4172 JOURNAL OF THE [May 13, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
50TH LEGISLATIVE DAY
THURSDAY, MAY 13, 1999
12:00 O'CLOCK NOON
The House met pursuant to adjournment.
Representative Hartke in the Chair.
Prayer by Reverend Greta McDonald with the United Methodist
Church of New Lenox in New Lenox, Illinois.
Representative Sharp led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
116 present. (ROLL CALL 1)
By unanimous consent, Representatives Klingler and Schoenberg
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 Feigenholtz,
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 Jerry Mitchell,
should be recorded as present.
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 1.
Amendment No. 5 to SENATE BILL 27.
Amendment No. 1 to SENATE BILL 150.
Amendment No. 1 to SENATE BILL 235.
Amendment No. 1 to SENATE BILL 391.
Amendment No. 4 to SENATE BILL 392.
HOUSE OF REPRESENTATIVES 4173
Amendment No. 1 to SENATE BILL 544.
Amendment No. 3 to SENATE BILL 556.
Amendment No. 2 to SENATE BILL 561.
Amendment No. 1 to SENATE BILL 818.
Amendment No. 2 to SENATE BILL 910.
Amendment No. 1 to SENATE BILL 941.
Amendment No. 1 to SENATE BILL 1018.
Amendment No. 1 to SENATE BILL 1028.
Amendment No. 1 to SENATE BILL 1114.
Amendment No. 1 to SENATE BILL 1203.
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 Appropriations-Higher Education: House Amendment 2
to SENATE BILL 588.
Committee on Elementary & Secondary Education: Motion to Concur
in Senate Amendment 1 to HOUSE BILL 2020.
Committee on Human Services: House Amendment 1 to SENATE BILL
43.
Committee on Judiciary I-Civil Law: House Amendments 2 and House
Amendment 3 to SENATE BILL 349.
Committee on Local Government: House Amendment 1 to SENATE BILL
575.
Committee on Registration & Regulation: House Amendment 3 to
SENATE BILL 288.
Committee on Urban Revitilization: House Amendment 7 to SENATE
BILL 1032.
JOINT ACTION MOTIONS SUBMITTED
Representative Mathias submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 536.
Representative Moore submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 842.
Representative Mulligan submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 916.
Representative Durkin submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1305.
Representative Moore submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1688.
4174 JOURNAL OF THE [May 13, 1999]
Representative Moore submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1732.
Representative Moffitt submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2616.
Representative Mathias submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 377.
Representative O'Brien submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 731.
Representative Joseph Lyons submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 720.
Representative Brady submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1348.
Representative Silva submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1399.
Representative Joseph Lyons submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1676.
Representative Novak submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
47.
Representative Joseph Lyons submitted the following written
motion, which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
427.
Representative Saviano submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 245.
Representative Saviano submitted the following written motion,
which was placed in the Committee on Rules:
HOUSE OF REPRESENTATIVES 4175
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 800.
Representative Saviano submitted the following written motion,
which was placed in the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 928.
Representative Tom Johnson submitted the following written
motion, which was placed on the Calendar on the order of
Non-concurrence:
MOTION #1
I move to refuse to recede from House Amendment No. 1 to SENATE
BILL 147.
STATE MANDATE ACT NOTE SUPPLIED
A State Mandate Act Note has been supplied for SENATE BILL 286,
as amended.
HOME RULE IMPACT NOTE SUPPLIED
A Home Rule Impact Note has been supplied for SENATE BILL 286, as
amended.
STATE DEBT IMPACT NOTE SUPPLIED
A State Debt Impact Note has been supplied for SENATE BILL 941,
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 17
A bill for AN ACT to amend the School Code by adding Section
2-3.126.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 17.
Senate Amendment No. 2 to HOUSE BILL NO. 17.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
4176 JOURNAL OF THE [May 13, 1999]
AMENDMENT NO. 1. Amend House Bill 17 by replacing everything
after the enacting clause with the following:
"Section 5. The School Code is amended by adding Section 2-3.126
as follows:
(105 ILCS 5/2-3.126 new)
Sec. 2-3.126. K-5 class size reduction grant program.".
AMENDMENT NO. 2. Amend House Bill 17, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the School Code by adding Section 17-2C."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section 17-2C
as follows:
(105 ILCS 5/17-2C)
Sec. 17-2C. Transfer from Tort Immunity Fund or Transportation
Fund by financially distressed school districts.
(a) The school board of any school district that is certified
under Section 19-1.5 as a financially distressed school district may
by resolution transfer from the Tort Immunity Fund to any other
school district fund an amount of money not to exceed the lesser of
$2,500,000 or 0.6% of the value of the taxable property within the
district, provided the amount transferred is not then required for
the payment of any liabilities created by a settlement or a tort
judgement, defense costs, or for the payment of any liabilities under
the Unemployment Insurance Act, Workers' Compensation Act, Workers'
Occupational Diseases Act, or risk care management programs.
(b) The school board of any school district (i) with a
population of less than 50,000, (ii) that has sold tax anticipation
warrants during the last 3 years before the effective date of this
amendatory Act of the 91st General Assembly, and (iii) that has a tax
base of more than 75% residential property may by resolution transfer
from the Tort Immunity Fund to any other school district fund an
amount of money not to exceed the lesser of $2,500,000 or 0.6% of the
value of the taxable property within the district, provided the
amount transferred is not then required for the payment of any
liabilities created by a settlement or a tort judgment, for defense
costs, or for the payment of any liabilities under the Unemployment
Insurance Act, Workers' Compensation Act, Workers' Occupational
Diseases Act, or risk care management programs.
(c) The school board of any school district (i) with a
population of less than 50,000, (ii) that has sold tax anticipation
warrants during the last 3 years before the effective date of this
amendatory Act of the 91st General Assembly, and (iii) that has a tax
base of more than 75% residential property may by resolution transfer
from the Transportation Fund to any other school district fund an
amount of money not to exceed the lesser of $2,500,000 or 0.6% of the
value of the taxable property within the district.
(Source: P.A. 88-641, eff. 9-9-94; revised 10-31-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 17 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
HOUSE OF REPRESENTATIVES 4177
to-wit:
HOUSE BILL 47
A bill for AN ACT to amend the Property Tax Code by changing
Section 10-230.
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. 47.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 47 on page 1, line 8, after
"force;", by inserting "report;".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 47 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 90
A bill for AN ACT to amend the Juvenile Court Act of 1987 by
changing Sections 1-7, 5-120, and 5-125.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 90.
Senate Amendment No. 2 to HOUSE BILL NO. 90.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 90 on page 1, line 2 by
changing "Sections 1-7, 5-120, and 5-125" to "Section 1-7"; and
on page 1, line 6 by changing "Sections 1-7, 5-120, and 5-125" to
"Section 1-7"; and
on page 4, line 25 by changing "Law" to "Except as otherwise provided
in this subsection (E), law"; and
on page 4, by replacing lines 28 through 34 with the following:
"case involving a minor.
4178 JOURNAL OF THE [May 13, 1999]
Upon petition by the victim or the victim's legal representative,
and after a showing of the necessity for the disclosure by clear and
convincing evidence, the court may order that the following
information be disclosed to the victim or the victim's legal
representative:
(i) If the minor is a not ward of the State, the court may
order the disclosure of the names and addresses of the minor and
the minor's parents or guardian and information pertaining to any
disposition or alternative adjustment plan for the minor.
(ii) If the minor is a ward of the State, the court may
order the disclosure of only the name and address of the minor's
guardian.
In making the required showing of necessity for the disclosure,
the petitioner shall bear the burden of showing the necessity for the
disclosure."; and
by deleting lines 21 through 32 on page 5 and all of page 6.
AMENDMENT NO. 2. Amend House Bill 90, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Juvenile Court Act of 1987 by changing
Section 5-905."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-905 as follows:
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records. Inspection and copying of law
enforcement records maintained by law enforcement agencies that
relate to a minor who has been arrested or taken into custody before
his or her 17th birthday shall be restricted to the following and
when necessary for the discharge of their official duties:
(a) A judge of the circuit court and members of the staff
of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff;
(c) The minor, the minor's parents or legal guardian and
their attorneys, but only when the juvenile has been charged with
an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief executive
of the agency that prepared the particular recording: provided
that publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the record;
(g) Individuals responsible for supervising or providing
temporary or permanent care and custody of minors pursuant to
orders of the juvenile court or directives from officials of the
Department of Children and Family Services or the Department of
Human Services who certify in writing that the information will
not be disclosed to any other party except as provided under law
or order of court;
(h) The appropriate school official. Inspection and
copying shall be limited to law enforcement records transmitted
to the appropriate school official by a local law enforcement
agency under a reciprocal reporting system established and
maintained between the school district and the local law
enforcement agency under Section 10-20.14 of the School Code
concerning a minor enrolled in a school within the school
district who has been arrested for any offense classified as a
felony or a Class A or B misdemeanor.
HOUSE OF REPRESENTATIVES 4179
(2) Information identifying victims and alleged victims of sex
offenses, shall not be disclosed or open to public inspection under
any circumstances. Nothing in this Section shall prohibit the victim
or alleged victim of any sex offense from voluntarily disclosing his
or her identity.
(3) Relevant information, reports and records shall be made
available to the Department of Corrections when a juvenile offender
has been placed in the custody of the Department of Corrections,
Juvenile Division.
(4) Nothing in this Section shall prohibit the inspection or
disclosure to victims and witnesses of photographs contained in the
records of law enforcement agencies when the inspection or disclosure
is conducted in the presence of a law enforcement officer for
purposes of identification or apprehension of any person in the
course of any criminal investigation or prosecution.
(5) The records of law enforcement officers concerning all
minors under 17 years of age must be maintained separate from the
records of adults and may not be open to public inspection or their
contents disclosed to the public except by order of the court or when
the institution of criminal proceedings has been permitted under
Section 5-130 or 5-805 or required under Section 5-130 or 5-805 or
such a person has been convicted of a crime and is the subject of
pre-sentence investigation or when provided by law.
(6) Except as otherwise provided in this subsection (6), law
enforcement officers may not disclose the identity of any minor in
releasing information to the general public as to the arrest,
investigation or disposition of any case involving a minor. Any
victim or parent or legal guardian of a victim may petition the court
to disclose the name and address of the minor and the minor's parents
or legal guardian, or both. Upon a finding by clear and convincing
evidence that the disclosure is either necessary for the victim to
pursue a civil remedy against the minor or the minor's parents or
legal guardian, or both, or to protect the victim's person or
property from the minor, then the court may order the disclosure of
the information to the victim or to the parent or legal guardian of
the victim only for the purpose of the victim pursuing a civil remedy
against the minor or the minor's parents or legal guardian, or both,
or to protect the victim's person or property from the minor. Upon
written request, law enforcement officers may release the name and
address of a minor who has been arrested for a criminal offense to
the victim, or if the victim is a minor, to the victim's legal
custodian, guardian or parent. The law enforcement officer may
release the information only if he or she reasonably believes such
release would not endanger the person or property of the arrested
minor or his or her family.
(7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity from
communicating with each other by letter, memorandum, teletype or
intelligence alert bulletin or other means the identity or other
relevant information pertaining to a person under 17 years of age.
The information provided under this subsection (7) shall remain
confidential and shall not be publicly disclosed, except as otherwise
allowed by law.
(8) No person shall disclose information under this Section
except when acting in his or her official capacity and as provided by
law or order of court.
(Source: P.A. 90-590, eff. 1-1-99.)".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 90 was placed on the Calendar on the
4180 JOURNAL OF THE [May 13, 1999]
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 230
A bill for AN ACT to amend the School Code by changing Sections
27A-4 and 27A-7.
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. 230.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 230, on page 1, lines 21 and
22, by deleting ", with not more than one charter school per school
district,"; and
on page 1, line 25, after "500,000", by inserting ", with not more
than one charter school that has been initiated by a board of
education, or by an intergovernmental agreement between or among
boards of education, operating at any one time in the school district
where the charter school is located"; and
on page 1, lines 26 and 27, by deleting ", with not more than one
charter school per school district,"; and
on page 1, line 28, after "State", by inserting ", with not more than
one charter school that has been initiated by a board of education,
or by an intergovernmental agreement between or among boards of
education, operating at any one time in the school district where the
charter school is located".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 230 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 245
A bill for AN ACT to amend the Professional Boxing and Wrestling
Act.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
HOUSE OF REPRESENTATIVES 4181
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 245.
Senate Amendment No. 2 to HOUSE BILL NO. 245.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 245, on page 3, immediately
below line 29, by inserting the following:
"24. "Physician" means a person licensed to practice
medicine in all its branches under the Medical Practice Act of
1987."; and
on page 12, by replacing lines 29 through 31 with the following:
"each contest by a physician licensed to practice medicine in all of
its branches. The physician shall"; and
on page 13, in line 1, by replacing "may shall" with "shall".
