necessary to conduct a
review of a court or administrative order for support at the request
of the person receiving child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and Spouse
Support Unit information supplied by persons applying for or
receiving child and spouse support services under Section 10-1. In
addition, the Illinois Department shall address and respond to any
alleged deficiencies that persons receiving or applying for services
from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by the
Child and Spouse Support Unit that affects his or her case, a
recipient of or applicant for child and spouse support services under
Article X of this Code may request an explanation of the Unit's
handling of the case. At the requestor's option, the explanation may
be provided either orally in an interview, in writing, or both. If
the Illinois Department fails to respond to the request for an
explanation or fails to respond in a manner satisfactory to the
applicant or recipient within 30 days from the date of the request
for an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of the
Administrator of the Child and Spouse Support Unit. A request for a
HOUSE OF REPRESENTATIVES 3801
conference may be submitted at any time within 60 days after the
explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has
expired.
The applicant or recipient may request a conference concerning
any decision denying or terminating child or spouse support services
under Article X of this Code, and the applicant or recipient may also
request a conference concerning the Unit's failure to provide
services or the provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the Child and
Spouse Support Unit includes all local governmental units or
individuals with whom the Illinois Department has contracted under
Section 10-3.1.
Upon receipt of a timely request for a conference, the Office of
the Administrator shall review the case. The applicant or recipient
requesting the conference shall be entitled, at his or her option, to
appear in person or to participate in the conference by telephone.
The applicant or recipient requesting the conference shall be
entitled to be represented and to be afforded a reasonable
opportunity to review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient requesting
the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall
be without cost to the applicant or recipient requesting the
conference and shall be conducted by a representative of the Child or
Spouse Support Unit who did not participate in the action or inaction
being reviewed.
The Office of the Administrator shall conduct a conference and
inform all interested parties, in writing, of the results of the
conference within 60 days from the date of filing of the request for
a conference.
In addition to its other powers and responsibilities established
by this Article, the Child and Spouse Support Unit shall conduct an
annual assessment of each institution's program for institution based
paternity establishment under Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to persons who
are not applicants or recipients. Except where the Illinois
Department, by agreement, acts for the local governmental unit, as
provided in Section 10-3.1, local governmental units shall refer to
the State's Attorney or to the proper legal representative of the
governmental unit, for judicial enforcement as herein provided,
instances of non-support or insufficient support when the dependents
are applicants or recipients under Article VI. The Child and Spouse
Support Unit established by Section 10-3.1 may institute in behalf of
the Illinois Department any actions under this Section for judicial
enforcement of the support liability when the dependents are (a)
applicants or recipients under Articles III, IV, V or VII (b)
applicants or recipients in a local governmental unit when the
Illinois Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in Section
10-1. Where the Child and Spouse Support Unit has exercised its
option and discretion not to apply the provisions of Sections 10-3
through 10-8, the failure by the Unit to apply such provisions shall
not be a bar to bringing an action under this Section.
Action shall be brought in the circuit court to obtain support,
or for the recovery of aid granted during the period such support was
not provided, or both for the obtainment of support and the recovery
of the aid provided. Actions for the recovery of aid may be taken
3802 JOURNAL OF THE [May 11, 1999]
separately or they may be consolidated with actions to obtain
support. Such actions may be brought in the name of the person or
persons requiring support, or may be brought in the name of the
Illinois Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys for the
support of the person as may be just and equitable and may direct
payment thereof for such period or periods of time as the
circumstances require, including support for a period before the date
the order for support is entered. The order may be entered against
any or all of the defendant responsible relatives and may be based
upon the proportionate ability of each to contribute to the person's
support.
The Court shall determine the amount of child support (including
child support for a period before the date the order for child
support is entered) by using the guidelines and standards set forth
in subsection (a) of Section 505 and in Section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act. For purposes of determining
the amount of child support to be paid for a period before the date
the order for child support is entered, there is a rebuttable
presumption that the responsible relative's net income for that
period was the same as his or her net income at the time the order is
entered.
If (i) the responsible relative was properly served with a
request for discovery of financial information relating to the
responsible relative's ability to provide child support, (ii) the
responsible relative failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the responsible
relative is not present at the hearing to determine support despite
having received proper notice, then any relevant financial
information concerning the responsible relative's ability to provide
child support that was obtained pursuant to subpoena and proper
notice shall be admitted into evidence without the need to establish
any further foundation for its admission.
An order entered under this Section shall include a provision
requiring the obligor to report to the obligee and to the clerk of
court within 10 days each time the obligor obtains new employment,
and each time the obligor's employment is terminated for any reason.
The report shall be in writing and shall, in the case of new
employment, include the name and address of the new employer. Failure
to report new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For any obligor arrested for failure
to report new employment bond shall be set in the amount of the child
support that should have been paid during the period of unreported
employment. An order entered under this Section shall also include a
provision requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change except
when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously
endangered by disclosure of the party's address.
The Court shall determine the amount of maintenance using the
standards set forth in Section 504 of the Illinois Marriage and
Dissolution of Marriage Act.
Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each such judgment shall have the full force, effect and
HOUSE OF REPRESENTATIVES 3803
attributes of any other judgment of this State, including the ability
to be enforced. Any such judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
When an order is entered for the support of a minor, the court
may provide therein for reasonable visitation of the minor by the
person or persons who provided support pursuant to the order.
Whoever willfully refuses to comply with such visitation order or
willfully interferes with its enforcement may be declared in contempt
of court and punished therefor.
Except where the local governmental unit has entered into an
agreement with the Illinois Department for the Child and Spouse
Support Unit to act for it, as provided in Section 10-3.1, support
orders entered by the court in cases involving applicants or
recipients under Article VI shall provide that payments thereunder be
made directly to the local governmental unit. Orders for the support
of all other applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In accordance
with federal law and regulations, the Illinois Department may
continue to collect current maintenance payments or child support
payments, or both, after those persons cease to receive public
assistance and until termination of services under Article X. The
Illinois Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the collection
or any collection fee from the amount of any recovery made. In both
cases the order shall permit the local governmental unit or the
Illinois Department, as the case may be, to direct the responsible
relative or relatives to make support payments directly to the needy
person, or to some person or agency in his behalf, upon removal of
the person from the public aid rolls or upon termination of services
under Article X.
If the notice of support due issued pursuant to Section 10-7
directs that support payments be made directly to the needy person,
or to some person or agency in his behalf, and the recipient is
removed from the public aid rolls, court action may be taken against
the responsible relative hereunder if he fails to furnish support in
accordance with the terms of such notice.
Actions may also be brought under this Section in behalf of any
person who is in need of support from responsible relatives, as
defined in Section 2-11 of Article II who is not an applicant for or
recipient of financial aid under this Code. In such instances, the
State's Attorney of the county in which such person resides shall
bring action against the responsible relatives hereunder. If the
Illinois Department, as authorized by Section 10-1, extends the
support services provided by this Article to spouses and dependent
children who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1 shall
bring action against the responsible relatives hereunder and any
support orders entered by the court in such cases shall provide that
payments thereunder be made directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or enforce
a child support or maintenance obligation that the person owing a
duty of support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary, listing
or other memorandum of his or her efforts in accordance with such
order. Additionally, the court may order the unemployed person to
report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
3804 JOURNAL OF THE [May 11, 1999]
Partnership Act provider for participation in job search, training or
work programs and where the duty of support is owed to a child
receiving support services under this Article X, the court may order
the unemployed person to report to the Illinois Department for
participation in job search, training or work programs established
under Section 9-6 and Article IXA of this Code.
Whenever it is determined that a person owes past-due support for
a child receiving assistance under this Code, the court shall order
at the request of the Illinois Department:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of this Code as the
court deems appropriate.
A determination under this Section shall not be administratively
reviewable by the procedures specified in Sections 10-12, and 10-13
to 10-13.10. Any determination under these Sections, if made the
basis of court action under this Section, shall not affect the de
novo judicial determination required under this Section.
A one-time charge of 20% is imposable upon the amount of past-due
child support owed on July 1, 1988 which has accrued under a support
order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of this Code and
shall be enforced by the court upon petition.
All orders for support, when entered or modified, shall include a
provision requiring the non-custodial parent to notify the court and,
in cases in which a party is receiving child and spouse support
services under this Article X, the Illinois Department, within 7
days, (i) of the name, address, and telephone number of any new
employer of the non-custodial parent, (ii) whether the non-custodial
parent has access to health insurance coverage through the employer
or other group coverage and, if so, the policy name and number and
the names of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a support
order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of
process or provision of notice necessary in the case may be made at
the last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
in accordance with the Income Withholding for Support Act
An order for support shall include a date on which the current
support obligation terminates. The termination date shall be no
earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order
for support shall state that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this
paragraph shall be construed to prevent the court from modifying the
order.
Upon notification in writing or by electronic transmission from
the Illinois Department to the clerk of the court that a person who
is receiving support payments under this Section is receiving
services under the Child Support Enforcement Program established by
Title IV-D of the Social Security Act, any support payments
subsequently received by the clerk of the court shall be transmitted
in accordance with the instructions of the Illinois Department until
the Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification authorized
HOUSE OF REPRESENTATIVES 3805
under this paragraph, the Illinois Department shall be entitled as a
party to notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department's notification
in the court file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall be as
provided in Sections 12-9 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff.
7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
(305 ILCS 5/10-10.4 new)
Sec. 10-10.4. Continuances in support enforcement cases. Each
party shall be granted no more than 2 continuances in a court
proceeding for the enforcement of a support order.
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other Actions and Remedies for Support.) The
procedures, actions and remedies provided in this Article shall in no
way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the "Paternity Act", approved July 5, 1957,
as amended; (b) the "Non-Support of Spouse and Children Act",
approved June 24, 1915, as amended; (b-5) the Non-Support Punishment
Act; and (c) the "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended.
(Source: P.A. 79-474.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws - Where
Deposited.) The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the
support of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved June 24,
1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act", as now
or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support Act",
approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of 1987, as
amended,
6. The "Unified Code of Corrections", approved July 26, 1972, as
amended,
7. Part 7 of Article XII of the Code of Civil Procedure, as
amended,
8. Part 8 of Article XII of the Code of Civil Procedure, as
amended, and
9. Other laws which may provide by judicial order for direct
payment of support moneys.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall be as
3806 JOURNAL OF THE [May 11, 1999]
provided in Sections 12-9 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real property for
past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their real property in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a legal description of the real
property to be levied, the fact that a lien is being claimed for
past-due child support, and such other information as the Illinois
Department may by rule prescribe. The Illinois Department shall
record the notice of lien with the recorder or registrar of titles of
the county or counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be enforceable
upon the recording or filing of a notice of lien with the recorder or
registrar of titles of the county or counties in which the real
estate is located. The lien shall be prior to any lien thereafter
recorded or filed and shall be notice to a subsequent purchaser,
assignor, or encumbrancer of the existence and nature of the lien.
The lien shall be inferior to the lien of general taxes, special
assessment, and special taxes heretofore or hereafter levied by any
political subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the notice
of lien is registered under the Registered Titles (Torrens) Act, the
notice shall be filed in the office of the registrar of titles as a
memorial or charge upon each folium of the register of titles
affected by the notice; but the State shall not have a preference
over the rights of any bona fide purchaser, mortgagee, judgment
creditor, or other lien holders registered prior to the registration
of the notice.
(e) The recorder or registrar of titles of each county shall
procure a file labeled "Child Support Lien Notices" and an index book
labeled "Child Support Lien Notices". When notice of any lien is
presented to the recorder or registrar of titles for filing, the
recorder or registrar of titles shall file it in numerical order in
the file and shall enter it alphabetically in the index. The entry
shall show the name and last known address of the person named in the
notice, the serial number of the notice, the date and hour of filing,
and the amount of child support due at the time when the lien is
filed.
(f) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(g) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
HOUSE OF REPRESENTATIVES 3807
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, pay balances due on land
contracts, or pay or cause to be satisfied any prior liens on the
property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be released
pursuant to Section 12-101 of the Code of Civil Procedure.
(i) The Illinois Department, acting in behalf of the State, may
foreclose the lien in a judicial proceeding to the same extent and in
the same manner as in the enforcement of other liens. The process,
practice, and procedure for the foreclosure shall be the same as
provided in the Code of Civil Procedure.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their personal property,
including any account in a financial institution as defined in
Section 10-24, or in the case of an insurance company or benefit
association only in accounts as defined in Section 10-24, in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a description of the property to
be levied, the fact that a lien is being claimed for past-due child
support, and such other information as the Illinois Department may by
rule prescribe. The Illinois Department may serve the notice of lien
or levy upon any financial institution where the accounts as defined
in Section 10-24 of the responsible relative may be held, for
encumbrance or surrender of the accounts as defined in Section 10-24
by the financial institution.
(d) The Illinois Department shall enforce its lien against the
responsible relative's personal property, other than accounts as
defined in Section 10-24 in financial institutions, and levy upon
such personal property in the manner provided for enforcement of
judgments contained in Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(f) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, or pay or cause to be satisfied
any prior liens on the property to which the lien hereunder applies.
(g) A lien on personal property under this Section shall be
released in the manner provided under Article XII of the Code of
Civil Procedure. Notwithstanding the foregoing, a lien under this
Section on accounts as defined in Section 10-24 shall expire upon the
passage of 120 days from the date of issuance of the Notice of Lien
or Levy by the Illinois Department. However, the lien shall remain
3808 JOURNAL OF THE [May 11, 1999]
in effect during the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien holder or
any prior right of set-off that the financial institution may have
against the assets, or in the case of an insurance company or benefit
association only in the accounts as defined in Section 10-24.
(i) A financial institution has no obligation under this Section
to hold, encumber, or surrender the assets, or in the case of an
insurance company or benefit association only the accounts as defined
in Section 10-24, until the financial institution has been properly
served with a subpoena, summons, warrant, court or administrative
order, or administrative lien and levy requiring that action.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-4.7c)
Sec. 12-4.7c. Exchange of information after July 1, 1997.
(a) The Department of Human Services shall exchange with the
Illinois Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant to
Sections 10-10 and 10-11 of this Code or pursuant to the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Human Services shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-12.1 new)
Sec. 12-12.1. World Wide Web page. The Illinois Department of
Public Aid shall create and maintain or cause to be created and
maintained one or more World Wide Web pages containing information on
selected individuals who are in arrears in their child support
obligations under an Illinois court order or administrative order.
The information regarding each of the individuals shall include the
individual's name, a photograph if available, the amount of the child
support arrearage, and any other information deemed appropriate by
the Illinois Department in its discretion. The individuals may be
chosen by the Illinois Department using criteria including, but not
limited to, the amount of the arrearage, the effect of inclusion of
an individual upon the likelihood of the individual's payment of an
arrearage, the motivational effect that inclusion of an individual
may have on the willingness of other individuals to pay their
arrearages, or the need to locate a particular individual. The
Illinois Department shall make the page or pages accessible to
Internet users through the World Wide Web. The Illinois Department,
in its discretion, may change the contents of the page or pages from
time to time.
Before including information on the World Wide Web page
concerning an individual who owes past due support, the Illinois
Department shall, pursuant to rule, provide the individual with
notice and an opportunity to be heard. Any final administrative
decision rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
Section 940. The Vital Records Act is amended by changing
Section 24 as follows:
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records, to
insure their proper use, and to insure the efficient and proper
administration of the vital records system, access to vital records,
HOUSE OF REPRESENTATIVES 3809
and indexes thereof, including vital records in the custody of local
registrars and county clerks originating prior to January 1, 1916, is
limited to the custodian and his employees, and then only for
administrative purposes, except that the indexes of those records in
the custody of local registrars and county clerks, originating prior
to January 1, 1916, shall be made available to persons for the
purpose of genealogical research. Original, photographic or
microphotographic reproductions of original records of births 100
years old and older and deaths 50 years old and older, and marriage
records 75 years old and older on file in the State Office of Vital
Records and in the custody of the county clerks may be made available
for inspection in the Illinois State Archives reference area,
Illinois Regional Archives Depositories, and other libraries approved
by the Illinois State Registrar and the Director of the Illinois
State Archives, provided that the photographic or microphotographic
copies are made at no cost to the county or to the State of Illinois.
It is unlawful for any custodian to permit inspection of, or to
disclose information contained in, vital records, or to copy or
permit to be copied, all or part of any such record except as
authorized by this Act or regulations adopted pursuant thereto.
(2) The State Registrar of Vital Records, or his agent, and any
municipal, county, multi-county, public health district, or regional
health officer recognized by the Department may examine vital records
for the purpose only of carrying out the public health programs and
responsibilities under his jurisdiction.
(3) The State Registrar of Vital Records, may disclose, or
authorize the disclosure of, data contained in the vital records when
deemed essential for bona fide research purposes which are not for
private gain.
This amendatory Act of 1973 does not apply to any home rule unit.
(4) The State Registrar shall exchange with the Illinois
Department of Public Aid information that may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984. Notwithstanding any provisions in this Act to
the contrary, the State Registrar shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under this subsection or for any other action taken in
good faith to comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 945. The Illinois Vehicle Code is amended by changing
Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703 and by adding
Sections 7-702.2, 7-705.1 and 7-706.1 as follows:
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Illinois Department of Public Aid which may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
3810 JOURNAL OF THE [May 11, 1999]
under subsection (a) or for any other action taken in good faith to
comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly finds
that the timely receipt of adequate financial support has the effect
of reducing poverty and State expenditures for welfare dependency
among children, and that the timely payment of adequate child support
demonstrates financial responsibility. Further, the General Assembly
finds that the State has a compelling interest in ensuring that
drivers within the State demonstrate financial responsibility,
including family financial responsibility, in order to safely own and
operate a motor vehicle. To this end, the Secretary of State is
authorized to establish systems a system to suspend driver's licenses
for failure to comply with court orders of support.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure to pay
child support.
(a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report provided
for in subsection (a) of Section 7-703, that the person is 90 days or
more delinquent in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days obligation or
more, and has been found in contempt by the court for failure to pay
the support.
(b) The circuit court shall certify in an authenticated report
to the Secretary of State, as provided in subsection (b) of Section
7-703, when an obligor is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more but has not been found in
contempt of court. Upon receiving a certification from the circuit
court under this subsection (b), the Secretary of State shall suspend
the obligor's driver's license until such time as the obligor becomes
current in the support obligation.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving permits.
Following the entry of an order that an obligor has been found in
contempt by the court for failure to pay court ordered child support
payments or upon a motion by the obligor who has had his or her
driver's license suspended pursuant to subsection (b) of Section
7-702, the court may enter an order directing the Secretary of State
to issue a family financial responsibility driving permit for the
purpose of providing the obligor the privilege of operating a motor
vehicle between the obligor's residence and place of employment, or
within the scope of employment related duties; or for the purpose of
providing transportation for the obligor or a household member to
receive alcohol treatment, other drug treatment, or medical care.
The court may enter an order directing the issuance of a permit only
if the obligor has proven to the satisfaction of the court that no
alternative means of transportation are reasonably available for the
above stated purposes. No permit shall be issued to a person under
the age of 16 years who possesses an instruction permit.
Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted.
The family financial responsibility driving permit shall be
HOUSE OF REPRESENTATIVES 3811
subject to cancellation, invalidation, suspension, and revocation by
the Secretary of State in the same manner and for the same reasons as
a driver's license may be cancelled, invalidated, suspended, or
revoked.
The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be issued,
an individual's driving privileges must be valid except for the
family financial responsibility suspension. This permit shall be
valid only for employment and medical purposes as set forth above.
The permit shall state the days and hours for which limited driving
privileges have been granted.
Any submitted court order that contains insufficient data or
fails to comply with any provision of this Code shall not be used for
issuance of the permit or entered to the individual's driving record
but shall be returned to the court of jurisdiction indicating why the
permit cannot be issued at that time. The Secretary of State shall
also send notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/7-702.2 new)
Sec. 7-702.2. Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due
support and is subject to having his or her license suspended
pursuant to subsection (b) of Section 7-702 may come into compliance
with the court order for support by executing a written payment
agreement that is approved by the court and by complying with that
agreement. A condition of a written payment agreement must be that
the obligor pay the current child support when due. Before a written
payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form
prescribed by the court, the obligor's financial circumstances,
including income from all sources, assets, liabilities, and work
history for the past year; and
(2) Provide documentation to the court concerning the
obligor's financial circumstances, including copies of the most
recent State and federal income tax returns, both personal and
business; a copy of a recent pay stub representative of a current
income; and copies of other records that show the obligor's
income and the present level of assets held by the obligor.
(b) After full disclosure, the court may determine the obligor's
ability to pay past-due support and may approve a written payment
agreement consistent with the obligor's ability to pay, not to exceed
the court-ordered support.
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered
support.
(a) The clerk of the circuit court, as provided in subsection
(b) of Section 7-702 of this Act and subsection (b) of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act or as provided
in Section 15 of the Illinois Parentage Act of 1984, shall forward to
the Secretary of State, on a form prescribed by the Secretary, an
authenticated document certifying the court's order suspending the
driving privileges of the obligor. For any such certification, the
clerk of the court shall charge the obligor a fee of $5 as provided
in the Clerks of Courts Act.
(b) If an obligor is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more but has not been held in
contempt of court, the circuit court shall forward to the Secretary
of State an authenticated document certifying that an obligor is 90
3812 JOURNAL OF THE [May 11, 1999]
days or more delinquent in court ordered child support payments or
has been adjudicated in arrears in an amount equal to 90 days
obligation or more.
(Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/7-705.1 new)
Sec. 7-705.1. Notice of noncompliance with support order.
Before forwarding to the Secretary of State the authenticated report
under subsection (b) of Section 7-703, the circuit court must serve
notice upon the obligor of its intention to certify the obligor to
the Secretary of State as an individual who is not in compliance with
an order of support. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all past-due
support, the obligor may come into compliance with the support order
by executing a written payment agreement with the court, as provided
in Section 7-702.2, and by complying with that agreement;
(b) The obligor may contest the issue of compliance at a
hearing;
(c) A request for a hearing must be made in writing and must be
received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to contest the
issue of compliance, the obligor's driver's license shall be
suspended on the 45th day following the date of mailing of the notice
of noncompliance;
(e) If the circuit court certifies the obligor to the Secretary
of State for noncompliance with an order of support, the Secretary of
State must suspend any driver's license or instruction permit the
obligor holds and the obligor's right to apply for or obtain a
driver's license or instruction permit until the obligor comes into
compliance with the order of support;
(f) If the obligor files a motion to modify support with the
court or requests the court to modify a support obligation, the
circuit court shall stay action to certify the obligor to the
Secretary of State for noncompliance with an order of support; and
(g) The obligor may comply with an order of support by doing all
of the following:
(1) Paying the current support;
(2) Paying all past-due support or, if unable to pay all
past-due support and a periodic payment for past due support has
not been ordered by the court, by making periodic payments in
accordance with a written payment agreement approved by the
court; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the
clerk of the circuit court. The clerk of the circuit court shall
attach a copy of the obligor's order of support to the notice. The
notice must be served by certified mail, return receipt requested, by
service in hand, or as specified in the Code of Civil Procedure.
(625 ILCS 5/7-706.1 new)
Sec. 7-706.1. Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the
circuit court a hearing to contest the claim of noncompliance with an
order of support and his or her subsequent driver's license
suspension under subsection (b) of Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court, the clerk of the circuit court shall set the
hearing before the circuit court.
(c) Upon the obligor's written request, the court must set a
date for a hearing and afford the obligor an opportunity for a
hearing as early as practical.
(d) The scope of this hearing is limited to the following
issues:
HOUSE OF REPRESENTATIVES 3813
(1) Whether the obligor is required to pay child support
under an order of support.
(2) Whether the obligor is 90 days or more delinquent in
court ordered child support payments or has been adjudicated in
arrears in an amount equal to 90 days obligation or more.
(3) Any additional issues raised by the obligor, including
the reasonableness of a payment agreement in light of the
obligor's current financial circumstances, to be preserved for
appeal.
(e) All hearings and hearing procedures shall comply with
requirements of the Illinois Constitution and the United States
Constitution, so that no person is deprived of due process of law nor
denied equal protection of the laws. All hearings shall be held
before a judge of the circuit court in the county in which the
support order has been entered. Appropriate records of the hearings
shall be kept. Where a transcript of the hearing is taken, the
person requesting the hearing shall have the opportunity to order a
copy of the transcript at his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any driver's license shall be a final judgment for purposes of
appellate review.
Section 950. The Clerks of Courts Act is amended by adding
Section 15.1 as follows:
(705 ILCS 105/15.1 new)
Sec. 15.1. Child support information. The clerks of the circuit
courts may, upon request, cooperate with and supply information to
counties and municipalities wishing to create and maintain World Wide
Web pages containing information on individuals who are in arrears in
their child support obligations and have been found to be in contempt
of court as a result of the existence of that arrearage.
Section 955. The Unified Code of Corrections is amended by
changing Section 3-5-4 as follows:
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Illinois Department
of Public Aid information that may be necessary for the enforcement
of child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department shall not be liable to any person for any disclosure
of information to the Illinois Department of Public Aid under
subsection (a) or for any other action taken in good faith to comply
with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 1-1-97.)
Section 960. The Code of Civil Procedure is amended by changing
Sections 2-1403 and 12-819 as follows:
(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
Sec. 2-1403. Judgment debtor as beneficiary of trust. No court,
except as otherwise provided in this Section, shall order the
satisfaction of a judgment out of any property held in trust for the
judgment debtor if such trust has, in good faith, been created by, or
the fund so held in trust has proceeded from, a person other than the
judgment debtor. The income or principal of a trust shall be
subject to withholding for the purpose of securing collection of
unpaid child support obligations owed by the beneficiary as provided
in Section 4.1 of the "Non-Support of Spouse and Children Act",
3814 JOURNAL OF THE [May 11, 1999]
Section 22 of the Non-Support Punishment Act, and similar Sections of
other Acts which provide for support of a child as follows:
(1) income may be withheld if the beneficiary is entitled to a
specified dollar amount or percentage of the income of the trust, or
is the sole income beneficiary; and
(2) principal may be withheld if the beneficiary has a right to
withdraw principal, but not in excess of the amount subject to
withdrawal under the instrument, or if the beneficiary is the only
beneficiary to whom discretionary payments of principal may be made
by the trustee.
(Source: P.A. 85-1209.)
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on part 8 of Article XII. The
provisions of this Part 8 of Article XII of this Act do not apply to
orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and Children
Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 84-1043.)
Section 965. The Illinois Wage Assignment Act is amended by
changing Section 11 as follows:
(740 ILCS 170/11) (from Ch. 48, par. 39.12)
Sec. 11. The provisions of this Act do not apply to orders for
withholding of income entered by the court under provisions of The
Illinois Public Aid Code, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 83-658.)
Section 970. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Sections 505 and 713 and by adding
Sections 505.3, 714, and 715 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a proceeding for
child support following dissolution of the marriage by a court which
lacked personal jurisdiction over the absent spouse, a proceeding for
modification of a previous order for child support under Section 510
of this Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a duty of
support to a child of the marriage to pay an amount reasonable and
necessary for his support, without regard to marital misconduct. The
duty of support owed to a minor child includes the obligation to
provide for the reasonable and necessary physical, mental and
emotional health needs of the child.
(1) The Court shall determine the minimum amount of support
by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court makes a finding that application of the
HOUSE OF REPRESENTATIVES 3815
guidelines would be inappropriate, after considering the best
interests of the child in light of evidence including but not
limited to one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the custodial
parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child,
and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have been
required under the guidelines, if determinable. The court shall
include the reason or reasons for the variance from the
guidelines.
(3) "Net income" is defined as the total of all income from
all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated withholding
or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by law
or as a condition of employment;
(e) Union dues;
(f) Dependent and individual health/hospitalization
insurance premiums;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that represent
reasonable and necessary expenses for the production of
income, medical expenditures necessary to preserve life or
health, reasonable expenditures for the benefit of the child
and the other parent, exclusive of gifts. The court shall
reduce net income in determining the minimum amount of
support to be ordered only for the period that such payments
are due and shall enter an order containing provisions for
its self-executing modification upon termination of such
payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to Section
505.2 of this Act, the premiums for that insurance, or that
portion of the premiums for which the supporting party is
responsible in the case of insurance provided through an
employer's health insurance plan where the employer pays a
portion of the premiums, shall be subtracted from net income in
determining the minimum amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court is
requiring payment of support for the period before the date an
order for current support is entered, there is a rebuttable
presumption that the supporting party's net income for the prior
period was the same as his or her net income at the time the
order for current support is entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support in an
amount considered reasonable in the particular case. The final
order in all cases shall state the support level in dollar
3816 JOURNAL OF THE [May 11, 1999]
amounts.
(6) If (i) the non-custodial parent was properly served with
a request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii) the
non-custodial parent failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant
financial information concerning the non-custodial parent's
ability to provide child support that was obtained pursuant to
subpoena and proper notice shall be admitted into evidence
without the need to establish any further foundation for its
admission.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may, after
finding the parent guilty of contempt, order that the parent be:
(1) placed on probation with such conditions of probation
as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not to
exceed 6 months; provided, however, that the Court may permit the
parent to be released for periods of time during the day or night
to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings of a
parent during a sentence of periodic imprisonment paid to the Clerk
of the Circuit Court or to the parent having custody or to the
guardian having custody of the minor children of the sentenced parent
for the support of said minor children until further order of the
Court.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent and
another person or persons or business entity, the court may pierce
the ownership veil of the person, persons, or business entity to
discover assets of the non-custodial parent held in the name of that
person, those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order discovery
of the assets of a person, persons, or business entity and to compel
the application of any discovered assets toward payment on the
judgment for support:
(1) the non-custodial parent and the person, persons, or
business entity maintain records together.
(2) the non-custodial parent and the person, persons, or
business entity fail to maintain an arms length relationship
between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to perpetrate
a fraud on the custodial parent.
With respect to assets which are real property, no order entered
under this paragraph shall affect the rights of bona fide purchasers,
mortgagees, judgment creditors, or other lien holders who acquire
their interests in the property prior to the time a notice of lis
pendens pursuant to the Code of Civil Procedure or a copy of the
order is placed of record in the office of the recorder of deeds for
the county in which the real property is located.
The court may also order in cases where the parent is 90 days or
more delinquent in payment of support or has been adjudicated in
arrears in an amount equal to 90 days obligation or more, that the
parent's Illinois driving privileges be suspended until the court
HOUSE OF REPRESENTATIVES 3817
determines that the parent is in compliance with the order of
support. The court may also order that the parent be issued a family
financial responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the parent or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if ordered by
the court, subject to the provisions of Section 7-702.1 of the
Illinois Vehicle Code, issue a family financial responsibility
driving permit to the parent.
In addition to the penalties or punishment that may be imposed
under this Section, any person whose conduct constitutes a violation
of Section 1 of the Non-Support of Spouse and Children Act may be
prosecuted under that Section, and a person convicted under that
Section may be sentenced in accordance with that Section. The
sentence may include but need not be limited to a requirement that
the person perform community service under subsection (b) of that
Section or participate in a work alternative program under subsection
(c) of that Section. A person may not be required to participate in
a work alternative program under subsection (c) of that Section if
the person is currently participating in a work program pursuant to
Section 505.1 of this Act.
(c) A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued under a
support order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of the Illinois
Public Aid Code and shall be enforced by the court upon petition.
(d) Any new or existing support order entered by the court under
this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. A lien arises by operation of law against the real
and personal property of the noncustodial parent for each installment
of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of the
court in a county of 1,000,000 inhabitants or less, the order shall
direct the obligor to pay to the clerk, in addition to the child
support payments, all fees imposed by the county board under
paragraph (3) of subsection (u) of Section 27.1 of the Clerks of
Courts Act. Unless paid in cash or pursuant to an order for
withholding, the payment of the fee shall be by a separate instrument
from the support payment and shall be made to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court and, in
cases in which a party is receiving child and spouse services under
Article X of the Illinois Public Aid Code, the Illinois Department of
Public Aid, within 7 days, (i) of the name and address of any new
employer of the obligor, (ii) whether the obligor has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial parent. In
any subsequent action to enforce a support order, upon a sufficient
3818 JOURNAL OF THE [May 11, 1999]
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or provision
of notice necessary in the case may be made at the last known address
of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be
sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the
clerk of court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment. An order entered under this Section
shall also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within 5 days
of the change except when the court finds that the physical, mental,
or emotional health of a party or that of a minor child, or both,
would be seriously endangered by disclosure of the party's address.
(Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96; 89-626, eff.
8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-733, eff. 8-11-98.)
(750 ILCS 5/505.3 new)
Sec. 505.3. Continuances in support enforcement cases. Each
party shall be granted no more than 2 continuances in a court
proceeding for the enforcement of a support order.
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this Section,
"obligor" has the same meaning ascribed to such term in the Income
Withholding for Support Act.
(a) In any proceeding to enforce an order for support, where the
obligor has failed to appear in court pursuant to order of court and
after due notice thereof, the court may enter an order for the
attachment of the body of the obligor. Notices under this Section
shall be served upon the obligor either (1) by prepaid certified mail
with delivery restricted to the obligor, or (2) by personal service
on the obligor. The attachment order shall fix an amount of escrow
which is equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due and
owing. The attachment order shall direct the Sheriff of any county
in Illinois to take the obligor into custody and shall set the number
of days following release from custody for a hearing to be held at
which the obligor must appear, if he is released under subsection (c)
of this Section.
(b) If the obligor is taken into custody, the Sheriff shall take
the obligor before the court which entered the attachment order.
However, the Sheriff may release the person after he or she has
deposited the amount of escrow ordered by the court pursuant to local
procedures for the posting of bond. The Sheriff shall advise the
HOUSE OF REPRESENTATIVES 3819
obligor of the hearing date at which the obligor is required to
appear.
(c) Any escrow deposited pursuant to this Section shall be
transmitted to the Clerk of the Circuit Court for the county in which
the order for attachment of the body of the obligor was entered. Any
Clerk who receives money deposited into escrow pursuant to this
Section shall notify the obligee, public office or legal counsel
whose name appears on the attachment order of the court date at which
the obligor is required to appear and the amount deposited into
escrow. The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order pursuant to
this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition that gave
rise to the attachment order. For purposes of determining
arrearages that are due and owing by the obligor, the court shall
accept the previous sworn testimony of the obligee as true and
the appearance of the obligee shall not be required. The court
shall require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank accounts,
property and any other assets. If there is a dispute as to the
total amount of arrearages, the court shall proceed as in any
other case as to the undisputed amounts; and
(2) order the Clerk of the Circuit Court to disburse to the
obligee or public office money held in escrow pursuant to this
Section if the court finds that the amount of arrearages exceeds
the amount of the escrow. Amounts received by the obligee or
public office shall be deducted from the amount of the
arrearages.
(e) If the obligor fails to appear in court after being notified
of the court date by the Sheriff upon release from custody, the court
shall order any monies deposited into escrow to be immediately
released to the obligee or public office and shall proceed under
subsection (a) of this Section by entering another order for the
attachment of the body of the obligor.
(f) This Section shall apply to any order for support issued
under the "Illinois Marriage and Dissolution of Marriage Act",
approved September 22, 1977, as amended; the "Illinois Parentage Act
of 1984", effective July 1, 1985, as amended; the "Revised Uniform
Reciprocal Enforcement of Support Act", approved August 28, 1969, as
amended; "The Illinois Public Aid Code", approved April 11, 1967, as
amended; the Non-Support Punishment Act; and the "Non-support of
Spouse and Children Act", approved June 8, 1953, as amended.
(g) Any escrow established pursuant to this Section for the
purpose of providing support shall not be subject to fees collected
by the Clerk of the Circuit Court for any other escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 5/714 new)
Sec. 714. Willful default on support; penalties. Beginning on
the effective date of this amendatory Act of the 91st General
Assembly, a person who willfully defaults on an order for child
support issued by an Illinois court may be subject to summary
criminal contempt proceedings.
Each State agency, as defined in the Illinois State Auditing Act,
shall suspend a license or certificate issued by that agency to a
person found guilty of criminal contempt under this Section. The
suspension shall remain in effect until all defaults on an order for
child support are satisfied.
This Section applies to an order for child support issued under
3820 JOURNAL OF THE [May 11, 1999]
the Illinois Public Aid Code, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 1984, and the Revised
Uniform Reciprocal Enforcement of Support Act.
(750 ILCS 5/715 new)
Sec. 715. Information to locate obligors. As used in this
Section, "obligor" is an individual who owes a duty to make payments
under an order for child support. The State's attorney or any other
appropriate State official may request and shall receive information
from employers, telephone companies, and utility companies to locate
an obligor who has defaulted on child support payments.
Section 975. The Uniform Interstate Family Support Act is
amended by changing Section 101 as follows:
(750 ILCS 22/101)
Sec. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the age of 18,
who is or is alleged to be owed a duty of support by the individual's
parent or who is or is alleged to be the beneficiary of a support
order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse including an
unsatisfied obligation to provide support.
"Home state" means the state in which a child lived with a
parent or a person acting as parent for at least 6 consecutive months
immediately preceding the time of filing of a petition or comparable
pleading for support, and if a child is less than 6 months old, the
state in which the child lived from birth with any of them. A period
of temporary absence of any of them is counted as part of the 6-month
or other period.
"Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this State.
"Income-withholding order" means an order or other legal process
directed to an obligor's employer or other debtor, as defined by the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Public Aid Code, and the Illinois Parentage Act of 1984, to withhold
support from the income of the obligor.
"Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this Act or a law or procedure substantially
similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
"Issuing tribunal" means the tribunal that issues a support order
or renders a judgment determining parentage.
"Obligee" means:
(i) an individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(ii) a state or political subdivision to which the rights
under a duty of support or support order have been assigned or
which has independent claims based on financial assistance
provided to an individual obligee; or
(iii) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a decedent: (i)
who owes or is alleged to owe a duty of support; (ii) who is alleged
HOUSE OF REPRESENTATIVES 3821
but has not been adjudicated to be a parent of a child; or (iii) who
is liable under a support order.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign Support
Orders.
"Registering tribunal" means a tribunal in which a support order
is registered.
"Responding state" means a state in which a proceeding is filed
or to which a proceeding is forwarded for filing from an initiating
state under this Act or a law or procedure substantially similar to
this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a spouse or
former spouse of the obligor.
"State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term includes:
(i) an Indian tribe; and
(ii) a foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures under
this Act, the Uniform Reciprocal Enforcement of Support Act, or
the Revised Uniform Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or agency
authorized to seek:
(1) enforcement of support orders or laws relating to the duty
of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
"Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a
child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding, attorney's
fees, and other relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.
(Source: P.A. 90-240, eff. 7-28-97.)
Section 980. The Illinois Parentage Act of 1984 is amended by
changing Sections 6 and 14 and by adding Section 15.3 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship by
Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of the
Vital Records Act or Section 10-17.7 of the Illinois Public Aid Code.
The voluntary acknowledgment of parentage shall contain the social
security numbers of the persons signing the voluntary acknowledgment
of parentage; however, failure to include the social security numbers
of the persons signing a voluntary acknowledgment of parentage does
not invalidate the voluntary acknowledgment of parentage.
(b) Notwithstanding any other provisions of this Act, paternity
established in accordance with subsection (a) has the full force and
effect of a judgment entered under this Act and serves as a basis for
seeking a child support order without any further proceedings to
establish paternity.
3822 JOURNAL OF THE [May 11, 1999]
(c) A judicial or administrative proceeding to ratify paternity
established in accordance with subsection (a) is neither required nor
permitted.
(d) A signed acknowledgment of paternity entered under this Act
may be challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of the challenge to the
acknowledgment of paternity, the legal responsibilities of the
signatories shall remain in full force and effect, except upon order
of the court upon a showing of good cause.