AMENDMENT NO. 2. Amend House Bill 245 on page 2, line 4, by
replacing "contestants" with "promoters, contestants,"; and
on page 2, lines 23 and 24, by replacing ""second corner man" or
"coach"" with ""second", "corner man", or "coach""; and
on page 3, lines 1, 4, and 7, by replacing "match" each time it
appears with "contest"; and
on page 4, line 12, after "Chairperson", by inserting "and one member
shall be designated as the Vice-chairperson"; and
on page 8, line 29, by replacing "an athletic event" with "a boxing
contest"; and
on page 9, immediately below line 22, by inserting the following:
"Persons involved with wrestling exhibitions shall supply the
Department with their name, address, telephone number, and social
security number and shall meet other requirements as established by
rule."; and
on page 9, line 29, after "promoter,", by inserting "professional
boxer,"; and
on page 11, line 19, by replacing "registration" with "licensure";
and
on page 16, line 29, by replacing "permit" with "permit,
registration,"; and
on page 17, line 2, by replacing "permit holder" with "registration
permit holder"; and
on page 17, line 8, by replacing "match" with "contest match"; and
on page 17, line 33, by replacing "permit" with "permit,"; and
on page 20, line 32, after "license", by inserting "or registration";
and
on page 21, line 1, by replacing "a license" with "a license or
registration"; and
on page 21, line 1, by replacing "the licensee" with "the licensee
or registrant"; and
on page 21, lines 2, 4, and 6, by replacing "license" each time it
appears with "license or registration"; and
on page 21, line 3, by replacing "licensee" with "licensee or
registrant"; and
on page 22, lines 15, 25, and 27, by replacing "license" each time it
appears with "license or registration"; and
on page 23, line 3, by replacing "license" with "license or
registration"; and
4182 JOURNAL OF THE [May 13, 1999]
on page 24, line 10, by replacing "license," with "license or
registration,"; and
on page 24, line 10, by replacing "a licensee" with "a licensee or
registrant"; and
on page 25, line 15, by replacing "certificate holder" with
"registrant certificate holder"; and
on page 26, lines 14 and 24, by replacing "applicant or licensee"
each time it appears with "applicant, licensee, or registrant"; and
on page 26, line 23, by replacing "license" with "license or
registration"; and
on page 28, line 16, by replacing "licensure" with "licensure or
registration".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 245 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 371
A bill for AN ACT amending the Property Tax Code by adding
Section 15-143.
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. 371.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 371 on page 1, line 10, by
deleting "(a)"; and
on page 1, by deleting lines 16 through 23.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 371 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 379
A bill for AN ACT to amend the Liquefied Petroleum Gas Regulation
HOUSE OF REPRESENTATIVES 4183
Act by changing Section 4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 379.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 379 by replacing the title
with the following:
"AN ACT to amend the Illinois Propane Education and Research Act
of 1997 by changing Section 5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Propane Education and Research Act of
1997 is amended by changing Section 5 as follows:
(430 ILCS 27/5)
Sec. 5. Definitions. In this Act, unless the context otherwise
requires:
"Council" means a Propane Education and Research Council created
pursuant to Section 10 of this Act;
"Director" means Director of Agriculture or his or her designee;
"Education" means any action to provide information regarding
propane, propane equipment, mechanical and technical practices, and
propane uses to consumers and members of the propane industry;
"Industry" means those persons involved in the production,
transportation, and sale of propane, and the manufacture and
distribution of propane utilization equipment;
"Industry trade association" means an organization exempt from
tax, under Section 501(c)(3), or (6) of the Internal Revenue Code of
1986, representing the propane industry;
"Odorized propane" means propane which has an odorant added to
it;
"Placed into commerce" means delivered, transported for storage,
or sold within the State of Illinois;
"Producer" means the owner of propane at the time it is recovered
at a gas processing plant or refinery; irrespective of the state
where production occurs;
"Propane" means a hydrocarbon whose chemical composition is
predominately C3H8, whether recovered from natural gas or crude oil,
and includes liquified petroleum gases and mixtures thereof;
"Public member" means a member of the Council other than a
representative of producers or retail marketers representing
significant users of propane, public safety officials, state
regulatory officials, or other groups knowledgeable about propane;
"Qualified industry organization" means the Illinois Propane Gas
Association, the National Propane Gas Association, the Gas Processors
Association, a successor association of these associations, or any
other propane industry organization;
"Research" means any type of study, investigation or other
activities designed to advance the image, desirability, usage,
marketability, efficiency, and safety of propane and to further the
development of such information;
"Retail marketer" means a person engaged primarily in the sale of
odorized propane to the ultimate consumer or to retail propane
dispensers; and
4184 JOURNAL OF THE [May 13, 1999]
"Retail propane dispenser" means a person who sells odorized
propane to the ultimate consumer but is not engaged primarily in the
business of such sales.
(Source: P.A. 90-305, eff. 1-1-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 379 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 471
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 12-10.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 471.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 471 on page 1, line 9, by
deleting "or offers to pierce"; and
on page 1, by deleting lines 15 through 17; and
on page 1, line 18, by changing "(c)" to "(b)"; and
on page 1, line 22, by changing "(d)" to "(c)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 471 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 472
A bill for AN ACT to amend the Illinois Procurement Code by
changing Section 50-35.
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:
HOUSE OF REPRESENTATIVES 4185
Senate Amendment No. 1 to HOUSE BILL NO. 472.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 472, as follows:
on page 1, line 26, by replacing "shareholders" with "shareholders,
partners, or members".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 472 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 542
A bill for AN ACT concerning taxation.
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. 542.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 542 by replacing everything
after the enacting clause with the following:
"Section 5. The Use Tax Act is amended by changing Section 3-5
as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
4186 JOURNAL OF THE [May 13, 1999]
or theatrical works on a regular basis.
(4) Personal property purchased by a governmental body, by a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or by a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active exemption
identification number issued by the Department.
(5) A passenger car that is a replacement vehicle to the extent
that the purchase price of the car is subject to the Replacement
Vehicle Tax.
(6) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order, certified by the purchaser to be used primarily for
graphic arts production, and including machinery and equipment
purchased for lease.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(9) Personal property purchased from a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(10) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through to the living
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (11). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
HOUSE OF REPRESENTATIVES 4187
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (11) is exempt from the provisions of Section 3-90.
(12) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(13) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages purchased at retail from a retailer, to the extent that the
proceeds of the service charge are in fact turned over as tips or as
a substitute for tips to the employees who participate directly in
preparing, serving, hosting or cleaning up the food or beverage
function with respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(16) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(17) Distillation machinery and equipment, sold as a unit or
kit, assembled or installed by the retailer, certified by the user to
be used only for the production of ethyl alcohol that will be used
for consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment used
primarily in the process of manufacturing or assembling tangible
personal property for wholesale or retail sale or lease, whether that
sale or lease is made directly by the manufacturer or by some other
person, whether the materials used in the process are owned by the
manufacturer or some other person, or whether that sale or lease is
made apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial value on
special order for a particular purchaser.
(19) Personal property delivered to a purchaser or purchaser's
donee inside Illinois when the purchase order for that personal
property was received by a florist located outside Illinois who has a
florist located inside Illinois deliver the personal property.
(20) Semen used for artificial insemination of livestock for
4188 JOURNAL OF THE [May 13, 1999]
direct agricultural production.
(21) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(22) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a hospital that has been issued an active tax
exemption identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Service Use Tax Act, as the case may
be, based on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an active
sales tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the property is
leased in a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the case
may be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(24) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(25) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
HOUSE OF REPRESENTATIVES 4189
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(26) A motor vehicle, as that term is defined in Section 1-146
of the Illinois Vehicle Code, that is donated to a corporation,
limited liability company, society, association, foundation, or
institution that is determined by the Department to be organized and
operated exclusively for educational purposes. For purposes of this
exemption, "a corporation, limited liability company, society,
association, foundation, or institution organized and operated
exclusively for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and that
compare favorably in their scope and intensity with the course of
study presented in tax-supported schools, and vocational or technical
schools or institutes organized and operated exclusively to provide a
course of study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98.)
Section 10. The Service Use Tax Act is amended by changing
Section 3-5 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois county
fair association for use in conducting, operating, or promoting the
county fair.
(3) Personal property purchased by a not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(6) Personal property purchased from a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
4190 JOURNAL OF THE [May 13, 1999]
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages acquired as an incident to the purchase of a service from a
serviceman, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery and
equipment, including repair and replacement parts, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Semen used for artificial insemination of livestock for
direct agricultural production.
HOUSE OF REPRESENTATIVES 4191
(14) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(15) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a hospital that has been issued an active tax
exemption identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an active
tax exemption identification number by the Department under Section
1g of the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
4192 JOURNAL OF THE [May 13, 1999]
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(19) A motor vehicle, as that term is defined in Section 1-146
of the Illinois Vehicle Code, that is donated to a corporation,
limited liability company, society, association, foundation, or
institution that is determined by the Department to be organized and
operated exclusively for educational purposes. For purposes of this
exemption, "a corporation, limited liability company, society,
association, foundation, or institution organized and operated
exclusively for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and that
compare favorably in their scope and intensity with the course of
study presented in tax-supported schools, and vocational or technical
schools or institutes organized and operated exclusively to provide a
course of study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98.)
Section 15. The Service Occupation Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal property
is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by any not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
HOUSE OF REPRESENTATIVES 4193
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-55 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical
4194 JOURNAL OF THE [May 13, 1999]
appliances, and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, when purchased for use by a
person receiving medical assistance under Article 5 of the Illinois
Public Aid Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock for
direct agricultural production.
(15) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(16) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(19) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(20) A motor vehicle, as that term is defined in Section 1-146
of the Illinois Vehicle Code, that is donated to a corporation,
limited liability company, society, association, foundation, or
institution that is determined by the Department to be organized and
operated exclusively for educational purposes. For purposes of this
exemption, "a corporation, limited liability company, society,
association, foundation, or institution organized and operated
exclusively for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and that
compare favorably in their scope and intensity with the course of
study presented in tax-supported schools, and vocational or technical
schools or institutes organized and operated exclusively to provide a
course of study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
HOUSE OF REPRESENTATIVES 4195
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98; revised 2-10-99.)
Section 20. The Retailers' Occupation Tax Act is amended by
changing Section 2-5 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt from the
tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (2). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 2-70 3-75.
(3) Distillation machinery and equipment, sold as a unit or kit,
assembled or installed by the retailer, certified by the user to be
used only for the production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(4) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(5) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through access to the living
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
4196 JOURNAL OF THE [May 13, 1999]
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Proceeds of that portion of the selling price of a passenger
car the sale of which is subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the county
fair.
(9) Personal property sold to a not-for-profit music or dramatic
arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c) (3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or to a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active identification number
issued by the Department.
(12) Personal property sold to interstate carriers for hire for
use as rolling stock moving in interstate commerce or to lessors
under leases of one year or longer executed or in effect at the time
of purchase by interstate carriers for hire for use as rolling stock
moving in interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by the
Federal Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate carriers
for hire for use as rolling stock moving in interstate commerce and
equipment operated by a telecommunications provider, licensed as a
common carrier by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the purchaser,
or a lessee of the purchaser, primarily in the process of
manufacturing or assembling tangible personal property for wholesale
or retail sale or lease, whether the sale or lease is made directly
by the manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether the sale or lease is made apart from or as an
incident to the seller's engaging in the service occupation of
producing machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately stated on
customers' bills for purchase and consumption of food and beverages,
HOUSE OF REPRESENTATIVES 4197
to the extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or cleaning up
the food or beverage function with respect to which the service
charge is imposed.
(16) Petroleum products sold to a purchaser if the seller is
prohibited by federal law from charging tax to the purchaser.
(17) Tangible personal property sold to a common carrier by rail
or motor that receives the physical possession of the property in
Illinois and that transports the property, or shares with another
common carrier in the transportation of the property, out of Illinois
on a standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a destination
outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(19) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(21) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(22) Fuel and petroleum products sold to or used by an air
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(23) A transaction in which the purchase order is received by a
florist who is located outside Illinois, but who has a florist
located in Illinois deliver the property to the purchaser or the
purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships, barges, or
vessels that are used primarily in or for the transportation of
property or the conveyance of persons for hire on rivers bordering on
this State if the fuel is delivered by the seller to the purchaser's
barge, ship, or vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident even
though the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State, and if
a driveaway decal permit is issued to the motor vehicle as provided
in Section 3-603 of the Illinois Vehicle Code or if the nonresident
purchaser has vehicle registration plates to transfer to the motor
vehicle upon returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state registration plates
to be transferred is prima facie evidence that the motor vehicle will
not be titled in this State.
4198 JOURNAL OF THE [May 13, 1999]
(26) Semen used for artificial insemination of livestock for
direct agricultural production.
(27) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(28) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(29) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(30) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(31) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(32) A motor vehicle, as that term is defined in Section 1-146
of the Illinois Vehicle Code, that is donated to a corporation,
limited liability company, society, association, foundation, or
institution that is determined by the Department to be organized and
operated exclusively for educational purposes. For purposes of this
exemption, "a corporation, limited liability company, society,
association, foundation, or institution organized and operated
exclusively for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and that
compare favorably in their scope and intensity with the course of
study presented in tax-supported schools, and vocational or technical
schools or institutes organized and operated exclusively to provide a
course of study of not less than 6 weeks duration and designed to
prepare individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-519, eff. 6-1-98; 90-552, eff.
12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.)
Section 99. Effective date. This Act takes effect upon becoming
HOUSE OF REPRESENTATIVES 4199
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 542 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 702
A bill for AN ACT to amend the Agricultural Areas Conservation
and Protection Act by changing Section 3.01.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 702.
Senate Amendment No. 2 to HOUSE BILL NO. 702.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 702 by replacing the title
with the following:
"AN ACT to create the the Metro-East Park and Recreation District
Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Metro-East Park and Recreation District Act.
Section 5. Definitions. In this Act:
"Board" means the board of directors of a metro-east park and
recreation district
"Chief executive officer" means the chairman of the county board
of a county.
"County" means Madison, St. Clair, Monroe, Clinton, or Jersey
County.
"District" or "metro-east district" means a metro-east park
district created under this Act.
"Governing body" means a county board.
"Metro-east park and recreation fund" means the fund held in the
treasury of the county providing the largest financial contribution
to a district, as appropriate, that is the repository for all taxes
and other moneys raised by or for the district under this Act.
"Metro-east region" means Madison, St. Clair, Monroe, Clinton,
and Jersey Counties.
"Park district" means a park district organized under the Park
District Code.
Section 10. Creation of metro-east park and recreation district.
(a) A metro-east park and recreation district may be created,
incorporated, and managed under this Section and may exercise the
4200 JOURNAL OF THE [May 13, 1999]
powers given to the district under this Act. Any county may be
included in a metro-east district if the voters in the county or
counties to be included in the district vote to be included in the
district. Any recreation system or public parks system that exists
within a metro-east district created under this Section shall remain
in existence with the same powers and responsibilities it had prior
to the creation of the metro-east district. Nothing in this Section
shall be construed in any manner to limit or prohibit:
(1) later establishment or cessation of any park or
recreation system provided for by law; or
(2) any powers and responsibilities of any park or
recreation system provided for by law.
(b) When a metro-east district is organized, it shall be a body
corporate and a political subdivision of this State, and the district
shall be known as the "Metro-East Park and Recreation District", and
in that name may sue and be sued, issue general revenue bonds, and
levy and collect taxes or fees under this Act.
(c) The metro-east district shall have as its primary duty the
development, operation, and maintenance of a public system of
interconnecting trails and parks throughout the counties comprising
the district. The metro-east district shall supplement but shall not
substitute for the powers and responsibilities of the other parks and
recreation systems within the metro-east district and shall have the
power to contract with other parks and recreation systems as well as
with other public and private entities.
Section 15. Creation of district; referendum.
(a) The governing body of a county may, by resolution, elect to
form a metro-east park and recreation district within the county.
The district may not be formed until the question of the formation of
the district has been submitted to the electors of the county at a
regular election and approved by a majority of the electors voting on
the question. The governing body must certify the question to the
proper election authority, which must submit the question at an
election in accordance with the Election Code.
The question must be submitted in substantially the following
form:
Shall there be organized in (name of county) a metro-east park
and recreation district for the purposes of improving water
quality; increasing park safety; providing neighborhood trails;
improving, restoring, and expanding parks; providing disabled and
expanded public access to recreational areas; preserving natural
lands for wildlife; and maintaining other recreation grounds
within the boundaries of the metro-east park and recreation
district; and shall (name of county) join the other counties in
the metro-east region that approve the formation of a metro-east
park and recreation district in the respective counties to form
one metro-east park and recreation district, with the authority
to levy a tax for the purposes stated above at (insert rate),
with 50% of the revenue going to the metro-east park and
recreation district and 50% of the revenue returned to the county
from which the tax was collected?
The votes must be recorded as "Yes" or "No"
In a proposed metro-east district that consists of only one
county, if a majority of the electors in that county voting on the
question vote in the affirmative, the metro-east district may be
organized. In a proposed metro-east district that consists of more
than one county, if a majority of the electors in any county proposed
for inclusion in the district voting on the question vote in the
affirmative, the metro-east district may be organized and that county
may be included in the district.
(b) After a metro-east district has been created, any county
HOUSE OF REPRESENTATIVES 4201
eligible for inclusion in the metro-east district may join the
district after the county submits the question of joining the
district to the electors of the county at a regular election. The
county board must submit the question to the proper election
authority, which must submit the question at an election in
accordance with the Election Code.
The question must be submitted in substantially the following
form:
Shall (name of county) join the Metro-East Park and
Recreation District with the authority levy a tax at (insert
rate), with 50% of the revenue going to the Metro-East Park and
Recreation District and 50% of the revenue returned to the county
from which the tax was collected?
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the
affirmative, the county shall be included in the district.
Section 20. Board of directors.
(a) If a metro-east district is organized in only one county, the
district shall be managed by a board of directors consisting of 3
members. Two members shall be appointed by the chief executive
officer, with the advice and consent of the county board, of the
county in which the district is located, and one member shall be
appointed by the minority members of county board with the advice and
consent of the county board. The first appointment shall be made
within 90 days and not sooner than 60 days after the district has
been organized. Each member of the board so appointed shall be a
legal voter in the district. The first directors shall be appointed
to hold office for terms of one, 2, and 3 years, and until June 30
thereafter, respectively, as determined by lot. Thereafter,
successors shall be appointed in the same manner no later than the
first day of the month in which the term of a director expires. All
terms expire if another county joins the district.
A vacancy occurring otherwise than by expiration of term shall be
filled in the same manner as the original appointment.
(b) If a metro-east district is organized in more than one
county, each county shall be represented by a certain number of board
members. The board members shall be distributed as follows:
(1) The chief executive officer, with the advice and consent
of the county board, of St. Clair county shall appoint 2 members
and the minority members of the county board, with the advice and
consent of the county board, shall appoint one member.
(2) The chief executive officer, with the advice and consent
of the county board, of Madison County shall appoint 2 members
and the minority members of the county board, with the advice and
consent of the county board, shall appoint one member.
(3) The chief executive officer, with the advice and consent
of the county board, of Clinton County shall appoint one member.
(4) The chief executive officer, with the advice and consent
of the county board, of Jersey County shall appoint one member.
(5) The chief executive officer, with the advice and consent
of the county board, of Monroe County shall appoint one member.
The board members shall serve 3-year terms, except that board
members first appointed shall be appointed to serve terms of one, 2,
or 3 years as determined by lot, provided that board members from
counties eligible to appoint more than one member may not serve
identical initial terms. On the expiration of the initial terms of
appointment and on the expiration of any subsequent term, the
resulting vacancy shall be filled in the same manner as the original
appointment. Board members shall serve until their successors are
appointed. Board members are eligible for reappointment.
(c) No board member may hold a public office in any county within
4202 JOURNAL OF THE [May 13, 1999]
the metro-east district, other than the office of notary public.
Board members must be citizens of the United States and they must
reside within the county from which they are appointed. No board
member may receive compensation for performance of duties as a board
member. No board member may be financially interested directly or
indirectly in any contract entered into under this Act.
(d) Promptly after their appointment, the initial board members
shall hold an organizational meeting at which they shall elect a
president and any other officers that they deem necessary from among
their number. The members shall make and adopt any bylaws, rules, and
regulations for their guidance and for the government of the parks,
neighborhood trails, and recreational grounds and facilities that may
be expedient and not inconsistent with this Act.
(5) Board members shall have the exclusive control of the
expenditures of all money collected to the credit of the metro-east
park and recreation fund created pursuant to Section 35, and of the
supervision, improvement, care, and custody of public parks,
neighborhood trails, recreational facilities, and grounds owned,
maintained, or managed by the metro-east district. All moneys
received for those purposes shall be deposited in the treasury of the
county providing the largest financial contribution to the district
to the credit of the metro-east park and recreation fund and shall be
kept separate and apart from the other moneys of the county. The
board shall have power to purchase or otherwise secure ground to be
used for parks, neighborhood trails, recreational facilities, and
grounds; shall have power to appoint suitable persons to maintain
the parks, neighborhood trails, recreational grounds, and facilities
and to administer recreational programs and to fix their
compensation; and shall have power to remove those appointees. The
board shall keep accurate records of all its proceedings and actions
and shall comply with the provisions of the Open Meetings Act and the
Freedom of Information Act.
Section 25. Powers and duties.
(a) A metro-east park and recreation district has the power to:
(1) issue bonds, notes, or other obligations for any of the
purposes of the district, and to refund the bonds, notes, or
obligations, as provided in Section 40;
(2) contract, as provided by law, with public and private
entities or individuals both within and without the State and
contract with the United States or any agency thereof in
furtherance of any of the purposes of the district;
(3) own, hold, control, lease, purchase from willing
sellers, contract, and sell any and all rights in land,
buildings, improvements, and any and all other real, personal, or
mixed property, provided that real property within a county may
be purchased by the district only if a majority of the board
members from the county in which the real property is located
consent to the acquisition;
(4) receive property, both real and personal, or money that
has been granted, donated, devised, or bequeathed to the
district;
(5) establish and collect reasonable charges for the use of
the facilities of the district; and
(6) maintain an office and staff at any place or places in
this State that it may designate and conduct any business and
operations that are necessary to fulfill the district's duties
under this Section.
(b) When a public highway, street, or road extends into or
through a public trail, trail area, or park area of a metro-east
district, or when a public highway, street, or road forms all or part
of a suitable connection between 2 or more public trails, trail
HOUSE OF REPRESENTATIVES 4203
areas, or park areas within a metro-east district, and it is
advisable by the board to make alterations in the route or width of
the highway or to grade, drain, pave, or otherwise improve the
highway, the board may enter into agreements, consistent with the
purposes of the metro-east district, with the public agency in
control of the portion of the highway, street, or road that lies
within any, or forms any part of, a connecting link to and between
any public trail, trail area, or park area of a metro-east district.
Any agreement with any public agency must be consistent with the
provisions of the Intergovernmental Cooperation Act.
This subsection does not alter the legal status of the highway,
street, or road in any way.
(c) The metro-east district does not have any power of eminent
domain.
Section 30. Taxes.
(a) The board shall levy a Retailers' Occupation Tax upon all
persons engaged in the business of selling tangible personal property
in the district. The amount of the tax levied may not exceed the rate
of one-tenth of one percent on the gross receipts of all taxable
sales made in the course of that business.
The tax imposed under this Section and all civil penalties that
may be assessed as an incident thereof shall be collected and
enforced by the State Department of Revenue. The Department shall
have full power to administer and enforce this Section; to collect
all taxes and penalties so collected in the manner hereinafter
provided; and to determine all rights to credit memoranda arising on
account of the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the Department
and persons who are subject to this Section shall have the same
rights, remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms, and employ the same
modes of procedure, as are prescribed in Sections 1, la, la-1, lc,
ld, le, lf, li, lj, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to the
disposition of taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 51, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12
and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those provisions
were set forth herein.
Persons subject to any tax imposed under the authority granted in
this Section may reimburse themselves for their seller's tax
liability hereunder by separately stating the tax as an additional
charge, which charge may be stated in combination in a single amount
with State taxes that sellers are required to collect under the Use
Tax Act, under any bracket schedules the Department may prescribe.
If a tax is imposed under this subsection (a), a tax shall also
be imposed under subsections (b) and (c) of this Section.
Nothing in this Section shall be construed to authorize the
district to impose a tax upon the privilege of engaging in any
business that under the Constitution of the United States may not be
made the subject of taxation by this State.
(b) If a tax has been imposed under subsection (a), a tax shall
also be imposed upon all persons engaged in the district in the
business of making sales of service who, as an incident to making the
sales of service, transfer tangible personal property within the
district, either in the form of tangible personal property or in the
form of real estate as an incident to a sale of service.
The rate shall be one-tenth of one percent on the selling price
of all tangible personal property transferred.