(e) Once a parent and child relationship is established in
accordance with subsection (a), an order for support may be
established pursuant to a petition to establish an order for support
by consent filed with the clerk of the circuit court. A copy of the
properly completed acknowledgment of parentage form shall be attached
to the petition. The petition shall ask that the circuit court enter
an order for support. The petition may ask that an order for
visitation, custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall be
waived for all cases in which an acknowledgment of parentage form has
been properly completed by the parties and in which a petition to
establish an order for support by consent has been filed with the
clerk of the circuit court. This subsection shall not be construed
to prohibit filing any petition for child support, visitation, or
custody under this Act, the Illinois Marriage and Dissolution of
Marriage Act, or the Non-Support Punishment of Spouse and Children
Act. This subsection shall also not be construed to prevent the
establishment of an administrative support order in cases involving
persons receiving child support enforcement services under Article X
of the Illinois Public Aid Code.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support and may
contain provisions concerning the custody and guardianship of the
child, visitation privileges with the child, the furnishing of bond
or other security for the payment of the judgment, which the court
shall determine in accordance with the relevant factors set forth in
the Illinois Marriage and Dissolution of Marriage Act and any other
applicable law of Illinois, to guide the court in a finding in the
best interests of the child. In determining custody, joint custody,
or visitation, the court shall apply the relevant standards of the
Illinois Marriage and Dissolution of Marriage Act. Specifically, in
determining the amount of any child support award, the court shall
use the guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act. For purposes of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, "net income" of
the non-custodial parent shall include any benefits available to that
person under the Illinois Public Aid Code or from other federal,
State or local government-funded programs. The court shall, in any
event and regardless of the amount of the non-custodial parent's net
income, in its judgment order the non-custodial parent to pay child
support to the custodial parent in a minimum amount of not less than
$10 per month. In an action brought within 2 years after a child's
birth, the judgment or order may direct either parent to pay the
reasonable expenses incurred by either parent related to the mother's
pregnancy and the delivery of the child. The judgment or order shall
contain the father's social security number, which the father shall
disclose to the court; however, failure to include the father's
HOUSE OF REPRESENTATIVES 3823
social security number on the judgment or order does not invalidate
the judgment or order.
(2) If a judgment of parentage contains no explicit award of
custody, the establishment of a support obligation or of visitation
rights in one parent shall be considered a judgment granting custody
to the other parent. If the parentage judgment contains no such
provisions, custody shall be presumed to be with the mother; however,
the presumption shall not apply if the father has had physical
custody for at least 6 months prior to the date that the mother seeks
to enforce custodial rights.
(b) The court shall order all child support payments, determined
in accordance with such guidelines, to commence with the date summons
is served. The level of current periodic support payments shall not
be reduced because of payments set for the period prior to the date
of entry of the support order. The Court may order any child support
payments to be made for a period prior to the commencement of the
action. In determining whether and the extent to which the payments
shall be made for any prior period, the court shall consider all
relevant facts, including the factors for determining the amount of
support specified in the Illinois Marriage and Dissolution of
Marriage Act and other equitable factors including but not limited
to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to help raise
or support the child.
(3) The extent to which the mother or the public agency
bringing the action previously informed the father of the child's
needs or attempted to seek or require his help in raising or
supporting the child.
(4) The reasons the mother or the public agency did not
file the action earlier.
(5) The extent to which the father would be prejudiced by
the delay in bringing the action.
For purposes of determining the amount of child support to be
paid for any period before the date the order for current child
support is entered, there is a rebuttable presumption that the
father's net income for the prior period was the same as his net
income at the time the order for current child support is entered.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii) the
non-custodial parent failed to comply with the request, despite
having been ordered to do so by the court, and (iii) the
non-custodial parent is not present at the hearing to determine
support despite having received proper notice, then any relevant
financial information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to subpoena and
proper notice shall be admitted into evidence without the need to
establish any further foundation for its admission.
(c) Any new or existing support order entered by the court under
this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each judgment to be in
the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. A lien arises by operation of law against the real
and personal property of the noncustodial parent for each installment
of overdue support owed by the noncustodial parent.
3824 JOURNAL OF THE [May 11, 1999]
(d) If the judgment or order of the court is at variance with
the child's birth certificate, the court shall order that a new birth
certificate be issued under the Vital Records Act.
(e) On request of the mother and the father, the court shall
order a change in the child's name. After hearing evidence the court
may stay payment of support during the period of the father's
minority or period of disability.
(f) If, upon a showing of proper service, the father fails to
appear in court, or otherwise appear as provided by law, the court
may proceed to hear the cause upon testimony of the mother or other
parties taken in open court and shall enter a judgment by default.
The court may reserve any order as to the amount of child support
until the father has received notice, by regular mail, of a hearing
on the matter.
(g) A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued under a
support order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of the Illinois
Public Aid Code and shall be enforced by the court upon petition.
(h) All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to notify the
court and, in cases in which party is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, the
Illinois Department of Public Aid, within 7 days, (i) of the name and
address of any new employer of the non-custodial parent, (ii) whether
the non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the policy
name and number and the names of persons covered under the policy,
and (iii) of any new residential or mailing address or telephone
number of the non-custodial parent. In any subsequent action to
enforce a support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the non-custodial
parent, service of process or provision of notice necessary in the
case may be made at the last known address of the non-custodial
parent in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for purposes
of due process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order
for support shall state that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
(j) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to the
clerk of court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment. An order entered under this Section
shall also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within 5 days
of the change except when the court finds that the physical, mental,
or emotional health of a party or that of a minor child, or both,
HOUSE OF REPRESENTATIVES 3825
would be seriously endangered by disclosure of the party's address.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff.
7-30-98.)
(750 ILCS 45/15.3 new)
Sec. 15.3. Continuances in support enforcement cases. Each party
shall be granted no more than 2 continuances in a court proceeding
for the enforcement of a support order.
Section 985. The Business Corporation Act of 1983 is amended by
changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of information.
(a) The Secretary of State shall publish each year a list of
corporations filing an annual report for the preceding year in
accordance with the provisions of this Act, which report shall state
the name of the corporation and the respective names and addresses of
the president, secretary, and registered agent thereof and the
address of the registered office in this State of each such
corporation. The Secretary of State shall furnish without charge a
copy of such report to each recorder of this State, and to each
member of the General Assembly and to each State agency or department
requesting the same. The Secretary of State shall, upon receipt of a
written request and a fee as determined by the Secretary, furnish
such report to anyone else.
(b) (1) The Secretary of State shall publish daily a list of all
newly formed corporations, business and not for profit, chartered by
him on that day issued after receipt of the application. The daily
list shall contain the same information as to each corporation as is
provided for the corporation list published under subsection (a) of
this Section. The daily list may be obtained at the Secretary's
office by any person, newspaper, State department or agency, or local
government for a reasonable charge to be determined by the Secretary.
Inspection of the daily list may be made at the Secretary's office
during normal business hours without charge by any person, newspaper,
State department or agency, or local government.
(2) The Secretary shall compile the daily list mentioned in
paragraph (1) of subsection (b) of this Section monthly, or more
often at the Secretary's discretion. The compilation shall be
immediately mailed free of charge to all local governments requesting
in writing receipt of such publication, or shall be automatically
mailed by the Secretary without charge to local governments as
determined by the Secretary. The Secretary shall mail a copy of the
compilations free of charge to all State departments or agencies
making a written request. A request for a compilation of the daily
list once made by a local government or State department or agency
need not be renewed. However, the Secretary may request from time to
time whether the local governments or State departments or agencies
desire to continue receiving the compilation.
(3) The compilations of the daily list mentioned in paragraph
(2) of subsection (b) of this Section shall be mailed to newspapers,
or any other person not included as a recipient in paragraph (2) of
subsection (b) of this Section, upon receipt of a written application
signed by the applicant and accompanied by the payment of a fee as
determined by the Secretary.
(c) If a domestic or foreign corporation has filed with the
Secretary of State an annual report for the preceding year or has
been newly formed or is otherwise and in any manner registered with
the Secretary of State, the Secretary of State shall exchange with
the Illinois Department of Public Aid any information concerning that
corporation that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
3826 JOURNAL OF THE [May 11, 1999]
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 990. The Limited Liability Company Act is amended by
changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange of
information.
(a) The Secretary of State may publish a list or lists of
limited liability companies and foreign limited liability companies,
as often, in the format, and for the fees as the Secretary of State
may in his or her discretion provide by rule. The Secretary of State
may disseminate information concerning limited liability companies
and foreign limited liability companies by computer network in the
format and for the fees as may be determined by rule.
(b) Upon written request, any list published under subsection
(a) shall be free to each member of the General Assembly, to each
State agency or department, and to each recorder in this State. An
appropriate fee established by rule to cover the cost of producing
the list shall be charged to all others.
(c) If a domestic or foreign limited liability company has filed
with the Secretary of State an annual report for the preceding year
or has been newly formed or is otherwise and in any manner registered
with the Secretary of State, the Secretary of State shall exchange
with the Illinois Department of Public Aid any information concerning
that limited liability company that may be necessary for the
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 15/Act rep.)
Section 992. Repealer. The Non-Support of Spouse and Children
Act is repealed.
Section 995. Certain actions to be determined under prior law.
An action that was commenced under the Non-Support of Spouse and
Children Act and is pending on the effective date of this Act shall
be decided in accordance with the Non-Support of Spouse and Children
Act as it existed immediately before its repeal by this Act.
Section 999. Effective date. This Act takes effect on October
1, 1999.".
AMENDMENT NO. 2 TO SENATE BILL 19
AMENDMENT NO. 2. Amend Senate Bill 19, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
3, line 10, by replacing "$10,000" with "$25,000".
HOUSE OF REPRESENTATIVES 3827
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was held on
the order of Second Reading.
SENATE BILL 203. Having been read by title a second time on
March 4, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Hoffman offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 203
AMENDMENT NO. 2. Amend Senate Bill 203, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 11-208 as follows:
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power
from:
1. Regulating the standing or parking of vehicles, except
as limited by Section 11-1306 of this Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or assemblages on
the highways;
4. Designating particular highways as one-way highways and
requiring that all vehicles thereon be moved in one specific
direction;
5. Regulating the speed of vehicles in public parks subject
to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all vehicles
stop before entering or crossing the same or designating any
intersection as a stop intersection or a yield right-of-way
intersection and requiring all vehicles to stop or yield the
right-of-way at one or more entrances to such intersections;
7. Restricting the use of highways as authorized in Chapter
15;
8. Regulating the operation of bicycles and requiring the
registration and licensing of same, including the requirement of
a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section 11-1301.3 as
penalties for use of any parking place reserved for persons with
disabilities, as defined by Section 1-159.1, or disabled veterans
by any person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or
device as defined in Section 11-1301.2 as evidence that the
vehicle is operated by or for a person with disabilities or
disabled veteran;
3828 JOURNAL OF THE [May 11, 1999]
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of Section
3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections 1, 4,
5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective until
signs giving reasonable notice of such local traffic regulations are
posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle
upon the roadways of such municipality with headlamps on high beam or
bright.
(d) The provisions of this Code shall not be deemed to prevent
local authorities within the reasonable exercise of their police
power from prohibiting, on private property, the unauthorized use of
parking spaces reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may
enact or enforce an ordinance that applies only to motorcycles if the
principal purpose for that ordinance is to restrict the access of
motorcycles to any highway or portion of a highway for which federal
or State funds have been used for the planning, design, construction,
or maintenance of that highway. No unit of local government,
including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this
subsection (e) shall affect the authority of a unit of local
government to regulate motorcycles for traffic control purposes or in
accordance with Section 12-602 of this Code. No unit of local
government, including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. 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.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was again held on the order of
Second Reading.
RECALLS
By unanimous consent, on motion of Representative Hoffman, SENATE
BILL 27 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 441. Having been printed, was taken up and read by
title a second time.
Representative Woolard offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 441
AMENDMENT NO. 1. Amend Senate Bill 441 by replacing the title
with the following:
HOUSE OF REPRESENTATIVES 3829
"AN ACT concerning higher education."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Cooperative Work Study Program Act is
amended by changing Section 3 as follows:
(110 ILCS 225/3) (from Ch. 144, par. 2953)
Sec. 3. Creation and implementation of program. A program of
financial assistance to support student cooperative work study
programs in higher education is established to benefit students
academically and financially, reduce reliance on loans, enhance
public-private sector partnerships, and encourage students to seek
permanent employment in Illinois.
The Board shall administer the program of financial assistance
and shall distribute the funds appropriated by the General Assembly
for this purpose in the form of grants to public or nonpublic
institutions of higher education to expand opportunities for students
to pursue internships, clinical placement, cooperative programs with
business and industry, and other work opportunities linked to a
student's academic program. In awarding grants under this Act, the
Board shall consider whether programs:
(1) strengthen cooperation between higher education,
business, industry, and government;
(2) promote school/college partnerships;
(3) encourage social and community service activities;
(4) maximize the use of matching contributions from
business and industry, governmental and social agencies, and
participating colleges and universities to support student wages;
(5) create new opportunities for partnerships between the
public and private sectors;
(6) integrate other components of student financial aid to
reduce reliance on student loans; and
(7) meet other criteria that the Board determines are
appropriate.
The Board shall assure that a representative number of the grants
support cooperative work study programs that support work experiences
for students in academic programs related to of engineering, science,
math, information technology, and education.
No grant may be awarded under this Section for any program of
sectarian instruction or for any program designed to serve a
sectarian purpose.
As part of its administration of the Act, the Board may require
evaluations, audits or reports in relation to fiscal and academic
aspects of any program for which a grant is awarded under this Act.
The Board shall annually submit to the Governor and General Assembly
a budgetary recommendation for grants under this Act.
The Board may adopt rules it deems necessary for administration
of this Act.
(Source: P.A. 87-513.)
Section 10. The Public Community College Act is amended by
changing Section 3-37 as follows:
(110 ILCS 805/3-37) (from Ch. 122, par. 103-37)
Sec. 3-37. To build, buy or lease suitable buildings upon a site
approved by the State Board and issue bonds, in the manner provided
in Article IIIA, or, with the prior approval of the Board of Higher
Education and the Illinois Community College Board, enter into an
installment loan arrangement with a financial institution with a
payback period of less than 20 years provided the board has entered
into a contractual agreement which provides sufficient revenue to pay
such loan in full from sources other than local taxes, tuition, or
State appropriations and to provide adequate additional operation and
maintenance funding for the term of the agreement, for the purpose of
borrowing money to buy sites and to either or both buy or build and
3830 JOURNAL OF THE [May 11, 1999]
equip buildings and improvements, and for the purpose of transferring
funds to the Illinois Building Authority.
Any provision in a contractual agreement providing for an
installment loan agreement authorized by this Section that obligates
the State of Illinois is against public policy and shall be null and
void.
(Source: P.A. 83-576.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
Representative Erwin offered the following amendments and moved
their adoption:
AMENDMENT NO. 2 TO SENATE BILL 441
AMENDMENT NO. 2. Amend Senate Bill 441, AS AMENDED, immediately
below the enacting clause, by inserting the following:
"Section 3. The Board of Higher Education Act is amended by
changing Section 9.28 as follows:
(110 ILCS 205/9.28)
Sec. 9.28. 9.27. Graduation incentive grant program.
(a) The graduation incentive grant program is hereby created.
The program shall be implemented and administered by the Board of
Higher Education to provide grant incentives to public universities
that offer their undergraduate students contracts under which the
university commits itself to provide the courses, programs, and
support services necessary to enable the contracting students to
graduate within 4 years, or for universities that (i) have a
prominent number of non-traditional or transfer students or (ii) do
not have freshman and sophomore enrollment, to have an expedited
graduation. Grants shall be awarded from appropriations made to the
Board of Higher Education for purposes of this Section.
(b) To be eligible for grant consideration, a public university
shall annually file a report with the Board of Higher Education
detailing its 4-year or expedited graduation contract program. The
report shall include, at a minimum, the following information: the
number of undergraduate students participating in the program, the
requirements of the 4-year or expedited graduation contracts offered
by the university, the types of additional support services provided
by the university to the contracting students, and the cost of the
program.
(c) In awarding grants to public universities under this
Section, the Board of Higher Education may consider each applicant's
report data, the number of institutions wishing to participate, and
such other criteria as the Board of Higher Education determines to be
appropriate.
(d) The Board of Higher Education shall annually submit to the
Governor and the General Assembly a budgetary recommendation for
grants under this Section and shall notify applicants for grant
assistance that the award of grants under this Section is contingent
upon the availability of appropriated funds.
(e) The Board of Higher Education may adopt such rules as it
deems necessary for administration of the grant program created by
this Section.
(Source: P.A. 90-750, eff. 8-14-98; revised 9-21-98.)".
AMENDMENT NO. 3 TO SENATE BILL 441
HOUSE OF REPRESENTATIVES 3831
AMENDMENT NO. 3. Amend Senate Bill 441, AS AMENDED, immediately
below the end of Section 5, by inserting the following:
"Section 7. The Governors State University Law is amended by
changing Section 15-15 as follows:
(110 ILCS 670/15-15)
Sec. 15-15. Membership; terms; vacancies. The Board shall
consist of 7 voting members appointed by the Governor by and with the
advice and consent of the Senate, and, until July 1, 2001, one voting
member who is a student at Governors State University. The student
member serving on the Board on the effective date of this amendatory
Act of 1997 shall be a voting student member for the remainder of his
or her term on the Board. Beginning on July 1, 2001, and thereafter,
the student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student member
shall serve a term of one year beginning on July 1 of each year,
except that the student member initially selected shall serve a term
beginning on the date of his or her selection and expiring on the
next succeeding June 30. To be eligible for selection as a student
member and to be eligible to remain as a student member of the Board,
the student member must be a resident of this State, must have and
maintain a grade point average that is equivalent to at least 2.5 on
a 4.0 scale, and must be a full time student enrolled at all times
during his or her term of office except for that part of the term
which follows the completion of the last full regular semester of an
academic year and precedes the first full regular semester of the
succeeding academic year at the university (sometimes commonly
referred to as the spring/summer semester). If a student member
serving on the Board fails to continue to meet or maintain the
residency, minimum grade point average, or enrollment requirement
established by this Section, his or her membership on the Board shall
be deemed to have terminated by operation of law. Of the members
first appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999, and 3 shall be appointed
for terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this Article, or if
a vacancy in an appointive membership occurs at a time when the
Senate is not in session, the Governor shall make temporary
appointments until the next meeting of the Senate when he shall
nominate persons to fill such memberships for the remainder of their
respective terms. No more than 4 of the members appointed by the
Governor shall be affiliated with the same political party. Upon the
expiration of the terms of members appointed by the Governor, their
respective successors shall be appointed for terms of 6 years from
the third Monday in January of each odd-numbered year. Any members
appointed to the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98; 90-814, eff.
2-4-99.)".
The motion prevailed and the amendments were adopted and ordered
printed.
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 321. Having been printed, was taken up and read by
title a second time.
Representative Hoeft offered the following amendment and moved
its adoption:
3832 JOURNAL OF THE [May 11, 1999]
AMENDMENT NO. 1 TO SENATE BILL 321
AMENDMENT NO. 1. Amend Senate Bill 321 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Health Facilities Planning Act is
amended by adding Section 4.5 as follows:
(20 ILCS 3960/4.5 new)
Sec. 4.5. Report. On or before January 1, 2000, the State Board
shall issue a report to the General Assembly on the impact of State
and federal antitrust laws on the availability, cost, and quality of
health care provided in those regions of the State that are
considered to be medically underserved.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 556. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on
Elementary & Secondary Eduation, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 556
AMENDMENT NO. 1. Amend Senate Bill 556 as follows:
on page 6, line 18, by replacing "January 1, 2000" with "February 15,
2000"; and
on page 6, line 27, after "national", by inserting "and State"; and
on page 8, line 26, by replacing "January 1, 2000" with "February 15,
2000"; and
on page 9, lines 12 and 13, by replacing "January 1, 2000" with
"February 15, 2000"; and
on page 9, line 32, by replacing "January 1, 2000" with "February 15,
2000"; and
on page 10, line 12, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 10, line 13, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 10, line 33, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 11, line 32, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 12, line 22, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 13, line 17, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 14, line 1, by replacing "January 1, 2000" with "February 15,
2000"; and
on page 14, line 28, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 28, line 26, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 28, line 27, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 28, line 32, by replacing "January 1, 2000" with "February
HOUSE OF REPRESENTATIVES 3833
15, 2000"; and
on page 29, line 28, after "activities", by inserting the following:
", based upon recommendations submitted by a continuing professional
development activity task force, which shall consist of 6 staff
members from the State Board of Education, appointed by the State
Superintendent of Education, and 6 teacher representatives, 3 of whom
are selected by the Illinois Education Association and 3 of whom are
selected by the Illinois Federation of Teachers"; and
on page 32, by replacing lines 19 through 22 with the following:
"(A) Advance both the certificate holder's knowledge and
skills as a teacher consistent with the Illinois Professional
Teaching Standards and the Illinois Content Area Standards in the
certificate holder's areas of certification, endorsement, or
teaching assignment in order to keep the certificate holder
current in those areas."; and
on page 33, by replacing lines 16 through 18 with the following:
"knowledge and skills as a teacher consistent with the Illinois
Professional Teaching Standards and the Illinois Content Area
Standards in the certificate holder's areas of certification,
endorsement, or teaching assignment in order to keep the certificate
holder current in those areas and the"; and
on page 33, by replacing lines 26 and 27 with the following:
"approved education-related program, of which at least 2 semester
hours relate to the continuing professional"; and
on page 34, line 3, after "each", by inserting "continuing
education"; and
on page 34, line 27, after "peer", by inserting "review and"; and
on page 34, by deleting line 28; and
on page 34, line 29, by replacing "(iv)" with "(iii)"; and
on page 34, line 33, by replacing "(v)" with "(iv)"; and
on page 35, line 3, by replacing "(vi)" with "(v)"; and
on page 35, line 6, by replacing "(vii)" with "(vi)"; and
on page 35, line 10, by replacing "(viii)" with "(vii)"; and
on page 35, line 13, by replacing "(ix)" with "(viii)"; and
on page 35, line 24, after "Illinois", by inserting "Professional";
and
on page 35, line 24, after "Standards", by inserting "or Illinois
Content Area Standards"; and
on page 36, by deleting lines 7 and 8;
on page 36, line 9, by replacing "(iv)" with "(iii)"; and
on page 36, line 11, by replacing "(v)" with "(iv)"; and
on page 37, line 21, by replacing ", including leadership" with
"related to professional development"; and
on page 40, by replacing lines 8 through 12 with the following:
"Each local professional development committee shall consist of
at least 3 classroom teachers; one superintendent or chief
administrator of the school district, charter school, or cooperative
or joint agreement or his or her designee; and one at-large member
who shall be either (i) a parent, (ii) a member of the business
community, (iii) a community member, or (iv) an administrator, with
preference given to an individual chosen from among those persons
listed in items (i), (ii), and (iii) in order to secure
representation of an interest not already represented on the
committee. If mutually agreed upon"; and
on page 40, by replacing lines 26 through 34 with the following:
"The exclusive representative, if any, shall select the classroom
teacher members of the local professional development committee. If
no exclusive representative exists, then the classroom teacher
members of a local professional development committee shall be
selected by the classroom teachers that come within the local
professional development committee's authority. The school district,
3834 JOURNAL OF THE [May 11, 1999]
charter school, or governing body or board of control of a
cooperative or joint agreement shall select the 2 non-classroom
teacher members (the superintendent or chief administrator of the
school district, charter school, or cooperative or joint agreement or
his or her designee and the at-large member) of a"; and
on page 41, by deleting lines 1 through 5; and
on page 41, line 19, after "committee.", by inserting the following:
"All actions taken by the local professional development committee
shall require that a majority of committee members be present, and no
committee action may be taken unless 50% or more of those present are
teacher members."; and
on page 43, by replacing lines 22 through 34 with the following:
"consist of at least 4 classroom teachers, one non-administrative
certificated educational employee, 2 administrators, and one at-large
member who shall be either (i) a parent, (ii) a member of the
business community, (iii) a community member, or (iv) an
administrator, with preference given to an individual chosen from
among those persons listed in items (i), (ii), and (iii) in order to
secure representation of an interest not already represented on the
committee. The teacher and non-administrative certificated
educational employee members of the review committee shall be
selected by their exclusive representative, if any, and the
administrators and at-large member shall be selected by the regional
superintendent of schools. A regional superintendent of schools may
add additional members to the committee, provided that the same
proportion of teachers to administrators and at-large members on the
committee is maintained. Any additional teacher and
non-administrative certificated educational employee members shall be
selected by their exclusive representative, if any. Vacancies in
positions on a regional professional development review committee
shall be filled in the same manner as the original selections.
Committee members shall serve staggered 3-year terms. All
individuals selected to serve on regional professional development
review committees must be known to demonstrate the best practices in
teaching or their respective field of practice.
The exclusive representative responsible for choosing the
individuals that serve on a regional professional development review
committee shall notify each school district, charter school, or
governing body or board of control of a cooperative or joint
agreement employing the individuals chosen to serve and provide their
names to the appropriate regional superintendent of schools.
Regional professional development review committee meetings shall be
scheduled so as not to interfere with the committee members'
regularly scheduled teaching duties, except when otherwise permitted
by the policies of or agreed to or approved by the school district,
charter school, or governing body or board of control of a
cooperative or joint agreement, or its designee, provided that the
school district, charter school, or governing body or board of
control shall not unreasonably withhold permission for a committee
member to attend regional professional development review committee
meetings.
In a city having a population exceeding 500,000 that does not
have a regional office of education, one or more separate regional
professional development review committees shall be established as
mutually agreed upon by the board of education of the school district
organized under Article 34 of this Code and the exclusive
representative. The composition of each committee shall be the same
as for a regional professional development review committee, except
that members of the committee shall be jointly appointed by the board
of education and the exclusive representative. All other provisions
of this Section concerning regional professional development review
HOUSE OF REPRESENTATIVES 3835
committees shall apply to these committees.
The regional professional development review committee"; and
on page 46, by replacing lines 19 though 22 with the following:
"(k) Each school district, charter school, or cooperative or
joint agreement shall be paid an annual amount of not less than
$1,000, as determined by a formula based on the number of Standard
Teaching and Master Teaching Certificate holders, subject to renewal
and established by rule, not to exceed $1,000,000 annually for all
school districts, charter schools, and cooperatives or joint
agreements, for administrative costs associated with conducting the
meetings of the local professional development committee. Each
regional office of education shall receive $2,000 annually to pay
school districts, charter schools, or cooperatives or joint
agreements for costs, as defined by rule, incurred in staff
attendance at regional professional development review committee
meetings and the training seminar required under paragraph (2) of
subsection (g) of this Section."; and
on page 47, line 1, by replacing "January 1, 2000" with "February 15,
2000"; and
on page 47, line 14, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 47, line 34, by replacing "January 1, 2000" with "February
15, 2000"; and
on page 48, lines 14 and 15, by replacing "January 1, 2000" with
"February 15, 2000".
AMENDMENT NO. 2 TO SENATE BILL 556
AMENDMENT NO. 2. Amend Senate Bill 556 as follows:
on page 1, line 5, after "21-2.1,", by inserting "21-2a,"; and
on page 12, immediately below line 3, by inserting the following:
"(105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
Sec. 21-2a. Required instruction for all teachers. After
September 1, 1981 and until January 1, 1999, in addition to all other
requirements, the successful completion of course work which includes
instruction on the psychology of the exceptional child, the
identification of the exceptional child, including, but not limited
to the learning disabled and methods of instruction for the
exceptional child, including, but not limited to the learning
disabled shall be a prerequisite to a person receiving any of the
following certificates: early childhood, elementary, special and high
school.
After January 1, 1999, the State Board of Education shall ensure
that the curriculum for all approved teacher preparation programs
includes, and that all prospective teachers pursuing Early Childhood,
Elementary, Secondary, or Special K-12 certificates receive,
instruction on the psychology of, the identification of, and the
methods of instruction for the exceptional child, including without
limitation the learning disabled. This instruction on exceptional
children may be provided in one concentrated course or may be
integrated among other courses within the teacher preparation program
as shall be determined by the State Board of Education.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)"; and
on page 14, immediately below line 9, by inserting the following:
"(d) Beginning February 15, 2000, all persons exchanging a
special certificate are exempt from the provisions of Section 2-3.71
of this Code, provided they meet all the other requirements for
teaching as established by the State Board of Education, in
consultation with the State Teacher Certification Board.
Beginning February 15, 2000, all persons receiving a special
education designation on either a special certificate or an
3836 JOURNAL OF THE [May 11, 1999]
elementary certificate issued pursuant to subsection (c) of this
Section are exempt from the provisions of Section 2-3.71 of this
Code, provided they meet all the other requirements for teaching as
established by the State Board of Education, in consultation with the
State Teacher Certification Board.
Certificates exchanged or issued pursuant to this subsection (d)
shall be valid for teaching children with disabilities, as defined in
Section 14-1.02 of this Code, and these special certificates shall be
called Initial or Standard Special Preschool - Age 21 Certificates.
Nothing in this subsection (d) shall be construed to adversely affect
the rights of any person presently certificated, any person whose
certification is currently pending, or any person who is currently
enrolled or enrolls prior to February 15, 2000 in an approved Special
K-12 certification program.".
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 215. Having been printed, was taken up and read by
title a second time.
Representative Gash offered and withdrew Amendment No. 1.
There being no further amendments, the bill was again advanced to
the order of Third Reading.
SENATE BILL 79. Having been recalled on March 6, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Delgado offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 79
AMENDMENT NO. 1. Amend Senate Bill 79 on page 1, line 16 by
inserting after "employer." the following:
""Day labor" does not include labor or employment of a professional
or clerical nature."; and
on page 5, by replacing lines 9 through 14 with the following:
"Section 50. Violations. The Department shall have the
authority".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 287. 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 287
AMENDMENT NO. 1. Amend Senate Bill 287, on page 3, line 8, after
"treatment;", by inserting "limitation of patient referrals; content
of"; and
HOUSE OF REPRESENTATIVES 3837
on page 3, by replacing lines 9 through 11 with the following:
"relating to refunds (if the refund payment would be reportable
under federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising; and final
decisions relating to employment of dental assistants and dental
hygienists."; and
on page 3, line 16, after "Act.", by inserting "Nothing in this
Section shall be construed to prohibit insurers and managed care
plans from operating pursuant to the applicable provisions of the
Illinois Insurance Code under which the entities are licensed."; and
on page 4, by replacing lines 31 through 33 with the following:
"selection of a course of treatment, limitation of patient
referrals, content of patient records, policies and decisions
relating to refunds (if the refund payment would be reportable
under federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising, and"; and
on page 5, lines 1 and 2, by replacing "decisions relating to office
personnel and hours of practice." with "final decisions relating to
employment of dental assistants and dental hygienists.".
Representative Burke offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 287
AMENDMENT NO. 2. Amend Senate Bill 287, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Dental Practice Act is amended by
changing Sections 24, 37, and 44 and adding Section 38.1 as follows:
(225 ILCS 25/24) (from Ch. 111, par. 2324)
Sec. 24. Refusal, Suspension or Revocation of Dental Hygienist
License. The Department may refuse to issue or renew, may revoke,
suspend, place on probation, reprimand or take other disciplinary
action as the Department may deem proper, including fines not to
exceed $2,500 per violation, with regard to any dental hygienist
license for any one or any combination of the following causes:
1. Fraud in procuring license.
2. Performing any operation not authorized by this Act.
3. Practicing dental hygiene other than under the supervision of
a licensed dentist as provided by this Act.
4. The wilful violation of, or the wilful procuring of, or
knowingly assisting in the violation of, any Act which is now or
which hereafter may be in force in this State relating to the use of
habit-forming drugs.
5. The obtaining of, or an attempt to obtain a license, or
practice in the profession, or money, or any other thing of value by
fraudulent representation.
6. Gross negligence in performing the operative procedure of
dental hygiene.
7. Active practice of dental hygiene while knowingly having any
infectious, communicable, or contagious disease proscribed by rule or
regulation of the Department.
8. Habitual intoxication or addiction to the use of
habit-forming drugs.
9. Conviction in this or another state of any crime which is a
felony under the laws of this State or conviction of a felony in a
federal court, if the Department determines, after investigation,
that such person has not been sufficiently rehabilitated to warrant
the public trust.
10. Aiding or abetting the unlicensed practice of dentistry or
3838 JOURNAL OF THE [May 11, 1999]
dental hygiene.
11. Discipline by another U.S. jurisdiction or a foreign nation,
if at least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
12. Violating the Health Care Worker Self-Referral Act.
13. Violating the prohibitions of Section 38.1 of this Act.
The provisions of this Act relating to proceedings for the
suspension and revocation of a license to practice dentistry shall
apply to proceedings for the suspension or revocation of a license as
a dental hygienist.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
(225 ILCS 25/37) (from Ch. 111, par. 2337)
Sec. 37. Unlicensed practice; injunctions. The practice of
dentistry by any person not holding a valid and current license
under this Act is declared to be inimical to the public welfare, to
constitute a public nuisance, and to cause irreparable harm to the
public welfare.
A person is considered to practice dentistry who:
(1) employs a dentist, dental hygienist, or other entity
which can provide dental services under this Act;
(2) directs or controls the use of any dental equipment or
material while such equipment or material is being used for the
provision of dental services, provided that this provision shall
not be construed to prohibit a person from obtaining professional
advice or assistance in obtaining or from leasing the equipment
or material, provided the advice, assistance, or lease does not
restrict or interfere with the custody, control, or use of the
equipment or material by the person;
(3) directs, controls or interferes with a dentist's or
dental hygienist's clinical judgment; or
(4) exercises direction or control, by written contract,
license, or otherwise, over a dentist, dental hygienist, or other
entity which can provide dental services under this Act in the
selection of a course of treatment; limitation of patient
referrals; content of patient records; policies and decisions
relating to refunds (if the refund payment would be reportable
under federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising; and final
decisions relating to employment of dental assistants and dental
hygienists. Nothing in this Act shall, however, be construed as
prohibiting the seeking or giving of advice or assistance with
respect to these matters.
The purpose of this Section is to prevent a non-dentist from
influencing or otherwise interfering with the exercise of independent
professional judgment by a dentist, dental hygienist, or other entity
which can provide dental services under this Act. Nothing in this
Section shall be construed to prohibit insurers and managed care
plans from operating pursuant to the applicable provisions of the
Illinois Insurance Code under which the entities are licensed.
The Director, the Attorney General, the State's attorney of any
county in the State, or any person may maintain an action in the name
of the People of the State of Illinois, and may apply for injunctive
relief in any circuit court to enjoin such person from engaging in
such practice; and upon the filing of a verified petition in such
court, the court if satisfied by affidavit, or otherwise, that such
person has been engaged in such practice without a valid and current
license so to do, may enter a temporary restraining order without
notice or bond, enjoining the defendant from such further practice.
Only the showing of non-licensure, by affidavit or otherwise, is
necessary in order for a temporary injunction to issue. A copy of
the verified complaint shall be served upon the defendant and the
HOUSE OF REPRESENTATIVES 3839
proceedings shall thereafter be conducted as in other civil cases
except as modified by this Section. If it is established that the
defendant has been, or is engaged in such unlawful practice, the
court may enter an order or judgment perpetually enjoining the
defendant from further such practice. In all proceedings hereunder
the court, in its discretion, may apportion the costs among the
parties interested in the action, including cost of filing the
complaint, service of process, witness fees and expenses, court
reporter charges and reasonable attorneys' fees. In case of
violation of any injunctive order entered under the provisions of
this Section, the court may summarily try and punish the offender for
contempt of court. Such injunction proceedings shall be in addition
to, and not in lieu of, all penalties and other remedies provided in
this Act.
(Source: P.A. 84-1308.)
(225 ILCS 25/38.1 new)
Sec. 38.1. Prohibition against interference by non-dentists. The
purpose of this Section is to ensure that each dentist or dental
hygienist practicing in this State meets minimum requirements for
safe practice without clinical interference by persons not licensed
under this Act. It is the legislative intent that dental services be
provided only in accordance with the provisions of this Act and not
be delegated to unlicensed persons.
Unless otherwise authorized by this Act, a dentist or dental
hygienist is prohibited from providing dental services in this State,
if the dentist or dental hygienist:
(1) is employed by any person other than a dentist to
provide dental services; or
(2) allows any person other than another dentist to direct,
control, or interfere with the dentist's or dental hygienist's
clinical judgment. Clinical judgment shall include but not be
limited to such matters as the dentist's or dental hygienist's
selection of a course of treatment, limitation of patient
referrals, content of patient records, policies and decisions
relating to refunds (if the refund payment would be reportable
under federal law to the National Practitioner Data Bank) and
warranties and the clinical content of advertising, and final
decisions relating to employment of dental assistants and dental
hygienists. This paragraph shall not be construed to limit a
patient's right of informed consent.
(225 ILCS 25/44) (from Ch. 111, par. 2344)
Sec. 44. Practice by Corporations Prohibited. Exceptions. No
corporation shall practice dentistry or engage therein, or hold
itself out as being entitled to practice dentistry, or furnish dental
services or dentists, or advertise under or assume the title of
dentist or dental surgeon or equivalent title, or furnish dental
advice for any compensation, or advertise or hold itself out with any
other person or alone, that it has or owns a dental office or can
furnish dental service or dentists, or solicit through itself, or its
agents, officers, employees, directors or trustees, dental patronage
for any dentist employed by any corporation.
Nothing contained in this Act, however, shall:
(a) prohibit a corporation from employing a dentist or
dentists to render dental services to its employees, provided
that such dental services shall be rendered at no cost or charge
to the employees;
(b) prohibit a corporation or association from providing
dental services upon a wholly charitable basis to deserving
recipients;
(c) prohibit a corporation or association from furnishing
information or clerical services which can be furnished by
3840 JOURNAL OF THE [May 11, 1999]
persons not licensed to practice dentistry, to any dentist when
such dentist assumes full responsibility for such information or
services;
(d) prohibit dental corporations as authorized by the
Professional Service Corporation Act, dental associations as
authorized by the Professional Association Act, or dental limited
liability companies as authorized by the Limited Liability
Company Act;
(e) prohibit dental limited liability partnerships as
authorized by the Uniform Partnership Act;.
(f) prohibit hospitals, public health clinics, federally
qualified health centers, or other entities specified by rule of
the Department from providing dental services; or
(g) prohibit dental management service organizations from
providing non-clinical business services that do not violate the
provisions of this Act.
Any corporation violating the provisions of this Section is
guilty of a Class A misdemeanor and each day that this Act is
violated shall be considered a separate offense.
(Source: P.A. 88-573, eff. 8-11-94; 89-80, eff. 6-30-95.)".
The motion prevailed and the amendment was adopted and ordered
printed.
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 496. Having been printed, was taken up and read by
title a second time.
Representative Novak offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 496
AMENDMENT NO. 1. Amend Senate Bill 496 by replacing lines 7
through 31 on page 1, all of page 2, and lines 1 through 12 on page 3
with the following:
"(415 ILCS 5/22.19a)
Sec. 22.19a. Floodplain.
(a) On and after January 1, 1998, no sanitary landfill or waste
disposal site that is a pollution control facility, or any part of a
sanitary landfill or waste disposal site that is a pollution control
facility, may be located within the boundary of the 100-year
floodplain.
(b) Subsection (a) shall not apply to the following:
(1) a sanitary landfill or waste disposal site initially
permitted for development or construction by the Agency before
August 19, the effective date of this amendatory Act of 1997;
(2) a sanitary landfill or waste disposal site for which
local siting approval has been granted before August 19, the
effective date of this amendatory Act of 1997; or
(3) the area of expansion beyond the boundary of a
currently permitted sanitary landfill or waste disposal site,
provided that the area of expansion is, on August 19, the
effective date of this amendatory Act of 1997, owned by the owner
or operator of the currently sited or permitted sanitary landfill
or waste site to which the area of expansion is adjacent; or
(4) a sanitary landfill or waste disposal site that is a
pollution control facility that ceased accepting waste on or
HOUSE OF REPRESENTATIVES 3841
before August 19, 1997 or any part of a sanitary landfill or
waste disposal site that is a pollution control facility that
ceased accepting waste on or before August 19, 1997.
(Source: P.A. 90-503, eff. 8-19-97.)
(415 ILCS 5/22.19b)
Sec. 22.19b. Postclosure care requirements Financial assurance
rules.
(a) Not later than June 30, 1998, the Agency shall propose rules
For those sanitary landfills and waste disposal sites located within
the boundary of the 100-year floodplain pursuant to paragraph (3) of
subsection (b) of Section 22.19a, to address the risks posed by
flooding to the integrity of the sanitary landfill or waste disposal
site, the owner or operator of the sanitary landfill or waste
disposal site shall comply with the following financial assurance
requirements for that portion of the site permitted for the disposal
of solid waste within the boundary of the 100-year floodplain:.
(1) The owner or operator must include, in the facility
postclosure care plan and the postclosure care cost estimate:
(A) the cost of inspecting, and anticipated repairs
to, all surface water drainage structures in the area of the
landfill or waste disposal site permitted for the disposal
of solid waste within the boundary of the 100-year
floodplain;
(B) the cost of repairing anticipated erosion
affecting both the final cover and vegetation in the area of
the landfill or waste disposal site permitted for the
disposal of solid waste within the boundary of the 100-year
floodplain below the 100-year flood elevation;
(C) the cost of inspecting the portion of the site
permitted for the disposal of solid waste within the
boundary of the 100-year floodplain a minimum of once every
5 years; and
(D) the cost of monitoring the portion of the landfill
or waste disposal site permitted for the disposal of solid
waste within the boundary of the 100-year floodplain after a
100-year flood.
(2) The owner or operator must provide financial assurance,
using any of the financial assurance mechanisms set forth in
Title 35, Part 811, Subpart G of the Illinois Administrative
Code, as amended, to cover the costs identified in subsection
(a)(1) of this Section;
(3) The owner or operator must base the portion of the
postclosure care cost estimate addressing the activities
prescribed in subsection (a)(1) of this Section on a period of
100 years; and
(4) The owner or operator must submit the information
required under subsection (a)(1) of this Section to the Agency as
part of the facility's application for a permit required to
develop the area pursuant to Title 35, Section 812.115 of the
Illinois Administrative Code, as amended, for non-hazardous waste
landfills or pursuant to Title 35, Section 724.218 of the
Illinois Administrative Code, as amended, for hazardous waste
landfills. The rules shall be limited to and prescribe standards
for financial assurance mechanisms equivalent to the standards
set forth in Title 35, Part 811, Subpart G of the Illinois
Administrative Code, as amended, to address the risks posed by
flooding to the integrity of a sanitary landfill or waste
disposal site located within the boundary of the 100-year
floodplain. The financial assurance mechanisms shall be for a
period of 100 years, beginning with the commencement of the
post-closure care period, and shall apply to the portion of the
3842 JOURNAL OF THE [May 11, 1999]
facility located within the boundary of the 100-year floodplain
and to the portion of the facility located outside the boundary
of the 100-year floodplain.
(b) Any sanitary landfill or waste disposal site owner or
operator subject to subsection (a) of this Section must certify in
the facility's application for permit renewal that the postclosure
care activities set forth in the postclosure care plan to comply with
this Section have been met and will be performed. Not later than 6
months after the receipt of the Agency's proposed rules, the Board
shall adopt rules for sanitary landfills and waste disposal sites
located within the boundary of the 100-year floodplain pursuant to
subsection (b) of Section 22.19a. The rules shall be limited to, and
prescribe standards for financial assurance mechanisms equivalent to
the standards set forth in Title 35, Part 811, Subpart G of the
Illinois Administrative Code, as amended, to address the risks posed
by flooding to the integrity of a sanitary landfill or waste disposal
site located within the boundary of the 100-year floodplain. The
financial assurance mechanisms shall be for a period of 100 years,
beginning with the commencement of the post-closure care period, and
shall apply to the portion of the facility located within the
boundary of the 100-year floodplain and to the portion of the
facility located outside the boundary of the 100-year floodplain.
(c) Nothing in this Section shall be construed as limiting the
general authority of the Board to adopt rules pursuant to Title VII
of this Act.
(d) Notwithstanding any requirements of this Section, the owner
or operator of any landfill or waste disposal facility located in a
100-year floodplain shall, upon receipt of notification from the
Agency, repair damage to that facility caused by a 100-year flood.
(Source: P.A. 90-503, eff. 8-19-97.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 680. Having been printed, was taken up and read by
title a second time.
Representative Hamos offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO SENATE BILL 680
AMENDMENT NO. 1. Amend Senate Bill 680 on page 1 by replacing
lines 1 and 2 with the following:
"AN ACT to amend the Illinois Public Aid Code by changing
Sections 4-1.12 and 12-4.11 and by adding Sections 9A-14 and
12-4.17a."; and
by replacing lines 5 and 6 with the following:
"Section 5. The Illinois Public Aid Code is amended by changing
Sections 4-1.12 and 12-4.11 and by adding Sections 9A-14 and 12-4.17a
as follows:
(305 ILCS 5/4-1.12)
Sec. 4-1.12. Five year limitation.
(a) No assistance unit shall be eligible for a cash grant under
this Article if it includes an adult who has received cash assistance
as an adult for 60 months, whether or not consecutive, after the
effective date of this amendatory Act of 1997. The Illinois
HOUSE OF REPRESENTATIVES 3843
Department may exempt individual assistance units from the 60-month
limitation or determine circumstances under which a month or months
would not count towards the 60-month limitation even though the
assistance unit did receive cash assistance under this Article.
(b) In addition to months that the Illinois Department has
determined or shall determine by rule not to count toward the
60-month limitation, the Illinois Department shall not count months
in which the adult receiving assistance under this Article is the
primary caregiver for a disabled child when the demands of caregiving
are inconsistent with sustained employment.
(Source: P.A. 90-17, eff. 7-1-97.)"; and
on page 2, after line 32, by inserting the following:
"(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts.
(a) The Department, with due regard for and subject to budgetary
limitations, shall establish grant amounts for each of the programs,
by regulation. The grant amounts may vary by program, size of
assistance unit and geographic area.
(b) Aid payments shall not be reduced except: (1) for changes in
the cost of items included in the grant amounts, or (2) for changes
in the expenses of the recipient, or (3) for changes in the income or
resources available to the recipient, or (4) for changes in grants
resulting from adoption of a consolidated grant amount.
(c) In fixing standards to govern payments or reimbursements for
funeral and burial expenses, the Department shall take into account
the services essential to a dignified, low-cost funeral and burial,
but no payment shall be authorized from public aid funds for the
funeral in excess of $650, exclusive of reasonable amounts as may be
necessary for burial space and cemetery charges, and any applicable
taxes or other required governmental fees or charges. The Department
shall authorize no payment in excess of $325 for a cemetery burial.
(d) Nothing contained in this Section or in any other Section of
this Code shall be construed to prohibit the Illinois Department (1)
from consolidating existing standards on the basis of any standards
which are or were in effect on, or subsequent to July 1, 1969, or (2)
from employing any consolidated standards in determining need for
public aid and the amount of money payment or grant for individual
recipients or recipient families.
(e) When a recipient reports that he or she has obtained
employment, the Department, subject to the following limitations, may
project the recipient's likely earnings and eligibility for
assistance and grant level under Article IV:
(1) If, based on the recipient's report of his or her
projected hours and wage, the Department projects that the
recipient will no longer be eligible for assistance under Article
IV, it may terminate or cancel the case. However, if, within 30
days after termination or cancellation, the recipient presents
evidence that the actual earnings from the recipient's work, or
future earnings projected based on the rate of pay and number of
hours or days of work demonstrated by the first payment from
work, do not warrant termination or cancellation, the recipient's
cash assistance shall be restored at the appropriate level for
his or her actual and future projected earnings.
(2) When the recipient first reports his or her employment,
the Department shall notify him or her in writing of this policy
and shall give him or her instructions about how to provide a
copy of his or her first paycheck stub or other proof of his or
her earnings to the Department. The Department shall instruct its
workers to obtain income reports from newly-employed recipients
that are as accurate and realistic as possible.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; 90-326, eff.
3844 JOURNAL OF THE [May 11, 1999]
8-8-97; 90-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
(305 ILCS 5/12-4.17a new)
Sec. 12-4.17a. Customer service enhancement.
(a) The Department shall provide in the waiting area of each
local office written information regarding applicants' and
recipients' rights to appeal action or inaction and to file a
grievance, as well as sufficient quantities of appeal and grievance
forms.
(b) The Department shall establish 2-year pilot projects in at
least 2 local offices, at least one of which shall be in a city of
over 500,000, under which the local offices will be open at least one
weekday evening and Saturday each week to accommodate the schedules
of applicants and recipients who cannot visit the office during
normal office hours. The Department shall submit a report on the
pilot project to the Family Self Sufficiency Advisory Council created
by the Department after one year of operation of the pilot and a
final report upon completion of the pilot. The report shall describe
the pilot, the expenses and savings achieved, the usage of the
extended hours by recipients, and the personnel issues that arose.
(c) The Department shall charge the Family Self Sufficiency
Advisory Council created by the Department with monitoring customer
service and annually making customer service recommendations to the
Secretary, and support the Council in carrying out that charge. For
this purpose, the Council shall include caseworkers, or their
collective bargaining representatives, as ex-officio participants in
the review and monitoring of customer service and the formulation of
recommendations.
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2 TO SENATE BILL 680
AMENDMENT NO. 2. Amend Senate Bill 680, AS AMENDED, as follows:
by replacing the title with the following:
"AN ACT to amend the Illinois Public Aid Code by changing
Sections 4-1.12 and 12-4.11, by adding Sections 1-12, 9A-14, and
12-4.17a, and by repealing Section 4-22."; and
in the introductory clause of Section 5, by replacing "Sections
9A-14" with "Sections 1-12, 9A-14,"; and
after the introductory clause of Section 5, by inserting the
following:
"(305 ILCS 5/1-12 new)
Sec. 1-12. Domestic violence option.
(a) Findings. The General Assembly finds that:
(1) domestic violence may make it difficult for some
individuals to attain economic self-sufficiency; and
(2) no individual or family should be unfairly penalized
because past or present domestic violence or the risk of domestic
violence causes them to fail to comply with requirements for
assistance.
(b) Definition of domestic violence. For purposes of this
Section:
"Domestic violence" means battering or subjecting a person to
extreme cruelty by (i) physical acts that result in or threaten to
result in physical injury; (ii) sexual abuse; (iii) sexual activity
involving a dependent child; (iv) forcing the person to participate
in nonconsensual sexual acts or activities; (v) threats of, or
attempts at, physical or sexual abuse; (vi) mental abuse; or (vii)
neglect or deprivation of medical care.
(c) Protection of applicants and recipients who are victims of
domestic violence. In recognition of the reality of domestic
HOUSE OF REPRESENTATIVES 3845
violence for many individuals who may need Temporary Assistance for
Needy Families (TANF), the State of Illinois adopts the Domestic
Violence Option of Section 402(a)(7) of the Social Security Act.
The Department of Human Services, in operation of the TANF
program under Article IV, shall:
(1) Screen and identify applicants and recipients of
assistance for TANF who are past or present victims of domestic
violence or at risk of further domestic violence, while
maintaining confidentiality.
(2) Refer these individuals for counseling and supportive
services.
(3) Waive, pursuant to a determination of good cause, any
program requirements that would make it more difficult for these
individuals to escape domestic violence or unfairly penalize past
or present victims of domestic violence or those at risk of
further domestic violence, such as time limits on receiving
assistance, paternity establishment, child support cooperation
requirements, residency requirements, and family cap provisions.
When granting waivers under this Section, the Department shall
determine a specific relationship between the domestic violence
suffered by the client and the need to waive a requirement
because domestic violence makes it more difficult or impossible
for the client to meet the requirement.
In addition, the Department shall, in the assessment process to
develop a personal plan for self-sufficiency, take the factor of
domestic violence into account in determining the work, education,
and training activities that are appropriate, including temporarily
waiving any work, education, or training requirement, and in
establishing good cause for failure to cooperate in the plan.
(d) Evidence of domestic violence. Allegations of domestic
violence by a victim shall be corroborated by further evidence.
Evidence may include, but is not limited to, police, governmental
agency, or court records; documentation from a shelter worker, legal,
clerical, medical, or other professional from whom the applicant or
recipient has sought assistance in dealing with domestic violence; or
other corroborating evidence, such as a statement from any other
individual with knowledge of the circumstances which provide the
basis for the claim, physical evidence of domestic violence, or any
other evidence that supports the statement.
That an applicant or recipient is a past or present victim of
domestic violence or at risk of further domestic violence may be
established at any time.
(e) An applicant or recipient may decline to participate in
services specifically directed at domestic violence, or may terminate
participation in such services, without penalty or sanction.
(f) The Department shall develop and monitor policies and
procedures to comply with this Section. Those policies and
procedures include, but are not limited to, identification of victims
of domestic violence, notification to applicants and recipients,
maintaining confidentiality, referral to services, granting waivers,
determining evidence of domestic violence, and training of the
Department's employees."; and
in Section 5, after the last line of Sec. 12-4.17a, by inserting the
following:
"(305 ILCS 5/4-22 rep.)
Section 10. The Illinois Public Aid Code is amended by repealing
Section 4-22.".
The motion prevailed and the amendments were adopted and ordered
printed.
3846 JOURNAL OF THE [May 11, 1999]
Representative Coulson offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO SENATE BILL 680
AMENDMENT NO. 3. Amend Senate Bill 680, AS AMENDED, as follows:
by replacing the title with the following:
"AN ACT to amend the Illinois Public Aid Code by changing
Sections 1-11, 4-1.12, 12-4.11, and 12-4.34, by adding Sections 1-12,
9A-14, and 12-4.17a, and by repealing Section 4-22."; and
in the introductory clause of Section 5, by replacing "Sections
4-1.12 and 12-4.11" with "Sections 1-11, 4-1.12, 12-4.11, and
12-4.34"; and
in Section 5, between the last line of the introductory clause and
the first line of Sec. 1-12, by inserting the following:
"(305 ILCS 5/1-11)
Sec. 1-11. Citizenship. To the extent not otherwise provided in
this Code or federal law, all clients who receive cash or medical
assistance under Article III, IV, V, or VI of this Code must meet the
citizenship requirements as established in this Section. To be
eligible for assistance an individual, who is otherwise eligible,
must be either a United States citizen or included in one of the
following categories of non-citizens:
(1) United States veterans honorably discharged and persons
on active military duty, and the spouse and unmarried dependent
children of these persons;
(2) Refugees under Section 207 of the Immigration and
Nationality Act;
(3) Asylees under Section 208 of the Immigration and
Nationality Act;
(4) Persons for whom deportation has been withheld under
Section 243(h) of the Immigration and Nationality Act;
(5) Persons granted conditional entry under Section
203(a)(7) of the Immigration and Nationality Act as in effect
prior to April 1, 1980;
(6) Persons lawfully admitted for permanent residence under
the Immigration and Nationality Act; and
(7) Parolees, for at least one year, under Section
212(d)(5) of the Immigration and Nationality Act;
(8) American Indians born in Canada under Section 289 of the
Immigration and Nationality Act and members of an Indian tribe as
defined in Section 4(e) of the Indian Self-Determination and
Education Assistance Act;
(9) Nationals of Cuba or Haiti admitted on or after April 21,
1980;
(10) Amerasians from Vietnam, and their close family members,
admitted through the Orderly Departure Program beginning on March 20,
1988;
(11) Persons lawfully residing in the United States who were
members of a Hmong or Highland Laotian tribe between August 5, 1965
and May 7, 1975, and the spouse, widow or widower who has not
remarried, and unmarried dependent children of these persons; and
(12) Persons who are or were the spouse, widow, or child of a
United States citizen or are or were the spouse or child of a legal
permanent resident, who have been abused by the United States
citizen, legal permanent resident, or a member of that relative's
family that lived with them, who need assistance at least in part due
to the abuse, and who are living separately from the abuser or will
be living separately from the abuser before they receive assistance,
and the children and parents of these persons if they did not
HOUSE OF REPRESENTATIVES 3847
participate in the abuse.
Those persons who are in the categories set forth in subdivisions
6 and 7 of this Section, who enter the United States on or after
August 22, 1996, shall not be eligible for 5 years beginning on the
date the person entered the United States.
The Illinois Department may, by rule, cover prenatal care or
emergency medical care for non-citizens who are not otherwise
eligible under this Section. Local governmental units which do not
receive State funds may impose their own citizenship requirements and
are authorized to provide any benefits and impose any citizenship
requirements as are allowed under the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193).
(Source: P.A. 90-17, eff. 7-1-97.)"; and
between the last line of Sec. 12-4.17a in Section 5 and the first
line of the introductory clause of Section 10, by inserting the
following:
"(305 ILCS 5/12-4.34)
(Section scheduled to be repealed on August 31, 1999)
Sec. 12-4.34. Services to noncitizens.
(a) Subject to specific appropriation for this purpose and
notwithstanding Sections 1-11 and 3-1 of this Code, the Department of
Human Services is authorized to provide services to legal immigrants,
including but not limited to naturalization and nutrition services
and financial assistance. The nature of these services, payment
levels, and eligibility conditions shall be determined by rule.
(b) The Illinois Department is authorized to lower the payment
levels established under this subsection or take such other actions
during the fiscal year as are necessary to ensure that payments under
this subsection do not exceed the amounts appropriated for this
purpose. These changes may be accomplished by emergency rule under
Section 5-45 of the Illinois Administrative Procedure Act, except
that the limitation on the number of emergency rules that may be
adopted in a 24-month period shall not apply.
(c) This Section is repealed on August 31, 1999.
(Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
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 786. Having been recalled on , and held on the order
of Second Reading, the same was again taken up.
Representative Parke offered and withdrew Amendment No. 1.
Representative Parke offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 786
AMENDMENT NO. 2. Amend Senate Bill 786 as follows:
on page 3, line 28, by deleting "and"; and
on page 3, by replacing line 29 with the following:
"Secretary of Human Services or his or her designee, and one shall be
the chair of the Illinois State Micro-Enterprise Initiative or his or
her designee. Three".
3848 JOURNAL OF THE [May 11, 1999]
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 800. 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 800
AMENDMENT NO. ____. Amend Senate Bill 800 by replacing the title
with the following:
"AN ACT to amend the Illinois Dental Practice Act by changing
Sections 6, 17, and 18."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Dental Practice Act is amended by
changing Sections 6, 17, and 18 as follows:
(225 ILCS 25/6) (from Ch. 111, par. 2306)
Sec. 6. Board of Dentistry - Report By Majority Required. There
is created a Board of Dentistry, to be composed of persons designated
from time to time by the Director, as follows:
Eleven Ten persons, 8 of whom have been dentists for a period of
5 years or more; 2 of whom have been dental hygienists one who has
been a dental hygienist for a period of 5 years or more, and one
public member. None of the 10 members shall be employed by or be an
officer of any dental college, or dental or dental hygiene department
of any institution of learning. The dental hygienists hygienist
shall not participate in the examination of applicants for licenses
to practice dentistry. The public member shall not participate in
the examination of applicants for licenses to practice dentistry or
dental hygiene. The board shall annually elect a chairman who shall
be a dentist.
Terms for all members shall be for 4 years. Partial terms over 2
years in length shall be considered as full terms. A member may be
reappointed for a successive term, but no member shall serve more
than 2 full terms in his or her lifetime.
The membership of the Board shall include only residents from
various geographic areas of this State and shall include at least
some graduates from various institutions of dental education in this
State.
In making appointments to the Board the Director shall give due
consideration to recommendations by organizations of the dental
profession in Illinois, including the Illinois State Dental Society
and Illinois Dental Hygienists Association, and shall promptly give
due notice to such organizations of any vacancy in the membership of
the Board. The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably justifies
such termination.
A vacancy in the membership of the Board shall not impair the
right of a quorum to exercise all the rights and perform all the
duties of the Board. Any action to be taken by the Board under this
Act may be authorized by resolution at any regular or special
meeting, and each such resolution shall take effect immediately. The
Board shall meet at least quarterly. The Board may adopt all rules
and regulations necessary and incident to its powers and duties under
this Act.
HOUSE OF REPRESENTATIVES 3849
The members of the Board shall each receive as compensation a
reasonable sum as determined by the Director for each day actually
engaged in the duties of the office, and all legitimate and necessary
expense incurred in attending the meetings of the Board.
Members of the Board shall be immune from suit in any action
based upon any disciplinary proceedings or other activities performed
in good faith as members of the Board.
(Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95.)
(225 ILCS 25/17) (from Ch. 111, par. 2317)
Sec. 17. Acts Constituting the Practice of Dentistry. A person
practices dentistry, within the meaning of this Act:
(1) Who represents himself as being able to diagnose or
diagnoses, treats, prescribes, or operates for any disease, pain,
deformity, deficiency, injury, or physical condition of the human
tooth, teeth, alveolar process, gums or jaw; or
(2) Who is a manager, proprietor, operator or conductor of a
business where dental operations are performed; or
(3) Who performs dental operations of any kind; or
(4) Who uses an X-Ray machine or X-Ray films for dental
diagnostic purposes; or
(5) Who extracts a human tooth or teeth, or corrects or attempts
to correct malpositions of the human teeth or jaws; or
(6) Who offers or undertakes, by any means or method, to
diagnose, treat or remove stains, calculus, and bonding materials
from human teeth or jaws; or
(7) Who uses or administers local or general anesthetics in the
treatment of dental or oral diseases or in any preparation incident
to a dental operation of any kind or character; or
(8) Who takes impressions of the human tooth, teeth, or jaws or
performs any phase of any operation incident to the replacement of a
part of a tooth, a tooth, teeth or associated tissues by means of a
filling, crown, a bridge, a denture or other appliance; or
(9) Who offers to furnish, supply, construct, reproduce or
repair, or who furnishes, supplies, constructs, reproduces or
repairs, prosthetic dentures, bridges or other substitutes for
natural teeth, to the user or prospective user thereof; or
(10) Who instructs students on clinical matters or performs any
clinical operation included in the curricula of recognized dental
schools and colleges.
The fact that any person engages in or performs, or offers to
engage in or perform, any of the practices, acts, or operations set
forth in this Section, shall be prima facie evidence that such person
is engaged in the practice of dentistry.
The following practices, acts, and operations, however, are
exempt from the operation of this Act:
(a) The rendering of dental relief in emergency cases in the
practice of his or her profession by a physician or surgeon, licensed
as such under the laws of this State, unless he undertakes to
reproduce or reproduces lost parts of the human teeth in the mouth or
to restore or replace lost or missing teeth in the mouth; or
(b) The practice of dentistry in the discharge of their official
duties by dentists in any branch of the Armed Services of the United
States, the United States Public Health Service, or the United States
Veterans Administration; or
(c) The practice of dentistry by students in their course of
study in dental schools or colleges approved by the Department, when
acting under the direction and supervision of dentists acting as
instructors; or
(d) The practice of dentistry by clinical instructors in the
course of their teaching duties in dental schools or colleges
approved by the Department:
3850 JOURNAL OF THE [May 11, 1999]
(i) when acting under the direction and supervision of
dentists, provided that such clinical instructors have instructed
continuously in this State since January 1, 1986; or
(ii) when holding the rank of full professor at such
approved dental school or college and possessing a current valid
license or authorization to practice dentistry in another
country; or
(e) The practice of dentistry by licensed dentists of other
states or countries at meetings of the Illinois State Dental Society
or component parts thereof, alumni meetings of dental colleges, or
any other like dental organizations, while appearing as clinicians;
or
(f) The use of X-Ray machines for exposing X-Ray films of dental
or oral tissues by dental hygienists or dental assistants; or
(g) The performance of any dental service by a dental assistant,
if such service is performed under the supervision and full
responsibility of a dentist.
For purposes of this paragraph (g), "dental service" is defined
to mean any intraoral procedure or act which shall be prescribed by
rule or regulation of the Department. Dental service, however, shall
not include:
(1) Any and all diagnosis of or prescription for treatment
of disease, pain, deformity, deficiency, injury or physical
condition of the human teeth or jaws, or adjacent structures.
(2) Any and all removal of, or restoration of, or addition
to the hard or soft tissues of the oral cavity.
(3) Any and all correction of malformation of teeth or of
the jaws.
(4) Administration of anesthetics (other than topical
anesthetics and monitoring of nitrous oxide).
(5) Any removal of calculus and stains from human teeth.
(6) Any and all taking of impressions for the fabrication
of orthodontic appliances, prosthetic appliances, space
maintainers, crowns, bridges, splints, inlays, onlays, or other
restorative or replacement dentistry.
(7) The operative procedure of dental hygiene consisting of
oral prophylactic procedures, except for coronal polishing.
(8) The application to the surfaces of the teeth or gums of
chemical compounds designed to be desensitizing agents or
effective agents in the prevention of dental caries or
periodontal disease.
(h) The practice of dentistry by an individual who:
(i) has applied in writing to the Department, in form and
substance satisfactory to the Department, for a general dental
license and has complied with all provisions of Section 9 of this
Act, except for the passage of the examination specified in
subsection (e), of Section 9, of this Act; or
(ii) has applied in writing to the Department, in form and
substance satisfactory to the Department, for a temporary dental
license and has complied with all provisions of subsection (c),
of Section 11, of this Act; and
(iii) has been accepted or appointed for specialty or
residency training by a hospital situated in this State; or
(iv) has been accepted or appointed for specialty training
in an approved dental program situated in this State; or
(v) has been accepted or appointed for specialty training
in a dental public health agency situated in this State.
The applicant shall be permitted to practice dentistry for a
period of 3 months from the starting date of the program, unless
authorized in writing by the Department to continue such practice for
a period specified in writing by the Department.
HOUSE OF REPRESENTATIVES 3851
The applicant shall only be entitled to perform such acts as may
be prescribed by and incidental to their program of residency or
specialty training and shall not otherwise engage in the practice of
dentistry in this State.
The authority to practice shall terminate immediately upon:
(1) the decision of the Department that the applicant has
failed the examination; or
(2) denial of licensure by the Department; or
(3) withdrawal of the application.
(Source: P.A. 89-116, eff. 7-7-95.)
(225 ILCS 25/18) (from Ch. 111, par. 2318)
Sec. 18. Acts Constituting the Practice of Dental Hygiene.
Limitations. A dental hygienist may be employed or engaged only:
(a) Under the supervision of a dentist:
(1) In the office of a dentist; or
(2) By a federal, State, county or municipal agency or
institution; or
(3) By a public or private school; or
(4) By a public clinic operating under the direction of a
hospital or federal, State, county, municipal or other public
agency or institution.
When employed or engaged pursuant to this paragraph (a) a dental
hygienist may perform the following procedures and acts:
(i) the operative procedure of dental hygiene, consisting
of oral prophylactic procedures;,
(ii) the exposure and processing of X-Ray films of the
teeth and surrounding structures;,
(iii) the application to the surfaces of the teeth or gums
of chemical compounds designed to be desensitizing agents or
effective agents in the prevention of dental caries or
periodontal disease;,
(iv) all services which may be performed by a dental
assistant as specified by rule pursuant to Section 17;,
(v) administration and monitoring of nitrous oxide upon
completion of a training program approved by the Department; and
(vi) (v) such other procedures and acts as shall be
prescribed by rule or regulation of the Department.
(b) Under the general supervision of a dentist in a long-term
care facility licensed by the State of Illinois, or a mental health
or developmental disability facility operated by the Department of
Human Services, if the patient is unable to travel to a dental office
because of illness or infirmity. The dentist shall personally
examine and diagnose the patient and determine which services are
necessary to be performed, which shall be contained in a written
order to the hygienist. Such order must be implemented within 90
days of its issuance, and an updated medical history and oral
inspection must be performed by the hygienist immediately prior to
beginning the procedures to ensure that the patient's health has not
changed in any manner to warrant a reexamination by the dentist.
(c) Without the supervision of a dentist, a dental hygienist may
perform dental health education functions and may record case
histories and oral conditions observed.
The number of dental hygienists practicing in a dental office
shall not exceed, at any one time, 4 times the number of dentists
practicing in the office at the time.
(Source: P.A. 88-65; 89-507, eff. 7-1-97.)".
Representative Saviano offered the following amendment and moved
its adoption:
3852 JOURNAL OF THE [May 11, 1999]
AMENDMENT NO. 2 TO SENATE BILL 800
AMENDMENT NO. ____. Amend Senate Bill 800, AS AMENDED, in
Section 5, Sec. 17, subsection (g), by replacing item (4) with the
following:
"(4) Administration of anesthetics, except for application
of (other than topical anesthetics and monitoring of nitrous
oxide. Monitoring of nitrous oxide may be performed after
successful completion of a training program approved by the
Department)."; and
in Section 5, Sec. 17, subsection (g), in item (7), after
"polishing", by inserting ", which may be performed by a dental
assistant who has successfully completed a training program approved
by the Department. Dental assistants may perform coronal polishing
under the following circumstances: (i) the coronal polishing shall be
limited to polishing the clinical crown of the tooth and existing
restorations, supragingivally; (ii) the dental assistant performing
the coronal polishing shall be limited to the use of rotary
instruments using a rubber cup or brush polishing method (air
polishing is not permitted); and (iii) the supervising dentist shall
not supervise more than 4 dental assistants at any one time for the
task of coronal polishing".
The motion prevailed and the amendment was adopted and ordered
printed.
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 849. Having been recalled on May 6, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Lang offered the following amendment and moved its
adoption:
AMENDMENT NO. 4 TO SENATE BILL 849
AMENDMENT NO. 4. Amend Senate Bill 849, AS AMENDED, in the
introductory clause of Section 5, by changing "Section 3-814" to
"Sections 1-122 and 3-814"; and
in Section 5, by inserting after Sec. 1-101.2 the following:
"(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
Sec. 1-122. Qualified examiner. "Qualified examiner" means a
person who is:
(a) a Clinical social worker as defined in this Act, or
(b) a registered nurse with a master's degree in psychiatric
nursing who has 3 years of clinical training and experience in the
evaluation and treatment of mental illness which has been acquired
subsequent to any training and experience which constituted a part of
the degree program, or
(c) a licensed clinical professional counselor with a master's or
doctoral degree in counseling or psychology or a similar master's or
doctorate program from a regionally accredited institution who has at
least 3 years of supervised postmaster's clinical professional
counseling experience that includes the provision of mental health
services for the evaluation, treatment, and prevention of mental and
emotional disorders.
A social worker who is a qualified examiner shall be a licensed
clinical social worker under the Clinical Social Work and Social Work
Practice Act.
HOUSE OF REPRESENTATIVES 3853
(Source: P.A. 87-124; 87-530.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 4
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 1032. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Urban
Revitilization, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1032
AMENDMENT NO. 1. Amend Senate Bill 1032 by replacing everything
after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing Section
18-185 as follows:
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5 Section
and Sections 18-190 through 18-245 may be cited as the Property Tax
Extension Limitation Law. As used in this Division 5 Sections 18-190
through 18-245:
"Consumer Price Index" means the Consumer Price Index for All
Urban Consumers for all items published by the United States
Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the 12-month
calendar year preceding the levy year or (b) the rate of increase
approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more inhabitants
or a county contiguous to a county of 3,000,000 or more inhabitants.
"Taxing district" has the same meaning provided in Section 1-150,
except as otherwise provided in this Section. For the 1991 through
1994 levy years only, "taxing district" includes only each non-home
rule taxing district having the majority of its 1990 equalized
assessed value within any county or counties contiguous to a county
with 3,000,000 or more inhabitants. Beginning with the 1995 levy
year, "taxing district" includes only each non-home rule taxing
district subject to this Law before the 1995 levy year and each
non-home rule taxing district not subject to this Law before the 1995
levy year having the majority of its 1994 equalized assessed value in
an affected county or counties. Beginning with the levy year in
which this Law becomes applicable to a taxing district as provided in
Section 18-213, "taxing district" also includes those taxing
districts made subject to this Law as provided in Section 18-213.
"Aggregate extension" for taxing districts to which this Law
applied before the 1995 levy year means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district, excluding
special purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were approved
by referendum; (b) made for any taxing district to pay interest or
principal on general obligation bonds issued before October 1, 1991;
(c) made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds issued
before October 1, 1991; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to refund
3854 JOURNAL OF THE [May 11, 1999]
bonds issued after October 1, 1991 that were approved by referendum;
(e) made for any taxing district to pay interest or principal on
revenue bonds issued before October 1, 1991 for payment of which a
property tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the governing body
of the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease payments
are for the retirement of bonds issued by the commission before
October 1, 1991, to pay for the building project; (g) made for
payments due under installment contracts entered into before October
1, 1991; (h) made for payments of principal and interest on bonds
issued under the Metropolitan Water Reclamation District Act to
finance construction projects initiated before October 1, 1991; (i)
made for payments of principal and interest on limited bonds, as
defined in Section 3 of the Local Government Debt Reform Act, in an
amount not to exceed the debt service extension base less the amount
in items (b), (c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest on bonds
issued under Section 15 of the Local Government Debt Reform Act; and
(k) made by a school district that participates in the Special
Education District of Lake County, created by special education joint
agreement under Section 10-22.31 of the School Code, for payment of
the school district's share of the amounts required to be contributed
by the Special Education District of Lake County to the Illinois
Municipal Retirement Fund under Article 7 of the Illinois Pension
Code; the amount of any extension under this item (k) shall be
certified by the school district to the county clerk.
"Aggregate extension" for the taxing districts to which this Law
did not apply before the 1995 levy year (except taxing districts
subject to this Law in accordance with Section 18-213) means the
annual corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation bonds
that were approved by referendum; (b) made for any taxing district to
pay interest or principal on general obligation bonds issued before
March 1, 1995; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund those bonds
issued before March 1, 1995; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to refund
bonds issued after March 1, 1995 that were approved by referendum;
(e) made for any taxing district to pay interest or principal on
revenue bonds issued before March 1, 1995 for payment of which a
property tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the governing body
of the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease payments
are for the retirement of bonds issued by the commission before March
1, 1995 to pay for the building project; (g) made for payments due
under installment contracts entered into before March 1, 1995; (h)
made for payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance construction
projects initiated before October 1, 1991; (i) made for payments of
principal and interest on limited bonds, as defined in Section 3 of
the Local Government Debt Reform Act, in an amount not to exceed the
debt service extension base less the amount in items (b), (c), and
HOUSE OF REPRESENTATIVES 3855
(e) of this definition for non-referendum obligations, except
obligations initially issued pursuant to referendum and bonds
described in subsection (h) of this definition; (j) made for payments
of principal and interest on bonds issued under Section 15 of the
Local Government Debt Reform Act; (k) made for payments of principal
and interest on bonds authorized by Public Act 88-503 and issued
under Section 20a of the Chicago Park District Act for aquarium or
museum projects; and (l) made for payments of principal and interest
on bonds authorized by Public Act 87-1191 and issued under Section 42
of the Cook County Forest Preserve District Act for zoological park
projects.
"Aggregate extension" for all taxing districts to which this Law
applies in accordance with Section 18-213, except for those taxing
districts subject to paragraph (2) of subsection (e) of Section
18-213, means the annual corporate extension for the taxing district
and those special purpose extensions that are made annually for the
taxing district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general obligation
bonds issued before the date on which the referendum making this Law
applicable to the taxing district is held; (c) made for any taxing
district to pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the date on which the
referendum making this Law applicable to the taxing district is held;
(d) made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund bonds issued after the
date on which the referendum making this Law applicable to the taxing
district is held if the bonds were approved by referendum after the
date on which the referendum making this Law applicable to the taxing
district is held; (e) made for any taxing district to pay interest or
principal on revenue bonds issued before the date on which the
referendum making this Law applicable to the taxing district is held
for payment of which a property tax levy or the full faith and credit
of the unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made only
after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission lease
when the lease payments are for the retirement of bonds issued by the
commission before the date on which the referendum making this Law
applicable to the taxing district is held to pay for the building
project; (g) made for payments due under installment contracts
entered into before the date on which the referendum making this Law
applicable to the taxing district is held; (h) made for payments of
principal and interest on limited bonds, as defined in Section 3 of
the Local Government Debt Reform Act, in an amount not to exceed the
debt service extension base less the amount in items (b), (c), and
(e) of this definition for non-referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for
payments of principal and interest on bonds issued under Section 15
of the Local Government Debt Reform Act; and (j) made for a qualified
airport authority to pay interest or principal on general obligation
bonds issued for the purpose of paying obligations due under, or
financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before
March 1, 1996 (but not including any amendments to such a contract
taking effect on or after that date).
"Aggregate extension" for all taxing districts to which this Law
applies in accordance with paragraph (2) of subsection (e) of Section
18-213 means the annual corporate extension for the taxing district
3856 JOURNAL OF THE [May 11, 1999]
and those special purpose extensions that are made annually for the
taxing district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general obligation
bonds issued before the effective date of this amendatory Act of
1997; (c) made for any taxing district to pay interest or principal
on bonds issued to refund or continue to refund those bonds issued
before the effective date of this amendatory Act of 1997; (d) made
for any taxing district to pay interest or principal on bonds issued
to refund or continue to refund bonds issued after the effective date
of this amendatory Act of 1997 if the bonds were approved by
referendum after the effective date of this amendatory Act of 1997;
(e) made for any taxing district to pay interest or principal on
revenue bonds issued before the effective date of this amendatory Act
of 1997 for payment of which a property tax levy or the full faith
and credit of the unit of local government is pledged; however, a tax
for the payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government finds
that all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission lease
when the lease payments are for the retirement of bonds issued by the
commission before the effective date of this amendatory Act of 1997
to pay for the building project; (g) made for payments due under
installment contracts entered into before the effective date of this
amendatory Act of 1997; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the Local
Government Debt Reform Act, in an amount not to exceed the debt
service extension base less the amount in items (b), (c), and (e) of
this definition for non-referendum obligations, except obligations
initially issued pursuant to referendum; (i) made for payments of
principal and interest on bonds issued under Section 15 of the Local
Government Debt Reform Act; and (j) made for a qualified airport
authority to pay interest or principal on general obligation bonds
issued for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed, installed or
equipped pursuant to, contracts entered into before March 1, 1996
(but not including any amendments to such a contract taking effect on
or after that date).
"Debt service extension base" means an amount equal to that
portion of the extension for a taxing district for the 1994 levy
year, or for those taxing districts subject to this Law in accordance
with Section 18-213, except for those subject to paragraph (2) of
subsection (e) of Section 18-213, for the levy year in which the
referendum making this Law applicable to the taxing district is held,
or for those taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18-213 for the 1996 levy
year, constituting an extension for payment of principal and interest
on bonds issued by the taxing district without referendum, but not
including (i) bonds authorized by Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium and museum
projects; (ii) bonds issued under Section 15 of the Local Government
Debt Reform Act; or (iii) refunding obligations issued to refund or
to continue to refund obligations initially issued pursuant to
referendum. The debt service extension base may be established or
increased as provided under Section 18-212.
"Special purpose extensions" include, but are not limited to,
extensions for levies made on an annual basis for unemployment and
workers' compensation, self-insurance, contributions to pension
plans, and extensions made pursuant to Section 6-601 of the Illinois
Highway Code for a road district's permanent road fund whether levied
HOUSE OF REPRESENTATIVES 3857
annually or not. The extension for a special service area is not
included in the aggregate extension.
"Aggregate extension base" means the taxing district's last
preceding aggregate extension as adjusted under Sections 18-215
through 18-230.
"Levy year" has the same meaning as "year" under Section 1-155.
"New property" means (i) the assessed value, after final board of
review or board of appeals action, of new improvements or additions
to existing improvements on any parcel of real property that increase
the assessed value of that real property during the levy year
multiplied by the equalization factor issued by the Department under
Section 17-30 and (ii) the assessed value, after final board of
review or board of appeals action, of real property not exempt from
real estate taxation, which real property was exempt from real estate
taxation for any portion of the immediately preceding levy year,
multiplied by the equalization factor issued by the Department under
Section 17-30. In addition, the county clerk in a county containing
a population of 3,000,000 or more shall include in the 1997 recovered
tax increment value for any school district, any recovered tax
increment value that was applicable to the 1995 tax year
calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a county
bordering on the State of Wisconsin and having a population in excess
of 200,000 and not greater than 500,000.
"Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a municipality
terminates the designation of an area as a redevelopment project area
previously established under the Tax Increment Allocation Development
Act in the Illinois Municipal Code, previously established under the
Industrial Jobs Recovery Law in the Illinois Municipal Code, or
previously established under the Economic Development Area Tax
Increment Allocation Act, of each taxable lot, block, tract, or
parcel of real property in the redevelopment project area over and
above the initial equalized assessed value of each property in the
redevelopment project area. For the taxes which are extended for the
1997 levy year, the recovered tax increment value for a non-home rule
taxing district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed value was
in an affected county or counties shall be increased if a
municipality terminated the designation of an area in 1993 as a
redevelopment project area previously established under the Tax
Increment Allocation Development Act in the Illinois Municipal Code,
previously established under the Industrial Jobs Recovery Law in the
Illinois Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, by an amount equal to
the 1994 equalized assessed value of each taxable lot, block, tract,
or parcel of real property in the redevelopment project area over and
above the initial equalized assessed value of each property in the
redevelopment project area. In the first year after a municipality
removes a taxable lot, block, tract, or parcel of real property from
a redevelopment project area established under the Tax Increment
Allocation Development Act in the Illinois Municipal Code, the
Industrial Jobs Recovery Law in the Illinois Municipal Code, or the
Economic Development Area Tax Increment Allocation Act, "recovered
tax increment value" means the amount of the current year's equalized
assessed value of each taxable lot, block, tract, or parcel of real
property removed from the redevelopment project area over and above
the initial equalized assessed value of that real property before
removal from the redevelopment project area.
3858 JOURNAL OF THE [May 11, 1999]
Except as otherwise provided in this Section, "limiting rate"
means a fraction the numerator of which is the last preceding
aggregate extension base times an amount equal to one plus the
extension limitation defined in this Section and the denominator of
which is the current year's equalized assessed value of all real
property in the territory under the jurisdiction of the taxing
district during the prior levy year. For those taxing districts that
reduced their aggregate extension for the last preceding levy year,
the highest aggregate extension in any of the last 3 preceding levy
years shall be used for the purpose of computing the limiting rate.