The tax imposed under this subsection and all civil penalties
4204 JOURNAL OF THE [May 13, 1999]
that may be assessed as an incident thereof shall be collected and
enforced by the State Department of Revenue. The Department shall
have full power to administer and enforce this subsection; to collect
all taxes and penalties due hereunder; to dispose of taxes and
penalties collected in the manner hereinafter provided; and to
determine all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the administration
of and compliance with this paragraph, the Department and persons who
are subject to this paragraph shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50
(in respect to all provisions therein other than the State rate of
tax), 4 (except that the reference to the State shall be to the
district), 5, 7, 8 (except that the jurisdiction to which the tax
shall be a debt to the extent indicated in that Section 8 shall be
the district), 9 (except as to the disposition of taxes and penalties
collected, and except that the returned merchandise credit for this
tax may not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation Tax
Act), 13 (except that any reference to the State shall mean the
district), the first paragraph of Section 15, 16, 17, 18, 19 and 20
of the Service Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were set
forth herein.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax
liability hereunder by separately stating the tax as an additional
charge, that charge may be stated in combination in a single amount
with State tax that servicemen are authorized to collect under the
Service Use Tax Act, under any bracket schedules the Department may
prescribe.
Nothing in this paragraph shall be construed to authorize the
district to impose a tax upon the privilege of engaging in any
business that under the Constitution of the United States may not be
made the subject of taxation by the State.
(c) If a tax has been imposed under subsection (a), a tax shall
also be imposed upon the privilege of using in the district any item
of tangible personal property that is purchased outside the district
at retail from a retailer and that is titled or registered with an
agency of this State's government.
The tax rate shall be one-tenth of one percent on the selling
price of the tangible personal property, as "selling price" is
defined in the Use Tax Act. The tax shall be collected from persons
whose Illinois address for titling or registration purposes is given
as being in the district. The tax shall be collected by the
Department of Revenue for the district. The tax must be paid to the
State, or an exemption determination must be obtained from the
Department of Revenue, before the title or certificate of
registration for the property may be issued. The tax or proof of
exemption may be transmitted to the Department by way of the State
agency with which, or the State officer with whom, the tangible
personal property must be titled or registered if the Department and
the State agency or State officer determine that this procedure will
expedite the processing of applications for title or registration.
The Department shall have full power to administer and enforce
this subsection; to collect all taxes, penalties and interest due
hereunder; to dispose of taxes, penalties and interest collected in
the manner hereinafter provided; and to determine all rights to
credit memoranda or refunds arising on account of the erroneous
HOUSE OF REPRESENTATIVES 4205
payment of tax, penalty or interest hereunder. In the administration
of and compliance with this subsection, the Department and persons
who are subject to this subsection shall have the same rights,
remedies, privileges, immunities, powers and duties, and be subject
to the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms and employ the same
modes of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the State
rate of tax, and except provisions concerning collection or refunding
of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the
portions pertaining to claims by retailers and except the last
paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act, and
are not inconsistent with this paragraph, as fully as if those
provisions were set forth herein.
Section 35. Allocation of moneys collected. The taxes authorized
by Section 30 of this Act shall be allocated as follows:
(1) Fifty percent of the amounts collected from each county
shall be returned to that county for park and recreation purposes,
except that not less than 50% of the amount returned to the county
shall be allocated for distribution annually to park districts and
municipal park and recreation departments within the county in the
form of grants. Each county in the district shall establish a grant
commission of not less than 3 members with equal representation from
the county board and municipalities and park districts in the county.
The grant commission shall award grants to park districts and
municipalities for park and recreation purposes.
(2) Fifty percent of the amounts collected from each county
shall be returned to the district for deposit into the metro-east
park and recreation district fund in the treasury of the county
providing the largest financial contribution to the district. Moneys
in the metro-east park and recreation district fund shall be kept
separate and apart from the other moneys of the county.
Section 40. Bonds. The board of any district organized under
this Act may issue and sell revenue bonds, payable from the revenue
derived from taxes levied under Section 30, for any of the purposes
enumerated in this Act or for the purpose of refunding any revenue
bonds theretofore issued from time to time when considered necessary
or advantageous in the public interest. These bonds shall be
authorized by an ordinance without submission thereof to the electors
of the district, shall mature at any time not to exceed 40 years from
the date of issue, shall bear any rate of interest not to exceed the
maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, that the board may determine,
and may be sold by the board in any manner that it deems best in the
public interest. However, the bonds shall be sold at any price that
the interest cost of the proceeds therefrom will not exceed the
maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, based on the average maturity
of the bonds and computed according to standard tables of bond
values. No member of the board shall have any personal economic
interest in any bonds issued in accordance with this Section.
The board of any district availing itself of the provisions of
this Section shall adopt an ordinance describing in a general way the
purposes for which the bonds will be issued. The ordinance shall fix
the amount of revenue bonds proposed to be issued, the maturity,
interest rate, and all details in respect thereof, including any
provision for redemption prior to maturity, with or without premium,
and upon any notice that may be provided by the ordinance.
Revenue bonds issued under this Section shall be signed by the
chairman and secretary of the board or any other officers that the
4206 JOURNAL OF THE [May 13, 1999]
board may by ordinance direct to sign the bonds, and shall be payable
from revenue derived from taxes levied under Section 30. These bonds
may not in any event constitute an indebtedness of the district
within the meaning of any constitutional provision or limitation. It
shall be plainly written or printed on the face of each bond that the
bond has been issued under the provisions of this Section, that the
bond, including the interest thereon, is payable from the revenue
pledged to the payment thereof, and that it does not constitute an
indebtedness or obligation of the district within the meaning of any
constitutional or statutory limitation or provision. No holder of
any such revenue bond may compel any exercise of the taxing power of
the district to pay the bond or interest thereon.
The district may not issue any bonds under this Section unless a
public hearing, with adequate notice to the public, is held prior to
the issuance of the bonds. Notice of the hearing giving the purpose,
time, and place of the hearing shall be published at least once, not
more than 30 nor less than 15 days before the hearing, in one or more
newspapers published in the district.".
AMENDMENT NO. 2. Amend House Bill 702 by replacing the title
with the following:
"AN ACT in relation to the Metro-East Park and Recreation
District."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Metro-East Park and Recreation District Act.
Section 5. Definitions. In this Act:
"Board" means the board of directors of the Metro-East Park and
Recreation District
"Chief executive officer" means the chairman of the county board
of a county.
"County" means Madison, St. Clair, Monroe, Clinton, or Jersey
County.
"District" or "Metro-East District" means the Metro-East Park and
Recreation District created under this Act.
"Governing body" means a county board.
"Metro-East Park and Recreation Fund" means the fund held by the
district that is the repository for all taxes and other moneys raised
by or for the district under this Act.
"Metro-East region" means Madison, St. Clair, Monroe, Clinton,
and Jersey Counties.
"Park district" means a park district organized under the Park
District Code.
Section 10. Creation of Metro-East Park and Recreation District.
(a) The Metro-East Park and Recreation District may be created,
incorporated, and managed under this Section and may exercise the
powers given to the District under this Act. Any county may be
included in the Metro-East District if the voters in the county or
counties to be included in the District vote to be included in the
District. Any recreation system or public parks system that exists
within the Metro-East District created under this Section shall
remain in existence with the same powers and responsibilities it had
prior to the creation of the Metro-East District. Nothing in this
Section shall be construed in any manner to limit or prohibit:
(1) later establishment or cessation of any park or
recreation system provided for by law; or
(2) any powers and responsibilities of any park or
recreation system provided for by law.
(b) When the Metro-East District is organized, it shall be a
body corporate and a political subdivision of this State, and the
District shall be known as the "Metro-East Park and Recreation
HOUSE OF REPRESENTATIVES 4207
District", and in that name may sue and be sued, issue general
revenue bonds, and impose and collect taxes or fees under this Act.
(c) The Metro-East District shall have as its primary duty the
development, operation, and maintenance of a public system of
interconnecting trails and parks throughout the counties comprising
the District. The Metro-East District shall supplement but shall not
substitute for the powers and responsibilities of the other parks and
recreation systems within the Metro-East District and shall have the
power to contract with other parks and recreation systems as well as
with other public and private entities.
Section 15. Creation of district; referendum.
(a) The governing body of a county may, by resolution, elect to
create the Metro-East Park and Recreation District. The Metro-East
District shall be established at a referendum on the question of the
formation of the district that is submitted to the electors of a
county at a regular election and approved by a majority of the
electors voting on the question. The governing body must certify the
question to the proper election authority, which must submit the
question at an election in accordance with the Election Code.
The question must be submitted in substantially the following
form:
Shall the Metro-East Park and Recreation District be created
for the purposes of improving water quality; increasing park
safety; providing neighborhood trails; improving, restoring, and
expanding parks; providing disabled and expanded public access to
recreational areas; preserving natural lands for wildlife; and
maintaining other recreation grounds within the boundaries of the
Metro-East Park and Recreation District; and shall (name of
county) join any other counties in the Metro-East region that
approve the formation of the Metro-East Park and Recreation
District, with the authority to impose a Metro-East Park and
Recreation District Retailers' Occupation Tax at a rate of
one-tenth of 1% upon all persons engaged in the business of
selling tangible personal property at retail in the district on
gross receipts on the sales made in the course of their business
for the purposes stated above, with 50% of the revenue going to
the Metro-East Park and Recreation District and 50% of the
revenue returned to the county from which the tax was collected?
The votes must be recorded as "Yes" or "No"
In the proposed Metro-East District that consists of only one
county, if a majority of the electors in that county voting on the
question vote in the affirmative, the Metro-East District may be
organized. In the proposed Metro-East District that consists of more
than one county, if a majority of the electors in any county proposed
for inclusion in the District voting on the question vote in the
affirmative, the Metro-East District may be organized and that county
may be included in the District.
(b) After the Metro-East District has been created, any county
eligible for inclusion in the Metro-East District may join the
District after the county submits the question of joining the
District to the electors of the county at a regular election. The
county board must submit the question to the proper election
authority, which must submit the question at an election in
accordance with the Election Code.
The question must be submitted in substantially the following
form:
Shall (name of county) join the Metro-East Park and
Recreation District with the authority to impose a Metro-East
Park and Recreation District Retailers' Occupation Tax at a rate
of one-tenth of 1% upon all persons engaged in the business of
selling tangible personal property at retail in the district on
4208 JOURNAL OF THE [May 13, 1999]
gross receipts on the sales made in the course of their business,
with 50% of the revenue going to the Metro-East Park and
Recreation District and 50% of the revenue returned to the county
from which the tax was collected?
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the
affirmative, the county shall be included in the district.
Section 20. Board of directors.
(a) If the Metro-East District is created by only one county, the
District shall be managed by a board of directors consisting of 3
members. Two members shall be appointed by the chief executive
officer, with the advice and consent of the county board, of the
county in which the District is located, and one member shall be
appointed by the minority members of county board with the advice and
consent of the county board. The first appointment shall be made
within 90 days and not sooner than 60 days after the District has
been organized. Each member of the board so appointed shall be a
legal voter in the District. The first directors shall be appointed
to hold office for terms of one, 2, and 3 years, and until June 30
thereafter, respectively, as determined by lot. Thereafter,
successors shall be appointed in the same manner no later than the
first day of the month in which the term of a director expires. All
terms expire if another county joins the District.
A vacancy occurring otherwise than by expiration of term shall be
filled in the same manner as the original appointment.
(b) If the Metro-East District is created by more than one
county, each county that elects to join the District shall be
represented by a certain number of board members. The board members
shall be distributed from the counties electing to join the District
as follows:
(1) The chief executive officer, with the advice and consent
of the county board, of St. Clair county shall appoint 2 members
and the minority members of the county board, with the advice and
consent of the county board, shall appoint one member.
(2) The chief executive officer, with the advice and consent
of the county board, of Madison County shall appoint 2 members
and the minority members of the county board, with the advice and
consent of the county board, shall appoint one member.
(3) The chief executive officer, with the advice and consent
of the county board, of Clinton County shall appoint one member.
(4) The chief executive officer, with the advice and consent
of the county board, of Jersey County shall appoint one member.
(5) The chief executive officer, with the advice and consent
of the county board, of Monroe County shall appoint one member.
The board members shall serve 3-year terms, except that board
members first appointed shall be appointed to serve terms of one, 2,
or 3 years as determined by lot, provided that board members from
counties eligible to appoint more than one member may not serve
identical initial terms. On the expiration of the initial terms of
appointment and on the expiration of any subsequent term, the
resulting vacancy shall be filled in the same manner as the original
appointment. Board members shall serve until their successors are
appointed. Board members are eligible for reappointment.
(c) No board member may hold a public office in any county within
the Metro-East District, other than the office of notary public.
Board members must be citizens of the United States and they must
reside within the county from which they are appointed. No board
member may receive compensation for performance of duties as a board
member. No board member may be financially interested directly or
indirectly in any contract entered into under this Act.
(d) Promptly after their appointment, the initial board members
HOUSE OF REPRESENTATIVES 4209
shall hold an organizational meeting at which they shall elect a
president and any other officers that they deem necessary from among
their number. The members shall make and adopt any bylaws, rules, and
regulations for their guidance and for the government of the parks,
neighborhood trails, and recreational grounds and facilities that may
be expedient and not inconsistent with this Act.
(5) Board members shall have the exclusive control of the
expenditures of all money collected to the credit of the Metro-East
Park and Recreation Fund created pursuant to Section 35, and of the
supervision, improvement, care, and custody of public parks,
neighborhood trails, recreational facilities, and grounds owned,
maintained, or managed by the Metro-East District. All moneys
received for those purposes shall be deposited in the Metro-East Park
and Recreation Fund. The board shall have power to purchase or
otherwise secure ground to be used for parks, neighborhood trails,
recreational facilities, and grounds; shall have power to appoint
suitable persons to maintain the parks, neighborhood trails,
recreational grounds, and facilities and to administer recreational
programs and to fix their compensation; and shall have power to
remove those appointees. The board shall keep accurate records of all
its proceedings and actions and shall comply with the provisions of
the Open Meetings Act and the Freedom of Information Act.
Section 25. Powers and duties.
(a) The Metro-East Park and Recreation District has the power
to:
(1) issue bonds, notes, or other obligations for any of the
purposes of the District, and to refund the bonds, notes, or
obligations, as provided in Section 40;
(2) contract, as provided by law, with public and private
entities or individuals both within and without the State and
contract with the United States or any agency thereof in
furtherance of any of the purposes of the District;
(3) own, hold, control, lease, purchase from willing
sellers, contract, and sell any and all rights in land,
buildings, improvements, and any and all other real, personal, or
mixed property, provided that real property within a county may
be purchased by the District only if a majority of the board
members from the county in which the real property is located
consent to the acquisition;
(4) receive property, both real and personal, or money that
has been granted, donated, devised, or bequeathed to the
District;
(5) establish and collect reasonable charges for the use of
the facilities of the District; and
(6) maintain an office and staff at any place or places in
this State that it may designate and conduct any business and
operations that are necessary to fulfill the District's duties
under this Section.
(b) When a public highway, street, or road extends into or
through a public trail, trail area, or park area of the Metro-East
District, or when a public highway, street, or road forms all or part
of a suitable connection between 2 or more public trails, trail
areas, or park areas within the Metro-East District, and it is
advisable by the board to make alterations in the route or width of
the highway or to grade, drain, pave, or otherwise improve the
highway, the board may enter into agreements, consistent with the
purposes of the Metro-East District, with the public agency in
control of the portion of the highway, street, or road that lies
within any, or forms any part of, a connecting link to and between
any public trail, trail area, or park area of the Metro-East
District. Any agreement with any public agency must be consistent
4210 JOURNAL OF THE [May 13, 1999]
with the provisions of the Intergovernmental Cooperation Act.
This subsection does not alter the legal status of the highway,
street, or road in any way.
(c) The Metro-East District does not have any power of eminent
domain.
Section 30. Taxes.
(a) The board shall impose a tax upon all persons engaged in the
business of selling tangible personal property, other than personal
property titled or registered with an agency of this State's
government, at retail in the District on the gross receipts from the
sales made in the course of business. This tax shall be imposed only
at the rate of one-tenth of one per cent.
This additional tax may not be imposed on the sales of food for
human consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks, and food which has
been prepared for immediate consumption) and prescription and
non-prescription medicines, drugs, medical appliances, and insulin,
urine testing materials, syringes, and needles used by diabetics. The
tax imposed by the Board under this Section and all civil penalties
that may be assessed as an incident of the tax shall be collected and
enforced by the Department of Revenue. The certificate of
registration that is issued by the Department to a retailer under the
Retailers' Occupation Tax Act shall permit the retailer to engage in
a business that is taxable without registering separately with the
Department under an ordinance or resolution under this Section. The
Department has full power to administer and enforce this Section, to
collect all taxes and penalties due under this Section, to dispose of
taxes and penalties so collected in the manner provided in this
Section, and to determine all rights to credit memoranda arising on
account of the erroneous payment of a tax or penalty under this
Section. In the administration of and compliance with this Section,
the Department and persons who are subject to this Section shall (i)
have the same rights, remedies, privileges, immunities, powers, and
duties, (ii) be subject to the same conditions, restrictions,
limitations, penalties, and definitions of terms, and (iii) employ
the same modes of procedure as are prescribed in Sections 1, 1a,
1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2, 2-5, 2-5.5, 2-10 (in respect
to all provisions contained in those Sections other than the State
rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions
relating to transaction returns and quarter monthly payments), 4, 5,
5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and
the Uniform Penalty and Interest Act as if those provisions were set
forth in this Section.
Persons subject to any tax imposed under the authority granted in
this Section may reimburse themselves for their sellers' tax
liability by separately stating the tax as an additional charge,
which charge may be stated in combination, in a single amount, with
State tax which sellers are required to collect under the Use Tax
Act, pursuant to such bracketed schedules as the Department may
prescribe.
Whenever the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the order to be drawn for the amount specified and to the
person named in the notification from the Department. The refund
shall be paid by the State Treasurer out of the State Metro-East Park
and Recreation District Fund.
(b) If a tax has been imposed under subsection (a), a service
occupation tax shall also be imposed at the same rate upon all
persons engaged, in the District, in the business of making sales of
HOUSE OF REPRESENTATIVES 4211
service, who, as an incident to making those sales of service,
transfer tangible personal property within the District as an
incident to a sale of service. This tax may not be imposed on sales
of food for human consumption that is to be consumed off the premises
where it is sold (ohter than alcoholic beverages, soft drinks, and
food prepared for immediate consumption) and prescription and
non-prescription medicines, drugs, medical appliances, and insulin,
urine testing materials, syringes, and needles used by diabetics. The
tax imposed under this subsection and all civil penalties that may be
assessed as an incident thereof shall be collected and enforced by
the Department of Revenue. The Department has full power to
administer and enforce this subsection; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of, and
compliance with this subsection, the Department and persons who are
subject to this paragraph shall (i) have the same rights, remedies,
privileges, immunities, powers, and duties, (ii) be subject to the
same conditions, restrictions, limitations, penalties, exclusions,
exemptions, and definitions of terms, and (iii) employ the same modes
of procedure as are prescribed in Sections 2 (except that the
reference to State in the definition of supplier maintaining a place
of business in this State shall mean the District), 2a, 2b, 2c, 3
through 3-50 (in respect to all provisions therein other than the
State rate of tax), 4 (except that the reference to the State shall
be to the District), 5, 7, 8 (except that the jurisdiction to which
the tax shall be a debt to the extent indicated in that Section 8
shall be the District), 9 (except as to the disposition of taxes and
penalties collected), 10, 11, 12 (except the reference therein to
Section 2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the District), Section 15, 16, 17,
18, 19 and 20 of the Service Occupation Tax Act and the Uniform
Penalty and Interest Act, as fully as if those provisions were set
forth herein.
Persons subject to any tax imposed under the authority granted in
this subsection may reimburse themselves for their serviceman's tax
liability by separately stating the tax as an additional charge,
which charge may be stated in combination, in a single amount, with
State tax that servicemen are authorized to collect under the Service
Use Tax Act, in accordance with such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made
under this subsection to a claimant instead of issuing a credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the warrant to be drawn for the amount specified, and to
the person named, in the notification from the Department. The
refund shall be paid by the State Treasurer out of the State
Metro-East Park and Recreation District Fund.
Nothing in this subsection shall be construed to authorize the
board to impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States may not be made the
subject of taxation by the State.
(c) The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties collected
under this Section to be deposited into the State Metro-East Park and
Recreation District Fund, which shall be an unappropriated trust fund
held outside of the State treasury. On or before the 25th day of
each calendar month, the Department shall prepare and certify to the
Comptroller the disbursement of stated sums of money pursuant to
Section 35 of this Act to the District from which retailers have paid
4212 JOURNAL OF THE [May 13, 1999]
taxes or penalties to the Department during the second preceding
calendar month. The amount to be paid to the District shall be the
amount (not including credit memoranda) collected under this Section
during the second preceding calendar month by the Department plus an
amount the Department determines is necessary to offset any amounts
that were erroneously paid to a different taxing body, and not
including (i) an amount equal to the amount of refunds made during
the second preceding calendar month by the Department on behalf of
the District and (ii) any amount that the Department determines is
necessary to offset any amounts that were payable to a different
taxing body but were erroneously paid to the District. Within 10
days after receipt by the Comptroller of the disbursement
certification to the District provided for in this Section to be
given to the Comptroller by the Department, the Comptroller shall
cause the orders to be drawn for the respective amounts in accordance
with directions contained in the certification.
(d) For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer of coal
or another mineral mined in Illinois is a sale at retail at the place
where the coal or other mineral mined in Illinois is extracted from
the earth. This paragraph does not apply to coal or another mineral
when it is delivered or shipped by the seller to the purchaser at a
point outside Illinois so that the sale is exempt under the United
States Constitution as a sale in interstate or foreign commerce.
(e) Nothing in this Section shall be construed to authorize the
board to impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be made the
subject of taxation by this State.
(f) An ordinance imposing a tax under this Section or an
ordinance extending the imposition of a tax to an additional county
or counties shall be certified by the board and filed with the
Department of Revenue either (i) on or before the first day of April,
whereupon the Department shall proceed to administer and enforce the
tax as of the first day of July next following the filing; or (ii) on
or before the first day of October, whereupon the Department shall
proceed to administer and enforce the tax as of the first day of
January next following the filing.
(g) When certifying the amount of a monthly disbursement to the
District under this Section, the Department shall increase or
decrease the amounts by an amount necessary to offset any
misallocation of previous disbursements. The offset amount shall be
the amount erroneously disbursed within the previous 6 months from
the time a misallocation is discovered.
Section 35. Allocation of moneys collected. The taxes authorized
by Section 30 of this Act shall be allocated as follows:
(1) Fifty percent of the amounts collected from each county
shall be returned to the Metro-East District for distribution by the
District to each respective county for park and recreation purposes,
except that not less than 50% of the amount returned to the county
shall be allocated for distribution annually to park districts and
municipal park and recreation departments within the county in the
form of grants. Each county in the district shall establish a grant
commission of not less than 3 members with equal representation from
the county board and municipalities and park districts in the county.
The grant commission shall award grants to park districts and
municipalities for park and recreation purposes.
(2) Fifty percent of the amounts collected from each county
shall be retained by the District for deposit by the District into
the Metro-East Park and Recreation District Fund.
Section 40. Bonds. The board of the District created under this
Act may issue and sell revenue bonds, payable from the revenue
HOUSE OF REPRESENTATIVES 4213
derived from taxes imposed under Section 30, for any of the purposes
enumerated in this Act or for the purpose of refunding any revenue
bonds theretofore issued from time to time when considered necessary
or advantageous in the public interest. These bonds shall be
authorized by an ordinance without submission thereof to the electors
of the District, shall mature at any time not to exceed 40 years from
the date of issue, shall bear any rate of interest not to exceed the
maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, that the board may determine,
and may be sold by the board in any manner that it deems best in the
public interest. However, the bonds shall be sold at any price that
the interest cost of the proceeds therefrom will not exceed the
maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, based on the average maturity
of the bonds and computed according to standard tables of bond
values. No member of the board shall have any personal economic
interest in any bonds issued in accordance with this Section.
The board of the District, when availing itself of the provisions
of this Section, shall adopt an ordinance describing in a general way
the purposes for which the bonds will be issued. The ordinance shall
fix the amount of revenue bonds proposed to be issued, the maturity,
interest rate, and all details in respect thereof, including any
provision for redemption prior to maturity, with or without premium,
and upon any notice that may be provided by the ordinance.
Revenue bonds issued under this Section shall be signed by the
chairman and secretary of the board or any other officers that the
board may by ordinance direct to sign the bonds, and shall be payable
from revenue derived from taxes imposed under Section 30. These
bonds may not in any event constitute an indebtedness of the District
within the meaning of any constitutional provision or limitation. It
shall be plainly written or printed on the face of each bond that the
bond has been issued under the provisions of this Section, that the
bond, including the interest thereon, is payable from the revenue
pledged to the payment thereof, and that it does not constitute an
indebtedness or obligation of the District within the meaning of any
constitutional or statutory limitation or provision. No holder of
any such revenue bond may compel any exercise of the taxing power of
the district to pay the bond or interest thereon.
The District may not issue any bonds under this Section unless a
public hearing, with adequate notice to the public, is held prior to
the issuance of the bonds. Notice of the hearing giving the purpose,
time, and place of the hearing shall be published at least once, not
more than 30 nor less than 15 days before the hearing, in one or more
newspapers published in the District.
Section 45. Report. The board shall, by the end of the
District's fiscal year, submit a financial report to the State
Comptroller.