The denominator shall not include new property. The denominator
shall not include the recovered tax increment value.
(Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95; 89-385, eff.
8-18-95; 89-436, eff. 1-1-96; 89-449, eff. 6-1-96; 89-510, eff.
7-11-96; 89-718, eff. 3-7-97; 90-485, eff. 1-1-98; 90-511, eff.
8-22-97; 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff.
7-30-98; revised 10-28-98.)
Section 10. The Illinois Municipal Code is amended by changing
Sections 11-74.4-3, 11-74.4-4, 11-74.4-4.1, 11-74.4-5, 11-74.4-6,
11-74.4-7, 11-74.4-7.1, 11-74.4-8, and 11-74.4-8a and adding Section
11-74.4-4.2 as follows:
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever used
or referred to in this Division 74.4 shall have the following
respective meanings, unless in any case a different meaning clearly
appears from the context.
(a) For any redevelopment project area that has been designated
pursuant to this Section by an ordinance adopted prior to the
effective date of this amendatory Act of the 91st General Assembly,
"blighted area" shall have the meaning set forth in this Section
prior to the effective date of this amendatory Act of the 91st
General Assembly.
On and after the effective date of this amendatory Act of the
91st General Assembly, "blighted area" means any improved or vacant
area within the boundaries of a redevelopment project area located
within the territorial limits of the municipality where:
(1) If improved, industrial, commercial, and residential
buildings or improvements are detrimental to the public safety,
health, or welfare because of a combination of 5 or more of the
following factors, each of which is (i) present, with that
presence documented, to a meaningful extent so that a
municipality may reasonably find that the factor is clearly
present within the intent of the Act and (ii) reasonably
distributed throughout the improved part of the redevelopment
project area:
(A) Dilapidation. An advanced state of disrepair or
neglect of necessary repairs to the primary structural
components of buildings or improvements in such a
combination that a documented building condition analysis
determines that major repair is required or the defects are
so serious and so extensive that the buildings must be
removed.
(B) Obsolescence. The condition or process of falling
into disuse. Structures have become ill-suited for the
original use.
(C) Deterioration. With respect to buildings, defects
including, but not limited to, major defects in the
secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With respect
to surface improvements, that the condition of roadways,
alleys, curbs, gutters, sidewalks, off-street parking, and
HOUSE OF REPRESENTATIVES 3859
surface storage areas evidence deterioration, including, but
not limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds protruding
through paved surfaces.
(D) Presence of structures below minimum code
standards. All structures that do not meet the standards of
zoning, subdivision, building, fire, and other governmental
codes applicable to property, but not including housing and
property maintenance codes.
(E) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or
local laws, exclusive of those applicable to the presence of
structures below minimum code standards.
(F) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that represent an
adverse influence on the area because of the frequency,
extent, or duration of the vacancies.
(G) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for light
or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or other
noxious airborne materials. Inadequate natural light and
ventilation means the absence of skylights or windows for
interior spaces or rooms and improper window sizes and
amounts by room area to window area ratios. Inadequate
sanitary facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities, hot
water and kitchens, and structural inadequacies preventing
ingress and egress to and from all rooms and units within a
building.
(H) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage, sanitary
sewers, water lines, and gas, telephone, and electrical
services that are shown to be inadequate. Inadequate
utilities are those that are: (i) of insufficient capacity
to serve the uses in the redevelopment project area, (ii)
deteriorated, antiquated, obsolete, or in disrepair, or
(iii) lacking within the redevelopment project area.
(I) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive use
of property and the crowding of buildings and accessory
facilities onto a site. Examples of problem conditions
warranting the designation of an area as one exhibiting
excessive land coverage are: (i) the presence of buildings
either improperly situated on parcels or located on parcels
of inadequate size and shape in relation to present-day
standards of development for health and safety and (ii) the
presence of multiple buildings on a single parcel. For
there to be a finding of excessive land coverage, these
parcels must exhibit one or more of the following
conditions: insufficient provision for light and air within
or around buildings, increased threat of spread of fire due
to the close proximity of buildings, lack of adequate or
proper access to a public right-of-way, lack of reasonably
required off-street parking, or inadequate provision for
loading and service.
(J) Deleterious land use or layout. The existence of
incompatible land-use relationships, buildings occupied by
inappropriate mixed-uses, or uses considered to be noxious,
offensive, or unsuitable for the surrounding area.
(K) Environmental clean-up. The proposed
3860 JOURNAL OF THE [May 11, 1999]
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs for, or a
study conducted by an independent consultant recognized as
having expertise in environmental remediation has determined
a need for, the clean-up of hazardous waste, hazardous
substances, or underground storage tanks required by State
or federal law, provided that the remediation costs
constitute a material impediment to the development or
redevelopment of the redevelopment project area.
(L) Lack of community planning. The proposed
redevelopment project area was developed prior to or without
the benefit or guidance of a community plan. This means that
the development occurred prior to the adoption by the
municipality of a comprehensive or other community plan or
that the plan was not followed at the time of the area's
development. This factor must be documented by evidence of
adverse or incompatible land-use relationships, inadequate
street layout, improper subdivision, parcels of inadequate
shape and size to meet contemporary development standards,
or other evidence demonstrating an absence of effective
community planning.
(M) The total equalized assessed value of the proposed
redevelopment project area has declined for 3 of the last 5
calendar years prior to the year in which the redevelopment
project area is designated or is increasing at an annual
rate that is less than the balance of the municipality for 3
of the last 5 calendar years for which information is
available or is increasing at an annual rate that is less
than the Consumer Price Index for All Urban Consumers
published by the United States Department of Labor or
successor agency for 3 of the last 5 calendar years prior to
the year in which the redevelopment project area is
designated.
(2) If vacant, the sound growth of the redevelopment
project area is impaired by a combination of 2 or more of the
following factors, each of which is (i) present, with that
presence documented, to a meaningful extent so that a
municipality may reasonably find that the factor is clearly
present within the intent of the Act and (ii) reasonably
distributed throughout the vacant part of the redevelopment
project area:
(A) Obsolete platting of vacant land that results in
parcels of limited or narrow size or configurations of
parcels of irregular size or shape that would be difficult
to develop on a planned basis and in a manner compatible
with contemporary standards and requirements, or platting
that failed to create rights-of-ways for streets or alleys
or that created inadequate right-of-way widths for streets,
alleys, or other public rights-of-way or that omitted
easements for public utilities.
(B) Diversity of ownership of parcels of vacant land
sufficient in number to retard or impede the ability to
assemble the land for development.
(C) Tax and special assessment delinquencies exist or
the property has been the subject of tax sales under the
Property Tax Code within the last 5 years.
(D) Deterioration of structures or site improvements
in neighboring areas adjacent to the vacant land.
(E) The area has incurred Illinois Environmental
Protection Agency or United States Environmental Protection
HOUSE OF REPRESENTATIVES 3861
Agency remediation costs for, or a study conducted by an
independent consultant recognized as having expertise in
environmental remediation has determined a need for, the
clean-up of hazardous waste, hazardous substances, or
underground storage tanks required by State or federal law,
provided that the remediation costs constitute a material
impediment to the development or redevelopment of the
redevelopment project area.
(F) The total equalized assessed value of the proposed
redevelopment project area has declined for 3 of the last 5
calendar years prior to the year in which the redevelopment
project area is designated or is increasing at an annual
rate that is less than the balance of the municipality for 3
of the last 5 calendar years for which information is
available or is increasing at an annual rate that is less
than the Consumer Price Index for All Urban Consumers
published by the United States Department of Labor or
successor agency for 3 of the last 5 calendar years prior to
the year in which the redevelopment project area is
designated.
(3) If vacant, the sound growth of the redevelopment
project area is impaired by one of the following factors that (i)
is present, with that presence documented, to a meaningful extent
so that a municipality may reasonably find that the factor is
clearly present within the intent of the Act and (ii) is
reasonably distributed throughout the vacant part of the
redevelopment project area:
(A) The area consists of one or more unused quarries,
mines, or strip mine ponds.
(B) The area consists of unused railyards, rail
tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is subject to
chronic flooding that adversely impacts on real property in
the area as certified by a registered professional engineer
or appropriate regulatory agency.
(D) The area consists of an unused or illegal disposal
site containing earth, stone, building debris, or similar
materials that were removed from construction, demolition,
excavation, or dredge sites.
(E) Prior to the effective date of this amendatory Act
of the 91st General Assembly, the area is not less than 50
nor more than 100 acres and 75% of which is vacant
(notwithstanding that the area has been used for commercial
agricultural purposes within 5 years prior to the
designation of the redevelopment project area), and the area
meets at least one of the factors itemized in paragraph (1)
of this subsection, the area has been designated as a town
or village center by ordinance or comprehensive plan adopted
prior to January 1, 1982, and the area has not been
developed for that designated purpose.
(F) The area qualified as a blighted improved area
immediately prior to becoming vacant, unless there has been
substantial private investment in the immediately
surrounding area., if improved, industrial, commercial and
residential buildings or improvements, because of a
combination of 5 or more of the following factors: age;
dilapidation; obsolescence; deterioration; illegal use of
individual structures; presence of structures below minimum
code standards; excessive vacancies; overcrowding of
structures and community facilities; lack of ventilation,
light or sanitary facilities; inadequate utilities;
3862 JOURNAL OF THE [May 11, 1999]
excessive land coverage; deleterious land use or layout;
depreciation of physical maintenance; lack of community
planning, is detrimental to the public safety, health,
morals or welfare, or if vacant, the sound growth of the
taxing districts is impaired by, (1) a combination of 2 or
more of the following factors: obsolete platting of the
vacant land; diversity of ownership of such land; tax and
special assessment delinquencies on such land; flooding on
all or part of such vacant land; deterioration of structures
or site improvements in neighboring areas adjacent to the
vacant land, or (2) the area immediately prior to becoming
vacant qualified as a blighted improved area, or (3) the
area consists of an unused quarry or unused quarries, or (4)
the area consists of unused railyards, rail tracks or
railroad rights-of-way, or (5) the area, prior to its
designation, is subject to chronic flooding which adversely
impacts on real property in the area and such flooding is
substantially caused by one or more improvements in or in
proximity to the area which improvements have been in
existence for at least 5 years, or (6) the area consists of
an unused disposal site, containing earth, stone, building
debris or similar material, which were removed from
construction, demolition, excavation or dredge sites, or (7)
the area is not less than 50 nor more than 100 acres and 75%
of which is vacant, notwithstanding the fact that such area
has been used for commercial agricultural purposes within 5
years prior to the designation of the redevelopment project
area, and which area meets at least one of the factors
itemized in provision (1) of this subsection (a), and the
area has been designated as a town or village center by
ordinance or comprehensive plan adopted prior to January 1,
1982, and the area has not been developed for that
designated purpose.
(b) For any redevelopment project area that has been designated
pursuant to this Section by an ordinance adopted prior to the
effective date of this amendatory Act of the 91st General Assembly,
"conservation area" shall have the meaning set forth in this Section
prior to the effective date of this amendatory Act of the 91st
General Assembly.
On and after the effective date of this amendatory Act of the
91st General Assembly, "conservation area" means any improved area
within the boundaries of a redevelopment project area located within
the territorial limits of the municipality in which 50% or more of
the structures in the area have an age of 35 years or more. Such an
area is not yet a blighted area but because of a combination of 3 or
more of the following factors dilapidation; obsolescence;
deterioration; illegal use of individual structures; presence of
structures below minimum code standards; abandonment; excessive
vacancies; overcrowding of structures and community facilities; lack
of ventilation, light or sanitary facilities; inadequate utilities;
excessive land coverage; deleterious land use or layout; depreciation
of physical maintenance; lack of community planning, is detrimental
to the public safety, health, morals or welfare and such an area may
become a blighted area:.
(1) Dilapidation. An advanced state of disrepair or
neglect of necessary repairs to the primary structural components
of buildings or improvements in such a combination that a
documented building condition analysis determines that major
repair is required or the defects are so serious and so extensive
that the buildings must be removed.
(2) Obsolescence. The condition or process of falling into
HOUSE OF REPRESENTATIVES 3863
disuse. Structures have become ill-suited for the original use.
(3) Deterioration. With respect to buildings, defects
including, but not limited to, major defects in the secondary
building components such as doors, windows, porches, gutters and
downspouts, and fascia. With respect to surface improvements,
that the condition of roadways, alleys, curbs, gutters,
sidewalks, off-street parking, and surface storage areas evidence
deterioration, including, but not limited to, surface cracking,
crumbling, potholes, depressions, loose paving material, and
weeds protruding through paved surfaces.
(4) Presence of structures below minimum code standards.
All structures that do not meet the standards of zoning,
subdivision, building, fire, and other governmental codes
applicable to property, but not including housing and property
maintenance codes.
(5) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or local
laws, exclusive of those applicable to the presence of structures
below minimum code standards.
(6) Excessive vacancies. The presence of buildings that
are unoccupied or under-utilized and that represent an adverse
influence on the area because of the frequency, extent, or
duration of the vacancies.
(7) Lack of ventilation, light, or sanitary facilities.
The absence of adequate ventilation for light or air circulation
in spaces or rooms without windows, or that require the removal
of dust, odor, gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the absence or
inadequacy of skylights or windows for interior spaces or rooms
and improper window sizes and amounts by room area to window area
ratios. Inadequate sanitary facilities refers to the absence or
inadequacy of garbage storage and enclosure, bathroom facilities,
hot water and kitchens, and structural inadequacies preventing
ingress and egress to and from all rooms and units within a
building.
(8) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage, sanitary
sewers, water lines, and gas, telephone, and electrical services
that are shown to be inadequate. Inadequate utilities are those
that are: (i) of insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated, antiquated,
obsolete, or in disrepair, or (iii) lacking within the
redevelopment project area.
(9) Excessive land coverage and overcrowding of structures
and community facilities. The over-intensive use of property and
the crowding of buildings and accessory facilities onto a site.
Examples of problem conditions warranting the designation of an
area as one exhibiting excessive land coverage are: the presence
of buildings either improperly situated on parcels or located on
parcels of inadequate size and shape in relation to present-day
standards of development for health and safety and the presence
of multiple buildings on a single parcel. For there to be a
finding of excessive land coverage, these parcels must exhibit
one or more of the following conditions: insufficient provision
for light and air within or around buildings, increased threat of
spread of fire due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way, lack of
reasonably required off-street parking, or inadequate provision
for loading and service.
(10) Deleterious land use or layout. The existence of
incompatible land-use relationships, buildings occupied by
3864 JOURNAL OF THE [May 11, 1999]
inappropriate mixed-uses, or uses considered to be noxious,
offensive, or unsuitable for the surrounding area.
(11) Lack of community planning. The proposed
redevelopment project area was developed prior to or without the
benefit or guidance of a community plan. This means that the
development occurred prior to the adoption by the municipality of
a comprehensive or other community plan or that the plan was not
followed at the time of the area's development. This factor must
be documented by evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper subdivision,
parcels of inadequate shape and size to meet contemporary
development standards, or other evidence demonstrating an absence
of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental Protection
Agency remediation costs for, or a study conducted by an
independent consultant recognized as having expertise in
environmental remediation has determined a need for, the clean-up
of hazardous waste, hazardous substances, or underground storage
tanks required by State or federal law, provided that the
remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project area.
(13) The total equalized assessed value of the proposed
redevelopment project area has declined for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the balance of the
municipality for 3 of the last 5 calendar years for which
information is available or is increasing at an annual rate that
is less than the Consumer Price Index for All Urban Consumers
published by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years for which information
is available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing, industrial,
research or transportation enterprise, of facilities to include but
not be limited to factories, mills, processing plants, assembly
plants, packing plants, fabricating plants, industrial distribution
centers, warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
(d) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the
territorial limits of a municipality that is a labor surplus
municipality or within 1 1/2 miles of the territorial limits of a
municipality that is a labor surplus municipality if the area is
annexed to the municipality; which area is zoned as industrial no
later than at the time the municipality by ordinance designates the
redevelopment project area, and which area includes both vacant land
suitable for use as an industrial park and a blighted area or
conservation area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in which,
at any time during the 6 months before the municipality by ordinance
designates an industrial park conservation area, the unemployment
rate was over 6% and was also 100% or more of the national average
unemployment rate for that same time as published in the United
States Department of Labor Bureau of Labor Statistics publication
entitled "The Employment Situation" or its successor publication. For
the purpose of this subsection, if unemployment rate statistics for
the municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the unemployment rate
in the principal county in which the municipality is located.
HOUSE OF REPRESENTATIVES 3865
(f) "Municipality" shall mean a city, village or incorporated
town.
(g) "Initial Sales Tax Amounts" means the amount of taxes paid
under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax
Act, the Service Occupation Tax Act, the Municipal Retailers'
Occupation Tax Act, and the Municipal Service Occupation Tax Act by
retailers and servicemen on transactions at places located in a State
Sales Tax Boundary during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount of
taxes paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act, and the Municipal Service Occupation
Tax Act by retailers and servicemen on transactions at places located
within the State Sales Tax Boundary revised pursuant to Section
11-74.4-8a(9) of this Act.
(h) "Municipal Sales Tax Increment" means an amount equal to the
increase in the aggregate amount of taxes paid to a municipality from
the Local Government Tax Fund arising from sales by retailers and
servicemen within the redevelopment project area or State Sales Tax
Boundary, as the case may be, for as long as the redevelopment
project area or State Sales Tax Boundary, as the case may be, exist
over and above the aggregate amount of taxes as certified by the
Illinois Department of Revenue and paid under the Municipal
Retailers' Occupation Tax Act and the Municipal Service Occupation
Tax Act by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State Sales Tax
Boundary, as the case may be, during the base year which shall be the
calendar year immediately prior to the year in which the municipality
adopted tax increment allocation financing. For purposes of
computing the aggregate amount of such taxes for base years occurring
prior to 1985, the Department of Revenue shall determine the Initial
Sales Tax Amounts for such taxes and deduct therefrom an amount equal
to 4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction of
12%. The amount so determined shall be known as the "Adjusted
Initial Sales Tax Amounts". For purposes of determining the
Municipal Sales Tax Increment, the Department of Revenue shall for
each period subtract from the amount paid to the municipality from
the Local Government Tax Fund arising from sales by retailers and
servicemen on transactions located in the redevelopment project area
or the State Sales Tax Boundary, as the case may be, the certified
Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or
the Revised Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax Act. For
the State Fiscal Year 1989, this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation shall be
made by utilizing the period from January 1, 1988, until September
30, 1988, to determine the tax amounts received from retailers and
servicemen pursuant to the Municipal Retailers' Occupation Tax and
the Municipal Service Occupation Tax Act, which shall have deducted
therefrom nine-twelfths of the certified Initial Sales Tax Amounts,
the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For the State Fiscal Year 1991, this
calculation shall be made by utilizing the period from October 1,
1988, to June 30, 1989, to determine the tax amounts received from
retailers and servicemen pursuant to the Municipal Retailers'
Occupation Tax and the Municipal Service Occupation Tax Act which
shall have deducted therefrom nine-twelfths of the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts as appropriate. For every State Fiscal Year
3866 JOURNAL OF THE [May 11, 1999]
thereafter, the applicable period shall be the 12 months beginning
July 1 and ending June 30 to determine the tax amounts received which
shall have deducted therefrom the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts, as the case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax Increment
annually generated within a State Sales Tax Boundary; (b) 60% of the
amount in excess of $100,000 but not exceeding $500,000 of State
Sales Tax Increment annually generated within a State Sales Tax
Boundary; and (c) 40% of all amounts in excess of $500,000 of State
Sales Tax Increment annually generated within a State Sales Tax
Boundary. If, however, a municipality established a tax increment
financing district in a county with a population in excess of
3,000,000 before January 1, 1986, and the municipality entered into a
contract or issued bonds after January 1, 1986, but before December
31, 1986, to finance redevelopment project costs within a State Sales
Tax Boundary, then the Net State Sales Tax Increment means, for the
fiscal years beginning July 1, 1990, and July 1, 1991, 100% of the
State Sales Tax Increment annually generated within a State Sales Tax
Boundary; and notwithstanding any other provision of this Act, for
those fiscal years the Department of Revenue shall distribute to
those municipalities 100% of their Net State Sales Tax Increment
before any distribution to any other municipality and regardless of
whether or not those other municipalities will receive 100% of their
Net State Sales Tax Increment. For Fiscal Year 1999, and every year
thereafter until the year 2007, for any municipality that has not
entered into a contract or has not issued bonds prior to June 1, 1988
to finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be calculated as
follows: By multiplying the Net State Sales Tax Increment by 90% in
the State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% in
the State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in
the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in
the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and
10% in the State Fiscal Year 2007. No payment shall be made for State
Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within the
State Sales Tax Boundary prior to July 29, 1991, or that entered into
contracts in connection with a redevelopment project in a
redevelopment project area before June 1, 1988, shall continue to
receive their proportional share of the Illinois Tax Increment Fund
distribution until the date on which the redevelopment project is
completed or terminated, or the date on which the bonds are retired
or the contracts are completed, whichever date occurs first.
Refunding of any bonds issued prior to July 29, 1991, shall not alter
the Net State Sales Tax Increment.
(j) "State Utility Tax Increment Amount" means an amount equal
to the aggregate increase in State electric and gas tax charges
imposed on owners and tenants, other than residential customers, of
properties located within the redevelopment project area under
Section 9-222 of the Public Utilities Act, over and above the
aggregate of such charges as certified by the Department of Revenue
and paid by owners and tenants, other than residential customers, of
properties within the redevelopment project area during the base
year, which shall be the calendar year immediately prior to the year
of the adoption of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
HOUSE OF REPRESENTATIVES 3867
Increment annually generated by a redevelopment project area; (b) 60%
of the amount in excess of $100,000 but not exceeding $500,000 of the
State Utility Tax Increment annually generated by a redevelopment
project area; and (c) 40% of all amounts in excess of $500,000 of
State Utility Tax Increment annually generated by a redevelopment
project area. For the State Fiscal Year 1999, and every year
thereafter until the year 2007, for any municipality that has not
entered into a contract or has not issued bonds prior to June 1, 1988
to finance redevelopment project costs within a redevelopment project
area, the Net State Utility Tax Increment shall be calculated as
follows: By multiplying the Net State Utility Tax Increment by 90% in
the State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% in
the State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in
the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in
the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and
10% in the State Fiscal Year 2007. No payment shall be made for the
State Fiscal Year 2008 and thereafter.
Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988 until 3
years after the effective date of this Amendatory Act of 1988 shall
receive the Net State Utility Tax Increment, subject to
appropriation, for 15 State Fiscal Years after the issuance of such
bonds. For the 16th through the 20th State Fiscal Years after
issuance of the bonds, the Net State Utility Tax Increment shall be
calculated as follows: By multiplying the Net State Utility Tax
Increment by 90% in year 16; 80% in year 17; 70% in year 18; 60% in
year 19; and 50% in year 20. Refunding of any bonds issued prior to
June 1, 1988, shall not alter the revised Net State Utility Tax
Increment payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes, special
certificates or other evidence of indebtedness issued by the
municipality to carry out a redevelopment project or to refund
outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area derived
from real property that has been acquired by a municipality which
according to the redevelopment project or plan is to be used for a
private use which taxing districts would have received had a
municipality not acquired the real property and adopted tax increment
allocation financing and which would result from levies made after
the time of the adoption of tax increment allocation financing to the
time the current equalized value of real property in the
redevelopment project area exceeds the total initial equalized value
of real property in said area.
(n) "Redevelopment plan" means the comprehensive program of the
municipality for development or redevelopment intended by the payment
of redevelopment project costs to reduce or eliminate those
conditions the existence of which qualified the redevelopment project
area as a "blighted area" or "conservation area" or combination
thereof or "industrial park conservation area," and thereby to
enhance the tax bases of the taxing districts which extend into the
redevelopment project area. On and after the effective date of this
amendatory Act of the 91st General Assembly, no redevelopment plan
may be approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or municipal
government as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior to
the adoption of the redevelopment plan. For the purpose of this
subsection, "recreational activities" is limited to mean camping and
hunting. Each redevelopment plan shall set forth in writing the
3868 JOURNAL OF THE [May 11, 1999]
program to be undertaken to accomplish the objectives and shall
include but not be limited to:
(A) an itemized list of estimated redevelopment project
costs;
(B) evidence indicating that the redevelopment project area
on the whole has not been subject to growth and development
through investment by private enterprise;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan and any
program to address such financial impact or increased demand;
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be issued;
(F) the most recent equalized assessed valuation of the
redevelopment project area;
(G) an estimate as to the equalized assessed valuation
after redevelopment and the general land uses to apply in the
redevelopment project area;
(H) a commitment to fair employment practices and an
affirmative action plan;
(I) if it concerns an industrial park conservation area,
the plan shall also include a general description of any proposed
developer, user and tenant of any property, a description of the
type, structure and general character of the facilities to be
developed, a description of the type, class and number of new
employees to be employed in the operation of the facilities to be
developed; and
(J) if property is to be annexed to the municipality, the
plan shall include the terms of the annexation agreement.
The provisions of items (B) and (C) of this subsection (n) shall
not apply to a municipality that before March 14, 1994 (the effective
date of Public Act 88-537) had fixed, either by its corporate
authorities or by a commission designated under subsection (k) of
Section 11-74.4-4, a time and place for a public hearing as required
by subsection (a) of Section 11-74.4-5. No redevelopment plan shall
be adopted unless a municipality complies with all of the following
requirements:
(1) The municipality finds that the redevelopment project
area on the whole has not been subject to growth and development
through investment by private enterprise and would not reasonably
be anticipated to be developed without the adoption of the
redevelopment plan.
(2) The municipality finds that the redevelopment plan and
project conform to the comprehensive plan for the development of
the municipality as a whole, or, for municipalities with a
population of 100,000 or more, regardless of when the
redevelopment plan and project was adopted, the redevelopment
plan and project either: (i) conforms to the strategic economic
development or redevelopment plan issued by the designated
planning authority of the municipality, or (ii) includes land
uses that have been approved by the planning commission of the
municipality.
(3) The redevelopment plan establishes the estimated dates
of completion of the redevelopment project and retirement of
obligations issued to finance redevelopment project costs. Those
dates shall not be later than December 31 of the year in which
the payment to the municipal treasurer as provided in subsection
(b) of Section 11-74.4-8 of this Act is to be made with respect
to ad valorem taxes levied in the twenty-third calendar year
after the year in which the ordinance approving the redevelopment
project area is adopted more than 23 years from the adoption of
HOUSE OF REPRESENTATIVES 3869
the ordinance approving the redevelopment project area if the
ordinance was adopted on or after January 15, 1981, and not later
than December 31 of the year in which the payment to the
municipal treasurer as provided in subsection (b) of Section
11-74.4-8 of this Act is to be made with respect to ad valorem
taxes levied in the thirty-fifth calendar year after the year in
which the ordinance approving the redevelopment project area is
adopted not more than 35 years if the ordinance was adopted
before January 15, 1981, or if the ordinance was adopted in April
1984 or July 1985, or if the ordinance was adopted in December
1987 and the redevelopment project is located within one mile of
Midway Airport, or if the municipality is subject to the Local
Government Financial Planning and Supervision Act, or if the
ordinance was adopted on December 31, 1986 by a municipality
located in Clinton County for which at least $250,000 of tax
increment bonds were authorized on June 17, 1997. However, for
redevelopment project areas for which bonds were issued before
July 29, 1991, or for which contracts were entered into before
June 1, 1988, in connection with a redevelopment project in the
area within the State Sales Tax Boundary, the estimated dates of
completion of the redevelopment project and retirement of
obligations to finance redevelopment project costs may be
extended by municipal ordinance to December 31, 2013. The
extension allowed by this amendatory Act of 1993 shall not apply
to real property tax increment allocation financing under Section
11-74.4-8. A municipality may by municipal ordinance amend an
existing redevelopment plan to conform to this paragraph (3) as
amended by this amendatory Act of the 91st General Assembly,
which municipal ordinance may be adopted without further hearing
or notice and without complying with the procedures provided in
this Act pertaining to an amendment to or the initial approval of
a redevelopment plan and project and designation of a
redevelopment project area.
Those dates, for purposes of real property tax increment
allocation financing pursuant to Section 11-74.4-8 only, shall be
not more than 35 years for redevelopment project areas that were
adopted on or after December 16, 1986 and for which at least $8
million worth of municipal bonds were authorized on or after
December 19, 1989 but before January 1, 1990; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after at
least 14 but not more than 30 days' written notice to the taxing
bodies, that would otherwise constitute the joint review board
for the redevelopment project area, before the adoption of the
ordinance.
Those dates, for purposes of real property tax increment
allocation financing pursuant to Section 11-74.4-8 only, shall be
not more than 35 years for redevelopment project areas that were
established on or after December 1, 1981 but before January 1,
1982 and for which at least $1,500,000 worth of tax increment
revenue bonds were authorized on or after September 30, 1990 but
before July 1, 1991; provided that the municipality elects to
extend the life of the redevelopment project area to 35 years by
the adoption of an ordinance after at least 14 but not more than
30 days' written notice to the taxing bodies, that would
otherwise constitute the joint review board for the redevelopment
project area, before the adoption of the ordinance.
(3.5) (4) The municipality finds, in the case of an
industrial park conservation area, also that the municipality is
a labor surplus municipality and that the implementation of the
redevelopment plan will reduce unemployment, create new jobs and
3870 JOURNAL OF THE [May 11, 1999]
by the provision of new facilities enhance the tax base of the
taxing districts that extend into the redevelopment project area.
(4) (5) If any incremental revenues are being utilized
under Section 8(a)(1) or 8(a)(2) of this Act in redevelopment
project areas approved by ordinance after January 1, 1986, the
municipality finds: (a) that the redevelopment project area would
not reasonably be developed without the use of such incremental
revenues, and (b) that such incremental revenues will be
exclusively utilized for the development of the redevelopment
project area.
(5) On and after the effective date of this amendatory Act
of the 91st General Assembly, if the redevelopment plan will not
result in displacement of residents from inhabited units, and the
municipality certifies in the plan that displacement will not
result from the plan, a housing impact study need not be
performed. If, however, the redevelopment plan would result in
the displacement of residents from 10 or more inhabited
residential units, or if the redevelopment project area contains
75 or more inhabited residential units and no certification is
made, then the municipality shall prepare, as part of the
separate feasibility report required by subsection (a) of Section
11-74.4-5, a housing impact study.
Part I of the housing impact study shall include (i) data as
to whether the residential units are single family or
multi-family units, (ii) the number and type of rooms within the
units, if that information is available, (iii) whether the units
are inhabited or uninhabited, as determined not less than 45 days
before the date that the ordinance or resolution required by
subsection (a) of Section 11-74.4-5 is passed, and (iv) data as
to the racial and ethnic composition of the residents in the
inhabited residential units. The data requirement as to the
racial and ethnic composition of the residents in the inhabited
residential units shall be deemed to be fully satisfied by data
from the most recent federal census.
Part II of the housing impact study shall identify the
inhabited residential units in the proposed redevelopment project
area that are to be or may be removed. If inhabited residential
units are to be removed, then the housing impact study shall
identify (i) the number and location of those units that will or
may be removed, (ii) the municipality's plans for relocation
assistance for those residents in the proposed redevelopment
project area whose residences are to be removed, (iii) the
availability of replacement housing for those residents whose
residences are to be removed, and shall identify the type,
location, and cost of the housing, and (iv) the type and extent
of relocation assistance to be provided.
(6) On and after the effective date of this amendatory Act
of the 91st General Assembly, the housing impact study required
by paragraph (5) shall be incorporated in the redevelopment plan
for the redevelopment project area.
(7) On and after the effective date of this amendatory Act
of the 91st General Assembly, no redevelopment plan shall be
adopted, nor an existing plan amended, nor shall residential
housing that is occupied by households of low-income and very
low-income persons in currently existing redevelopment project
areas be removed after the effective date of this amendatory Act
of the 91st General Assembly unless the redevelopment plan
provides, with respect to inhabited housing units that are to be
removed for households of low-income and very low-income persons,
affordable housing and relocation assistance not less than that
which would be provided under the federal Uniform Relocation
HOUSE OF REPRESENTATIVES 3871
Assistance and Real Property Acquisition Policies Act of 1970 and
the regulations under that Act, including the eligibility
criteria. Affordable housing may be either existing or newly
constructed housing. For purposes of this paragraph (7),
"low-income households", "very low-income households", and
"affordable housing" have the meanings set forth in the Illinois
Affordable Housing Act. The municipality shall make a good faith
effort to ensure that this affordable housing is located in or
near the redevelopment project area within the municipality.
(8) On and after the effective date of this amendatory Act
of the 91st General Assembly, if, after the adoption of the
redevelopment plan for the redevelopment project area, any
municipality desires to amend its redevelopment plan to remove
more inhabited residential units than specified in its original
redevelopment plan, that increase in the number of units to be
removed shall be deemed to be a change in the nature of the
redevelopment plan as to require compliance with the procedures
in this Act pertaining to the initial approval of a redevelopment
plan.
(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after the effective date of this
amendatory Act of the 91st General Assembly, no redevelopment plan
may be approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or municipal
government as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior to
the adoption of the redevelopment plan. For the purpose of this
subsection, "recreational activities" is limited to mean camping and
hunting.
(p) "Redevelopment project area" means an area designated by the
municipality, which is not less in the aggregate than 1 1/2 acres and
in respect to which the municipality has made a finding that there
exist conditions which cause the area to be classified as an
industrial park conservation area or a blighted area or a
conservation area, or a combination of both blighted areas and
conservation areas.
(q) "Redevelopment project costs" mean and include the sum total
of all reasonable or necessary costs incurred or estimated to be
incurred, and any such costs incidental to a redevelopment plan and a
redevelopment project. Such costs include, without limitation, the
following:
(1) Costs of studies, surveys, development of plans, and
specifications, implementation and administration of the
redevelopment plan including but not limited to staff and
professional service costs for architectural, engineering, legal,
marketing, financial, planning or other services, provided
however that no charges for professional services may be based on
a percentage of the tax increment collected; except that on and
after the effective date of this amendatory Act of the 91st
General Assembly, no contracts for professional services,
excluding architectural and engineering services, may be entered
into if the terms of the contract extend beyond a period of 3
years. In addition, "redevelopment project costs" shall not
include lobbying expenses. After consultation with the
municipality, each tax increment consultant or advisor to a
municipality that plans to designate or has designated a
redevelopment project area shall inform the municipality in
writing of any contracts that the consultant or advisor has
entered into with entities or individuals that have received, or
3872 JOURNAL OF THE [May 11, 1999]
are receiving, payments financed by tax increment revenues
produced by the redevelopment project area with respect to which
the consultant or advisor has performed, or will be performing,
service for the municipality. This requirement shall be
satisfied by the consultant or advisor before the commencement of
services for the municipality and thereafter whenever any other
contracts with those individuals or entities are executed by the
consultant or advisor;
(1.5) After July 1, 1999, annual administrative costs shall
not include general overhead or administrative costs of the
municipality that would still have been incurred by the
municipality if the municipality had not designated a
redevelopment project area or approved a redevelopment plan;
(1.6) The cost of marketing sites within the redevelopment
project area to prospective businesses, developers, and
investors;
(2) Property assembly costs, including but not limited to
acquisition of land and other property, real or personal, or
rights or interests therein, demolition of buildings, site
preparation, site improvements that serve as an engineered
barrier addressing ground level or below ground environmental
contamination, including, but not limited to parking lots and
other concrete or asphalt barriers, and the clearing and grading
of land;
(3) Costs of rehabilitation, reconstruction or repair or
remodeling of existing public or private buildings, and fixtures,
and leasehold improvements; and the cost of replacing an existing
public building if pursuant to the implementation of a
redevelopment project the existing public building is to be
demolished to use the site for private investment or devoted to a
different use requiring private investment;
(4) Costs of the construction of public works or
improvements, except that on and after the effective date of this
amendatory Act of the 91st General Assembly, redevelopment
project costs shall not include the cost of constructing a new
municipal public building principally used to provide offices,
storage space, or conference facilities or vehicle storage,
maintenance, or repair for administrative, public safety, or
public works personnel and that is not intended to replace an
existing public building as provided under paragraph (3) of
subsection (q) of Section 11-74.4-3 unless either (i) the
construction of the new municipal building implements a
redevelopment project that was included in a redevelopment plan
that was adopted by the municipality prior to the effective date
of this amendatory Act of the 91st General Assembly or (ii) the
municipality makes a reasonable determination in the
redevelopment plan, supported by information that provides the
basis for that determination, that the new municipal building is
required to meet an increase in the need for public safety
purposes anticipated to result from the implementation of the
redevelopment plan;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs implemented by
businesses located within the redevelopment project area;
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance of
obligations and which may include payment of interest on any
obligations issued hereunder including interest accruing during
the estimated period of construction of any redevelopment project
for which such obligations are issued and for not exceeding 36
months thereafter and including reasonable reserves related
HOUSE OF REPRESENTATIVES 3873
thereto;
(7) To the extent the municipality by written agreement
accepts and approves the same, all or a portion of a taxing
district's capital costs resulting from the redevelopment project
necessarily incurred or to be incurred within a taxing district
in furtherance of the objectives of the redevelopment plan and
project.
(7.5) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the number
of tax-increment-financing assisted housing units) on or after
the effective date of this amendatory Act of the 91st General
Assembly, an elementary, secondary, or unit school district's
increased costs attributable to assisted housing units located
within the redevelopment project area for which the developer or
redeveloper receives financial assistance through an agreement
with the municipality or because the municipality incurs the cost
of necessary infrastructure improvements within the boundaries of
the assisted housing sites necessary for the completion of that
housing as authorized by this Act, and which costs shall be paid
by the municipality from the Special Tax Allocation Fund when the
tax increment revenue is received as a result of the assisted
housing units and shall be calculated annually as follows:
(A) for foundation districts, excluding any school
district in a municipality with a population in excess of
1,000,000, by multiplying the district's increase in
attendance resulting from the net increase in new students
enrolled in that school district who reside in housing units
within the redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the cost of
necessary infrastructure improvements within the boundaries
of the housing sites necessary for the completion of that
housing as authorized by this Act since the designation of
the redevelopment project area by the most recently
available per capita tuition cost as defined in Section
10-20.12a of the School Code less any increase in general
State aid as defined in Section 18-8.05 of the School Code
attributable to these added new students subject to the
following annual limitations:
(i) for unit school districts with a district
average 1995-96 Per Capita Tuition Charge of less than
$5,900, no more than 25% of the total amount of
property tax increment revenue produced by those
housing units that have received tax increment finance
assistance under this Act;
(ii) for elementary school districts with a
district average 1995-96 Per Capita Tuition Charge of
less than $5,900, no more than 17% of the total amount
of property tax increment revenue produced by those
housing units that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts with a
district average 1995-96 Per Capita Tuition Charge of
less than $5,900, no more than 8% of the total amount
of property tax increment revenue produced by those
housing units that have received tax increment finance
assistance under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district average
1995-96 Per Capita Tuition Charge equal to or more than
$5,900, excluding any school district with a population in
3874 JOURNAL OF THE [May 11, 1999]
excess of 1,000,000, by multiplying the district's increase
in attendance resulting from the net increase in new
students enrolled in that school district who reside in
housing units within the redevelopment project area that
have received financial assistance through an agreement with
the municipality or because the municipality incurs the
cost of necessary infrastructure improvements within the
boundaries of the housing sites necessary for the completion
of that housing as authorized by this Act since the
designation of the redevelopment project area by the most
recently available per capita tuition cost as defined in
Section 10-20.12a of the School Code less any increase in
general state aid as defined in Section 18-8.05 of the
School Code attributable to these added new students subject
to the following annual limitations:
(i) for unit school districts, no more than 40%
of the total amount of property tax increment revenue
produced by those housing units that have received tax
increment finance assistance under this Act;
(ii) for elementary school districts, no more
than 27% of the total amount of property tax increment
revenue produced by those housing units that have
received tax increment finance assistance under this
Act; and
(iii) for secondary school districts, no more
than 13% of the total amount of property tax increment
revenue produced by those housing units that have
received tax increment finance assistance under this
Act.
(C) For any school district in a municipality with a
population in excess of 1,000,000, the following
restrictions shall apply to the reimbursement of increased
costs under this paragraph (7.5):
(i) no increased costs shall be reimbursed unless
the school district certifies that each of the schools
affected by the assisted housing project is at or over
its student capacity;
(ii) the amount reimburseable shall be reduced by
the value of any land donated to the school district by
the municipality or developer, and by the value of any
physical improvements made to the schools by the
municipality or developer; and
(iii) the amount reimbursed may not affect
amounts otherwise obligated by the terms of any bonds,
notes, or other funding instruments, or the terms of
any redevelopment agreement.
Any school district seeking payment under this paragraph
(7.5) shall, after July 1 and before September 30 of each
year, provide the municipality with reasonable evidence to
support its claim for reimbursement before the municipality
shall be required to approve or make the payment to the
school district. If the school district fails to provide
the information during this period in any year, it shall
forfeit any claim to reimbursement for that year. School
districts may adopt a resolution waiving the right to all or
a portion of the reimbursement otherwise required by this
paragraph (7.5). By acceptance of this reimbursement the
school district waives the right to directly or indirectly
set aside, modify, or contest in any manner the
establishment of the redevelopment project area or projects
All or a portion of a taxing district's capital costs
HOUSE OF REPRESENTATIVES 3875
resulting from the redevelopment project necessarily
incurred or to be incurred in furtherance of the objectives
of the redevelopment plan and project, to the extent the
municipality by written agreement accepts and approves such
costs;
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is required to
make payment of relocation costs by federal or State law or in
order to satisfy subparagraph (7) of subsection (n);
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced vocational
education or career education, including but not limited to
courses in occupational, semi-technical or technical fields
leading directly to employment, incurred by one or more taxing
districts, provided that such costs (i) are related to the
establishment and maintenance of additional job training,
advanced vocational education or career education programs for
persons employed or to be employed by employers located in a
redevelopment project area; and (ii) when incurred by a taxing
district or taxing districts other than the municipality, are set
forth in a written agreement by or among the municipality and the
taxing district or taxing districts, which agreement describes
the program to be undertaken, including but not limited to the
number of employees to be trained, a description of the training
and services to be provided, the number and type of positions
available or to be available, itemized costs of the program and
sources of funds to pay for the same, and the term of the
agreement. Such costs include, specifically, the payment by
community college districts of costs pursuant to Sections 3-37,
3-38, 3-40 and 3-40.1 of the Public Community College Act and by
school districts of costs pursuant to Sections 10-22.20a and
10-23.3a of The School Code;
(11) Interest cost incurred by a redeveloper related to the
construction, renovation or rehabilitation of a redevelopment
project provided that:
(A) such costs are to be paid directly from the
special tax allocation fund established pursuant to this
Act; and
(B) such payments in any one year may not exceed 30%
of the annual interest costs incurred by the redeveloper
with regard to the redevelopment project during that year;
(C) if there are not sufficient funds available in the
special tax allocation fund to make the payment pursuant to
this paragraph (11) then the amounts so due shall accrue and
be payable when sufficient funds are available in the
special tax allocation fund; and
(D) the total of such interest payments paid pursuant
to this Act may not exceed 30% of the total (i) cost paid or
incurred by the redeveloper for the redevelopment project
plus (ii) redevelopment project costs excluding any property
assembly costs and any relocation costs incurred by a
municipality pursuant to this Act; and.
(E) the cost limits set forth in subparagraphs (B) and
(D) of paragraph (11) shall be modified for the financing of
rehabilitated or new housing units for low-income households
and very low-income households, as defined in Section 3 of
the Illinois Affordable Housing Act. The percentage of 75%
shall be substituted for 30% in subparagraphs (B) and (D) of
paragraph (11).
(F) Instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as modified by
3876 JOURNAL OF THE [May 11, 1999]
this subparagraph, and notwithstanding any other provisions
of this Act to the contrary, the municipality may pay from
tax increment revenues up to 50% of the cost of construction
of new housing units to be occupied by low-income households
and very low-income households as defined in Section 3 of
the Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the proceeds
of bonds issued by the municipality under this Act or other
constitutional or statutory authority or from other sources
of municipal revenue that may be reimbursed from tax
increment revenues or the proceeds of bonds issued to
finance the construction of that housing.
The eligible costs provided under this subparagraph (F)
of paragraph (11) shall be an eligible cost for the
construction, renovation, and rehabilitation of all low and
very low-income housing units, as defined in Section 3 of
the Illinois Affordable Housing Act, within the
redevelopment project area. If the low and very low-income
units are part of a residential redevelopment project that
includes units not affordable to low and very low-income
households, only the low and very low-income units shall be
eligible for benefits under subparagraph (F) of paragraph
(11). The standards for maintaining the occupancy by
low-income households and very low-income households, as
defined in Section 3 of the Illinois Affordable Housing Act,
of those units constructed with eligible costs made
available under the provisions of this subparagraph (F) of
paragraph (11) shall be established by guidelines adopted by
the municipality. The responsibility for annually
documenting the initial occupancy of the units by low-income
households and very low-income households, as defined in
Section 3 of the Illinois Affordable Housing Act, shall be
that of the then current owner of the property. For
ownership units, the guidelines will provide, at a minimum,
for a reasonable recapture of funds, or other appropriate
methods designed to preserve the original affordability of
the ownership units. For rental units, the guidelines will
provide, at a minimum, for the affordability of rent to low
and very low-income households. As units become available,
they shall be rented to income-eligible tenants. The
municipality may modify these guidelines from time to time;
the guidelines, however, shall be in effect for as long as
tax increment revenue is being used to pay for costs
associated with the units or for the retirement of bonds
issued to finance the units or for the life of the
redevelopment project area, whichever is later.
(11.5) If the redevelopment project area is located within a
municipality with a population of more than 100,000, the cost of
day care services for children of employees from low-income
families working for businesses located within the redevelopment
project area and all or a portion of the cost of operation of day
care centers established by redevelopment project area businesses
to serve employees from low-income families working in businesses
located in the redevelopment project area. For the purposes of
this paragraph, "low-income families" means families whose annual
income does not exceed 80% of the municipal, county, or regional
median income, adjusted for family size, as the annual income and
municipal, county, or regional median income are determined from
time to time by the United States Department of Housing and Urban
Development.
(12) Unless explicitly stated herein the cost of
HOUSE OF REPRESENTATIVES 3877
construction of new privately-owned buildings shall not be an
eligible redevelopment project cost.
(13) After the effective date of this amendatory Act of the
91st General Assembly, none of the redevelopment project costs
enumerated in this subsection shall be eligible redevelopment
project costs if those costs would provide direct financial
support to a retail entity initiating operations in the
redevelopment project area while terminating operations at
another Illinois location within 10 miles of the redevelopment
project area but outside the boundaries of the redevelopment
project area municipality. For purposes of this paragraph,
termination means a closing of a retail operation that is
directly related to the opening of the same operation or like
retail entity owned or operated by more than 50% of the original
ownership in a redevelopment project area, but it does not mean
closing an operation for reasons beyond the control of the retail
entity, as documented by the retail entity, subject to a
reasonable finding by the municipality that the current location
contained inadequate space, had become economically obsolete, or
was no longer a viable location for the retailer or serviceman.
If a special service area has been established pursuant to the
Special Service Area Tax Act or Special Service Area Tax Law, then
any tax increment revenues derived from the tax imposed pursuant to
the Special Service Area Tax Act or Special Service Area Tax Law may
be used within the redevelopment project area for the purposes
permitted by that Act or Law as well as the purposes permitted by
this Act.
(r) "State Sales Tax Boundary" means the redevelopment project
area or the amended redevelopment project area boundaries which are
determined pursuant to subsection (9) of Section 11-74.4-8a of this
Act. The Department of Revenue shall certify pursuant to subsection
(9) of Section 11-74.4-8a the appropriate boundaries eligible for the
determination of State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to the
increase in the aggregate amount of taxes paid by retailers and
servicemen, other than retailers and servicemen subject to the Public
Utilities Act, on transactions at places of business located within a
State Sales Tax Boundary pursuant to the Retailers' Occupation Tax
Act, the Use Tax Act, the Service Use Tax Act, and the Service
Occupation Tax Act, except such portion of such increase that is paid
into the State and Local Sales Tax Reform Fund, the Local Government
Distributive Fund, the Local Government Tax Fund and the County and
Mass Transit District Fund, for as long as State participation
exists, over and above the Initial Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts
for such taxes as certified by the Department of Revenue and paid
under those Acts by retailers and servicemen on transactions at
places of business located within the State Sales Tax Boundary during
the base year which shall be the calendar year immediately prior to
the year in which the municipality adopted tax increment allocation
financing, less 3.0% of such amounts generated under the Retailers'
Occupation Tax Act, Use Tax Act and Service Use Tax Act and the
Service Occupation Tax Act, which sum shall be appropriated to the
Department of Revenue to cover its costs of administering and
enforcing this Section. For purposes of computing the aggregate
amount of such taxes for base years occurring prior to 1985, the
Department of Revenue shall compute the Initial Sales Tax Amount for
such taxes and deduct therefrom an amount equal to 4% of the
aggregate amount of taxes per year for each year the base year is
prior to 1985, but not to exceed a total deduction of 12%. The
amount so determined shall be known as the "Adjusted Initial Sales
3878 JOURNAL OF THE [May 11, 1999]
Tax Amount". For purposes of determining the State Sales Tax
Increment the Department of Revenue shall for each period subtract
from the tax amounts received from retailers and servicemen on
transactions located in the State Sales Tax Boundary, the certified
Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or
Revised Initial Sales Tax Amounts for the Retailers' Occupation Tax
Act, the Use Tax Act, the Service Use Tax Act and the Service
Occupation Tax Act. For the State Fiscal Year 1989 this calculation
shall be made by utilizing the calendar year 1987 to determine the
tax amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January 1,
1988, until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For the State Fiscal Year 1991, this calculation shall
be made by utilizing the period from October 1, 1988, until June 30,
1989, to determine the tax amounts received from retailers and
servicemen, which shall have deducted therefrom nine-twelfths of the
certified Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as appropriate. For
every State Fiscal Year thereafter, the applicable period shall be
the 12 months beginning July 1 and ending on June 30, to determine
the tax amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts. Municipalities
intending to receive a distribution of State Sales Tax Increment must
report a list of retailers to the Department of Revenue by October
31, 1988 and by July 31, of each year thereafter.
(t) "Taxing districts" means counties, townships, cities and
incorporated towns and villages, school, road, park, sanitary,
mosquito abatement, forest preserve, public health, fire protection,
river conservancy, tuberculosis sanitarium and any other municipal
corporations or districts with the power to levy taxes.
(u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and directly result
from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this Act,
"vacant land" means any parcel or combination of parcels of real
property without industrial, commercial, and residential buildings
which has not been used for commercial agricultural purposes within 5
years prior to the designation of the redevelopment project area,
unless the parcel is included in an industrial park conservation area
or the parcel has been subdivided; provided that if the parcel was
part of a larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from 1950
to 1990, then the parcel shall be deemed to have been subdivided, and
all proceedings and actions of the municipality taken in that
connection with respect to any previously approved or designated
redevelopment project area or amended redevelopment project area are
hereby validated and hereby declared to be legally sufficient for all
purposes of this Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land is
subdivided when the original plat of the proposed Redevelopment
Project Area or relevant portion thereof has been properly certified,
acknowledged, approved, and recorded or filed in accordance with the
Plat Act and a preliminary plat, if any, for any subsequent phases of
the proposed Redevelopment Project Area or relevant portion thereof
has been properly approved and filed in accordance with the
applicable ordinance of the municipality.
HOUSE OF REPRESENTATIVES 3879
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each municipality's
annual Net Utility Tax Increment. The ratio of the Annual Total
Increment of each municipality to the Annual Total Increment for all
municipalities, as most recently calculated by the Department, shall
determine the proportional shares of the Illinois Tax Increment Fund
to be distributed to each municipality.
(Source: P.A. 89-235, eff. 8-4-95; 89-705, eff. 1-31-97; 90-379, eff.
8-14-97.)
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. A municipality may:
(a) The changes made by this amendatory Act of the 91st General
Assembly do not apply to a municipality that, (i) before the
effective date of this amendatory Act of the 91st General Assembly,
has adopted an ordinance or resolution fixing a time and place for a
public hearing under Section 11-74.4-5 or (ii) before July 1, 1999,
has adopted an ordinance or resolution providing for a feasibility
study under Section 11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or
designating redevelopment project areas under this Section, until
after that municipality adopts an ordinance approving redevelopment
plans and redevelopment projects or designating redevelopment project
areas under this Section; thereafter the changes made by this
amendatory Act of the 91st General Assembly apply to the same extent
that they apply to redevelopment plans and redevelopment projects
that were approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st General
Assembly.
By ordinance introduced in the governing body of the municipality
within 14 to 90 days from the completion of the hearing specified in
Section 11-74.4-5 approve redevelopment plans and redevelopment
projects, and designate redevelopment project areas pursuant to
notice and hearing required by this Act. No redevelopment project
area shall be designated unless a plan and project are approved prior
to the designation of such area and such area shall include only
those contiguous parcels of real property and improvements thereon
substantially benefited by the proposed redevelopment project
improvements. Upon adoption of the ordinances, the municipality
shall forthwith transmit to the county clerk of the county or
counties within which the redevelopment project area is located a
certified copy of the ordinances, a legal description of the
redevelopment project area, a map of the redevelopment project area,
identification of the year that the county clerk shall use for
determining the total initial equalized assessed value of the
redevelopment project area consistent with subsection (a) of Section
11-74.4-9, and a list of the parcel or tax identification number of
each parcel of property included in the redevelopment project area.
(b) Make and enter into all contracts with property owners,
developers, tenants, overlapping taxing bodies, and others necessary
or incidental to the implementation and furtherance of its
redevelopment plan and project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and
options with respect thereto, all in the manner and at such price the
municipality determines is reasonably necessary to achieve the
objectives of the redevelopment plan and project. No conveyance,
lease, mortgage, disposition of land or other property owned by a
municipality, or agreement relating to the development of such
3880 JOURNAL OF THE [May 11, 1999]
municipal the property shall be made except upon the adoption of an
ordinance by the corporate authorities of the municipality.
Furthermore, no conveyance, lease, mortgage, or other disposition of
land owned by a municipality or agreement relating to the development
of such municipal property shall be made without making public
disclosure of the terms of the disposition and all bids and proposals
made in response to the municipality's request. The procedures for
obtaining such bids and proposals shall provide reasonable
opportunity for any person to submit alternative proposals or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings and structures.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as permitted
under this Act.
(f) Install, repair, construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect
fees, rents and charges for the use of any building or property owned
or leased by it or any part thereof, or facility therein.
(h) Accept grants, guarantees and donations of property, labor,
or other things of value from a public or private source for use
within a project redevelopment area.
(i) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Act.
(j) Incur project redevelopment costs and reimburse developers
who incur redevelopment project costs authorized by a redevelopment
agreement; provided, however, that on and after the effective date of
this amendatory Act of the 91st General Assembly, no municipality
shall incur redevelopment project costs (except for planning costs
and any other eligible costs authorized by municipal ordinance or
resolution that are subsequently included in the redevelopment plan
for the area and are incurred by the municipality after the ordinance
or resolution is adopted) that are not consistent with the program
for accomplishing the objectives of the redevelopment plan as
included in that plan and approved by the municipality until the
municipality has amended the redevelopment plan as provided elsewhere
in this Act.
(k) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the municipality
with the consent of the majority of the governing board of the
municipality. Members of a commission appointed after the effective
date of this amendatory Act of 1987 shall be appointed for initial
terms of 1, 2, 3, 4 and 5 years, respectively, in such numbers as to
provide that the terms of not more than 1/3 of all such members shall
expire in any one year. Their successors shall be appointed for a
term of 5 years. The commission, subject to approval of the
corporate authorities may exercise the powers enumerated in this
Section. The commission shall also have the power to hold the public
hearings required by this division and make recommendations to the
corporate authorities concerning the adoption of redevelopment plans,
redevelopment projects and designation of redevelopment project
areas.
(l) Make payment in lieu of taxes or a portion thereof to taxing
districts. If payments in lieu of taxes or a portion thereof are
made to taxing districts, those payments shall be made to all
districts within a project redevelopment area on a basis which is
proportional to the current collections of revenue which each taxing
district receives from real property in the redevelopment project
area.
(m) Exercise any and all other powers necessary to effectuate
HOUSE OF REPRESENTATIVES 3881
the purposes of this Act.
(n) If any member of the corporate authority, a member of a
commission established pursuant to Section 11-74.4-4(k) of this Act,
or an employee or consultant of the municipality involved in the
planning and preparation of a redevelopment plan, or project for a
redevelopment project area or proposed redevelopment project area, as
defined in Sections 11-74.4-3(i) through (k) of this Act, owns or
controls an interest, direct or indirect, in any property included in
any redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the municipality,
and shall also so disclose the dates and terms and conditions of any
disposition of any such interest, which disclosures shall be
acknowledged by the corporate authorities and entered upon the minute
books of the corporate authorities. If an individual holds such an
interest then that individual shall refrain from any further official
involvement in regard to such redevelopment plan, project or area,
from voting on any matter pertaining to such redevelopment plan,
project or area, or communicating with other members concerning
corporate authorities, commission or employees concerning any matter
pertaining to said redevelopment plan, project or area. Furthermore,
no such member or employee shall acquire of any interest direct, or
indirect, in any property in a redevelopment area or proposed
redevelopment area after either (a) such individual obtains knowledge
of such plan, project or area or (b) first public notice of such
plan, project or area pursuant to Section 11-74.4-6 of this Division,
whichever occurs first. For the purposes of this subsection, a
month-to-month leasehold interest shall not be deemed to constitute
an interest in any property included in any redevelopment area or
proposed redevelopment area.
(o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the governing board
of the municipality, the members of which Committee shall be
appointed for initial terms of 1, 2, 3, 4 and 5 years respectively,
in such numbers as to provide that the terms of not more than 1/3 of
all such members shall expire in any one year. Their successors
shall be appointed for a term of 5 years. The Committee shall have
none of the powers enumerated in this Section. The Committee shall
serve in an advisory capacity only. The Committee may advise the
governing Board of the municipality and other municipal officials
regarding development issues and opportunities within the
redevelopment project area or the area within the State Sales Tax
Boundary. The Committee may also promote and publicize development
opportunities in the redevelopment project area or the area within
the State Sales Tax Boundary.
(p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions of the
Act wherever they have contiguous redevelopment project areas or they
determine to adopt tax increment financing with respect to a
redevelopment project area which includes contiguous real property
within the boundaries of the municipalities, and in doing so, they
may, by agreement between municipalities, issue obligations,
separately or jointly, and expend revenues received under the Act for
eligible expenses anywhere within contiguous redevelopment project
areas or as otherwise permitted in the Act.
(q) Utilize revenues, other than State sales tax increment
revenues, received under this Act from one redevelopment project area
for eligible costs in another redevelopment project area that is
either contiguous to, or is separated only by a public right of way
from, the redevelopment project area from which the revenues are
received. Utilize tax increment revenues for eligible costs that are
3882 JOURNAL OF THE [May 11, 1999]
received from a redevelopment project area created under the
Industrial Jobs Recovery Law that is either contiguous to, or is
separated only by a public right of way from, the redevelopment
project area created under this Act which initially receives these
revenues. Utilize revenues, other than State sales tax increment
revenues, by transferring or loaning such revenues to a redevelopment
project area created under the Industrial Jobs Recovery Law that is
either contiguous to, or separated only by a public right of way from
the redevelopment project area that initially produced and received
those revenues; and, if the redevelopment project area (i) was
established before the effective date of this amendatory Act of the
91st General Assembly and (ii) is located within a municipality with
a population of more than 100,000, utilize revenues or proceeds of
obligations authorized by Section 11-74.4-7 of this Act, other than
use or occupation tax revenues, to pay for any redevelopment project
costs as defined by subsection (q) of Section 11-74.4-3 to the extent
that the redevelopment project costs involve public property that is
either contiguous to, or separated only by a public right of way
from, a redevelopment project area whether or not redevelopment
project costs or the source of payment for the costs are specifically
set forth in the redevelopment plan for the redevelopment project
area.
(r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the municipality shall
adopt an ordinance repealing the area's designation as a
redevelopment project area; provided, however, that if an area
received its designation more than 3 years before the effective date
of this amendatory Act of 1994 and no redevelopment project has been
initiated within 4 years after the effective date of this amendatory
Act of 1994, the municipality shall adopt an ordinance repealing its
designation as a redevelopment project area. Initiation of a
redevelopment project shall be evidenced by either a signed
redevelopment agreement or expenditures on eligible redevelopment
project costs associated with a redevelopment project.
(Source: P.A. 90-258, eff. 7-30-97.)
(65 ILCS 5/11-74.4-4.1)
Sec. 11-74.4-4.1. Feasibility study.
(a) If a municipality by its corporate authorities, or as it may
determine by any commission designated under subsection (k) of
Section 11-74.4-4, adopts an ordinance or resolution providing for a
feasibility study on the designation of an area as a redevelopment
project area, a copy of the ordinance or resolution shall immediately
be sent to all taxing districts that would be affected by the
designation.
On and after the effective date of this amendatory Act of the
91st General Assembly, the ordinance or resolution shall include:
(1) The boundaries of the area to be studied for possible
designation as a redevelopment project area.
(2) The purpose or purposes of the proposed redevelopment
plan and project.
(3) A general description of tax increment allocation
financing under this Act.
(4) The name, phone number, and address of the municipal
officer who can be contacted for additional information about the
proposed redevelopment project area and who should receive all
comments and suggestions regarding the redevelopment of the area
to be studied.
(b) If one of the purposes of the planned redevelopment project
area should reasonably be expected to result in the displacement of
residents from 10 or more inhabited residential units, the
HOUSE OF REPRESENTATIVES 3883
municipality shall adopt a resolution or ordinance providing for the
feasibility study described in subsection (a). The ordinance or
resolution shall also require that the feasibility study include the
preparation of the housing impact study set forth in paragraph (5) of
subsection (n) of Section 11-74.4-3. If the redevelopment plan will
not result in displacement of residents from inhabited units, and the
municipality certifies in the plan that displacement will not result
from the plan, then a resolution or ordinance need not be adopted.
(Source: P.A. 88-537.)
(65 ILCS 5/11-74.4-4.2 new)
Sec. 11-74.4-4.2. Interested parties registry. On and after the
effective date of this amendatory Act of the 91st General Assembly,
the municipality shall by its corporate authority create an
"interested parties" registry for activities related to the
redevelopment project area. The municipality shall adopt reasonable
registration rules and shall prescribe the necessary registration
forms for residents and organizations active within the municipality
that seek to be placed on the "interested parties" registry. At a
minimum, the rules for registration shall provide for a renewable
period of registration of not less than 3 years and notification to
registered organizations and individuals by mail at the address
provided upon registration prior to termination of their
registration, unless the municipality decides that it will establish
a policy of not terminating interested parties from the registry, in
which case no notice will be required. Such rules shall not be used
to prohibit or otherwise interfere with the ability of eligible
organizations and individuals to register for receipt of information
to which they are entitled under this statute, including the
information required by:
(1) subsection (a) of Section 11-74.4-5;
(2) paragraph (9) of subsection (d) of Section 11-74.4-5; and
(3) subsection (e) of Section 11-74.4-6.
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. (a) The changes made by this amendatory Act of
the 91st General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st General
Assembly, has adopted an ordinance or resolution fixing a time and
place for a public hearing under this Section or (ii) before July 1,
1999, has adopted an ordinance or resolution providing for a
feasibility study under Section 11-74.4-4.1, but has not yet adopted
an ordinance approving redevelopment plans and redevelopment projects
or designating redevelopment project areas under Section 11-74.4-4,
until after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4; thereafter the
changes made by this amendatory Act of the 91st General Assembly
apply to the same extent that they apply to redevelopment plans and
redevelopment projects that were approved and redevelopment projects
that were designated before the effective date of this amendatory Act
of the 91st General Assembly.
Prior to the adoption of an ordinance proposing the designation
of a redevelopment project area, or approving a redevelopment plan or
redevelopment project, the municipality by its corporate authorities,
or as it may determine by any commission designated under subsection
(k) of Section 11-74.4-4 shall adopt an ordinance or resolution
fixing a time and place for public hearing. Prior to the adoption of
the ordinance or resolution establishing the time and place for the
public hearing, the municipality shall make available for public
inspection a redevelopment plan or a separate report that provides in
reasonable detail the basis for the eligibility of the redevelopment
project area qualifying as a blighted area, conservation area, or an
3884 JOURNAL OF THE [May 11, 1999]
industrial park conservation area. The report along with the name of
a person to contact for further information shall be sent within a
reasonable time after the adoption of such ordinance or resolution to
the affected taxing districts by certified mail. On and after the
effective date of this amendatory Act of the 91st General Assembly,
the municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may register
with the municipality in order to receive information on the proposed
designation of a redevelopment project area or the approval of a
redevelopment plan. The notice shall state the place of registration
and the operating hours of that place. The municipality shall have
adopted reasonable rules to implement this registration process under
Section 11-74.4-4.2. Notice of the availability of the redevelopment
plan and eligibility report, including how to obtain this
information, shall also be sent by mail within a reasonable time
after the adoption of the ordinance or resolution to all residents
within the postal zip code area or areas contained in whole or in
part within the proposed redevelopment project area or organizations
that operate in the municipality that have registered with the
municipality for that information in accordance with the registration
guidelines established by the municipality under Section 11-74.4-4.2.
At the public hearing any interested person or affected taxing
district may file with the municipal clerk written objections to and
may be heard orally in respect to any issues embodied in the notice.
The municipality shall hear and determine all protests and objections
at the hearing and the hearing may be adjourned to another date
without further notice other than a motion to be entered upon the
minutes fixing the time and place of the subsequent hearing. At the
public hearing or at any time prior to the adoption by the
municipality of an ordinance approving a redevelopment plan, the
municipality may make changes in the redevelopment plan. Changes
which (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land
uses proposed in the redevelopment plan, (3) substantially change the
nature of or extend the life of the redevelopment project, or (4)
increase the number of low or very low income households to be
displaced from the redevelopment project area, provided that measured
from the time of creation of the redevelopment project area the total
displacement of the households will exceed 10, shall be made only
after the municipality gives notice, convenes a joint review board,
and conducts a public hearing pursuant to the procedures set forth in
this Section and in Section 11-74.4-6 of this Act. Changes which do
not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land
uses proposed in the redevelopment plan, (3) substantially change the
nature of or extend the life of the redevelopment project, or (4)
increase the number of low or very low income households to be
displaced from the redevelopment project area, provided that measured
from the time of creation of the redevelopment project area the total
displacement of the households will exceed 10, may be made without
further hearing, provided that the municipality shall give notice of
any such changes by mail to each affected taxing district and
registrant on the interested parties registry, provided for under
Section 11-74.4-4.2, and by publication in a newspaper of general
circulation within the affected taxing district. Such notice by mail
and by publication shall each occur not later than 10 days following
the adoption by ordinance of such changes. Prior to the adoption of
an ordinance approving a redevelopment plan or redevelopment project,
or designating a redevelopment project area, changes may be made in
the redevelopment plan or project or area which changes do not alter
the exterior boundaries, or do not substantially affect the general
HOUSE OF REPRESENTATIVES 3885
land uses established in the plan or substantially change the nature
of the redevelopment project, without further hearing or notice,
provided that notice of such changes is given by mail to each
affected taxing district and by publication in a newspaper or
newspapers of general circulation within the taxing districts not
less than 10 days prior to the adoption of the changes by ordinance.
After the adoption of an ordinance approving a redevelopment plan or
project or designating a redevelopment project area, no ordinance
shall be adopted altering the exterior boundaries, affecting the
general land uses established pursuant to the plan or changing the
nature of the redevelopment project without complying with the
procedures provided in this division pertaining to the initial
approval of a redevelopment plan project and designation of
redevelopment project area. Hearings with regard to a redevelopment
project area, project or plan may be held simultaneously.
(b) Prior to holding a public hearing to approve or amend a
redevelopment plan or to designate or add additional parcels of
property to a After the effective date of this amendatory Act of
1989, prior to the adoption of an ordinance proposing the designation
of a redevelopment project area or amending the boundaries of an
existing redevelopment project area, the municipality shall convene a
joint review board to consider the proposal. The board shall consist
of a representative selected by each community college district,
local elementary school district and high school district or each
local community unit school district, park district, library
district, township, fire protection district, and county that will
have the has authority to directly levy taxes on the property within
the proposed redevelopment project area at the time that the proposed
redevelopment project area is approved, a representative selected by
the municipality and a public member. The public member shall first
be selected and then the board's chairperson shall be selected by a
majority of the other board members present and voting.
For redevelopment project areas with redevelopment plans or
proposed redevelopment plans that would result in the displacement of
residents from 10 or more inhabited residential units or that include
75 or more inhabited residential units, the public member shall be a
person who resides in the redevelopment project area. If, as
determined by the housing impact study provided for in paragraph (5)
of subsection (n) of Section 11-74.4-3, or if no housing impact study
is required then based on other reasonable data, the majority of
residential units are occupied by very low, low, or moderate income
households, as defined in Section 3 of the Illinois Affordable
Housing Act, the public member shall be a person who resides in very
low, low, or moderate income housing within the redevelopment project
area. Municipalities with fewer than 15,000 residents shall not be
required to select a person who lives in very low, low, or moderate
income housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in displacement of
residents from 10 or more inhabited units, and the municipality so
certifies in the plan. If no person satisfying these requirements is
available or if no qualified person will serve as the public member,
then the joint review board is relieved of this paragraph's selection
requirements for the public member.
Within 90 days of the effective date of this amendatory Act of
the 91st General Assembly, each municipality that designated a
redevelopment project area for which it was not required to convene a
joint review board under this Section shall Municipalities that have
designated redevelopment project areas prior to the effective date of
this amendatory Act of 1989 may convene a joint review board to
perform the duties specified under paragraph (e) of this Section.
All board members shall be appointed and the first board meeting
3886 JOURNAL OF THE [May 11, 1999]
held within 14 days following at least 14 days after the notice by
the municipality to all the taxing districts as required by Section
11-74.4-6(c) 11-74.4-6c. Such notice shall also advise the taxing
bodies represented on the joint review board of the time and place of
the first meeting of the board. Additional meetings of the board
shall be held upon the call of any member. The municipality seeking
designation of the redevelopment project area shall may provide
administrative support to the board.
The board shall review (i) the public record, planning documents
and proposed ordinances approving the redevelopment plan and project
and (ii) proposed amendments to the redevelopment plan or additions
of parcels of property to the redevelopment project area to be
adopted by the municipality. As part of its deliberations, the board
may hold additional hearings on the proposal. A board's
recommendation shall be an advisory, non-binding recommendation. The
recommendation shall be adopted by a majority of those members
present and voting. The recommendations shall be which
recommendation shall be adopted by a majority vote of the board and
submitted to the municipality within 30 days after convening of the
board. Failure of the board to submit its report on a timely basis
shall not be cause to delay the public hearing or any other step in
the process of designating establishing or amending the redevelopment
project area but shall be deemed to constitute approval by the joint
review board of the matters before it.
The board shall base its recommendation to approve or disapprove
the redevelopment plan and the designation of the redevelopment
project area or the amendment of the redevelopment plan or addition
of parcels of property to the redevelopment project area decision to
approve or deny the proposal on the basis of the redevelopment
project area and redevelopment plan satisfying the plan requirements,
the eligibility criteria defined in Section 11-74.4-3, and the
objectives of this Act eligibility criteria defined in Section
11-74.4-3.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof meets or
fails to meet one or more of the objectives of this Act and both the
plan requirements and the eligibility criteria defined in Section
11-74.4-3. In the event the Board does not file a report it shall be
presumed that these taxing bodies find the redevelopment project area
and redevelopment plan to satisfy the objectives of this Act and the
plan requirements and eligibility criteria.
If the board recommends rejection of the matters before it, the
municipality will have 30 days within which to resubmit the plan or
amendment. During this period, the municipality will meet and confer
with the board and attempt to resolve those issues set forth in the
board's written report that lead to the rejection of the plan or
amendment. In the event that the municipality and the board are
unable to resolve these differences, or in the event that the
resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only upon a
three-fifths vote of the corporate authority responsible for approval
of the plan or amendment, excluding positions of members that are
vacant and those members that are ineligible to vote because of
conflicts of interest.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment project area, the
plan may be amended and additional properties may be added to the
redevelopment project area only as herein provided. Amendments which
(1) add additional parcels of property to the proposed redevelopment
project area, (2) substantially affect the general land uses proposed
in the redevelopment plan, (3) substantially change the nature of the
HOUSE OF REPRESENTATIVES 3887
redevelopment project, (4) increase the total estimated redevelopment
project costs set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted, (5) add
additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan, or (6)
increase the number of low or very low income households to be
displaced from the redevelopment project area, provided that measured
from the time of creation of the redevelopment project area the total
displacement of the households will exceed 10, shall be made only
after the municipality gives notice, convenes a joint review board,
and conducts a public hearing pursuant to the procedures set forth in
this Section and in Section 11-74.4-6 of this Act. Changes which do
not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land
uses proposed in the redevelopment plan, (3) substantially change the
nature of the redevelopment project, (4) increase the total estimated
redevelopment project cost set out in the redevelopment plan by more
than 5% after adjustment for inflation from the date the plan was
adopted, (5) add additional redevelopment project costs to the
itemized list of redevelopment project costs set out in the
redevelopment plan, or (6) increase the number of low or very low
income households to be displaced from the redevelopment project
area, provided that measured from the time of creation of the
redevelopment project area the total displacement of the households
will exceed 10, may be made without further hearing, provided that
the municipality shall give notice of any such changes by mail to
each affected taxing district and registrant on the interested
parties registry, provided for under Section 11-74.4-4.2, and by
publication in a newspaper of general circulation within the affected
taxing district. Such notice by mail and by publication shall each
occur not later than 10 days following the adoption by ordinance of
such changes. After the adoption of an ordinance approving a
redevelopment plan or project or designating a redevelopment project
area, no ordinance shall be adopted altering the exterior boundaries,
affecting the general land uses established pursuant to the plan or
changing the nature of the redevelopment project without complying
with the procedures provided in this division pertaining to the
initial approval of a redevelopment plan project and designation of a
redevelopment project area.
(d) After the effective date of this amendatory Act of the 91st
General Assembly 1994 and adoption of an ordinance approving a
redevelopment plan or project, a municipality with a population of
less than 1,000,000 shall submit the following information for each
redevelopment project area (i) to the State Comptroller and (ii) to
all taxing districts overlapping the redevelopment project area
within 90 days after the close of each municipal fiscal year notify
all taxing districts represented on the joint review board in which
the redevelopment project area is located that any or all of the
following information will be made available no later than 180 days
after the close of each municipal fiscal year or as soon thereafter
as the audited financial statements become available and, in any
case, shall be submitted before the annual meeting of the Joint
Review Board to each of the taxing districts that overlap the
redevelopment project area upon receipt of a written request of a
majority of such taxing districts for such information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax Boundary.
(1.5) A list of the redevelopment project areas administered
by the municipality and, if applicable, the date each
redevelopment project area was designated or terminated by the
municipality.
3888 JOURNAL OF THE [May 11, 1999]
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 has been
deposited in the fund.
(3) Certification of the Chief Executive Officer of the
municipality that the municipality has complied with all of the
requirements of this Act during the preceding fiscal year.
(4) An opinion of legal counsel that the municipality is in
compliance with this Act.
(5) An analysis of the special tax allocation fund which
sets forth:
(A) the balance in the special tax allocation fund at
the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund at
the end of the fiscal year including a breakdown of that
balance by source and a breakdown of that balance
identifying any portion of the balance that is required,
pledged, earmarked, or otherwise designated for payment of
or securing of obligations and anticipated redevelopment
project costs. Any portion of such ending balance that has
not been identified or is not identified as being required,
pledged, earmarked, or otherwise designated for payment of
or securing of obligations or anticipated redevelopment
projects costs shall be designated as surplus if it is not
required for anticipated redevelopment project costs or to
pay debt service on bonds issued to finance redevelopment
project costs, as set forth in Section 11-74.4-7 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities undertaken in
furtherance of the objectives of the redevelopment plan,
including:
(A) Any project implemented in the preceding fiscal
year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area or the area within the State Sales Tax
Boundary.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the redevelopment
plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants have
entered into with entities or persons that have received, or
are receiving, payments financed by tax increment revenues
produced by the same redevelopment project area.
(F) Any reports submitted to the municipality by the
joint review board.
(G) A review of public and, to the extent possible,
HOUSE OF REPRESENTATIVES 3889
private investment actually undertaken to date after the
effective date of this amendatory Act of the 91st General
Assembly and estimated to be undertaken during the following
year. This review shall, on a project-by-project basis, set
forth the estimated amounts of public and private investment
incurred after the effective date of this amendatory Act of
the 91st General Assembly and provide the ratio of private
investment to public investment to the date of the report
and as estimated to the completion of the redevelopment
project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(9) For special tax allocation funds that have experienced
cumulative deposits of incremental tax revenues of $100,000 or
more, a certified audit report reviewing compliance with this Act
performed by an independent public accountant certified and
licensed by the authority of the State of Illinois. The
financial portion of the audit must be conducted in accordance
with Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the Comptroller
General of the United States (1981), as amended. The audit
report shall contain a letter from the independent certified
public accountant indicating compliance or noncompliance with the
requirements of subsection (q) of Section 11-74.4-3. For
redevelopment plans or projects that would result in the
displacement of residents from 10 or more inhabited residential
units or that contain 75 or more inhabited residential units,
notice of the availability of the information, including how to
obtain the report, required in this subsection shall also be sent
by mail to all residents or organizations that operate in the
municipality that register with the municipality for that
information according to registration procedures adopted under
Section 11-74.4-4.2. All municipalities are subject to this
provision.
(d-1) Prior to the effective date of this amendatory Act of the
91st General Assembly, municipalities with populations of over
1,000,000 shall, after adoption of a redevelopment plan or project,
make available upon request to any taxing district in which the
redevelopment project area is located the following information:
(1) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax Boundary; and
(2) In connection with any redevelopment project area for
which the municipality has outstanding obligations issued to
provide for redevelopment project costs pursuant to Section
11-74.4-7, audited financial statements of the special tax
allocation fund.
(e) One year, two years and at the end of every subsequent three
year period thereafter, The joint review board shall meet annually
180 days after the close of the municipal fiscal year or as soon as
the redevelopment project audit for that fiscal year becomes
available to review the effectiveness and status of the redevelopment
project area up to that date.
(f) (Blank). If the redevelopment project area has been in
existence for at least 5 years and the municipality proposes a
redevelopment project with a total redevelopment project cost
exceeding 35% of the total amount budgeted in the redevelopment plan
3890 JOURNAL OF THE [May 11, 1999]
for all redevelopment projects, the municipality, in addition to any
other requirements imposed by this Act, shall convene a meeting of
the joint review board as provided in this Act for the purpose of
reviewing the redevelopment project.
(g) In the event that a municipality has held a public hearing
under this Section prior to March 14, 1994 (the effective date of
Public Act 88-537), the requirements imposed by Public Act 88-537
relating to the method of fixing the time and place for public
hearing, the materials and information required to be made available
for public inspection, and the information required to be sent after
adoption of an ordinance or resolution fixing a time and place for
public hearing shall not be applicable.
(Source: P.A. 88-537; 88-688, eff. 1-24-95; revised 10-31-98.)
(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of the
public hearing shall be given by publication and mailing. Notice by
publication shall be given by publication at least twice, the first
publication to be not more than 30 nor less than 10 days prior to the
hearing in a newspaper of general circulation within the taxing
districts having property in the proposed redevelopment project area.
Notice by mailing shall be given by depositing such notice in the
United States mails by certified mail addressed to the person or
persons in whose name the general taxes for the last preceding year
were paid on each lot, block, tract, or parcel of land lying within
the project redevelopment area. Said notice shall be mailed not less
than 10 days prior to the date set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice
shall also be sent to the persons last listed on the tax rolls within
the preceding 3 years as the owners of such property. For
redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would require removal of 10 or more
inhabited residential units or that contain 75 or more inhabited
residential units, the municipality shall make a good faith effort to
notify by mail all residents of the redevelopment project area. At a
minimum, the municipality shall mail a notice to each residential
address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices are
effectively communicated and shall include (in addition to notice in
English) notice in the predominant language other than English when
appropriate.
(b) The notices issued pursuant to this Section shall include
the following:
(1) The time and place of public hearing;
(2) The boundaries of the proposed redevelopment project
area by legal description and by street location where possible;
(3) A notification that all interested persons will be
given an opportunity to be heard at the public hearing;
(4) A description of the redevelopment plan or
redevelopment project for the proposed redevelopment project area
if a plan or project is the subject matter of the hearing.
(5) Such other matters as the municipality may deem
appropriate.