Section 900. The Property Tax Code is amended by changing
Section 15-105 as follows:
(35 ILCS 200/15-105)
Sec. 15-105. Park and conservation districts. 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.
Also exempt is all property belonging to any park or conservation
district with less than 2,000,000 inhabitants, and all property
leased to a park district for $1 or less per year and used
4214 JOURNAL OF THE [May 13, 1999]
exclusively as open space for recreational purposes, not exceeding 20
acres in the aggregate for each district.
Also exempt is all property belonging to a park district
organized pursuant to the Metro-East Park and Recreation District
Act.
(Source: P.A. 78-371; 88-455.)
Section 999. Effective date. This Act takes effect upon
becoming law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 702 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 777
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-1-22.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 777.
Senate Amendment No. 2 to HOUSE BILL NO. 777.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 777 by replacing the title
with the following:
"AN ACT in relation to prisoners."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Nursing Home Care Act is amended by adding
Section 2-216 as follows:
(210 ILCS 45/2-216 new)
Sec. 2-216. The provisions of this Article II do not apply to
committed persons, as defined in Section 3-1-2 of the Unified Code of
Corrections, who reside in a nursing facility licensed under this
Act. Committed persons are entitled to all rights and protections as
provided under the Unified Code of Corrections, the Juvenile Court
Act of 1987, and the Americans With Disabilities Act of 1990 (42 USC
12101 et seq.) and the regulations promulgated under that Act.
Section 10. The Unified Code of Corrections is amended by
changing Section 3-6-2 as follows:
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by the
Director. A chief administrative officer shall be responsible for
HOUSE OF REPRESENTATIVES 4215
all persons assigned to the institution or facility. The chief
administrative officer shall administer the programs of the
Department for the custody and treatment of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the emergency
powers to temporarily transfer individuals without formal procedures
to any State, county, municipal or regional correctional or detention
institution or facility in the State, subject to the acceptance of
such receiving institution or facility, or to designate any
reasonably secure place in the State as such an institution or
facility and to make transfers thereto. However, transfers made under
emergency powers shall be reviewed as soon as practicable under
Article 8, and shall be subject to Section 5-905 of the Juvenile
Court Act of 1987. This Section shall not apply to transfers to the
Department of Human Services which are provided for under Section
3-8-5 or Section 3-10-5.
(d) The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to attain
the achievement level equivalent to the completion of the twelfth
grade in the public school system in this State. Other higher levels
of attainment shall be encouraged and professional instruction shall
be maintained wherever possible. The Department may establish
programs of mandatory education and may establish rules and
regulations for the administration of such programs. A person
committed to the Department who, during the period of his or her
incarceration, participates in an educational program provided by or
through the Department and through that program is awarded or earns
the number of hours of credit required for the award of an associate,
baccalaureate, or higher degree from a community college, college, or
university located in Illinois shall reimburse the State, through the
Department, for the costs incurred by the State in providing that
person during his or her incarceration with the education that
qualifies him or her for the award of that degree. The costs for
which reimbursement is required under this subsection shall be
determined and computed by the Department under rules and regulations
that it shall establish for that purpose. However, interest at the
rate of 6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the person's
parole, mandatory supervised release, or release constituting a final
termination of his or her commitment to the Department until paid.
(e) A person committed to the Department who becomes in need of
medical or surgical treatment but is incapable of giving consent
thereto shall receive such medical or surgical treatment by the chief
administrative officer consenting on the person's behalf. Before the
chief administrative officer consents, he or she shall obtain the
advice of one or more physicians licensed to practice medicine in all
its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause death,
damage or impairment to bodily functions, or disfigurement; and
(2) that the person is not capable of giving consent to
such treatment; the chief administrative officer may give consent
for such medical or surgical treatment, and such consent shall be
deemed to be the consent of the person for all purposes,
including, but not limited to, the authority of a physician to
give such treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility, the
person may be removed therefrom under conditions prescribed by the
Department. The Department shall require the committed person
4216 JOURNAL OF THE [May 13, 1999]
receiving medical or dental services on a non-emergency basis to pay
a $2 co-payment to the Department for each visit for medical or
dental services at a place other than the institution or facility.
The amount of each co-payment shall be deducted from the committed
person's individual account. A committed person who is indigent is
exempt from the $2 co-payment and is entitled to receive medical or
dental services on the same basis as a committed person who is
financially able to afford the co-payment. A committed person in need
of long-term care due to age, chronic infirmity, or disability, or
any combination of these conditions, may be removed from an
institution or facility under conditions prescribed by the
Department. The Department must consider the seriousness of the
offense committed by the person and the person's current medical
condition, age, disability, prognosis, and prison record in
determining whether to transfer the person under this Section.
(g) Any person having sole custody of a child at the time of
commitment or any woman giving birth to a child after her commitment,
may arrange through the Department of Children and Family Services
for suitable placement of the child outside of the Department of
Corrections. The Director of the Department of Corrections may
determine that there are special reasons why the child should
continue in the custody of the mother until the child is 6 years old.
(h) The Department may provide Family Responsibility Services
which may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
separately or together, preceding the inmate's release; and
(6) a prerelease reunification staffing involving the
family advocate, the inmate and the child's counselor, or both
and the inmate.
(i) Prior to the release of any inmate who has a documented
history of intravenous drug use, and upon the receipt of that
inmate's written informed consent, the Department shall provide for
the testing of such inmate for infection with human immunodeficiency
virus (HIV) and any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). The testing provided under this
subsection shall consist of an enzyme-linked immunosorbent assay
(ELISA) test or such other test as may be approved by the Illinois
Department of Public Health. If the test result is positive, the
Western Blot Assay or more reliable confirmatory test shall be
administered. All inmates tested in accordance with the provisions of
this subsection shall be provided with pre-test and post-test
counseling. Notwithstanding any provision of this subsection to the
contrary, the Department shall not be required to conduct the testing
and counseling required by this subsection unless sufficient funds to
cover all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
(Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97; 90-14, eff.
7-1-97; 90-590, eff. 1-1-99.)
Section 15. The Illinois Prison Inspection Act is amended by
changing Section 3 as follows:
(730 ILCS 135/3) (from Ch. 38, par. 1103)
Sec. 3. The Illinois Department of Public Health may, with the
cooperation of the Department of Corrections, inspect all
institutional facilities of the Department of Corrections used to
incarcerate committed persons and report to the Director of
Corrections as to the sanitary conditions and needs of the
institutions and the medical facilities and services available. The
HOUSE OF REPRESENTATIVES 4217
Department of Public Health may also inspect hospitals and nursing
facilities in which committed persons reside to ensure that those
facilities meet applicable State regulations.
(Source: P.A. 87-860.)".
AMENDMENT NO. 2. Amend House Bill 777, AS AMENDED, with
reference to the page and line numbers of Senate Amendment No. 1, on
page 4, line 20, by inserting after "Department." the following:
"Any nursing facility that accepts these committed persons must first
obtain approval from the municipality in which the facility is
located. A nursing facility that accepts these committed persons may
not be located in a residential neighborhood."; and
on page 4, line 25, by inserting after "Section." the following:
"A committed person who is subject to the provisions of subdivision
(a)(2) of Section 3-6-3 of this Code does not qualify for transfer.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 777 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 835
A bill for AN ACT to amend the Illinois Municipal Code by
changing Section 3.1-40-50.
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. 835.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 835 as follows:
on page 1, below line 20, by inserting the following:
"This Section does not apply to municipalities with more than
500,000 inhabitants.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 835 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:
4218 JOURNAL OF THE [May 13, 1999]
HOUSE BILL 839
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 17-23.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 839.
Senate Amendment No. 2 to HOUSE BILL NO. 839.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 839 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by adding Article
16G."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding
Article 16G as follows:
(720 ILCS 5/Art. 16G heading new)
ARTICLE 16G
FINANCIAL IDENTITY THEFT LAW
(720 ILCS 5/16G-1 new)
Sec. 16G-1. Short title. This Article may be cited as the
Financial Identity Theft Law.
(720 ILCS 5/16G-5 new)
Sec. 16G-5. Legislative declaration.
(a) It is the public policy of this State that the substantial
burden placed upon the economy of this State as a result of the
rising incidence of financial identity theft and the negative effect
of this crime on the People of this State and its victims is a matter
of grave concern to the People of this State who have the right to be
protected in their health, safety, and welfare from the effects of
this crime, and therefore financial identity theft shall be
identified and dealt with swiftly and appropriately considering the
onerous nature of the crime.
(b) The widespread availability and unauthorized access to
personal identification information have led and will lead to a
substantial increase in identity theft related crimes.
(720 ILCS 5/16G-10 new)
Sec. 16G-10. Definitions. In this Article unless the context
otherwise requires:
(a) "Personal identification document" means a birth
certificate, a drivers license, a State identification card, a
public, government, or private employment identification card, a
social security card, a firearm owner's identification card, a credit
card, a debit card, or a passport issued to or on behalf of a person
other than the offender, or any such document made or altered in a
manner that it purports to have been made on behalf of or issued to
another person or by the authority of one who did not give that
authority.
(b) "Personal identifying information" means any of the
following information:
(1) A person's name;
HOUSE OF REPRESENTATIVES 4219
(2) A person's address;
(3) A person's telephone number;
(4) A person's drivers license number or State of Illinois
identification card as assigned by the Secretary of State of the
State of Illinois or a similar agency of another state;
(5) A person's Social Security number;
(6) A person's public, private, or government employer,
place of employment, or employment identification number;
(7) The maiden name of a person's mother;
(8) The number assigned to a person's depository account,
savings account, or brokerage account;
(9) The number assigned to a person's credit or debit card,
commonly known as a "Visa Card", "Master Card", "American Express
Card", "Discover Card", or other similar cards whether issued by
a financial institution, corporation, or business entity;
(10) Personal identification numbers;
(11) Electronic identification numbers;
(12) Digital signals;
(13) Any other numbers or information which can be used to
access a person's financial resources.
(720 ILCS 5/16G-15 new)
Sec. 16G-15. Financial identity theft.
(a) A person commits the offense of financial identity theft
when he or she knowingly uses any personal identifying information or
personal identification document of another person to obtain credit,
money, goods, services, or other property in the name of the other
person, without the written authorization of the other person and
knowingly representing that he or she is the other person or is
acting with the authorization of the other person.
(b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's identifying
information or document.
(c) When a charge of financial identity theft of credit, money,
goods, services, or other property exceeding a specified value is
brought the value of the credit, money, goods, services, or other
property is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(d) Sentence.
(1) Financial identity theft of credit, money, goods,
services, or other property not exceeding $300 in value is a
Class A misdemeanor. A person who has been previously convicted
of financial identity theft of less than $300 who is convicted of
a second or subsequent offense of financial identity theft of
less than $300 is guilty of a Class 4 felony. A person who has
been convicted of financial identity theft of less than $300 who
has been previously convicted of any type of theft, robbery,
armed robbery, burglary, residential burglary, possession of
burglary tools, home invasion, home repair fraud, aggravated home
repair fraud, or financial exploitation of an elderly or disabled
person is guilty of a Class 4 felony. When a person has any such
prior conviction, the information or indictment charging that
person shall state the prior conviction so as to give notice of
the State's intention to treat the charge as a felony. The fact
of the prior conviction is not an element of the offense and may
not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during the trial.
(2) Financial identity theft of credit, money, goods,
services, or other property exceeding $300 and not exceeding
$2,000 in value is a Class 4 felony.
(3) Financial identity theft of credit, money, goods,
services, or other property exceeding $2,000 and not exceeding
4220 JOURNAL OF THE [May 13, 1999]
$10,000 in value is a Class 3 felony.
(4) Financial identity theft of credit, money, goods,
services, or other property exceeding $10,000 and not exceeding
$100,000 in value is a Class 2 felony.
(5) Financial identity theft of credit, money, goods,
services, or other property exceeding $100,000 in value is a
Class 1 felony.
(720 ILCS 5/16G-20 new)
Sec. 16G-20. Aggravated financial identity theft.
(a) A person commits the offense of aggravated financial
identity theft when he or she commits the offense of financial
identity theft as set forth in subsection (a) of Section 16G-15
against a person 60 years of age or older or a disabled person as
defined in Section 16-1.3 of this Code.
(b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's identifying
information or document.
(c) When a charge of aggravated financial identity theft of
credit, money, goods, services, or other property exceeding a
specified value is brought the value of the credit, money, goods,
services, or other property is an element of the offense to be
resolved by the trier of fact as either exceeding or not exceeding
the specified value.
(d) A defense to aggravated financial identity theft does not
exist merely because the accused reasonably believed the victim to be
a person less than 60 years of age.
(e) Sentence.
(1) Aggravated financial identity theft of credit, money,
goods, services, or other property not exceeding $300 in value is
a Class 4 felony.