(c) Not less than 45 days prior to the date set for hearing, the
municipality shall give notice by mail as provided in subsection (a)
to all taxing districts of which taxable property is included in the
redevelopment project area, project or plan and to the Department of
Commerce and Community Affairs, and in addition to the other
requirements under subsection (b) the notice shall include an
invitation to the Department of Commerce and Community Affairs and
each taxing district to submit comments to the municipality
concerning the subject matter of the hearing prior to the date of
HOUSE OF REPRESENTATIVES 3891
hearing.
(d) In the event that any municipality has by ordinance adopted
tax increment financing prior to 1987, and has complied with the
notice requirements of this Section, except that the notice has not
included the requirements of subsection (b), paragraphs (2), (3) and
(4), and within 90 days of the effective date of this amendatory Act
of 1991, that municipality passes an ordinance which contains
findings that: (1) all taxing districts prior to the time of the
hearing required by Section 11-74.4-5 were furnished with copies of a
map incorporated into the redevelopment plan and project
substantially showing the legal boundaries of the redevelopment
project area; (2) the redevelopment plan and project, or a draft
thereof, contained a map substantially showing the legal boundaries
of the redevelopment project area and was available to the public at
the time of the hearing; and (3) since the adoption of any form of
tax increment financing authorized by this Act, and prior to June 1,
1991, no objection or challenge has been made in writing to the
municipality in respect to the notices required by this Section, then
the municipality shall be deemed to have met the notice requirements
of this Act and all actions of the municipality taken in connection
with such notices as were given are hereby validated and hereby
declared to be legally sufficient for all purposes of this Act.
(e) If a municipality desires to propose a redevelopment plan
for a redevelopment project area that would result in the
displacement of residents from 10 or more inhabited residential units
or for a redevelopment project area that contains 75 or more
inhabited residential units, the municipality shall hold a public
meeting before the mailing of the notices of public hearing as
provided in subsection (c) of this Section. The meeting shall be for
the purpose of enabling the municipality to advise the public, taxing
districts having real property in the redevelopment project area,
taxpayers who own property in the proposed redevelopment project
area, and residents in the area as to the municipality's possible
intent to prepare a redevelopment plan and designate a redevelopment
project area and to receive public comment. The time and place for
the meeting shall be set by the head of the municipality's Department
of Planning or other department official designated by the mayor or
city or village manager without the necessity of a resolution or
ordinance of the municipality and may be held by a member of the
staff of the Department of Planning of the municipality or by any
other person, body, or commission designated by the corporate
authorities. The meeting shall be held at least 14 business days
before the mailing of the notice of public hearing provided for in
subsection (c) of this Section.
Notice of the public meeting shall be given by mail. Notice by
mail shall be not less than 15 days before the date of the meeting
and shall be sent by certified mail to all taxing districts having
real property in the proposed redevelopment project area and to all
entities requesting that information that have registered with a
person and department designated by the municipality in accordance
with registration guidelines established by the municipality pursuant
to Section 11-74.4-4.2. The municipality shall make a good faith
effort to notify all residents and the last known persons who paid
property taxes on real estate in a redevelopment project area. This
requirement shall be deemed to be satisfied if the municipality
mails, by regular mail, a notice to each residential address and the
person or persons in whose name property taxes were paid on real
property for the last preceding year located within the redevelopment
project area. Notice shall be in languages other than English when
appropriate. The notices issued under this subsection shall include
the following:
3892 JOURNAL OF THE [May 11, 1999]
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for possible
designation as a redevelopment project area by street and
location.
(3) The purpose or purposes of establishing a redevelopment
project area.
(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the person
who can be contacted for additional information about the
proposed redevelopment project area and who should receive all
comments and suggestions regarding the development of the area
to be studied.
(6) Notification that all interested persons will be given
an opportunity to be heard at the public meeting.
(7) Such other matters as the municipality deems
appropriate.
At the public meeting, any interested person or representative of
an affected taxing district may be heard orally and may file, with
the person conducting the meeting, statements that pertain to the
subject matter of the meeting.
(Source: P.A. 86-142; 87-813.)
(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax
allocation fund set forth in Section 11-74.4-8 for the redevelopment
project area may be issued to provide for redevelopment project
costs. Such obligations, when so issued, shall be retired in the
manner provided in the ordinance authorizing the issuance of such
obligations by the receipts of taxes levied as specified in Section
11-74.4-9 against the taxable property included in the area, by
revenues as specified by Section 11-74.4-8a and other revenue
designated by the municipality. A municipality may in the ordinance
pledge all or any part of the funds in and to be deposited in the
special tax allocation fund created pursuant to Section 11-74.4-8 to
the payment of the redevelopment project costs and obligations. Any
pledge of funds in the special tax allocation fund shall provide for
distribution to the taxing districts and to the Illinois Department
of Revenue of moneys not required, pledged, earmarked, or otherwise
designated for payment and securing of the obligations and
anticipated redevelopment project costs and such excess funds shall
be calculated annually and deemed to be "surplus" funds. In the
event a municipality only applies or pledges a portion of the funds
in the special tax allocation fund for the payment or securing of
anticipated redevelopment project costs or of obligations, any such
funds remaining in the special tax allocation fund after complying
with the requirements of the application or pledge, shall also be
calculated annually and deemed "surplus" funds. All surplus funds in
the special tax allocation fund, subject to the provisions of (6.1)
of Section 11-74.4-8a, shall be distributed annually within 180 days
after the close of the municipality's fiscal year by being paid by
the municipal treasurer to the County Collector, to the Department of
Revenue and to the municipality in direct proportion to the tax
incremental revenue received as a result of an increase in the
equalized assessed value of property in the redevelopment project
area, tax incremental revenue received from the State and tax
incremental revenue received from the municipality, but not to exceed
as to each such source the total incremental revenue received from
that source. Except that any special tax allocation fund subject to
provision in (6.1) of Section 11-74.4-8a shall comply with the
provisions in that Section. The County Collector shall thereafter
make distribution to the respective taxing districts in the same
manner and proportion as the most recent distribution by the county
HOUSE OF REPRESENTATIVES 3893
collector to the affected districts of real property taxes from real
property in the redevelopment project area.
Without limiting the foregoing in this Section, the municipality
may in addition to obligations secured by the special tax allocation
fund pledge for a period not greater than the term of the obligations
towards payment of such obligations any part or any combination of
the following: (a) net revenues of all or part of any redevelopment
project; (b) taxes levied and collected on any or all property in the
municipality; (c) the full faith and credit of the municipality; (d)
a mortgage on part or all of the redevelopment project; or (e) any
other taxes or anticipated receipts that the municipality may
lawfully pledge.
Such obligations may be issued in one or more series bearing
interest at such rate or rates as the corporate authorities of the
municipality shall determine by ordinance. Such obligations shall
bear such date or dates, mature at such time or times not exceeding
20 years from their respective dates, be in such denomination, carry
such registration privileges, be executed in such manner, be payable
in such medium of payment at such place or places, contain such
covenants, terms and conditions, and be subject to redemption as such
ordinance shall provide. Obligations issued pursuant to this Act may
be sold at public or private sale at such price as shall be
determined by the corporate authorities of the municipalities. No
referendum approval of the electors shall be required as a condition
to the issuance of obligations pursuant to this Division except as
provided in this Section.
In the event the municipality authorizes issuance of obligations
pursuant to the authority of this Division secured by the full faith
and credit of the municipality, which obligations are other than
obligations which may be issued under home rule powers provided by
Article VII, Section 6 of the Illinois Constitution, or pledges
taxes pursuant to (b) or (c) of the second paragraph of this section,
the ordinance authorizing the issuance of such obligations or
pledging such taxes shall be published within 10 days after such
ordinance has been passed in one or more newspapers, with general
circulation within such municipality. The publication of the
ordinance shall be accompanied by a notice of (1) the specific number
of voters required to sign a petition requesting the question of the
issuance of such obligations or pledging taxes to be submitted to the
electors; (2) the time in which such petition must be filed; and (3)
the date of the prospective referendum. The municipal clerk shall
provide a petition form to any individual requesting one.
If no petition is filed with the municipal clerk, as hereinafter
provided in this Section, within 30 days after the publication of the
ordinance, the ordinance shall be in effect. But, if within that 30
day period a petition is filed with the municipal clerk, signed by
electors in the municipality numbering 10% or more of the number of
registered voters in the municipality, asking that the question of
issuing obligations using full faith and credit of the municipality
as security for the cost of paying for redevelopment project costs,
or of pledging taxes for the payment of such obligations, or both, be
submitted to the electors of the municipality, the corporate
authorities of the municipality shall call a special election in the
manner provided by law to vote upon that question, or, if a general,
State or municipal election is to be held within a period of not less
than 30 or more than 90 days from the date such petition is filed,
shall submit the question at the next general, State or municipal
election. If it appears upon the canvass of the election by the
corporate authorities that a majority of electors voting upon the
question voted in favor thereof, the ordinance shall be in effect,
but if a majority of the electors voting upon the question are not in
3894 JOURNAL OF THE [May 11, 1999]
favor thereof, the ordinance shall not take effect.
The ordinance authorizing the obligations may provide that the
obligations shall contain a recital that they are issued pursuant to
this Division, which recital shall be conclusive evidence of their
validity and of the regularity of their issuance.
In the event the municipality authorizes issuance of obligations
pursuant to this Section secured by the full faith and credit of the
municipality, the ordinance authorizing the obligations may provide
for the levy and collection of a direct annual tax upon all taxable
property within the municipality sufficient to pay the principal
thereof and interest thereon as it matures, which levy may be in
addition to and exclusive of the maximum of all other taxes
authorized to be levied by the municipality, which levy, however,
shall be abated to the extent that monies from other sources are
available for payment of the obligations and the municipality
certifies the amount of said monies available to the county clerk.
A certified copy of such ordinance shall be filed with the county
clerk of each county in which any portion of the municipality is
situated, and shall constitute the authority for the extension and
collection of the taxes to be deposited in the special tax allocation
fund.
A municipality may also issue its obligations to refund in whole
or in part, obligations theretofore issued by such municipality under
the authority of this Act, whether at or prior to maturity, provided
however, that the last maturity of the refunding obligations shall
not be expressed to mature later than December 31 of the year in
which the payment to the municipal treasurer as provided in
subsection (b) of Section 11-74.4-8 of this Act is to be made with
respect to ad valorem taxes levied in the twenty-third calendar year
after the year in which the ordinance approving the redevelopment
project area is adopted 23 years from the date of the ordinance
approving the redevelopment project area if the ordinance was adopted
on or after January 15, 1981, and not later than December 31 of the
year in which the payment to the municipal treasurer as provided in
subsection (b) of Section 11-74.4-8 of this Act is to be made with
respect to ad valorem taxes levied in the thirty-fifth calendar year
after the year in which the ordinance approving the redevelopment
project area is adopted more than 35 years if the ordinance was
adopted before January 15, 1981, or if the ordinance was adopted in
April, 1984, July, 1985, or if the ordinance was adopted in December,
1987 and the redevelopment project is located within one mile of
Midway Airport, or if the municipality is subject to the Local
Government Financial Planning and Supervision Act, or if the
ordinance was adopted on December 31, 1986 by a municipality located
in Clinton County for which at least $250,000 of tax increment bonds
were authorized on June 17, 1997 and, for redevelopment project
areas for which bonds were issued before July 29, 1991, in connection
with a redevelopment project in the area within the State Sales Tax
Boundary and which were extended by municipal ordinance under
subsection (n) of Section 11-74.4-3, the last maturity of the
refunding obligations shall not be expressed to mature later than the
date on which the redevelopment project area is terminated or
December 31, 2013, whichever date occurs first.
In the event a municipality issues obligations under home rule
powers or other legislative authority the proceeds of which are
pledged to pay for redevelopment project costs, the municipality may,
if it has followed the procedures in conformance with this division,
retire said obligations from funds in the special tax allocation fund
in amounts and in such manner as if such obligations had been issued
pursuant to the provisions of this division.
All obligations heretofore or hereafter issued pursuant to this
HOUSE OF REPRESENTATIVES 3895
Act shall not be regarded as indebtedness of the municipality issuing
such obligations or any other taxing district for the purpose of any
limitation imposed by law.
(Source: P.A. 89-357; eff. 8-17-95; 90-379, eff. 8-14-97.)
(65 ILCS 5/11-74.4-7.1)
Sec. 11-74.4-7.1. After the effective date of this amendatory
Act of 1994 and prior to the effective date of this amendatory Act of
the 91st General Assembly, a municipality with a population of less
than 1,000,000, prior to construction of a new municipal public
building that provides governmental services to be financed with tax
increment revenues as authorized in paragraph (4) of subsection (q)
of Section 11-74.4-3, shall agree with the affected taxing districts
to pay them, to the extent tax increment finance revenues are
available, over the life of the redevelopment project area, an amount
equal to 25% of the cost of the building, such payments to be paid to
the taxing districts in the same proportion as the most recent
distribution by the county collector to the affected taxing districts
of real property taxes from taxable real property in the
redevelopment project area.
This Section does not apply to a municipality that, before March
14, 1994 (the effective date of Public Act 88-537), acquired or
leased the land (i) upon which a new municipal public building is to
be constructed and (ii) for which an existing redevelopment plan or a
redevelopment agreement includes provisions for the construction of a
new municipal public building.
(Source: P.A. 88-537; 88-688, eff. 1-24-95.)
(65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
Sec. 11-74.4-8. A municipality may not adopt tax increment
financing in a redevelopment project area after the effective date of
this amendatory Act of 1997 that will encompass an area that is
currently included in an enterprise zone created under the Illinois
Enterprise Zone Act unless that municipality, pursuant to Section 5.4
of the Illinois Enterprise Zone Act, amends the enterprise zone
designating ordinance to limit the eligibility for tax abatements as
provided in Section 5.4.1 of the Illinois Enterprise Zone Act. A
municipality, at the time a redevelopment project area is designated,
may adopt tax increment allocation financing by passing an ordinance
providing that the ad valorem taxes, if any, arising from the levies
upon taxable real property in such redevelopment project area by
taxing districts and tax rates determined in the manner provided in
paragraph (c) of Section 11-74.4-9 each year after the effective date
of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this
Division have been paid shall be divided as follows:
(a) That portion of taxes levied upon each taxable lot, block,
tract or parcel of real property which is attributable to the lower
of the current equalized assessed value or the initial equalized
assessed value of each such taxable lot, block, tract or parcel of
real property in the redevelopment project area shall be allocated to
and when collected shall be paid by the county collector to the
respective affected taxing districts in the manner required by law in
the absence of the adoption of tax increment allocation financing.
(b) That portion, if any, of such taxes which is attributable to
the increase in the current equalized assessed valuation of each
taxable lot, block, tract or parcel of real property in the
redevelopment project area over and above the initial equalized
assessed value of each property in the project area shall be
allocated to and when collected shall be paid to the municipal
treasurer who shall deposit said taxes into a special fund called the
special tax allocation fund of the municipality for the purpose of
paying redevelopment project costs and obligations incurred in the
3896 JOURNAL OF THE [May 11, 1999]
payment thereof. In any county with a population of 3,000,000 or more
that has adopted a procedure for collecting taxes that provides for
one or more of the installments of the taxes to be billed and
collected on an estimated basis, the municipal treasurer shall be
paid for deposit in the special tax allocation fund of the
municipality, from the taxes collected from estimated bills issued
for property in the redevelopment project area, the difference
between the amount actually collected from each taxable lot, block,
tract, or parcel of real property within the redevelopment project
area and an amount determined by multiplying the rate at which taxes
were last extended against the taxable lot, block, track, or parcel
of real property in the manner provided in subsection (c) of Section
11-74.4-9 by the initial equalized assessed value of the property
divided by the number of installments in which real estate taxes are
billed and collected within the county;, provided that the payments
on or before December 31, 1999 to a municipal treasurer shall be made
only if each of the following conditions are met:
(1) The total equalized assessed value of the redevelopment
project area as last determined was not less than 175% of the
total initial equalized assessed value.
(2) Not more than 50% of the total equalized assessed value
of the redevelopment project area as last determined is
attributable to a piece of property assigned a single real estate
index number.
(3) The municipal clerk has certified to the county clerk
that the municipality has issued its obligations to which there
has been pledged the incremental property taxes of the
redevelopment project area or taxes levied and collected on any
or all property in the municipality or the full faith and credit
of the municipality to pay or secure payment for all or a portion
of the redevelopment project costs. The certification shall be
filed annually no later than September 1 for the estimated taxes
to be distributed in the following year; however, for the year
1992 the certification shall be made at any time on or before
March 31, 1992.
(4) The municipality has not requested that the total
initial equalized assessed value of real property be adjusted as
provided in subsection (b) of Section 11-74.4-9.
The conditions of paragraphs (1) through (4) do not apply after
December 31, 1999 to payments to a municipal treasurer made by a
county with 3,000,000 or more inhabitants that has adopted an
estimated billing procedure for collecting taxes. If a county that
has adopted the estimated billing procedure makes an erroneous
overpayment of tax revenue to the municipal treasurer, then the
county may seek a refund of that overpayment. The county shall send
the municipal treasurer a notice of liability for the overpayment on
or before the mailing date of the next real estate tax bill within
the county. The refund shall be limited to the amount of the
overpayment.
It is the intent of this Division that after the effective date
of this amendatory Act of 1988 a municipality's own ad valorem tax
arising from levies on taxable real property be included in the
determination of incremental revenue in the manner provided in
paragraph (c) of Section 11-74.4-9. If the municipality does not
extend such a tax, it shall annually deposit in the municipality's
Special Tax Increment Fund an amount equal to 10% of the total
contributions to the fund from all other taxing districts in that
year. The annual 10% deposit required by this paragraph shall be
limited to the actual amount of municipally produced incremental tax
revenues available to the municipality from taxpayers located in the
redevelopment project area in that year if: (a) the plan for the area
HOUSE OF REPRESENTATIVES 3897
restricts the use of the property primarily to industrial purposes,
(b) the municipality establishing the redevelopment project area is a
home-rule community with a 1990 population of between 25,000 and
50,000, (c) the municipality is wholly located within a county with a
1990 population of over 750,000 and (d) the redevelopment project
area was established by the municipality prior to June 1, 1990. This
payment shall be in lieu of a contribution of ad valorem taxes on
real property. If no such payment is made, any redevelopment project
area of the municipality shall be dissolved.
If a municipality has adopted tax increment allocation financing
by ordinance and the County Clerk thereafter certifies the "total
initial equalized assessed value as adjusted" of the taxable real
property within such redevelopment project area in the manner
provided in paragraph (b) of Section 11-74.4-9, each year after the
date of the certification of the total initial equalized assessed
value as adjusted until redevelopment project costs and all municipal
obligations financing redevelopment project costs have been paid the
ad valorem taxes, if any, arising from the levies upon the taxable
real property in such redevelopment project area by taxing districts
and tax rates determined in the manner provided in paragraph (c) of
Section 11-74.4-9 shall be divided as follows:
(1) That portion of the taxes levied upon each taxable lot,
block, tract or parcel of real property which is attributable to
the lower of the current equalized assessed value or "current
equalized assessed value as adjusted" or the initial equalized
assessed value of each such taxable lot, block, tract, or parcel
of real property existing at the time tax increment financing was
adopted, minus the total current homestead exemptions provided by
Sections 15-170 and 15-175 of the Property Tax Code in the
redevelopment project area shall be allocated to and when
collected shall be paid by the county collector to the respective
affected taxing districts in the manner required by law in the
absence of the adoption of tax increment allocation financing.
(2) That portion, if any, of such taxes which is
attributable to the increase in the current equalized assessed
valuation of each taxable lot, block, tract, or parcel of real
property in the redevelopment project area, over and above the
initial equalized assessed value of each property existing at the
time tax increment financing was adopted, minus the total current
homestead exemptions pertaining to each piece of property
provided by Sections 15-170 and 15-175 of the Property Tax Code
in the redevelopment project area, shall be allocated to and when
collected shall be paid to the municipal Treasurer, who shall
deposit said taxes into a special fund called the special tax
allocation fund of the municipality for the purpose of paying
redevelopment project costs and obligations incurred in the
payment thereof.
The municipality may pledge in the ordinance the funds in and to
be deposited in the special tax allocation fund for the payment of
such costs and obligations. No part of the current equalized
assessed valuation of each property in the redevelopment project area
attributable to any increase above the total initial equalized
assessed value, or the total initial equalized assessed value as
adjusted, of such properties shall be used in calculating the general
State school aid formula, provided for in Section 18-8 of the School
Code, until such time as all redevelopment project costs have been
paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of financing
redevelopment project costs, such municipality may provide by
ordinance for the appointment of a trustee, which may be any trust
company within the State, and for the establishment of such funds or
3898 JOURNAL OF THE [May 11, 1999]
accounts to be maintained by such trustee as the municipality shall
deem necessary to provide for the security and payment of the bonds.
If such municipality provides for the appointment of a trustee, such
trustee shall be considered the assignee of any payments assigned by
the municipality pursuant to such ordinance and this Section. Any
amounts paid to such trustee as assignee shall be deposited in the
funds or accounts established pursuant to such trust agreement, and
shall be held by such trustee in trust for the benefit of the holders
of the bonds, and such holders shall have a lien on and a security
interest in such funds or accounts so long as the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the trustee
shall pay over any excess amounts held to the municipality for
deposit in the special tax allocation fund.
When such redevelopment projects costs, including without
limitation all municipal obligations financing redevelopment project
costs incurred under this Division, have been paid, all surplus funds
then remaining in the special tax allocation fund shall be
distributed by being paid by the municipal treasurer to the
Department of Revenue, the municipality and the county collector;
first to the Department of Revenue and the municipality in direct
proportion to the tax incremental revenue received from the State and
the municipality, but not to exceed the total incremental revenue
received from the State or the municipality less any annual surplus
distribution of incremental revenue previously made; with any
remaining funds to be paid to the County Collector who shall
immediately thereafter pay said funds to the taxing districts in the
redevelopment project area in the same manner and proportion as the
most recent distribution by the county collector to the affected
districts of real property taxes from real property in the
redevelopment project area.
Upon the payment of all redevelopment project costs, retirement
of obligations and the distribution of any excess monies pursuant to
this Section, the municipality shall adopt an ordinance dissolving
the special tax allocation fund for the redevelopment project area
and terminating the designation of the redevelopment project area as
a redevelopment project area. Municipalities shall notify affected
taxing districts prior to November 1 if the redevelopment project
area is to be terminated by December 31 of that same year. If a
municipality extends estimated dates of completion of a redevelopment
project and retirement of obligations to finance a redevelopment
project, as allowed by this amendatory Act of 1993, that extension
shall not extend the property tax increment allocation financing
authorized by this Section. Thereafter the rates of the taxing
districts shall be extended and taxes levied, collected and
distributed in the manner applicable in the absence of the adoption
of tax increment allocation financing.
Nothing in this Section shall be construed as relieving property
in such redevelopment project areas from being assessed as provided
in the Property Tax Code or as relieving owners of such property from
paying a uniform rate of taxes, as required by Section 4 of Article 9
of the Illinois Constitution.
(Source: P.A. 90-258, eff. 7-30-97.)
(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality which
has adopted tax increment allocation financing prior to January 1,
1987, may by ordinance (1) authorize the Department of Revenue,
subject to appropriation, to annually certify and cause to be paid
from the Illinois Tax Increment Fund to such municipality for deposit
in the municipality's special tax allocation fund an amount equal to
the Net State Sales Tax Increment and (2) authorize the Department of
Revenue to annually notify the municipality of the amount of the
HOUSE OF REPRESENTATIVES 3899
Municipal Sales Tax Increment which shall be deposited by the
municipality in the municipality's special tax allocation fund.
Provided that for purposes of this Section no amendments adding
additional area to the redevelopment project area which has been
certified as the State Sales Tax Boundary shall be taken into account
if such amendments are adopted by the municipality after January 1,
1987. If an amendment is adopted which decreases the area of a State
Sales Tax Boundary, the municipality shall update the list required
by subsection (3)(a) of this Section. The Retailers' Occupation Tax
liability, Use Tax liability, Service Occupation Tax liability and
Service Use Tax liability for retailers and servicemen located within
the disconnected area shall be excluded from the base from which tax
increments are calculated and the revenue from any such retailer or
serviceman shall not be included in calculating incremental revenue
payable to the municipality. A municipality adopting an ordinance
under this subsection (1) of this Section for a redevelopment project
area which is certified as a State Sales Tax Boundary shall not be
entitled to payments of State taxes authorized under subsection (2)
of this Section for the same redevelopment project area. Nothing
herein shall be construed to prevent a municipality from receiving
payment of State taxes authorized under subsection (2) of this
Section for a separate redevelopment project area that does not
overlap in any way with the State Sales Tax Boundary receiving
payments of State taxes pursuant to subsection (1) of this Section.
A certified copy of such ordinance shall be submitted by the
municipality to the Department of Commerce and Community Affairs and
the Department of Revenue not later than 30 days after the effective
date of the ordinance. Upon submission of the ordinances, and the
information required pursuant to subsection 3 of this Section, the
Department of Revenue shall promptly determine the amount of such
taxes paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act and the Municipal Service Occupation
Tax Act by retailers and servicemen on transactions at places located
in the redevelopment project area during the base year, and shall
certify all the foregoing "initial sales tax amounts" to the
municipality within 60 days of submission of the list required of
subsection (3)(a) of this Section.
If a retailer or serviceman with a place of business located
within a redevelopment project area also has one or more other places
of business within the municipality but outside the redevelopment
project area, the retailer or serviceman shall, upon request of the
Department of Revenue, certify to the Department of Revenue the
amount of taxes paid pursuant to the Retailers' Occupation Tax Act,
the Municipal Retailers' Occupation Tax Act, the Service Occupation
Tax Act and the Municipal Service Occupation Tax Act at each place of
business which is located within the redevelopment project area in
the manner and for the periods of time requested by the Department of
Revenue.
When the municipality determines that a portion of an increase in
the aggregate amount of taxes paid by retailers and servicemen under
the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act,
or the Service Occupation Tax Act is the result of a retailer or
serviceman initiating retail or service operations in the
redevelopment project area by such retailer or serviceman with a
resulting termination of retail or service operations by such
retailer or serviceman at another location in Illinois in the
standard metropolitan statistical area of such municipality, the
Department of Revenue shall be notified that the retailers occupation
tax liability, use tax liability, service occupation tax liability,
or service use tax liability from such retailer's or serviceman's
3900 JOURNAL OF THE [May 11, 1999]
terminated operation shall be included in the base Initial Sales Tax
Amounts from which the State Sales Tax Increment is calculated for
purposes of State payments to the affected municipality; provided,
however, for purposes of this paragraph "termination" shall mean a
closing of a retail or service operation which is directly related to
the opening of the same retail or service operation in a
redevelopment project area which is included within a State Sales Tax
Boundary, but it shall not include retail or service operations
closed for reasons beyond the control of the retailer or serviceman,
as determined by the Department. If the municipality makes the
determination referred to in the prior paragraph and notifies the
Department and if the relocation is from a location within the
municipality, the Department, at the request of the municipality,
shall adjust the certified aggregate amount of taxes that constitute
the Municipal Sales Tax Increment paid by retailers and servicemen on
transactions at places of business located within the State Sales Tax
Boundary during the base year using the same procedures as are
employed to make the adjustment referred to in the prior paragraph.
The adjusted Municipal Sales Tax Increment calculated by the
Department shall be sufficient to satisfy the requirements of
subsection (1) of this Section.
When a municipality which has adopted tax increment allocation
financing in 1986 determines that a portion of the aggregate amount
of taxes paid by retailers and servicemen under the Retailers
Occupation Tax Act, Use Tax Act, Service Use Tax Act, or Service
Occupation Tax Act, the Municipal Retailers' Occupation Tax Act and
the Municipal Service Occupation Tax Act, includes revenue of a
retailer or serviceman which terminated retailer or service
operations in 1986, prior to the adoption of tax increment allocation
financing, the Department of Revenue shall be notified by such
municipality that the retailers' occupation tax liability, use tax
liability, service occupation tax liability or service use tax
liability, from such retailer's or serviceman's terminated operations
shall be excluded from the Initial Sales Tax Amounts for such taxes.
The revenue from any such retailer or serviceman which is excluded
from the base year under this paragraph, shall not be included in
calculating incremental revenues if such retailer or serviceman
reestablishes such business in the redevelopment project area.
For State fiscal year 1992, the Department of Revenue shall
budget, and the Illinois General Assembly shall appropriate from the
Illinois Tax Increment Fund in the State treasury, an amount not to
exceed $18,000,000 to pay to each eligible municipality the Net State
Sales Tax Increment to which such municipality is entitled.
Beginning on January 1, 1993, each municipality's proportional
share of the Illinois Tax Increment Fund shall be determined by
adding the annual Net State Sales Tax Increment and the annual Net
Utility Tax Increment to determine the Annual Total Increment. The
ratio of the Annual Total Increment of each municipality to the
Annual Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional shares
of the Illinois Tax Increment Fund to be distributed to each
municipality.
Beginning in October, 1993, and each January, April, July and
October thereafter, the Department of Revenue shall certify to the
Treasurer and the Comptroller the amounts payable quarter annually
during the fiscal year to each municipality under this Section. The
Comptroller shall promptly then draw warrants, ordering the State
Treasurer to pay such amounts from the Illinois Tax Increment Fund in
the State treasury.
The Department of Revenue shall utilize the same periods
established for determining State Sales Tax Increment to determine
HOUSE OF REPRESENTATIVES 3901
the Municipal Sales Tax Increment for the area within a State Sales
Tax Boundary and certify such amounts to such municipal treasurer who
shall transfer such amounts to the special tax allocation fund.
The provisions of this subsection (1) do not apply to additional
municipal retailers' occupation or service occupation taxes imposed
by municipalities using their home rule powers or imposed pursuant to
Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. A municipality
shall not receive from the State any share of the Illinois Tax
Increment Fund unless such municipality deposits all its Municipal
Sales Tax Increment and the local incremental real property tax
revenues, as provided herein, into the appropriate special tax
allocation fund. A municipality located within an economic
development project area created under the County Economic
Development Project Area Property Tax Allocation Act which has abated
any portion of its property taxes which otherwise would have been
deposited in its special tax allocation fund shall not receive from
the State the Net Sales Tax Increment.
(2) A municipality which has adopted tax increment allocation
financing with regard to an industrial park or industrial park
conservation area, prior to January 1, 1988, may by ordinance
authorize the Department of Revenue to annually certify and pay from
the Illinois Tax Increment Fund to such municipality for deposit in
the municipality's special tax allocation fund an amount equal to the
Net State Utility Tax Increment. Provided that for purposes of this
Section no amendments adding additional area to the redevelopment
project area shall be taken into account if such amendments are
adopted by the municipality after January 1, 1988. Municipalities
adopting an ordinance under this subsection (2) of this Section for a
redevelopment project area shall not be entitled to payment of State
taxes authorized under subsection (1) of this Section for the same
redevelopment project area which is within a State Sales Tax
Boundary. Nothing herein shall be construed to prevent a municipality
from receiving payment of State taxes authorized under subsection (1)
of this Section for a separate redevelopment project area within a
State Sales Tax Boundary that does not overlap in any way with the
redevelopment project area receiving payments of State taxes pursuant
to subsection (2) of this Section.
A certified copy of such ordinance shall be submitted to the
Department of Commerce and Community Affairs and the Department of
Revenue not later than 30 days after the effective date of the
ordinance.
When a municipality determines that a portion of an increase in
the aggregate amount of taxes paid by industrial or commercial
facilities under the Public Utilities Act, is the result of an
industrial or commercial facility initiating operations in the
redevelopment project area with a resulting termination of such
operations by such industrial or commercial facility at another
location in Illinois, the Department of Revenue shall be notified by
such municipality that such industrial or commercial facility's
liability under the Public Utility Tax Act shall be included in the
base from which tax increments are calculated for purposes of State
payments to the affected municipality.
After receipt of the calculations by the public utility as
required by subsection (4) of this Section, the Department of Revenue
shall annually budget and the Illinois General Assembly shall
annually appropriate from the General Revenue Fund through State
Fiscal Year 1989, and thereafter from the Illinois Tax Increment
Fund, an amount sufficient to pay to each eligible municipality the
amount of incremental revenue attributable to State electric and gas
taxes as reflected by the charges imposed on persons in the project
area to which such municipality is entitled by comparing the
3902 JOURNAL OF THE [May 11, 1999]
preceding calendar year with the base year as determined by this
Section. Beginning on January 1, 1993, each municipality's
proportional share of the Illinois Tax Increment Fund shall be
determined by adding the annual Net State Utility Tax Increment and
the annual Net Utility Tax Increment to determine the Annual Total
Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as
most recently calculated by the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to be
distributed to each municipality.
A municipality shall not receive any share of the Illinois Tax
Increment Fund from the State unless such municipality imposes the
maximum municipal charges authorized pursuant to Section 9-221 of the
Public Utilities Act and deposits all municipal utility tax
incremental revenues as certified by the public utilities, and all
local real estate tax increments into such municipality's special tax
allocation fund.
(3) Within 30 days after the adoption of the ordinance required
by either subsection (1) or subsection (2) of this Section, the
municipality shall transmit to the Department of Commerce and
Community Affairs and the Department of Revenue the following:
(a) if applicable, a certified copy of the ordinance
required by subsection (1) accompanied by a complete list of
street names and the range of street numbers of each street
located within the redevelopment project area for which payments
are to be made under this Section in both the base year and in
the year preceding the payment year; and the addresses of persons
registered with the Department of Revenue; and, the name under
which each such retailer or serviceman conducts business at that
address, if different from the corporate name; and the Illinois
Business Tax Number of each such person (The municipality shall
update this list in the event of a revision of the redevelopment
project area, or the opening or closing or name change of any
street or part thereof in the redevelopment project area, or if
the Department of Revenue informs the municipality of an addition
or deletion pursuant to the monthly updates given by the
Department.);
(b) if applicable, a certified copy of the ordinance
required by subsection (2) accompanied by a complete list of
street names and range of street numbers of each street located
within the redevelopment project area, the utility customers in
the project area, and the utilities serving the redevelopment
project areas;
(c) certified copies of the ordinances approving the
redevelopment plan and designating the redevelopment project
area;
(d) a copy of the redevelopment plan as approved by the
municipality;
(e) an opinion of legal counsel that the municipality had
complied with the requirements of this Act; and
(f) a certification by the chief executive officer of the
municipality that with regard to a redevelopment project area:
(1) the municipality has committed all of the municipal tax
increment created pursuant to this Act for deposit in the special
tax allocation fund, (2) the redevelopment projects described in
the redevelopment plan would not be completed without the use of
State incremental revenues pursuant to this Act, (3) the
municipality will pursue the implementation of the redevelopment
plan in an expeditious manner, (4) the incremental revenues
created pursuant to this Section will be exclusively utilized for
the development of the redevelopment project area, and (5) the
HOUSE OF REPRESENTATIVES 3903
increased revenue created pursuant to this Section shall be used
exclusively to pay redevelopment project costs as defined in this
Act.
(4) The Department of Revenue upon receipt of the information
set forth in paragraph (b) of subsection (3) shall immediately
forward such information to each public utility furnishing natural
gas or electricity to buildings within the redevelopment project
area. Upon receipt of such information, each public utility shall
promptly:
(a) provide to the Department of Revenue and the
municipality separate lists of the names and addresses of persons
within the redevelopment project area receiving natural gas or
electricity from such public utility. Such list shall be updated
as necessary by the public utility. Each month thereafter the
public utility shall furnish the Department of Revenue and the
municipality with an itemized listing of charges imposed pursuant
to Sections 9-221 and 9-222 of the Public Utilities Act on
persons within the redevelopment project area.
(b) determine the amount of charges imposed pursuant to
Sections 9-221 and 9-222 of the Public Utilities Act on persons
in the redevelopment project area during the base year, both as a
result of municipal taxes on electricity and gas and as a result
of State taxes on electricity and gas and certify such amounts
both to the municipality and the Department of Revenue; and
(c) determine the amount of charges imposed pursuant to
Sections 9-221 and 9-222 of the Public Utilities Act on persons
in the redevelopment project area on a monthly basis during the
base year, both as a result of State and municipal taxes on
electricity and gas and certify such separate amounts both to the
municipality and the Department of Revenue.
After the determinations are made in paragraphs (b) and (c), the
public utility shall monthly during the existence of the
redevelopment project area notify the Department of Revenue and the
municipality of any increase in charges over the base year
determinations made pursuant to paragraphs (b) and (c).
(5) The payments authorized under this Section shall be
deposited by the municipal treasurer in the special tax allocation
fund of the municipality, which for accounting purposes shall
identify the sources of each payment as: municipal receipts from the
State retailers occupation, service occupation, use and service use
taxes; and municipal public utility taxes charged to customers under
the Public Utilities Act and State public utility taxes charged to
customers under the Public Utilities Act.
(6) Before the effective date of this amendatory Act of the 91st
General Assembly, any municipality receiving payments authorized
under this Section for any redevelopment project area or area within
a State Sales Tax Boundary within the municipality shall submit to
the Department of Revenue and to the taxing districts which are sent
the notice required by Section 6 of this Act annually within 180 days
after the close of each municipal fiscal year the following
information for the immediately preceding fiscal year:
(a) Any amendments to the redevelopment plan, the
redevelopment project area, or the State Sales Tax Boundary.
(b) Audited financial statements of the special tax
allocation fund.
(c) Certification of the Chief Executive Officer of the
municipality that the municipality has complied with all of the
requirements of this Act during the preceding fiscal year.
(d) An opinion of legal counsel that the municipality is in
compliance with this Act.
(e) An analysis of the special tax allocation fund which
3904 JOURNAL OF THE [May 11, 1999]
sets forth:
(1) the balance in the special tax allocation fund at
the beginning of the fiscal year;
(2) all amounts deposited in the special tax
allocation fund by source;
(3) all expenditures from the special tax allocation
fund by category of permissible redevelopment project cost;
and
(4) the balance in the special tax allocation fund at
the end of the fiscal year including a breakdown of that
balance by source. Such ending balance shall be designated
as surplus if it is not required for anticipated
redevelopment project costs or to pay debt service on bonds
issued to finance redevelopment project costs, as set forth
in Section 11-74.4-7 hereof.
(f) A description of all property purchased by the
municipality within the redevelopment project area including:
1. Street address
2. Approximate size or description of property
3. Purchase price
4. Seller of property.
(g) A statement setting forth all activities undertaken in
furtherance of the objectives of the redevelopment plan,
including:
1. Any project implemented in the preceding fiscal
year
2. A description of the redevelopment activities
undertaken
3. A description of any agreements entered into by the
municipality with regard to the disposition or redevelopment
of any property within the redevelopment project area or the
area within the State Sales Tax Boundary.
(h) With regard to any obligations issued by the
municipality:
1. copies of bond ordinances or resolutions
2. copies of any official statements
3. an analysis prepared by financial advisor or
underwriter setting forth: (a) nature and term of
obligation; and (b) projected debt service including
required reserves and debt coverage.
(i) A certified audit report reviewing compliance with this
statute performed by an independent public accountant certified
and licensed by the authority of the State of Illinois. The
financial portion of the audit must be conducted in accordance
with Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the Comptroller
General of the United States (1981), as amended. The audit
report shall contain a letter from the independent certified
public accountant indicating compliance or noncompliance with the
requirements of subsection (q) of Section 11-74.4-3. If the
audit indicates that expenditures are not in compliance with the
law, the Department of Revenue shall withhold State sales and
utility tax increment payments to the municipality until
compliance has been reached, and an amount equal to the
ineligible expenditures has been returned to the Special Tax
Allocation Fund.
(6.1) After July 29, 1988 and before the effective date of this
amendatory Act of the 91st General Assembly, any funds which have not
been designated for use in a specific development project in the
annual report shall be designated as surplus. No funds may be held
in the Special Tax Allocation Fund for more than 36 months from the
HOUSE OF REPRESENTATIVES 3905
date of receipt unless the money is required for payment of
contractual obligations for specific development project costs. If
held for more than 36 months in violation of the preceding sentence,
such funds shall be designated as surplus. Any funds designated as
surplus must first be used for early redemption of any bond
obligations. Any funds designated as surplus which are not disposed
of as otherwise provided in this paragraph, shall be distributed as
surplus as provided in Section 11-74.4-7.
(7) Any appropriation made pursuant to this Section for the 1987
State fiscal year shall not exceed the amount of $7 million and for
the 1988 State fiscal year the amount of $10 million. The amount
which shall be distributed to each municipality shall be the
incremental revenue to which each municipality is entitled as
calculated by the Department of Revenue, unless the requests of the
municipality exceed the appropriation, then the amount to which each
municipality shall be entitled shall be prorated among the
municipalities in the same proportion as the increment to which the
municipality would be entitled bears to the total increment which all
municipalities would receive in the absence of this limitation,
provided that no municipality may receive an amount in excess of 15%
of the appropriation. For the 1987 Net State Sales Tax Increment
payable in Fiscal Year 1989, no municipality shall receive more than
7.5% of the total appropriation; provided, however, that any of the
appropriation remaining after such distribution shall be prorated
among municipalities on the basis of their pro rata share of the
total increment. Beginning on January 1, 1993, each municipality's
proportional share of the Illinois Tax Increment Fund shall be
determined by adding the annual Net State Sales Tax Increment and the
annual Net Utility Tax Increment to determine the Annual Total
Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as
most recently calculated by the Department, shall determine the
proportional shares of the Illinois Tax Increment Fund to be
distributed to each municipality.
(7.1) No distribution of Net State Sales Tax Increment to a
municipality for an area within a State Sales Tax Boundary shall
exceed in any State Fiscal Year an amount equal to 3 times the sum of
the Municipal Sales Tax Increment, the real property tax increment
and deposits of funds from other sources, excluding state and federal
funds, as certified by the city treasurer to the Department of
Revenue for an area within a State Sales Tax Boundary. After July 29,
1988, for those municipalities which issue bonds between June 1, 1988
and 3 years from July 29, 1988 to finance redevelopment projects
within the area in a State Sales Tax Boundary, the distribution of
Net State Sales Tax Increment during the 16th through 20th years from
the date of issuance of the bonds shall not exceed in any State
Fiscal Year an amount equal to 2 times the sum of the Municipal Sales
Tax Increment, the real property tax increment and deposits of funds
from other sources, excluding State and federal funds.
(8) Any person who knowingly files or causes to be filed false
information for the purpose of increasing the amount of any State tax
incremental revenue commits a Class A misdemeanor.
(9) The following procedures shall be followed to determine
whether municipalities have complied with the Act for the purpose of
receiving distributions after July 1, 1989 pursuant to subsection (1)
of this Section 11-74.4-8a.
(a) The Department of Revenue shall conduct a preliminary
review of the redevelopment project areas and redevelopment plans
pertaining to those municipalities receiving payments from the
State pursuant to subsection (1) of Section 8a of this Act for
the purpose of determining compliance with the following
3906 JOURNAL OF THE [May 11, 1999]
standards:
(1) For any municipality with a population of more
than 12,000 as determined by the 1980 U.S. Census: (a) the
redevelopment project area, or in the case of a municipality
which has more than one redevelopment project area, each
such area, must be contiguous and the total of all such
areas shall not comprise more than 25% of the area within
the municipal boundaries nor more than 20% of the equalized
assessed value of the municipality; (b) the aggregate amount
of 1985 taxes in the redevelopment project area, or in the
case of a municipality which has more than one redevelopment
project area, the total of all such areas, shall be not more
than 25% of the total base year taxes paid by retailers and
servicemen on transactions at places of business located
within the municipality under the Retailers' Occupation Tax
Act, the Use Tax Act, the Service Use Tax Act, and the
Service Occupation Tax Act. Redevelopment project areas
created prior to 1986 are not subject to the above standards
if their boundaries were not amended in 1986.
(2) For any municipality with a population of 12,000
or less as determined by the 1980 U.S. Census: (a) the
redevelopment project area, or in the case of a municipality
which has more than one redevelopment project area, each
such area, must be contiguous and the total of all such
areas shall not comprise more than 35% of the area within
the municipal boundaries nor more than 30% of the equalized
assessed value of the municipality; (b) the aggregate amount
of 1985 taxes in the redevelopment project area, or in the
case of a municipality which has more than one redevelopment
project area, the total of all such areas, shall not be more
than 35% of the total base year taxes paid by retailers and
servicemen on transactions at places of business located
within the municipality under the Retailers' Occupation Tax
Act, the Use Tax Act, the Service Use Tax Act, and the
Service Occupation Tax Act. Redevelopment project areas
created prior to 1986 are not subject to the above standards
if their boundaries were not amended in 1986.
(3) Such preliminary review of the redevelopment
project areas applying the above standards shall be
completed by November 1, 1988, and on or before November 1,
1988, the Department shall notify each municipality by
certified mail, return receipt requested that either (1) the
Department requires additional time in which to complete its
preliminary review; or (2) the Department is issuing either
(a) a Certificate of Eligibility or (b) a Notice of Review.
If the Department notifies a municipality that it requires
additional time to complete its preliminary investigation,
it shall complete its preliminary investigation no later
than February 1, 1989, and by February 1, 1989 shall issue
to each municipality either (a) a Certificate of Eligibility
or (b) a Notice of Review. A redevelopment project area for
which a Certificate of Eligibility has been issued shall be
deemed a "State Sales Tax Boundary."
(4) The Department of Revenue shall also issue a
Notice of Review if the Department has received a request by
November 1, 1988 to conduct such a review from taxpayers in
the municipality, local taxing districts located in the
municipality or the State of Illinois, or if the
redevelopment project area has more than 5 retailers and has
had growth in State sales tax revenue of more than 15% from
calendar year 1985 to 1986.
HOUSE OF REPRESENTATIVES 3907
(b) For those municipalities receiving a Notice of Review,
the Department will conduct a secondary review consisting of: (i)
application of the above standards contained in subsection
(9)(a)(1)(a) and (b) or (9)(a)(2)(a) and (b), and (ii) the
definitions of blighted and conservation area provided for in
Section 11-74.4-3. Such secondary review shall be completed by
July 1, 1989.
Upon completion of the secondary review, the Department will
issue (a) a Certificate of Eligibility or (b) a Preliminary
Notice of Deficiency. Any municipality receiving a Preliminary
Notice of Deficiency may amend its redevelopment project area to
meet the standards and definitions set forth in this paragraph
(b). This amended redevelopment project area shall become the
"State Sales Tax Boundary" for purposes of determining the State
Sales Tax Increment.
(c) If the municipality advises the Department of its
intent to comply with the requirements of paragraph (b) of this
subsection outlined in the Preliminary Notice of Deficiency,
within 120 days of receiving such notice from the Department, the
municipality shall submit documentation to the Department of the
actions it has taken to cure any deficiencies. Thereafter,
within 30 days of the receipt of the documentation, the
Department shall either issue a Certificate of Eligibility or a
Final Notice of Deficiency. If the municipality fails to advise
the Department of its intent to comply or fails to submit
adequate documentation of such cure of deficiencies the
Department shall issue a Final Notice of Deficiency that provides
that the municipality is ineligible for payment of the Net State
Sales Tax Increment.
(d) If the Department issues a final determination of
ineligibility, the municipality shall have 30 days from the
receipt of determination to protest and request a hearing. Such
hearing shall be conducted in accordance with Sections 10-25,
10-35, 10-40, and 10-50 of the Illinois Administrative Procedure
Act. The decision following the hearing shall be subject to
review under the Administrative Review Law.
(e) Any Certificate of Eligibility issued pursuant to this
subsection 9 shall be binding only on the State for the purposes
of establishing municipal eligibility to receive revenue pursuant
to subsection (1) of this Section 11-74.4-8a.
(f) It is the intent of this subsection that the periods of
time to cure deficiencies shall be in addition to all other
periods of time permitted by this Section, regardless of the date
by which plans were originally required to be adopted. To cure
said deficiencies, however, the municipality shall be required to
follow the procedures and requirements pertaining to amendments,
as provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
(10) If a municipality adopts a State Sales Tax Boundary in
accordance with the provisions of subsection (9) of this Section,
such boundaries shall subsequently be utilized to determine Revised
Initial Sales Tax Amounts and the Net State Sales Tax Increment;
provided, however, that such revised State Sales Tax Boundary shall
not have any effect upon the boundary of the redevelopment project
area established for the purposes of determining the ad valorem taxes
on real property pursuant to Sections 11-74.4-7 and 11-74.4-8 of this
Act nor upon the municipality's authority to implement the
redevelopment plan for that redevelopment project area. For any
redevelopment project area with a smaller State Sales Tax Boundary
within its area, the municipality may annually elect to deposit the
Municipal Sales Tax Increment for the redevelopment project area in
the special tax allocation fund and shall certify the amount to the
3908 JOURNAL OF THE [May 11, 1999]
Department prior to receipt of the Net State Sales Tax Increment.
Any municipality required by subsection (9) to establish a State
Sales Tax Boundary for one or more of its redevelopment project areas
shall submit all necessary information required by the Department
concerning such boundary and the retailers therein, by October 1,
1989, after complying with the procedures for amendment set forth in
Sections 11-74.4-5 and 11-74.4-6 of this Act. Net State Sales Tax
Increment produced within the State Sales Tax Boundary shall be spent
only within that area. However expenditures of all municipal property
tax increment and municipal sales tax increment in a redevelopment
project area are not required to be spent within the smaller State
Sales Tax Boundary within such redevelopment project area.
(11) The Department of Revenue shall have the authority to issue
rules and regulations for purposes of this Section. and regulations
for purposes of this Section.
(12) If, under Section 5.4.1 of the Illinois Enterprise Zone
Act, a municipality determines that property that lies within a State
Sales Tax Boundary has an improvement, rehabilitation, or renovation
that is entitled to a property tax abatement, then that property
along with any improvements, rehabilitation, or renovations shall be
immediately removed from any State Sales Tax Boundary. The
municipality that made the determination shall notify the Department
of Revenue within 30 days after the determination. Once a property
is removed from the State Sales Tax Boundary because of the existence
of a property tax abatement resulting from an enterprise zone, then
that property shall not be permitted to be amended into a State Sales
Tax Boundary.
(Source: P.A. 90-258, eff. 7-30-97.)
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.
Section 99. Effective date. This Act takes effect on the first
day of the third month after becoming law.".
AMENDMENT NO. 2 TO SENATE BILL 1032
AMENDMENT NO. 2. Amend Senate Bill 1032, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
11, line 22, by replacing "Section" with "Sections 8-8-3.5 and"; and
on page 11, below line 22, by inserting the following:
"(65 ILCS 5/8-8-3.5 new)
Sec. 8-8-3.5. Tax Increment Financing Report. The reports filed
under subsection (d) of Section 11-74.4-5 of the Tax Increment
Allocation Redevelopment Act in the Illinois Municipal Code must be
separate from any other annual report filed with the Comptroller.
The Comptroller must, in cooperation with reporting municipalities,
create a format for the reporting of information described in
paragraphs 1.5 and 5 and in subparagraph (G) of paragraph 7 of
subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation
Redevelopment Act that facilitates consistent reporting among the
reporting municipalities. The Comptroller may allow these reports to
be filed electronically and may display the report, or portions of
the report, electronically via the Internet. All reports filed under
this Section must be made available for examination and copying by
the public at all reasonable times."; and
on page 71, line 17, after "Comptroller", by inserting "under Section
8-8-3.5 of the Illinois Municipal Code".
HOUSE OF REPRESENTATIVES 3909
Committee Amendment No. 3 was tabled in the Committee on Urban
Revitilization.
Representative Capparelli offered the following amendment and
moved its adoption:
AMENDMENT NO. 4 TO SENATE BILL 1032
AMENDMENT NO. 4. Amend Senate Bill 1032, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
33, line 28, after the comma, by inserting "or if the ordinance was
adopted in December 1984 by the Village of Rosemont,"; and
on page 85, line 24, after the comma, by inserting "or if the
ordinance was adopted in December 1984 by the Village of Rosemont,".
The motion prevailed and the amendment was adopted and ordered
printed.
Representative Leitch offered and withdrew Amendment No 5.
Representative Leitch offered the following amendment and moved
its adoption:
AMENDMENT NO. 6 TO SENATE BILL 1032
AMENDMENT NO. 6. Amend Senate Bill 1032, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
16, line 15, before the colon, by inserting "to which it pertains";
and
on page 17, line 34, before the colon, by inserting "to which it
pertains".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2, 4 and 6 were adopted and the bill, as amended, was
advanced to the order of Third Reading.
SENATE BILL 1148. Having been printed, was taken up and read by
title a second time.
Representative Morrow offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1148
AMENDMENT NO. 1. Amend Senate Bill 1148 as follows:
on page 1, line 5, by replacing "Section 46.5b" with "Sections 46.5b
and 46.70"; and
on page 1, below line 13, by inserting the following:
"(20 ILCS 605/46.70 new)
Sec. 46.70. Illinois Africa Trade Program.
(a) Utilizing funds appropriated for the purposes specified in
this Section, the Department shall establish an Illinois Africa Trade
Program for the purpose of assisting small and medium-sized Illinois
businesses and manufacturers in exporting their products to African
nations and assisting companies from African nations interested in
exporting products to or investing in Illinois. In conjunction with
administering an Illinois Africa Trade Program, the Department shall
3910 JOURNAL OF THE [May 11, 1999]
pursue incentive programs that encourage African governments to
locate trade or commercial offices in Illinois.
(b) The Department shall coordinate with appropriate
organizations and educational institutions, and may contract with
individuals or entities considered qualified by the Department,
relative to the development of a comprehensive plan to expand trade
between Illinois and Africa. The coordination may encompass market
development, market promotion and research, and educational and
information services relative to the expansion of trade between
Illinois and the African nations.
(c) The Department may develop and administer other programs it
considers advisable and appropriate for the purpose of collecting and
disseminating to prospective manufacturers and businesses information
regarding export to and from and foreign investment by and in African
nations.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 384. Having been recalled on March 6, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Shirley Jones offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO SENATE BILL 384
AMENDMENT NO. 1. Amend Senate Bill 384 by inserting after the
end of Section 5 the following:
"Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 385. Having been recalled on March 6, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Shirley Jones offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO SENATE BILL 385
AMENDMENT NO. 1. Amend Senate Bill 385 by inserting after the
end of Section 5 the following:
"Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
HOUSE OF REPRESENTATIVES 3911
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 272. Having been printed, was taken up and read by
title a second time.
Representative Wait offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO SENATE BILL 272
AMENDMENT NO. 1. Amend Senate Bill 272 on page 1 by replacing
lines 8 through 27 with the following:
"Sec. 2JJ. Sales of telecommunications services by means of
prepaid calling cards.
(a) No prepaid calling card may be sold at retail unless such
card states the date of expiration of the prepaid telecommunication
services or states an expiration policy. The expiration date or
expiration policy must be clearly and distinctly displayed in type no
smaller than the largest type used on the card and in a reverse color
contrast to the color used for the type on the card.
(b) "Prepaid calling card" means any object containing an access
number and authorization code that enables a consumer to use prepaid
calling card services. "Prepaid calling card" does not include any
object of that type (i) used for promotional purposes or (ii) used to
acquire services or products other than prepaid services. This
Section does not apply to prepaid calling cards sold for use
exclusively by means of cellular telephones or to cards provided on a
promotional basis without charge to consumers.
(c) "Prepaid calling card services" is defined as the prepaid
purchase of telecommunications services that enable the origination
of calls through an access number and authorization code whether
manually or electronically dialed. "Prepaid calling card services"
does not include services for which a prepayment is made for credit
reasons.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 658. 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 658
AMENDMENT NO. 1. Amend Senate Bill 658 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Orthotics, Prosthetics, and Pedorthics Practice Act.
Section 5. Declaration of public policy. The practice of
orthotics and prosthetics in the State of Illinois is an allied
health profession recognized by the American Medical Association,
with educational standards established by the Commission on
Accreditation of Allied Health Education Programs. The practice of
3912 JOURNAL OF THE [May 11, 1999]
pedorthics in the State of Illinois is an allied health profession
recognized by the American Academy of Orthopaedic Surgeons, with
educational standards established by the Board for Certification in
Pedorthics. The increasing population of elderly and physically
challenged individuals who need orthotic, prosthetic, and pedorthic
services requires that the orthotic, prosthetic, and pedorthic
professions be regulated to ensure the provision of high-quality
services and devices. The people of Illinois deserve the best care
available, and will benefit from the assurance of initial and ongoing
professional competence of the orthotists, prosthetists, and
pedorthists practicing in this State. The practice of orthotics,
prosthetics, and pedorthics serves to improve and enhance the lives
of individuals with disabilities by enabling them to resume
productive lives following serious illness, injury, or trauma.
Unregulated dispensing of orthotic, prosthetic, and pedorthic care
does not adequately meet the needs or serve the interests of the
public. In keeping with State requirements imposed on similar health
disciplines, licensure of the orthotic, prosthetic, and pedorthic
professions will help ensure the health and safety of consumers, as
well as maximize their functional abilities and productivity levels.
This Act shall be liberally construed to best carry out these
subjects and purposes.
Section 10. Definitions. As used in this Act:
"Assistant" means a person who assists an orthotist, prosthetist,
or prosthetist/orthotist with patient care services and fabrication
of orthoses or prostheses under the supervision of a licensed
orthotist or prosthetist.
"Board" means the Board of Orthotics, Prosthetics, and
Pedorthics.
"Custom" means that an orthosis, prosthesis, or pedorthic device
is designed, fabricated, and aligned specifically for one person in
accordance with sound biomechanical principles.
"Custom fitted" means that a prefabricated orthosis, prosthesis,
or pedorthic device is modified and aligned specifically for one
person in accordance with sound biomechanical principles.
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Facility" means the business location where orthotic,
prosthetic, or pedorthic care is provided and, in the case of an
orthotic/prosthetic facility, has the appropriate clinical and
laboratory space and equipment to provide comprehensive orthotic or
prosthetic care and, in the case of a pedorthic facility, has the
appropriate clinical space and equipment to provide pedorthic care.
Licensed orthotists, prosthetists, and pedorthists must be available
to either provide care or supervise the provision of care by
registered staff.
"Licensed orthotist" means a person licensed under this Act to
practice orthotics and who represents himself or herself to the
public by title or description of services that includes the term
"orthotic", "orthotist", "brace", or a similar title or description
of services.
"Licensed pedorthist" means a person licensed under this Act to
practice pedorthics and who represents himself or herself to the
public by the title or description of services that include the term
"pedorthic", "pedorthist", or a similar title or description of
services.
"Licensed physician" means a person licensed under the Medical
Practice Act of 1987.
"Licensed podiatrist" means a person licensed under the Podiatric
Medical Practice Act of 1987.
"Licensed prosthetist" means a person licensed under this Act to
HOUSE OF REPRESENTATIVES 3913
practice prosthetics and who represents himself or herself to the
public by title or description of services that includes the term
"prosthetic", "prosthetist", "artificial limb", or a similar title
or description of services.
"Orthosis" means a custom-fabricated or custom-fitted brace or
support designed to provide for alignment, correction, or prevention
of neuromuscular or musculoskeletal dysfunction, disease, injury, or
deformity. "Orthosis" does not include fabric or elastic supports,
corsets, arch supports, low-temperature plastic splints, trusses,
elastic hoses, canes, crutches, soft cervical collars, dental
appliances, or other similar devices carried in stock and sold as
"over-the-counter" items by a drug store, department store, corset
shop, or surgical supply facility.
"Orthotic and Prosthetic Education Program" means a course of
instruction accredited by the Commission on Accreditation of Allied
Health Education Programs, consisting of (i) a basic curriculum of
college level instruction in math, physics, biology, chemistry, and
psychology and (ii) a specific curriculum in orthotic or prosthetic
courses, including: (A) lectures covering pertinent anatomy,
biomechanics, pathomechanics, prosthetic-orthotic components and
materials, training and functional capabilities, prosthetic or
orthotic performance evaluation, prescription considerations,
etiology of amputations and disease processes necessitating
prosthetic or orthotic use, and medical management; (B) subject
matter related to pediatric and geriatric problems; (C) instruction
in acute care techniques, such as immediate and early post-surgical
prosthetics, fracture bracing, and halo cast techniques; and (D)
lectures, demonstrations, and laboratory experiences related to the
entire process of measuring, casting, fitting, fabricating, aligning,
and completing prostheses or orthoses.
"Orthotic and prosthetic scope of practice" means a list of
tasks, with relative weight given to such factors as importance,
criticality, and frequency, based on internationally accepted
standards of orthotic and prosthetic care as outlined by the
International Society of Prosthetics and Orthotics' professional
profile for Category I and Category III orthotic and prosthetic
personnel.
"Orthotics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or
servicing an orthosis under an order from a licensed physician or
podiatrist for the correction or alleviation of neuromuscular or
musculoskeletal dysfunction, disease, injury, or deformity.
"Orthotist" means a person who measures, designs, fabricates,
fits, or services orthoses and assists in the formulation of the
prescription of orthoses as prescribed by a licensed physician for
the support or correction of disabilities caused by
neuro-musculoskeletal diseases, injuries, or deformities.
"Over-the-counter" means a prefabricated, mass-produced device
that is prepackaged and requires no professional advice or judgement
in either size selection or use, including fabric or elastic
supports, corsets, generic arch supports, elastic hoses.
"Pedorthic device" means therapeutic footwear, foot orthoses for
use at the ankle or below, and modified footwear made for therapeutic
purposes. "Pedorthic device" does not include non-therapeutic
accommodative inlays or non-therapeutic accommodative footwear,
regardless of method of manufacture, shoe modifications made for
non-therapeutic purposes, unmodified, over-the-counter shoes, or
prefabricated foot care products.
"Pedorthic education program" means a course of instruction
accredited by the Board for Certification in Pedorthics consisting of
(i) a basic curriculum of instruction in foot-related pathology of
3914 JOURNAL OF THE [May 11, 1999]
diseases, anatomy, and biomechanics and (ii) a specific curriculum in
pedorthic courses, including lectures covering shoes, foot orthoses,
and shoe modifications, pedorthic components and materials, training
and functional capabilities, pedorthic performance evaluation,
prescription considerations, etiology of disease processes
necessitating use of pedorthic devices, medical management, subject
matter related to pediatric and geriatric problems, and lectures,
demonstrations, and laboratory experiences related to the entire
process of measuring and casting, fitting, fabricating, aligning, and
completing pedorthic devices.
"Pedorthic scope of practice" means a list of tasks with relative
weight given to such factors as importance, criticality, and
frequency based on nationally accepted standards of pedorthic care as
outlined by the Board for Certification in Pedorthics' comprehensive
analysis with an empirical validation study of the profession
performed by an independent testing company.
"Pedorthics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or
servicing a pedorthic device under an order from a licensed
physician, chiropractor or podiatrist for the correction or
alleviation of neuromuscular or musculoskeletal dysfunction, disease,
injury, or deformity.
"Pedorthist" means a person who measures, designs, fabricates,
fits, or services pedorthic devices and assists in the formulation of
the prescription of pedorthic devices as prescribed by a licensed
physician for the support or correction of disabilities caused by
neuro-musculoskeletal diseases, injuries, or deformities.
"Person" means a natural person.
"Prosthesis" means an artificial medical device that is not
surgically implanted and that is used to replace a missing limb,
appendage, or any other external human body part including an
artificial limb, hand, or foot. "Prosthesis" does not include
artificial eyes, ears, fingers, or toes, dental appliances, cosmetic
devices such as artificial breasts, eyelashes, or wigs, or other
devices that do not have a significant impact on the musculoskeletal
functions of the body.
"Prosthetics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting, adjusting, or
servicing a prosthesis under an order from a licensed physician.
"Prosthetist" means a person who measures, designs, fabricates,
fits, or services prostheses and assists in the formulation of the
prescription of prostheses as prescribed by a licensed physician for
the replacement of external parts of the human body lost due to
amputation or congenital deformities or absences.
"Prosthetist/orthotist" means a person who practices both
disciplines of prosthetics and orthotics and who represents himself
or herself to the public by title or by description of services.
"Registered prosthetist/orthotist assistant" means a person
registered under this Act who assists a licensed orthotist or
prosthetist with patient care services and the fabrication of
orthoses or prostheses.
"Registered pedorthic technician" means a person registered under
this Act who assists a pedorthist with fabrication of pedorthic
devices.
"Registered prosthetic/orthotic technician" means a person
registered under this Act who assists an orthotist or prosthetist
with fabrication of orthoses or prostheses.
"Resident" means a person who has completed an education program
in either orthotics or prosthetics and is continuing his or her
clinical education in a residency accredited by the National
Commission on Orthotic and Prosthetic Education.
HOUSE OF REPRESENTATIVES 3915
"Technician" means a person who assists an orthotist,
prosthetist, prosthetist/orthotist, or pedorthist with fabrication of
orthoses, prostheses, or pedorthic devices but does not provide
direct patient care.
Section 15. Exceptions. This Act shall not be construed to
prohibit:
(1) a physician licensed in this State from engaging in the
practice for which he or she is licensed;
(2) a person licensed in this State under any other Act from
engaging in the practice for which he or she is licensed;
(3) the practice of orthotics, prosthetics, or pedorthics by a
person who is employed by the federal government or any bureau,
division, or agency of the federal government while in the discharge
of the employee's official duties;
(4) the practice of orthotics, prosthetics, or pedorthics by (i)
a student enrolled in a school of orthotics, prosthetics, or
pedorthics, (ii) a resident continuing his or her clinical education
in a residency accredited by the National Commission on Orthotic and
Prosthetic Education, or (iii) a student in a qualified work
experience program or internship in pedorthics;
(5) the practice of orthotics, prosthetics, or pedorthics by one
who is an orthotist, prosthetist, or pedorthist licensed under the
laws of another state or territory of the United States or another
country and has applied in writing to the Department, in a form and
substance satisfactory to the Department, for a license as orthotist,
prosthetist, or pedorthist and who is qualified to receive the
license under Section 40 until (i) the expiration of 6 months after
the filing of the written application, (ii) the withdrawal of the
application, or (iii) the denial of the application by the
Department;
(6) a person licensed by this State as a physical therapist or
occupational therapist from engaging in the practice of his or her
profession; or
(7) a physician licensed under the Podiatric Medical Practice
Act of 1997 from engaging in his or her profession.
Section 20. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensure Acts and shall exercise other powers and
duties necessary for effectuating the purposes of this Act.
(b) The Department may adopt rules to administer and enforce
this Act including, but not limited to, fees for original licensure
and renewal and restoration of licenses and may prescribe forms to be
issued to implement its rules. The Department shall exercise the
powers and duties prescribed by this Act. At a minimum, the rules
adopted by the Department shall include standards and criteria for
licensure and for professional conduct and discipline. The
Department shall consult with the Board in adopting rules. Notice of
proposed rulemaking shall be transmitted to the Board, and the
Department shall review the Board's response and any recommendations
made in writing with proper explanation of deviations from the
Board's recommendations and response.
(c) The Department at any time may seek the expert advice and
knowledge of the Board on any matter relating to the enforcement of
this Act.
(d) The Department shall issue a quarterly report to the Board
of the status of all complaints related to the profession and filed
with the Department.
(e) Department may adopt rules as necessary to establish
eligibility for facility registration and standards.
Section 25. Board of Orthotics, Prosthetics, and Pedorthics.
3916 JOURNAL OF THE [May 11, 1999]
(a) There is established a Board of Orthotics, Prosthetics, and
Pedorthics, which shall consist of 6 voting members to be appointed
by the Governor. Three members shall be practicing licensed
orthotists, licensed prosthetists, or licensed pedorthists. These
members may be licensed in more than one discipline and their
appointments must equally represent all 3 disciplines. One member
shall be a member of the public who is a consumer of orthotic,
prosthetic, or pedorthic professional services. One member shall be
a public member who is not licensed under this Act or a consumer of
services licensed under this Act. One member shall be a licensed
physician.
(b) Each member of the Board shall serve a term of 3 years,
except that of the initial appointments to the Board, 2 members shall
be appointed for one year, 2 members shall be appointed for 2 years,
and 2 members shall be appointed for 3 years. Each member shall hold
office and execute his or her Board responsibilities until the
qualification and appointment of his or her successor. No member of
the Board shall serve more than 8 consecutive years or 2 full terms,
whichever is greater.
(c) Members of the Board shall receive as compensation a
reasonable sum as determined by the Director for each day actually
engaged in the duties of the office and shall be reimbursed for
reasonable expenses incurred in performing the duties of the office.
(d) A quorum of the Board shall consist of a majority of Board
members currently appointed.
(e) The Governor may terminate the appointment of any member for
cause which, in the opinion of the Governor reasonably justifies
termination, which may include, but is not limited to, a Board member
who does not attend 2 consecutive meetings.
(f) Membership of the Board should reasonably reflect
representation from the geographic areas in this State.
Section 30. Board; immunity; chairperson.
(a) Members of the Board shall be immune from suit in any action
based upon any disciplinary proceeding or other activities performed
in good faith as members of the Board.
(b) The Board shall annually elect a chairperson and vice
chairperson who shall be licensed under this Act.
Section 35. Application for original or temporary license. An
application for an original or temporary license shall be made to the
Department in writing on a form prescribed by the Department and
shall be accompanied by the required fee, which shall not be
refundable. An application shall require information that in the
judgement of the Department will enable the Department to pass on the
qualifications of the applicant for a license.
Section 40. Qualifications for licensure as orthotist,
prosthetist, or pedorthist.
(a) To qualify for a license to practice orthotics or
prosthetics, a person shall:
(1) possess a baccalaureate degree from a college or
university;
(2) have completed the amount of formal training,
including, but not limited to, any hours of classroom education
and clinical practice established and approved by the Department;
(3) complete a clinical residency in the professional area
for which a license is sought in accordance with standards,
guidelines, or procedures for residencies inside or outside this
State established and approved by the Department. The majority of
training must be devoted to services performed under the
supervision of a licensed practitioner of orthotics or
prosthetics or a person certified as a Certified Orthotist (CO),
Certified Prosthetist (CP), or Certified Prosthetist Orthotist
HOUSE OF REPRESENTATIVES 3917
(CPO) whose certification was obtained before the effective date
of this Act;
(4) pass all written, practical, and oral examinations that
are required and approved by the Department; and
(5) be qualified to practice in accordance with
internationally accepted standards of orthotic and prosthetic
care.
(b) To qualify for a license to practice pedorthics, a person
shall:
(1) possess a high school diploma or its equivalent;
(2) have completed the amount of formal training,
including, but not limited to, any hours of classroom education
and clinical practice established and approved by the Department;
(3) complete a qualified work experience program or
internship in pedorthics in accordance with any standards,
guidelines, or procedures established and approved by the
Department;
(4) pass all examinations that are required and approved by
the Department; and
(5) be qualified to practice in accordance with nationally
accepted standards of pedorthic care.
(c) The standards and requirements for licensure established by
the Department shall be substantially equal to or in excess of
standards commonly accepted in the profession of orthotics,
prosthetics, or pedorthics. The Department shall adopt rules as
necessary to set the standards and requirements.
(d) A person may be licensed in more than one discipline.
Section 45. Examination requirement.
(a) The Department may authorize examinations of applicants as
orthotists, prosthetists, or pedorthists at times and places as it
may determine. The examination of applicants shall be of a character
to fairly test the qualifications of the applicant to practice
orthotics, prosthetics, or pedorthics.
(b) Applicants for examination as orthotists, prosthetists, and
pedorthists shall be required to pay, either to the Department or the
designated testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the scheduled
date at the time and place specified after the applicant's
application for examination has been received and acknowledged by the
Department or the designated testing service shall result in the
forfeiture of the examination fee.
(c) If an applicant neglects, fails, or refuses to take an
examination or fails to pass an examination for a license under this
Act within 3 years after filing his or her application, the
application shall be denied. All fees are nonrefundable. The
applicant may make a new application for examination accompanied by
the required fee and must furnish proof of meeting qualifications for
licensure in effect at the time of new application.
(d) The Department shall set by rule the maximum number of
attempts that an applicant may make to pass the examination within a
specified period of time. The Department shall also determine any
further training required before a reexamination.
(e) The Department may employ consultants for the purpose of
preparing and conducting examinations. An applicant for an
examination as an orthotist, a prosthetist, or pedorthist shall be
required to pay, either to the Department or to the designated
testing service, a fee covering the cost of providing the
examination.
Section 50. Assistants; technicians.
(a) No person shall work as an assistant to an orthotist,
prosthetist, or prosthetist/orthotist and provide patient care
3918 JOURNAL OF THE [May 11, 1999]
services or fabrication of orthoses or prostheses, unless he or she
is doing the work under the supervision of a licensed orthotist or
prosthetist.
(b) No person shall work as a technician, as defined in this
Act, unless the work is performed under the supervision of a person
licensed under this Act.
Section 55. Transition period.
(a) Until January 1, 2002, a person certified as a Certified
Orthotist (CO), Certified Prosthetist (CP), or Certified Prosthetist
Orthotist (CPO) by the American Board for Certification in
Prosthetics and Orthotics, Incorporated, or holding similar
certifications from other accrediting bodies with equivalent
educational requirements and examination standards may apply for and
shall be granted orthotic or prosthetic licensure under this Act upon
payment of the required fee. After that date, any applicant for
licensure as an orthotist or a prosthetist shall meet the
requirements of subsection (a) of Section 40 of this Act.
(b) Until January 1, 2002, a person certified as a Certified
Pedorthist (CPed) by the Board for Certification in Pedorthics,
Incorporated, or a person certified as a Certified Orthotist (CO) or
Certified Prosthetist Orthotist (CPO) by the American Board for
Certification in Prosthetics and Orthotics, Incorporated, or holding
similar certifications from other accrediting bodies with equivalent
educational requirements and examination standards may apply for and
shall be granted pedorthic licensure under this Act upon payment of
the required fee. After that date, any applicant for licensure as a
pedorthist shall meet the requirements of subsection (b) of Section
40 of this Act.
(c) On and after January 1, 2002, no person shall practice
orthotics, prosthetics, or pedorthics in this State or hold himself
or herself out as being able to practice either profession, unless he
or she is licensed in accordance with Section 40 of this Act.
(d) Notwithstanding any other provision of this Section, a
person who has practiced full-time for the past 7 years in a
prosthetic/orthotic facility as an orthotist, prosthetist,
prosthetist/orthotist, assistant, or technician or in a pedorthic
facility as a pedorthist or pedorthic technician on the effective
date of this Act may file an application with the Board within 60
days after the effective date of this Act in order to continue to
practice orthotics, prosthetics, or pedorthics at his or her
identified level of practice. The applicant shall be issued a
license or certificate of registration to practice orthotics,
prosthetics, or pedorthics under the provisions of this Act without
examination upon receipt by the Department of payment of the
licensing or registration fee required under Section 70 of this Act
and after the Board has completed an investigation of the applicant's
work history. The Board shall complete its investigation for the
purposes of this Section within 6 months of the date of the
application. The investigation may include, but is not limited to,
completion by the applicant of a questionnaire regarding the
applicant's work history and scope of practice.
Section 56. Enforcement. The licensure requirements of Sections
40, 50, and 55 shall not be enforced until 12 months after the
adoption of final administrative rules for this Act.
Section 57. Limitation on provision of care and services. A
licensed orthotist or pedorthist may provide care or services only if
the care or services are provided pursuant to an order from a
licensed physician or podiatrist. A licensed prosthetist may provide
care or services only if the care or services are provided pursuant
to an order from a licensed physician.
Section 60. Renewal; restoration; military service.
HOUSE OF REPRESENTATIVES 3919
(a) The expiration date and renewal period for each license
issued under this Act shall be set by rule of the Department. The
Board shall establish continuing education requirements for the
renewal of a license. These requirements shall be based on
established standards of competence.
(b) A person who has permitted his or her license to expire or
who has had his or her license on inactive status may have his or her
license restored by (i) making application to the Department, (ii)
filing proof acceptable to the Department of his or her fitness to
have his or her license restored including, but not limited to, sworn
evidence certifying to active practice in another jurisdiction
satisfactory to the Department, and (iii) paying the required
restoration fee. If the person has not maintained an active practice
in another jurisdiction satisfactory to the Department, the Board
shall determine, by an evaluation program established by rule, his or
her fitness to resume active status and may require the person to
complete a period of evaluated clinical experience and may require
successful completion of an examination.
(c) A person whose license expired while he or she was (i) in
federal service on active duty within the armed forces of the United
States or with the State militia called into service or training or
(ii) in training or education under the supervision of the United
States preliminary to induction into military service may have his or
her license renewed or restored without paying a lapsed renewal fee
if, within 2 years after termination from the service, training, or
education except under conditions other than honorable, he or she
furnished the Department with satisfactory evidence that he or she
has been so engaged and that his or her service, training, or
education has been terminated.
Section 65. Elective inactive status. A person who notifies the
Department in writing on forms prescribed by the Department may elect
to place his or her license on an inactive status and shall, subject
to rules of the Department, be excused from payment of renewal fees
until he or she notifies the Department in writing of his or her
desire to resume active status.
A person requesting restoration from inactive status shall be
required to pay the current renewal fee and shall be required to
restore his or her license as provided in Section 60 of this Act.
An orthotist, prosthetist, or pedorthist whose license is on
inactive status shall not practice orthotics, prosthetics, or
pedorthics in this State.
Section 70. Endorsement. The Department may, at its discretion,
license as either an orthotist, prosthetist, or pedorthist, without
examination and on payment of the required fee, an applicant who is
an orthotist, prosthetist, or pedorthist who is (i) licensed under
the laws of another state, territory, or country, if the requirements
for licensure in that state, territory, or country in which the
applicant was licensed were, at the date of his or her licensure,
substantially equal to the requirements in force in this State on
that date or (ii) certified by a national certification organization
with educational and testing standards equal to or more stringent
than the licensing requirements of this State.
Section 75. Fees.
(a) The Department shall provide by rule for a schedule of fees
to be paid for licenses by all applicants. All fees are not
refundable.
(b) The fees for the administration and enforcement of this Act
including, but not limited to, original licensure, renewal, and
restoration shall be set by rule by the Department.
(c) All fees and fines collected under this Act shall be
deposited into the General Professions Dedicated Fund.
3920 JOURNAL OF THE [May 11, 1999]
Section 80. Roster of licensees and registrants. The Department
shall maintain a current roster of the names and addresses of all
licensees, registrants, and all persons whose licenses have been
suspended or revoked within the previous year. This roster shall be
available upon written request and payment of the required fee.
Section 85. Practice by corporations. Nothing in this Act shall
restrict licensees from forming professional service corporations
under the provisions of the Professional Service Corporation Act.
Section 90. Grounds for discipline.
(a) The Department may refuse to issue or renew a license, may
revoke or suspend a license, or may suspend, place on probation,
censure, or reprimand a licensee for one or any combination of the
following:
(1) Making a material misstatement in furnishing
information to the Department or the Board.
(2) Violations of or negligent or intentional disregard of
this Act or its rules.
(3) Conviction of any crime that under the laws of the
United States or of a state or territory of the United States is
a felony or a misdemeanor, an essential element of which is
dishonesty, or of a crime that is directly related to the
practice of the profession.
(4) Making a misrepresentation for the purpose of obtaining
a license.
(5) Professional incompetence.
(6) Malpractice.
(7) Aiding or assisting another person in violating a
provision of this Act or its rules.
(8) Failing to provide information within 60 days in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or unprofessional
conduct or conduct of a character likely to deceive, defraud, or
harm the public.
(10) Habitual intoxication or addiction to the use of
drugs.
(11) Discipline by another state or territory of the United
States, the federal government, or foreign nation, if at least
one of the grounds for the discipline is the same or
substantially equivalent to one set forth in this Section.
(12) Directly or indirectly giving to or receiving from a
person, firm, corporation, partnership, or association a fee,
commission, rebate, or other form of compensation for
professional services not actually or personally rendered.
(13) A finding by the Board that the licensee or
registrant, after having his or her license placed on
probationary status, has violated the terms of probation.
(14) Abandonment of a patient or client.
(15) Wilfully making or filing false records or reports in
his or her practice including, but not limited to, false records
filed with State agencies or departments.
(16) Wilfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and Neglected
Child Reporting Act.
(17) Physical illness including, but not limited to,
deterioration through the aging process or loss of motor skill
that results in the inability to practice the profession with
reasonable judgement, skill, or safety.
(18) Solicitation of professional services using false or
misleading advertising.
(b) The determination by a circuit court that a licensee or
registrant is subject to involuntary admission or judicial admission,
HOUSE OF REPRESENTATIVES 3921
as provided in the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension. The suspension will end only
upon (i) a finding by a court that the patient is no longer subject
to involuntary admission or judicial admission and the issuance of a
court order so finding and discharging the patient and (ii) the
recommendation of the Board to the Director that the licensee or
registrant be allowed to resume his or her practice.