(2) Aggravated financial identity theft of credit, money,
goods, services, or other property exceeding $300 and not
exceeding $10,000 in value is a Class 3 felony.
(3) Aggravated financial identity theft of credit, money,
goods, services, or other property exceeding $10,000 in value and
not exceeding $100,000 in value is a Class 2 felony.
(4) Aggravated financial identity theft of credit, money,
goods, services, or other property exceeding $100,000 in value is
a Class 1 felony.
(5) A person who has been previously convicted of
aggravated financial identity theft regardless of the value of
the property involved who is convicted of a second or subsequent
offense of aggravated financial identity theft regardless of the
value of the property involved is guilty of a Class X felony.
(720 ILCS 5/16G-25 new)
Sec. 16G-25. Offenders interest in the property. It is no defense
to a charge of aggravated financial identity theft or financial
identity theft that the offender has an interest in the credit,
money, goods, services, or other property obtained in the name of the
other person.
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 839, AS AMENDED, with
reference to the page and line numbers of Senate Amendment No. 1, on
page 3, by replacing lines 23 through 27 with the following:
"person to fraudulently obtain credit, money, goods, services, or
other property in the name of the other person.".
The foregoing message from the Senate reporting Senate Amendments
HOUSE OF REPRESENTATIVES 4221
numbered 1 and 2 to HOUSE BILL 839 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 845
A bill for AN ACT to amend the Sanitary District Act of 1936 by
changing Sections 4.1, 5, 14, 32a.4, and 32a.4a.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 845.
Senate Amendment No. 3 to HOUSE BILL NO. 845.
Senate Amendment No. 4 to HOUSE BILL NO. 845.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 845 on page 2, by replacing
lines 9 and 10 with "published in the district or, if there is no
newspaper published in the district, in a newspaper published in the
county and having general circulation in such district., or If no
such newspaper is published in the district or county therein, by";
and
on page 2, by replacing lines 24 and 25 with "publication in a daily
or weekly newspaper published in the district or, if there is no
newspaper published in the district, in a newspaper published in the
county and having general circulation in the district, and the board
may reject"; and
on page 5, by replacing lines 12 and 13 with "at least once in one or
more newspapers published within the sanitary district or, if there
is no newspaper published in the district, in a newspaper published
in the county and having general circulation in the district. After".
AMENDMENT NO. 3. Amend House Bill 845, AS AMENDED, on page 1, by
replacing lines 1 and 2 with the following:
"AN ACT in relation to sanitary districts, amending named Acts."; and
on page 6, by inserting immediately after line 8 the following:
Section 10. The Sanitary District Act of 1917 is amended by
changing Section 3 as follows:
(70 ILCS 2405/3) (from Ch. 42, par. 301)
Sec. 3. A board of trustees shall be created, consisting of 5
members in any sanitary district which includes one or more
municipalities with a population of over 90,000 but less than 500,000
according to the most recent Federal census, and consisting of 3
members in any other district. However, for the Fox River Water
Reclamation District the board of trustees shall consist of 5
members. Each board of trustees shall be created for the government,
4222 JOURNAL OF THE [May 13, 1999]
control and management of the affairs and business of each sanitary
district organized under this act shall be created in the following
manner:
(1) If the district is located wholly within a single county,
the presiding officer of the county board, with the advice and
consent of the county board, shall appoint the trustees for the
district;
(2) If the district is located in more than one county, the
members of the General Assembly whose legislative districts encompass
any portion of the district shall appoint the trustees for the
district.
In any sanitary district which shall have a 3 member board of
trustees, within 60 days after the adoption of such act, the
appropriate appointing authority shall appoint three trustees not
more than 2 of whom shall be from one incorporated city, town or
village in districts in which are included 2 or more incorporated
cities, towns or villages, or parts of 2 or more incorporated cities,
towns or villages, who shall hold their office respectively for 1, 2
and 3 years, from the first Monday of May next after their
appointment and until their successors are appointed and have
qualified, and thereafter on or before the second Monday in April of
each year the appropriate appointing authority shall appoint one
trustee whose term shall be for 3 years commencing the first Monday
in May of the year in which he is appointed. The length of the term
of the first trustees shall be determined by lot at their first
meeting.
In the case of any sanitary district created after January 1,
1978 in which a 5 member board of trustees is required, the
appropriate appointing authority shall appoint 5 trustees, one of
whom shall hold office for one year, two of whom shall hold office
for 2 years, and 2 of whom shall hold office for 3 years from the
first Monday of May next after their respective appointments and
until their successors are appointed and have qualified. Thereafter,
on or before the second Monday in April of each year the appropriate
appointing authority shall appoint one trustee or 2 trustees, as
shall be necessary to maintain a 5 member board of trustees, whose
terms shall be for 3 years commencing the first Monday in May of the
year in which they are respectively appointed. The length of the
terms of the first trustees shall be determined by lot at their first
meeting.
In any sanitary district created prior to January 1, 1978 in
which a 5 member board of trustees is required as of January 1, 1978,
the two trustees already serving terms which do not expire on May 1,
1978 shall continue to hold office for the remainders of their
respective terms, and 3 trustees shall be appointed by the
appropriate appointing authority by April 10, 1978 and shall hold
office for terms beginning May 1, 1978. Of the three new trustees,
one shall hold office for 2 years and 2 shall hold office for 3 years
from May 1, 1978 and until their successors are appointed and have
qualified. Thereafter, on or before the second Monday in April of
each year the appropriate appointing authority shall appoint one
trustee or 2 trustees, as shall be necessary to maintain a 5 member
board of trustees, whose terms shall be for 3 years commencing the
first Monday in May of the year in which they are respectively
appointed. The lengths of the terms of the trustees who are to hold
office beginning May 1, 1978 shall be determined by lot at their
first meeting after May 1, 1978.
No more than 3 members of a 5 member board of trustees may be of
the same political party; except that in any sanitary district which
otherwise meets the requirements of this Section and which lies
within 4 counties of the State of Illinois, or in the Fox River Water
HOUSE OF REPRESENTATIVES 4223
Reclamation District; the appointments of the 5 members of the board
of trustees shall be made without regard to political party.
Within 60 days after the release of Federal census statistics
showing that a sanitary district having a 3 member board of trustees
contains one or more municipalities with a population over 90,000 but
less than 500,000, the appropriate appointing authority shall appoint
2 additional trustees to the board of trustees, one to hold office
for 2 years and one to hold office for 3 years from the first Monday
of May next after their appointment and until their successors are
appointed and have qualified. The lengths of the terms of these two
additional members shall be determined by lot at the first meeting of
the board of trustees held after the additional members take office.
The three trustees already holding office in the sanitary district
shall continue to hold office for the remainders of their respective
terms. Thereafter, on or before the second Monday in April of each
year the appropriate appointing authority shall appoint one trustee
or 2 trustees, as shall be necessary to maintain a 5 member board of
trustees, whose terms shall be for 3 years commencing the first
Monday in May of the year in which they are respectively appointed.
If any sanitary district having a 5 member board of trustees
shall cease to contain one or more municipalities with a population
over 90,000 but less than 500,000 according to the most recent
Federal census, then, for so long as that sanitary district does not
contain one or more such municipalities, on or before the second
Monday in April of each year the appropriate appointing authority
shall appoint one trustee whose term shall be for 3 years commencing
the first Monday in May of the year in which he is appointed. In
districts which include 2 or more incorporated cities, towns, or
villages, or parts of 2 or more incorporated cities, towns, or
villages, all of the trustees shall not be from one incorporated
city, town or village.
If a vacancy occurs on any board of trustees, the appropriate
appointing authority shall within 60 days appoint a trustee who shall
hold office for the remainder of the vacated term.
The appointing authority shall require each of the trustees to
enter into bond, with security to be approved by the appointing
authority, in such sum as the appointing authority may determine.
A majority of the board of trustees shall constitute a quorum but
a smaller number may adjourn from day to day. No trustee or employee
of such district shall be directly or indirectly interested in any
contract, work or business of the district, or the sale of any
article, the expense, price or consideration of which is paid by such
district; nor in the purchase of any real estate or property
belonging to the district, or which shall be sold for taxes or
assessments, or by virtue of legal process at the suit of the
district. Provided, that nothing herein shall be construed as
prohibiting the appointment or selection of any person as trustee or
employee whose only interest in the district is as owner of real
estate in the district or of contributing to the payment of taxes
levied by the district. The trustees shall have the power to provide
and adopt a corporate seal for the district.
Notwithstanding any other provision in this Section, in any
sanitary district created prior to the effective date of this
amendatory Act of 1985, in which a five member board of trustees has
been appointed and which currently includes one or more
municipalities with a population of over 90,000 but less than
500,000, the board of trustees shall consist of five members.
(Source: P.A. 89-502, eff. 6-28-96.)
AMENDMENT NO. 4. Amend House Bill 845 on page 1, lines 2 and 6,
4224 JOURNAL OF THE [May 13, 1999]
by deleting "4.1," each time it appears; and
on page 1, by deleting lines 8 through 31; and
on page 2, by deleting lines 1 through 4.
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 3 and 4 to HOUSE BILL 845 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 878
A bill for AN ACT concerning school safety, amending named Acts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 878.
Senate Amendment No. 2 to HOUSE BILL NO. 878.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 878 as follows:
on page 1, immediately below line 1, by inserting the following:
"WHEREAS, The Children of Illinois should be learning in school
environments that are safe and free of harm or threat of harm; and
WHEREAS, Schools are responsible for creating safe learning
environments for children; and
WHEREAS, Schools can play an essential role in preventing and
intervening to stop violence in the lives of children; and
WHEREAS, Many schools need resources to implement safety and
violence prevention measures; therefore"; and
on page 1, immediately below line 3, by inserting the following:
"Section 3. The Illinois Violence Prevention Act of 1995 is
amended by adding Section 25 as follows:
(20 ILCS 4027/25 new)
Sec. 25. Safe to Learn Program.
(a) The Authority shall establish and administer a grant program
to be known as the Safe to Learn Program. Funds appropriated to the
Authority for this program shall be used to support and fund
school-based safety and violence prevention programs that address any
or all of the following components:
(1) Building security, including but not limited to
portable metal detectors and the training and employment of
school resource officers.
(2) Violence prevention and intervention.
(3) Crisis management.
(4) Training of teachers and other school personnel.
(b) Ten percent of any funds appropriated for this program may
HOUSE OF REPRESENTATIVES 4225
be used by the Authority to provide technical assistance and program
support. Five percent of any funds appropriated for this program may
be used by the Authority for administration of this program. Up to
$500,000 of any funds appropriated for this program may be used by
the Authority for each of 3 years to conduct a demonstration and
evaluation of a comprehensive prekindergarten through 12th grade
school-based violence prevention program in 3 pilot sites in this
State. The Authority shall distribute any remaining funds
appropriated for this program to school districts in the form of
grants, subject to criteria and procedures developed by the
Authority.
(c) This Section is repealed on July 1, 2002."; and
on page 1, by replacing lines 4 through 6 with the following:
"Section 5. The School Code is amended by changing Sections
3-11, 10-21.7, and 10-27.1A and adding Sections 2-3.126, 10-20.31,
10-27.1B, 22-26, and 34-18.18 as follows:"; and
on page 1, line 9, after "shall", by inserting ", in cooperation with
the Task Force on School Safety and utilizing any of its manuals or
resource guides, develop uniform criteria to be implemented in school
safety plans. Using these criteria, the State Board of Education
shall"; and
on page 1, by deleting lines 11 through 21; and
on page 2, line 11, after "he", by inserting "or she"; and
on page 3, line 32, after "schools", by inserting ", subject to the
award of a grant by the State Board of Education,"; and
on page 4, line 2, after "safety plan", by inserting "or revise their
current safety plan to implement the criteria developed by the State
Board of Education, in cooperation with the Task Force on School
Safety, as specified in the school safety assessment audit"; and
on page 4, line 6, by replacing "may" with "shall"; and
on page 4, by replacing lines 8 through 17 with the following:
"(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
Sec. 10-21.7. Attacks on school personnel.
(a) In the Section, "school" means any public or private
elementary or secondary school.
(b) Upon receipt of a written complaint from any school
personnel, the superintendent, or other appropriate administrative
officer for a private school, shall report all incidents of battery
committed against teachers, teacher personnel, administrative
personnel or educational support personnel to the local law
enforcement authorities immediately no later than 24 hours after the
occurrence of the attack and to the Department of State Police's
Illinois Uniform Crime Reporting Program no later than 3 days after
the occurrence of the attack. The State Board of Education shall
receive monthly as well as annual statistical compilations of attacks
on school personnel from the Department of State Police through the
Illinois Uniform Crime Reporting Program. The State Board of
Education shall compile this information by school district and make
it available to the public.
(Source: P.A. 85-1420.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Reporting Firearms in schools.