(c) In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual licensed to
practice under this Act, or who has applied for licensure under this
Act, to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The Department or
Board may order the examining physician to present testimony
concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common
law or statutory privilege relating to communications between the
licensee or applicant and the examining physician. The examining
physicians shall be specifically designated by the Board or
Department. The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during all
aspects of this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches. Failure
of an individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license until
the individual submits to the examination if the Department finds,
after notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Department or Board finds an individual unable to practice
because of the reasons set forth in this Section, the Department or
Board may require that individual to submit to care, counseling, or
treatment by physicians approved or designated by the Department or
Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice; or, in lieu of care,
counseling, or treatment, the Department may file, or the Board may
recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the
individual. An individual whose license was granted, continued,
reinstated, renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the Director for a
determination as to whether the individual shall have his or her
license suspended immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The Department
and Board shall have the authority to review the subject individual's
record of treatment and counseling regarding the impairment to the
extent permitted by applicable federal statutes and regulations
safeguarding the confidentiality of medical records.
An individual licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions of his
or her license.
Section 95. Injunction; cease and desist order.
(a) If any person violates a provision of this Act, the Director
may, in the name of the People of the State of Illinois and through
the Attorney General of the State of Illinois, petition for an order
enjoining the violation or for an order enforcing compliance with
this Act. Upon the filing of a verified petition in court, the court
3922 JOURNAL OF THE [May 11, 1999]
may issue a temporary restraining order, without notice or bond, and
may preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of court.
Proceedings under this Section shall be in addition to, and not in
lieu of, all other remedies and penalties provided by this Act.
(b) If a person practices as an orthotist, prosthetist, or
pedorthist or holds himself or herself out as an orthotist,
prosthetist, or pedorthist without being licensed or registered under
the provisions of this Act, then any other licensed or registered
orthotist, prosthetist, or pedorthist, any interested party, or any
person injured by the person may, in addition to the Director,
petition for relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department a person violates
a provision of this Act, the Department may issue a rule to show
cause why an order to cease and desist should not be entered against
him or her. 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.
Section 100. Investigations; notice and hearing. The Department
may investigate the actions of an applicant or of a person or persons
holding or claiming to hold a license. Before refusing to issue or
renew a license, the Department shall, at least 10 days prior to the
date set for the hearing, notify in writing the applicant for or
holder of a license of the nature of the charges and that a hearing
will be held on the date designated. The written notice may be
served by personal delivery or by certified or registered mail to the
respondent at the address disclosed on his or her last notification
to the Department. At the time and place fixed in the notice, the
Board shall proceed to hear the charges. The parties or their
counsel shall be afforded ample opportunity to present statements,
testimony, evidence, and argument that may be pertinent to the
charges or to the defense to the charges. The Board may continue the
hearing from time to time.
Section 105. Transcript. The Department, at its own expense,
shall preserve a record of all proceedings at the formal hearing of a
case involving the refusal to issue or renew a license. 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 Board, and orders of the
Department shall be in the record of the proceeding.
Section 110. Compelling testimony. A circuit court may, upon
application of the Director or his or her designee or the applicant
or licensee against whom proceedings under Section 100 of this Act
are pending, enter an order requiring the attendance of witnesses and
their testimony and requiring the production of documents, papers,
files, books, and records in connection with a hearing or
investigation. The court may compel obedience to its order through
contempt proceedings.
Section 115. Board findings and recommendations. At the
conclusion of a hearing, the Board shall present to the Director a
written report of its findings and recommendations. The report shall
contain a finding of whether or not the accused person violated this
Act or failed to comply with the conditions required in this Act.
The Board shall specify the nature of the violation or failure to
comply and shall make its recommendations to the Director. The
report of findings and recommendations of the Board shall be the
basis for the Department's order for the refusal or for the granting
of a license, unless the Director determines that the Board report is
HOUSE OF REPRESENTATIVES 3923
contrary to the manifest weight of the evidence, in which case the
Director may issue an order in contravention to the Board report. A
Board finding is not admissible in evidence against the person in a
criminal prosecution brought for a violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution brought
for a violation of this Act.
Section 120. Motion for rehearing. In any case involving the
refusal to issue or renew a license or the discipline of a licensee,
a copy of the Board's report shall be served upon the respondent by
the Department, either personally or as provided in this Act for the
service of the notice of hearing. Within 20 days after service, the
respondent may present to the Department a motion in writing for a
rehearing, which shall specify the particular grounds for rehearing.
If no motion for rehearing is filed, then upon the expiration of the
time specified for filing the motion, or if a motion for rehearing is
denied, upon the denial, the Director may enter an order in
accordance with recommendations of the Board, except as provided in
Section 115 of this Act. If the respondent orders from the reporting
service and pays for a transcript of the record within the time for
filing a motion for rehearing, the 20-day period within which the
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
Section 125. Rehearing on order of Director. Whenever the
Director is not satisfied that substantial justice has been done in
the revocation, suspension, or refusal to issue or renew a license
the Director may order a rehearing by the same or other examiners.
Section 130. Appointment of hearing officer. The Director shall
have the authority to appoint an attorney licensed to practice law in
the State of Illinois to serve as a hearing officer in an action for
refusal to issue or renew a license or to discipline a licensee. The
hearing officer shall have full authority to conduct the hearing.
The hearing officer shall report his or her findings and
recommendations to the Board and the Director. The Board shall have
60 days from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions of law,
and recommendations to the Director. If the Board fails to present
its report within the 60-day period, the Director shall issue an
order based on the report of the hearing officer. If the Director
determines that the Board's report is contrary to the manifest weight
of the evidence, he or she may issue an order in contravention of the
Board's report.
Section 135. Order or certified copy. An order or a certified
copy of an order, over the seal of the Department and purporting to
be signed by the Director, shall be prima facie proof:
(1) that the signature is the genuine signature of the Director;
(2) that the Director is duly appointed and qualified; and
(3) that the Board and its members are qualified to act.
Section 140. Restoration of suspended or revoked license. At
any time after the suspension or revocation of any license, the
Department may restore the license to the accused person upon the
written recommendation of the Board unless, after an investigation
and a hearing, the Board determines that restoration is not in the
public interest.
Section 145. Surrender of license. Upon the revocation or
suspension of a license, the licensee shall immediately surrender the
license to the Department, and if the licensee fails to do so, the
Department shall have the right to seize the license.
Section 150. Temporary suspension of a license. The Director may
temporarily suspend the license of an orthotist, prosthetist, or
pedorthist without a hearing simultaneously with the institution of
proceedings for a hearing provided for in Section 95 of this Act if
3924 JOURNAL OF THE [May 11, 1999]
the Director finds that evidence in his or her possession indicates
that a licensee's continuation in practice would constitute an
imminent danger to the public. If the Director temporarily suspends
a license without a hearing, a hearing by the Board must be held
within 30 days after the suspension.
Section 155. Administrative Review Law; venue. All final
administrative decisions of the Department are subject to judicial
review pursuant to the provisions of the Administrative Review Law
and its rules. The term "administrative decision" has the same
meaning as in Section 3-101 of the Administrative Review Law.
Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides,
but if the party is not a resident of this State, the venue shall be
in Sangamon County.
Section 160. Certifications of record; costs. The Department
shall not be required to certify any record to the court or file any
answer in court or otherwise appear in any court in a judicial review
proceeding unless there is filed in the court with the complaint a
receipt from the Department acknowledging payment of the costs of
furnishing and certifying the record, which shall be computed at the
rate of 20 cents per page of the record. Failure on the part of a
plaintiff to file a receipt in court shall be grounds for dismissal
of the action.
Section 165. Penalties. A person who is found to have violated
a provision of this Act is guilty of a Class A misdemeanor for a
first offense and is guilty of a Class 4 felony for a second or
subsequent offense.
Section 170. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly adopted and
incorporated in this Act as if all of the provisions of that Act were
included in this Act, except that the provision of subsection (d) of
Section 10-65 of the Illinois Administrative Procedure Act, which
provides that at hearings the licensee has the right to show
compliance with all lawful requirements for retention, continuation,
or renewal of the license, is specifically excluded and for purposes
of this Act. The notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed to the
last known address of a party.
Section 175. Home rule preemption. It is declared to be the
public policy of this State, pursuant to paragraph (h) of Section 6
of Article VII of the Illinois Constitution of 1970, that a power or
function set forth in this Act to be exercised by the State is an
exclusive State power or function. No power or function granted
under this Act shall be exercised concurrently, either directly or
indirectly, by a unit of local government, including home rule units,
except as otherwise provided in this Act.
Section 250. The Regulatory Sunset Act is amended by adding
Section 4.20 as follows:
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The following Act is
repealed on January 1, 2010:
The Illinois Orthotics, Prosthetics, and Pedorthics Practice Act.
Section 999. Effective date. This Act takes effect January 1,
2000.".
Representative Parke offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 658
HOUSE OF REPRESENTATIVES 3925
AMENDMENT NO. 2. Amend Senate Bill 658, on page 8, line 21, by
replacing "profession; or" with "profession;"; and
on page 8, line 23, by replacing "profession." with "profession; or
"; and
on page 8, immediately below line 23, by inserting the following:
"(8) a person competent to practice any of the elements of the
defined practice from engaging in that practice if employed by a
licensed individual or health care facility. For the purpose of this
paragraph, "health care facility" means a hospital, nursing home,
physician's office, or other fixed location at which health care
services are performed.".
The motion prevailed and the amendment was adopted and ordered
printed.
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 725. Having been recalled on March 7, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Fowler offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 725
AMENDMENT NO. 2. Amend Senate Bill 725 on page 1, line 22, by
replacing "Cooperative." with "Cooperative from the Illinois
Aquaculture Development Fund, a special fund created in the State
Treasury. On July 1, 1999 and on each July 1 thereafter through July
1, 2008, the Comptroller shall order transferred and the Treasurer
shall transfer $1,000,000 from the General Revenue Fund into the
Illinois Aquaculture Development Fund."; and
on page 2, by replacing lines 21 through 24 with "report shall detail
whether the Cooperative funding should be"; and
on page 2, line 30, by replacing "Sections 5.490 and 6z-47" with
"Section 5.490"; and
by deleting pages 3 through 62; and
on page 63, by deleting lines 1 through 32.
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was again held on the order of
Second Reading.
RESOLUTIONS
Having been reported out of the Committee on Urban Revitilization
on March 10, 1999, HOUSE JOINT RESOLUTION 10 was taken up for
consideration.
Representative Slone offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE JOINT RESOLUTION 10
AMENDMENT NO. 1. Amend House Joint Resolution 10 on page 1, by
3926 JOURNAL OF THE [May 11, 1999]
replacing lines 2 through 30 with the following:
"WHEREAS, Illinois' 76,000 farmers are the stewards of much of
our land base and grow the crops and livestock we all rely on for
food, while maintaining open space, scenic views, and wildlife
habitat and together comprise Illinois' leading industry; and
WHEREAS, In many parts of Illinois prime farmland faces intense
development pressure; and
WHEREAS, It is critically important for Illinois to develop sound
and balanced public policies that address farmland and open space
needs while preserving the availability and affordability of housing
for our citizens; and
WHEREAS, The development of sound land use, housing, and
transportation policies would be enhanced by bringing together public
officials and private organizations who are dedicated to dealing
effectively with these issues; and
WHEREAS, Better planning could guide new development to locations
where public infrastructure is already in place or nearby, thus
reducing damage to the environment and helping sustain our rural
heritage; 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 there is created the Illinois Growth Task Force:
(a) The Task Force consists of at least 12 members and not more
than 24 members chosen according to the following requirements:
(1) Six voting members appointed from the House of
Representatives, with 3 members appointed by the Speaker and 3
members appointed by the Minority Leader;
(2) Six voting members appointed from the Senate, with 3
members appointed by the President and 3 members appointed by the
Minority Leader;
(3) Up to 12 non-voting members appointed from pertinent
fields or disciplines by the legislative members of the Task
Force, by majority vote, from the following categories:
(A) Agriculture;
(B) Environment;
(C) Local government;
(D) Real estate;
(E) Regional planning;
(F) Building trades and construction;
(G) Business;
(b) A majority of the legislative appointees shall select a
legislative member of the Task Force to serve as chairperson;
(c) The Lieutenant Governor, the Director of Agriculture, the
Director of Commerce and Community Affairs, the Director of the
Environmental Protection Agency, the Director of Natural Resources,
the Secretary of Transportation, and the Chairman of the Illinois
Housing Development Authority, or their designees, shall serve as
advisory non-voting delegates to the Task Force;
(d) The Task Force has the following objectives:
(1) Conduct a series of public hearings throughout the
State to discuss with citizens in different regions their visions
and plans for Illinois in the 21st Century with respect to
land use, housing and transportation priorities, and the
preservation of open space, farmland, and natural areas;
(2) Develop a set of statewide land use, housing, and
transportation goals, based on the testimony of citizens at the
task force hearings around Illinois;
(3) Propose enabling legislation and identify revenue
sources and incentives to meet the goals of the Task Force;
(4) Review existing State statutes affecting farmland and
development to identify gaps and duplications;
HOUSE OF REPRESENTATIVES 3927
(5) Review State and regional land use and transportation
policies and priorities to determine their impact on regional
development patterns, farmland, agriculture, open space, and
housing, and recommend appropriate changes in policy and funding
priorities;
(6) Review State and regional land use, planning, and
zoning policies to determine their impact on agriculture, open
space, and housing, and recommend appropriate changes in policy
and funding priorities to promote balanced growth;
(7) Review the policies and programs of other states to
identify successful legislative and policy initiatives that could
be adapted for Illinois to ensure sustainable growth in the 21st
century;
(8) Discuss formation of a permanent working group or
commission on growth issues, including designation of a lead
State agency;
(e) The Task Force shall receive the assistance of
legislative staff, legislative agencies, and, upon request, private
and public organizations;
(f) The members of the Task Force shall serve without
compensation but shall be reimbursed for their reasonable and
necessary expenses from funds appropriated for that purpose; and be
it further
RESOLVED, That the Illinois Growth Task Force shall meet as soon
as possible after at least 9 legislative members have been appointed,
shall hold public hearings, and shall report its findings and
recommendations to the General Assembly by filing a copy of its
report with the Clerk of the House and the Secretary of the Senate
on or before the second Tuesday of January 2001; and that upon filing
its report the task force is dissolved."; and
by deleting all of pages 2 through 4.
The motion prevailed and the amendment was adopted and the
resolutions was held on the Calendar on the order of Resolutions.
SENATE BILLS ON SECOND READING
SENATE BILL 1014. Having been printed, was taken up and read by
title a second time.
Representative Madigan offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1014
AMENDMENT NO. 1. Amend Senate Bill 1014 as follows:
on page 1, below line 18, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was held on the order of Second
Reading.
SENATE BILL 1029. Having been recalled on March 5, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Ryder offered the following amendment and moved
3928 JOURNAL OF THE [May 11, 1999]
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1029
AMENDMENT NO. 1. Amend Senate Bill 1029 by inserting at the end
of the bill the following:
"Section 99. Effective date. This Act takes effect on December
31, 2002.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 1030. Having been recalled on March 5, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Ryder offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1030
AMENDMENT NO. 2. Amend Senate Bill 1030, AS AMENDED, by
replacing everything after the enacting clause with the following:
"Section 5. The Illinois Administrative Procedure Act is amended
by changing Sections 5-40, 5-60, and 5-80 as follows:
(5 ILCS 100/5-40) (from Ch. 127, par. 1005-40)
Sec. 5-40. General rulemaking.
(a) In all rulemaking to which Sections 5-45 and 5-50 do not
apply, each agency shall comply with this Section.
(b) Each agency shall give at least 45 days' notice of its
intended action to the general public. This first notice period
shall commence on the first day the notice appears in the Illinois
Register. The first notice shall include all the following:
(1) The text of the proposed rule, the old and new
materials of a proposed amendment, or the text of the provision
to be repealed.
(2) The specific statutory citation, including Section, and
where applicable, subsection, paragraph, and subparagraph, to the
specific statute upon which the proposed rule, the proposed
amendment to a rule, or the proposed repeal of a rule is based
and by which it is authorized.
(3) A complete description of the subjects and issues
involved.
(4) For all proposed rules and proposed amendments to
rules, an initial regulatory flexibility analysis containing a
description of the types of small businesses subject to the rule;
a brief description of the proposed reporting, bookkeeping, and
other procedures required for compliance with the rule; and a
description of the types of professional skills necessary for
compliance.
(5) The time, place, and manner in which interested persons
may present their views and comments concerning the proposed
rulemaking.
During the first notice period, the agency shall accept from any
interested persons data, views, arguments, or comments. These may, in
the discretion of the agency, be submitted either orally or in
writing or both. The notice published in the Illinois Register shall
HOUSE OF REPRESENTATIVES 3929
indicate the manner selected by the agency for the submissions. The
agency shall consider all submissions received.
The agency shall hold a public hearing on the proposed rulemaking
during the first notice period if (i) during the first notice period,
the agency finds that a public hearing would facilitate the
submission of views and comments that might not otherwise be
submitted or (ii) the agency receives a request for a public hearing,
within the first 14 days after publication of the notice of proposed
rulemaking in the Illinois Register, from 25 interested persons, an
association representing at least 100 interested persons, the
Governor, the Joint Committee on Administrative Rules, or a unit of
local government that may be affected. At the public hearing, the
agency shall allow interested persons to present views and comments
on the proposed rulemaking. A public hearing in response to a
request for a hearing may not be held less than 20 days after the
publication of the notice of proposed rulemaking in the Illinois
Register unless notice of the public hearing is included in the
notice of proposed rulemaking. A public hearing on proposed
rulemaking may not be held less than 5 days before submission of the
notice required under subsection (c) of this Section to the Joint
Committee on Administrative Rules. Each agency may prescribe
reasonable rules for the conduct of public hearings on proposed
rulemaking to prevent undue repetition at the hearings. The hearings
must be open to the public and recorded by stenographic or mechanical
means. At least one agency representative shall be present during the
hearing who is qualified to respond to general questions from the
public regarding the agency's proposal and the rulemaking process.
(c) Each agency shall provide additional notice of the proposed
rulemaking to the Joint Committee on Administrative Rules. The period
commencing on the day written notice is received by the Joint
Committee shall be known as the second notice period and shall expire
45 days thereafter unless before that time the agency and the Joint
Committee have agreed to extend the second notice period beyond 45
days for a period not to exceed an additional 45 days or unless the
agency has received a statement of objection from the Joint Committee
or notification from the Joint Committee that no objection will be
issued. The written notice to the Joint Committee shall include (i)
the text and location of any changes made to the proposed rulemaking
during the first notice period in a form prescribed by the Joint
Committee; (ii) for all proposed rules and proposed amendments to
rules, a final regulatory flexibility analysis containing a summary
of issues raised by small businesses during the first notice period
and a description of actions taken on any alternatives to the
proposed rule suggested by small businesses during the first notice
period, including reasons for rejecting any alternatives not
utilized; and (iii) if a written request has been made by the Joint
Committee within 30 days after initial notice appears in the Illinois
Register under subsection (b) of this Section, an analysis of the
economic and budgetary effects of the proposed rulemaking. After
commencement of the second notice period, no substantive change may
be made to a proposed rulemaking unless it is made in response to an
objection or suggestion of the Joint Committee. The agency shall
also send a copy of the final regulatory flexibility analysis to each
small business that has presented views or comments on the proposed
rulemaking during the first notice period and to any other interested
person who requests a copy. The agency may charge a reasonable fee
for providing the copies to cover postage and handling costs.
(d) After the expiration of the second notice period, after
notification from the Joint Committee that no objection will be
issued, or after a response by the agency to a statement of
objections issued by the Joint Committee, whichever is applicable,
3930 JOURNAL OF THE [May 11, 1999]
the agency shall file, under Section 5-65, a certified copy of each
rule, modification, or repeal of any rule adopted by it. The copy
shall be published in the Illinois Register. Each rule hereafter
adopted under this Section is effective upon filing unless a later
effective date is required by statute or is specified in the
rulemaking.
(e) No rule or modification or repeal of any rule may be
adopted, or filed with the Secretary of State, more than one year
after the date the first notice period for the rulemaking under
subsection (b) commenced. Any period during which the rulemaking is
prohibited from being filed under Section 5-115 shall not be
considered in calculating this one-year time period.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
(5 ILCS 100/5-60) (from Ch. 127, par. 1005-60)
Sec. 5-60. Regulatory agenda. An agency shall submit for
publication in the Illinois Register by January 1 and July 1 of each
year a regulatory agenda to elicit public comments concerning any
rule that the agency is considering proposing but for which no notice
of proposed rulemaking activity has been submitted to the Illinois
Register. A regulatory agenda shall consist of summaries of those
rules. Each summary shall, in less than 2,000 words, contain the
following when practicable:
(1) A description of the rule.
(2) The statutory authority, including Section, and where
applicable, subsection, paragraph, and subparagraph, the agency
is exercising.
(3) A schedule of the dates for any hearings, meetings, or
other opportunities for public participation in the development
of the rule.
(4) The date the agency anticipates submitting a notice of
proposed rulemaking activity, if known.
(5) The name, address, and telephone number of the agency
representative who is knowledgeable about the rule, from whom any
information may be obtained, and to whom written comments may be
submitted concerning the rule.
(6) A statement whether the rule will affect small
businesses, not for profit corporations, or small municipalities
as defined in this Act.
(7) Any other information that may serve the public
interest.
Nothing in this Section shall preclude an agency from adopting a
rule that has not been summarized in a regulatory agenda or from
adopting a rule different than one summarized in a regulatory agenda
if in the agency head's best judgment it is necessary. If an agency
finds that a situation exists that requires adoption of a rule that
was not summarized on either of the 2 most recent regulatory agendas,
it shall state its reasons in writing together with the facts that
form their basis upon filing the notice of proposed rulemaking with
the Secretary of State under Section 5-40. Nothing in this Section
shall require an agency to adopt a rule summarized in a regulatory
agenda. The Secretary of State shall adopt rules necessary for the
publication of a regulatory agenda, including but not limited to
standard submission forms and deadlines.
(Source: P.A. 87-823; 88-667, eff. 9-16-94.)
(5 ILCS 100/5-80) (from Ch. 127, par. 1005-80)
Sec. 5-80. Publication of rules.
(a) The Secretary of State shall, by rule, prescribe a uniform
system for the codification of rules. The Secretary of State shall
also, by rule, establish a schedule for compliance with the uniform
codification system. The Secretary of State shall not adopt any
codification system or schedule under this subsection without the
HOUSE OF REPRESENTATIVES 3931
approval of the Joint Committee on Administrative Rules. Approval by
the Joint Committee shall be conditioned solely upon establishing
that the proposed codification system and schedule are compatible
with existing electronic data processing equipment and programs
maintained by and for the General Assembly. Nothing in this Section
shall prohibit an agency from adopting rules in compliance with the
codification system earlier than specified in the schedule.
(b) Each rule proposed in compliance with the codification
system shall be reviewed by the Secretary of State before the
expiration of the public notice period under subsection (b) of
Section 5-40. The Secretary of State shall cooperate with agencies
in the Secretary of State's review to insure that the purposes of the
codification system are accomplished. The Secretary of State shall
have the authority to make changes in the numbering and location of
the rule in the codification scheme if those changes do not affect
the meaning of the rules. The Secretary of State may recommend
changes in the sectioning and headings proposed by the agency and
suggest grammatical and technical changes to correct errors. The
Secretary of State may add notes concerning the statutory authority,
including Section, and where applicable, subsection, paragraph, and
subparagraph, dates proposed and adopted, and other similar notes to
the text of the rules, if the notes are not supplied by the agency.
This review by the Secretary of State shall be for the purpose of
insuring the uniformity of and compliance with the codification
system. The Secretary of State shall prepare indexes by agency,
subject matter, and statutory authority and any other necessary
indexes, tables, and other aids for locating rules to assist the
public in the use of the Code.
(c) The Secretary of State shall make available to the agency
and the Joint Committee on Administrative Rules copies of the changes
in the numbering and location of the rule in the codification scheme,
the recommended changes in the sectioning and headings, and the
suggestions made concerning the correction of grammatical and
technical errors or other suggested changes. The agency, in the
notice required by subsection (c) of Section 5-40, shall provide to
the Joint Committee a response to the recommendations of the
Secretary of State including any reasons for not adopting the
recommendations.
(d) If a reorganization of agencies, transfer of functions
between agencies, or abolishment of agencies by executive order or
law affects rules on file with the Secretary of State, the Secretary
of State shall notify the Governor, the Attorney General, and the
agencies involved of the effects upon the rules on file. If the
Governor or the agencies involved do not respond to the Secretary of
State's notice within 45 days by instructing the Secretary of State
to delete or transfer the rules, the Secretary of State may delete or
place the rules under the appropriate agency for the purpose of
insuring the consistency of the codification scheme and shall notify
the Governor, the Attorney General, and the agencies involved.
(e) (Blank).
(f) The Secretary of State shall ensure that the Illinois
Administrative Code is published and made available to the public in
a form that is updated at least annually. The Code shall contain the
complete text of all rules of all State agencies filed with the
Secretary's office and effective on October 1, 1984, or later and the
indexes, tables, and other aids for locating rules prepared by the
Secretary of State. The Secretary of State shall design the Illinois
Register to supplement the Code. The Secretary of State shall ensure
that copies of the Illinois Register are available to the public and
governmental entities and agencies.
If the Secretary of State determines that the Secretary's office
3932 JOURNAL OF THE [May 11, 1999]
will publish and distribute either the Register or the Code, the
Secretary shall make copies available to the public at a reasonable
fee, established by the Secretary by rule, and shall make copies
available to governmental entities and agencies at a price covering
publication and mailing costs only.
The Secretary of State shall make the electronically stored
database of the Illinois Register and the Code available in
accordance with this Section and Section 5.08 of the Legislative
Information System Act.
(g) The publication of a rule in the Code or in the Illinois
Register as an adopted rule shall establish a rebuttable presumption
that the rule was duly filed and that the text of the rule as
published in the Code is the text of the rule as adopted. Publication
of the text of a rule in any other location whether by the agency or
some other person shall not be taken as establishing such a
presumption. Judicial or official notice shall be taken of the text
of each rule published in the Code or Register.
(h) The codification system, the indexes, tables, and other aids
for locating rules prepared by the Secretary of State, notes, and
other materials developed under this Section in connection with the
publication of the Illinois Administrative Code and the Illinois
Register shall be the official compilations of the administrative
rules of Illinois and shall be entirely in the public domain for
purposes of federal copyright law.
(i) The Legislative Information System shall maintain on its
electronic data processing equipment the complete text of the
Illinois Register and Illinois Administrative Code created in
compliance with this Act. This electronic information shall be made
available for use in the publication of the Illinois Register and
Illinois Administrative Code by the Secretary of State if the
Secretary determines that his office will publish these materials as
authorized by subsection (f).
(j) The Legislative Information System, upon consultation with
the Joint Committee on Administrative Rules and the Secretary of
State, shall make the electronically stored database of the Illinois
Register and the Illinois Administrative Code available in an
electronically stored medium to those who request it. The
Legislative Information System shall establish and charge a
reasonable fee for providing the electronic information. Amounts
received under this Section shall be deposited into the General
Assembly Computer Equipment Revolving Fund.
(Source: P.A. 87-823; 88-535; revised 10-31-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 749. Having been printed, was taken up and read by
title a second time.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 749
AMENDMENT NO. 1. Amend Senate Bill 749 by replacing the title
with the following:
"AN ACT to amend the Illinois Business Brokers Act of 1995 by
HOUSE OF REPRESENTATIVES 3933
changing Sections 10-25, 10-105, and 10-115."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Business Brokers Act of 1995 is
amended by changing Sections 10-25, 10-105, and 10-115 as follows:
(815 ILCS 307/10-25)
Sec. 10-25. Fees and funds. All fees and funds accruing for the
administration of this Act shall be accounted for by the Secretary of
State and shall be deposited with the State Treasurer who shall
deposit them in the Securities Audit and Enforcement Fund.
(a) The Secretary of State shall, by rule or regulation, impose
and collect fees necessary for the administration of this Act,
including but not limited to, fees for the following purposes:
(1) Filing an application pursuant to Section 10-10 of this
Act;
(2) Examining an application pursuant to Sections 10-10 and
10-20 of this Act;
(3) Registering a business broker under Section 10-10 of
this Act;
(4) Renewing registration of a business broker pursuant to
Section 10-20 of this Act;
(5) Failure to file or file timely any document or
information required under this Act;
(6) Filing a notice of lien with the Secretary of State
pursuant to Section 10-115 of this Act.
(b) The Secretary of State may, by rule or regulation, raise or
lower any fee imposed by, and which he or she is authorized by law to
collect under, this Act.
(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97.)
(815 ILCS 307/10-105)
Sec. 10-105. Scope of the Act. This Act shall apply only when
the person engaging or seeking to engage engaged or sought to be
engaged by the business broker is domiciled in this State or when the
company or business sought to be sold has its principal place of
business in this State. Notwithstanding any other provision of this
Section, a lien on property arising under Section 10-115 is
enforceable only against tangible property located in this State.
(Source: P.A. 90-70, eff. 7-8-97.)
(815 ILCS 307/10-115)
Sec. 10-115. Business broker lien.
(a) Any business broker shall have a lien upon the tangible
assets of a business located in this State that is the subject of a
business broker's written contract and the proceeds from the sale of
such business in the amount due to that the broker under the written
contract is due.
(b) The lien shall be available to the business broker named in
the instrument signed by the owner of an interest in the assets
seller or purchaser. The lien arising under this Act shall be in
addition to any other rights that a business broker may have.
(c) A The lien under this Act does not shall attach unless and
until: upon
(1) the business broker is being otherwise entitled to a
fee or commission under a written contract instrument signed by
the seller or its purchaser or the seller or purchaser's duly
authorized agent; and, as applicable
(2) before the actual conveyance or transfer of the
business assets or property with respect to which the business
broker is claiming a lien, the business broker files a notice of
lien (i) as to real property, with the recorder of the county in
which the real property is located or (ii) as to tangible
personal property, in the Office of the Secretary of State.
(d) When payment to a business broker is due in installments, a
3934 JOURNAL OF THE [May 11, 1999]
portion of which is due only after the conveyance or transfer of the
tangible assets business, any claim for lien for those payments due
after the transfer or conveyance may be filed at any time subsequent
to the transfer or conveyance of the tangible assets business and
prior to the date on which the payment is due but shall only be
effective as a lien against the tangible assets business or proceeds
to the extent moneys are still owed to the transferor by the
transferee. In all other respects, the lien shall attach as described
in this subsection of the filing of the notice of lien and not relate
back to the date of the written agreement.
(e) If a business broker has a written agreement with a
prospective purchaser or seller, then the lien shall attach upon the
prospective purchaser or seller that is purchasing, selling, or
otherwise accepting a conveyance or transfer of the real property or
tangible personal property of the business and the filing of a notice
of lien (i) in the recorder's office of the county in which the real
property is located, as to real property, and (ii) in the Office of
the Secretary of State, as to tangible personal property, by the
business broker in the Office of the Secretary of State within 90
days after the transfer to the purchaser purchase, sale, or other
conveyance or transfer of the business that is the subject of the
written agreement with the business broker. The lien shall attach to
the interest purchased by the purchaser as of the date of the filing
of the notice of lien and does not relate back to the date of the
written contract receipt of any consideration by the seller of the
business that is the subject of the written agreement with the
business broker.
(f) The business broker shall, within 10 days after filing its
notice of lien, mail a copy of the notice of lien to the owner of
the property business by depositing it in the United States mail,
registered or certified mail, with return receipt requested, or
personally serve a copy of the notice served on the owner of record
or his agent. If the lien is filed within 10 days prior to closing,
the business broker is not required to mail or personally serve a
copy of the notice of lien. Mailing of the copy of the notice of
lien is effective if mailed to the address of the business that is
the subject of the notice of lien, or to such other address as the
seller or purchaser has provided to the business broker in writing
and signed by the seller or purchaser. Mailing of the copy of the
notice of claim for lien is effective if mailed to the seller at the
address of the business that is the subject of the notice of lien or
to another address that the seller or purchaser has provided in
writing to the business broker when deposited in a United States
mailbox with postage prepaid. The broker's lien shall be
unenforceable if mailing of the copy of the notice of lien does not
occur at the time and in the manner required by this Act.
(g) A business broker may bring suit to enforce a lien in the
circuit court (i) in the county where the real property headquarters
of the business being sold is located, as to real property, or (ii)
as to tangible personal property, either in the county where the
personal property is located or where the principal office of the
owner of the personal property, or the owner's residence, is located
where the purchaser resides (or maintains its headquarters) if the
lien is being filed against the purchaser, or where the seller
resides (or maintains its headquarters) if the lien is filed against
the seller, by filing a complaint and sworn affidavit that the lien
has been filed.
(h) The person claiming a lien shall, within 2 years after
filing the lien, commence proceedings by filing a complaint. Failure
to commence proceedings within 2 years after filing the lien shall
extinguish the lien. No subsequent notice of lien may be given for
HOUSE OF REPRESENTATIVES 3935
the same claim nor may that claim be asserted in any proceedings
under this Act.
(i) A complaint under this Section shall have attached to it a
copy contain a brief statement of the written contract or agreements
on which the lien is founded and shall contain, the date when the
contract or agreement was made, a description of the services
performed, the amount due and unpaid, a description of the tangible
assets of the business that is, or the proceeds from sale of which
are, subject to the lien, and other facts necessary for a full
understanding of the rights of the parties. The plaintiff shall make
all interested parties, of whose interest the plaintiff is notified
or has actual or constructive knowledge, defendants to the action and
shall issue summons and provide service as in other civil actions.
When any defendant resides or has gone out of the State, or on
inquiry cannot be found, or is concealed within this State so that
process cannot be served on that defendant, the plaintiff shall cause
a notice to be given to that defendant, or cause a copy of the
complaint to be served upon that defendant, in the manner and upon
the same conditions as in other civil actions. Failure of the
plaintiff to provide proper summons or notice shall be grounds for
judgment against the plaintiff with prejudice. Every lien claimed
under this Act shall be foreclosed as provided in the Illinois
Mortgage Foreclosure Law, if the lien is on real property, or as
provided in the Uniform Commercial Code, if the lien is on personal
property.
(j) The lien notice shall state the name and address of the
claimant, the name of the purchaser or seller whose property or
assets are subject to the lien, a description of the real or personal
property that is subject to the lien business upon which or upon the
proceeds from the sale of which the lien is being claimed, the amount
for which the lien is claimed, and the registration number of the
business broker. The notice of lien shall recite that the
information contained in the notice is true and accurate to the
knowledge of the signer signatory. The notice of lien shall be
signed by the business broker or by a person authorized to sign on
behalf of the business broker and shall be verified.
(k) Whenever a claim for lien has been filed with the Office of
the Secretary of State or the county recorder's office and a
condition occurs that would preclude the business broker from
receiving compensation under the terms of the business broker's
written agreement, the business broker shall provide to the purchaser
of the business, if the lien is filed against the purchaser's assets
of the business that are subject to this Act purchaser, or the seller
of the business, if the lien is filed against the seller's assets of
the business that are subject to this Act seller, within 10 days
following demand by that party the owner of record, a written release
or satisfaction of the lien.
(l) Upon written demand of the owner, lienee, or other
authorized agent, served on the person claiming the lien requiring
suit to be commenced to enforce the lien or answer to be filed in a
pending suit, a suit shall be commenced or answer filed within 30
days thereafter, or the lien shall be extinguished. Service may be
by registered or certified mail, return receipt requested, or by
personal service.
(m) If a claim for lien has been filed with the Office of the
Secretary of State or the county recorder's office and is paid, or if
there is failure to institute a suit to enforce the lien within the
time provided by this Act, the business broker shall acknowledge
satisfaction or release of the lien, in writing, on written demand of
the purchaser of the business, if the lien is filed against the
purchaser, or the seller of the business, if the lien is filed
3936 JOURNAL OF THE [May 11, 1999]
against the seller, within 5 days after payment or expiration of the
time in which to file the lien.
(n) The cost of proceedings brought under this Act asserting or
defending a business broker's claim of lien, including reasonable
attorneys' fees, costs, and prejudgment interest interests due to the
prevailing party, shall be borne by the nonprevailing party or
parties. When more than one party is responsible for costs, fees,
and prejudgment interest, the costs, fees, and prejudgment interest
shall be equitably apportioned by the court among those responsible
parties.
(o) Prior recorded liens and mortgages shall have priority over
a broker's lien. A prior recorded lien shall include, without
limitation, (i) a valid mechanic's lien claim, that is recorded
subsequent to the broker's notice of lien but which relates back to a
date prior to the recording date of the broker's notice of lien and
(ii) prior recorded liens securing revolving credit or and future
advances under of construction loans as described in Section 15-1302
of the Code of Civil Procedure, and (iii) prior recorded liens
perfected under the Uniform Commercial Code.
(Source: P.A. 90-70, eff. 7-8-97.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILL 648. Having been read by title a second time on
March 6, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Krause offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 648
AMENDMENT NO. 2. Amend Senate Bill 648, AS AMENDED, in Section
10, Sec. 27A-4, subsection (b), the sentence beginning "The total
number", by deleting "except as otherwise provided in this subsection
(b)"; and
in Section 10, Sec. 27A-4, subsection (b), by deleting the following:
"However, when the maximum number of charter schools for a region has
been reached, the number of charter schools authorized to operate at
any one time in that region shall be increased by 15, with further
increases by 15 when the new maximum numbers have been reached but
with no more than 15 new charter schools being authorized per region,
per year."; and
in Section 10, Sec. 27A-11.5, at the end of subdivision (1), by
inserting "If House Bill 230 of the 91st General Assembly becomes
law, transition impact aid shall not be paid for any charter school
that is proposed and created by one or more boards of education, as
authorized under the provisions of House Bill 230 of the 91st General
Assembly.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
HOUSE OF REPRESENTATIVES 3937
RESOLUTIONS
HOUSE RESOLUTIONS 255, 256, 264, 265, 267, 268, 269, 271, 272,
273, 275, 276, 277, 278, 279, 280, 281, 282 and 283 were taken up for
consideration.
Representative Pugh moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
At the hour of 3:57 o'clock p.m., Representative Lang moved that
the House do now adjourn until Wednesday, May 12, 1999, at 10:00
o'clock a.m.
The motion prevailed.
And the House stood adjourned.
3938 JOURNAL OF THE [May 11, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 11, 1999
0 YEAS 0 NAYS 115 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 P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND E 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 E MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER P PANKAU P WIRSING
E 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 3939
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 276
VEH CD-COMM DRVRS LIC-TECH
THIRD READING
PASSED
MAY 11, 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 Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E 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
3940 JOURNAL OF THE [May 11, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 805
FIRE PROTECT DIST-GRANTS
THIRD READING
PASSED
MAY 11, 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 Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E 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 3941
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 331
ILL EQL JUSTICE ASSTNCE ACT
THIRD READING
PASSED
MAY 11, 1999
81 YEAS 32 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER
Y BASSI N FRANKS Y LOPEZ A RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS N SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND E GILES N McAULIFFE Y SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS N MEYER Y SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK E MORROW N STEPHENS
N COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY N TENHOUSE
Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
N CURRY N JONES,JOHN N O'BRIEN N WAIT
N DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
3942 JOURNAL OF THE [May 11, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 423
UTIL TREE CUT NO MUNI PREEMPT
THIRD READING
PASSED
MAY 11, 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 Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E 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 3943
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 566
CORPORATIONS-REGULATION
THIRD READING
PASSED
MAY 11, 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 Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E 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
3944 JOURNAL OF THE [May 11, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 74
DEPT AGRICULTURE-TECH
THIRD READING
PASSED
MAY 11, 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 Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E 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 3945
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1071
PUB OFFICER-LAND DISCLOSURE
THIRD READING
PASSED
MAY 11, 1999
112 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 Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 A HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK E MORROW Y STEPHENS
Y COWLISHAW Y HOWARD E MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E 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
3946 JOURNAL OF THE [May 11, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1042
VEH CD-HIDDEN VEH COMPARTMNT
THIRD READING
PASSED
MAY 11, 1999
85 YEAS 15 NAYS 9 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER A RIGHTER
Y BASSI Y FRANKS Y LOPEZ A RONEN
N BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
P BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND E 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 P SHARP
Y BROSNAHAN N 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 A HOFFMAN Y MOORE Y SOMMER
A COULSON Y HOLBROOK E MORROW N STEPHENS
N COWLISHAW P HOWARD E MULLIGAN Y STROGER
N CROSS Y HULTGREN N MURPHY Y TENHOUSE
Y CROTTY P JOHNSON,TIM Y MYERS P TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS N JONES,LOU Y O'CONNOR P WINKEL
Y DART P JONES,SHIRLEY Y OSMOND Y WINTERS
N DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
E DAVIS,STEVE Y KLINGLER P PARKE A WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE Y YOUNGE
Y ERWIN Y LANG N PUGH Y ZICKUS
Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER
P FLOWERS N LEITCH
E - Denotes Excused Absence
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