(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify the office of
the principal in the event that they observe any person in possession
of a firearm on school grounds; provided that taking such immediate
action to notify the office of the principal would not immediately
endanger the health, safety, or welfare of students who are under the
direct supervision of the school official or the school official. If
the health, safety, or welfare of students under the direct
supervision of the school official or of the school official is
4226 JOURNAL OF THE [May 13, 1999]
immediately endangered, the school official shall notify the office
of the principal as soon as the students under his or her supervision
and he or she are no longer under immediate danger. A report is not
required by this Section when the school official knows that the
person in possession of the firearm is a law enforcement official
engaged in the conduct of his or her official duties. Any school
official acting in good faith who makes such a report under this
Section shall have immunity from any civil or criminal liability that
might otherwise be incurred as a result of making the report. The
identity of the school official making such report shall not be
disclosed except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is a
petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official pursuant to
this Section, or from any other person, the principal or his or her
designee shall immediately notify a local law enforcement agency. If
the person found to be in possession of a firearm on school grounds
is a student, the principal or his or her designee shall also
immediately notify that student's parent or guardian. Any principal
or his or her designee acting in good faith who makes such reports
under this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a result of
making the reports. Knowingly and willfully failing to comply with
this Section is a petty offense. A second or subsequent offense is a
Class C misdemeanor. If the person found to be in possession of the
firearm on school grounds is a minor, the law enforcement agency
shall detain that minor until such time as the agency makes a
determination pursuant to clause (a) of subsection (1) of Section
5-401 of the Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law
enforcement agency determines that probable cause exists to believe
that the minor committed a violation of item (4) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 while on school grounds,
the agency shall detain the minor for processing pursuant to Section
5-407 of the Juvenile Court Act of 1987.
(c) On or after January 1, 1997, upon receipt of any written,
electronic, or verbal report from any school personnel regarding a
verified incident involving a firearm in a school or on school owned
or leased property, including any conveyance owned, leased, or used
by the school for the transport of students or school personnel, the
superintendent or his or her designee shall report all such
firearm-related incidents occurring in a school or on school property
to the local law enforcement authorities immediately no later than 24
hours after the occurrence of the incident and to the Department of
State Police in a form, manner, and frequency as prescribed by the
Department of State Police.
The State Board of Education shall receive an annual statistical
compilation and related data associated with incidents involving
firearms in schools from the Department of State Police. The State
Board of Education shall compile this information by school district
and make it available to the public.
(d) As used in this Section, the term "firearm" shall have the
meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
As used in this Section, the term "school" means any public or
private elementary or secondary school.
As used in this Section, the term "school grounds" includes the
real property comprising any school, any conveyance owned, leased, or
contracted by a school to transport students to or from school or a
school-related activity, or any public way within 1,000 feet of the
HOUSE OF REPRESENTATIVES 4227
real property comprising any school.
(Source: P.A. 89-498, eff. 6-27-96.)
(105 ILCS 5/10-27.1B new)
Sec. 10-27.1B. Reporting drug-related incidents in schools.
(a) In this Section:
"Drug" means "cannabis" as defined under subsection (a) of
Section 3 of the Cannabis Control Act or "narcotic drug" as defined
under subsection (aa) of Section 102 of the Illinois Controlled
Substances Act.
"School" means any public or private elementary or secondary
school.
(b) Upon receipt of any written, electronic, or verbal report
from any school personnel regarding a verified incident involving
drugs in a school or on school owned or leased property, including
any conveyance owned, leased, or used by the school for the transport
of students or school personnel, the superintendent or his or her
designee, or other appropriate administrative officer for a private
school, shall report all such drug-related incidents occurring in a
school or on school property to the local law enforcement authorities
immediately and to the Department of State Police in a form, manner,
and frequency as prescribed by the Department of State Police.
(c) The State Board of Education shall receive an annual
statistical compilation and related data associated with drug-related
incidents in schools form the Department of State Police. The State
Board of Education shall compile this information by school district
and make it available to the public. "; and
on page 4, by replacing lines 22 through 25 with the following:
"(1) Two members of the Senate appointed by the President
of the Senate and one member of the Senate appointed by the
Minority Leader of the Senate.
(2) Two members of the House of Representatives appointed
by the Speaker of the House and one member of the House of
Representatives appointed by the Minority Leader of the House.";
and
on page 5, immediately below line 13, by inserting the following:
"(12) Two superintendents of school districts appointed by
the State Superintendent of Education.
(13) One member of the Office of the Illinois Attorney
General appointed by the Attorney General."; and
on page 5, line 18, after "identify", by inserting "and review"; and
on page 5, line 23, after the period, by inserting "The Task Force
shall, in cooperation with the State Board of Education, develop
uniform criteria to be implemented in school safety plans."; and
on page 5, line 33, after "schools", by inserting ", subject to the
award of a grant by the State Board of Education,"; and
on page 6, line 3, after "safety plan", by inserting "or revise their
current safety plan to implement the criteria developed by the State
Board of Education, in cooperation with the Task Force on School
Safety, as specified in the school safety assessment audit"; and
on page 6, line 7, by replacing "may" with "shall"; and
on page 6 by deleting lines 9 through 18; and
on page 10, line 33, by deleting ", 12-4.2,"; and
on page 10, line 33, by deleting "and adding Section"; and
on page 11, line 1, by deleting "31-9"; and
on page 11, line 5, after "he", by inserting "or she"; and
on page 11, lines 15, 16, 18, and 20, by replacing "his" each time it
appears with "his or her"; and
on page 12, lines 13, 19, 21, 22, and 33, by replacing "his" each
time it appears with "his or her"; and
on page 13, lines 4, 8, and 24, by replacing "his" each time it
appears with "his or her"; and
4228 JOURNAL OF THE [May 13, 1999]
on page 14, by deleting lines 25 through 33; and
by deleting page 15; and
on page 16, by deleting lines 1 through 6; and
on page 16, lines 10 and 11, by replacing "he" each time it appears
with "he or she"; and
on page 16, line 12, after "knows", by inserting "or reasonably
should know"; and
on page 16, line 15, by replacing "he knows" with "he or she knows or
reasonably should know"; and
on page 16, line 16, after "occupied", by inserting "by a person";
and
on page 16, line 18, after "he", by inserting "or she"; and
on page 16, lines 21, 23, and 25, by replacing "his" each time it
appears with "his or her"; and
on page 16, line 27, after "he", by inserting "or she"; and
on page 16, lines 31 and 32, by replacing "his" each time it appears
with "his or her"; and
on page 17, line 1, after "his", by inserting "or her"; and
on page 17, line 3, after "he", by inserting "or she"; and
on page 17, lines 12, 17, and 22, by replacing "his" each time it
appears with "his or her"; and
on page 17, line 24, after "he", by inserting "or she"; and
on page 17, line 33, after "his", by inserting "or her"; and
on page 18, lines 4 and 9, by replacing "his" each time it appears
with "his or her"; and
on page 18, by replacing lines 10 through 22 with the following:
"(b) A violation of subsection (a)(1) or subsection (a)(2) of
this Section is a Class 1 felony. A violation of subsection (a)(1) or
(a)(2) of this Section committed in a school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity or on or within
1,000 feet of any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school related activity,
regardless of the time of day or time of year that the offense was
committed is a Class X felony. A violation of subsection (a)(3),
(a)(4), (a)(5), or (a)(6) of this Section is a Class X felony for
which the sentence shall be a term of imprisonment of no less than 10
years and not more than 45 years.
(c) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social, academic,
or other activity for which students' attendance or participation is
sponsored, organized, or funded in whole or in part by a school or
school district."; and
on page 18, by deleting lines 24 through 33; and
on page 19, by deleting line 1.
AMENDMENT NO. 2. Amend House Bill 878, AS AMENDED, by deleting
Sections 3, 10, and 15.
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 878 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
HOUSE OF REPRESENTATIVES 4229
to-wit:
HOUSE BILL 934
A bill for AN ACT regarding support, amending named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 934.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 934 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of Marriage
Act is amended by adding Section 505.3 as follows:
(750 ILCS 5/505.3 new)
Sec. 505.3. Pro se petitions for support and support
enforcement. The circuit court shall provide, through the office of
the clerk of the circuit court, simplified forms and clerical
assistance to help with the writing and filing of a petition seeking
to establish or enforce a child support order by any person not
represented by counsel. This assistance may also be provided by the
State's Attorney.
Section 10. The Illinois Parentage Act of 1984 is amended by
adding Section 7.5 as follows:
(750 ILCS 45/7.5 new)
Sec. 7.5. Pro se petitions to establish parentage and support.
The circuit court shall provide, through the office of the clerk of
the circuit court, simplified forms and clerical assistance to help
with the writing and filing of an action to determine the existence
of the father and child relationship, and a petition to establish or
enforce a child support order by any person not represented by
counsel. This assistance may also be provided by the State's
Attorney.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 934 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 953
A bill for AN ACT to amend the Election Code by changing Section
7-6.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
4230 JOURNAL OF THE [May 13, 1999]
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 953.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 953 by replacing the title
with the following:
"AN ACT to amend the Election Code by changing Section 7-8."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing Section 7-8
as follows:
(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
Sec. 7-8. The State central committee shall be composed of one
or two members from each congressional district in the State and
shall be elected as follows:
State Central Committee
(a) Within 30 days after the effective date of this amendatory
Act of 1983 the State central committee of each political party shall
certify to the State Board of Elections which of the following
alternatives it wishes to apply to the State central committee of
that party.
Alternative A. At the primary held on the third Tuesday in March
1970, and at the primary held every 4 years thereafter, each primary
elector may vote for one candidate of his party for member of the
State central committee for the congressional district in which he
resides. The candidate receiving the highest number of votes shall
be declared elected State central committeeman from the district. A
political party may, in lieu of the foregoing, by a majority vote of
delegates at any State convention of such party, determine to
thereafter elect the State central committeemen in the manner
following:
At the county convention held by such political party State
central committeemen shall be elected in the same manner as provided
in this Article for the election of officers of the county central
committee, and such election shall follow the election of officers of
the county central committee. Each elected ward, township or
precinct committeeman shall cast as his vote one vote for each ballot
voted in his ward, township, part of a township or precinct in the
last preceding primary election of his political party. In the case
of a county lying partially within one congressional district and
partially within another congressional district, each ward, township
or precinct committeeman shall vote only with respect to the
congressional district in which his ward, township, part of a
township or precinct is located. In the case of a congressional
district which encompasses more than one county, each ward, township
or precinct committeeman residing within the congressional district
shall cast as his vote one vote for each ballot voted in his ward,
township, part of a township or precinct in the last preceding
primary election of his political party for one candidate of his
party for member of the State central committee for the congressional
district in which he resides and the Chairman of the county central
committee shall report the results of the election to the State Board
of Elections. The State Board of Elections shall certify the
candidate receiving the highest number of votes elected State central
committeeman for that congressional district.
The State central committee shall adopt rules to provide for and
HOUSE OF REPRESENTATIVES 4231
govern the procedures to be followed in the election of members of
the State central committee.
After the effective date of this amendatory Act of the 91st
General Assembly, whenever a vacancy occurs in the office of Chairman
of a State central committee, or at the end of the term of office of
Chairman, the State central committee of each political party that
has selected Alternative A shall elect a Chairman who shall not be
required to be a member of the State Central Committee. The Chairman
shall be a registered voter in this State and of the same political
party as the State central committee.
Alternative B. Each congressional committee shall, within 30
days after the adoption of this alternative, appoint a person of the
sex opposite that of the incumbent member for that congressional
district to serve as an additional member of the State central
committee until his or her successor is elected at the general
primary election in 1986. Each congressional committee shall make
this appointment by voting on the basis set forth in paragraph (e) of
this Section. In each congressional district at the general primary
election held in 1986 and every 4 years thereafter, the male
candidate receiving the highest number of votes of the party's male
candidates for State central committeeman, and the female candidate
receiving the highest number of votes of the party's female
candidates for State central committeewoman, shall be declared
elected State central committeeman and State central committeewoman
from the district. At the general primary election held in 1986 and
every 4 years thereafter, if all a party's candidates for State
central committeemen or State central committeewomen from a
congressional district are of the same sex, the candidate receiving
the highest number of votes shall be declared elected a State central
committeeman or State central committeewoman from the district, and,
because of a failure to elect one male and one female to the
committee, a vacancy shall be declared to exist in the office of the
second member of the State central committee from the district. This
vacancy shall be filled by appointment by the congressional committee
of the political party, and the person appointed to fill the vacancy
shall be a resident of the congressional district and of the sex
opposite that of the committeeman or committeewoman elected at the
general primary election. Each congressional committee shall make
this appointment by voting on the basis set forth in paragraph (e) of
this Section.
The Chairman of a State central committee composed as provided in
this Alternative B must be selected from the committee's members.
Except as provided for in Alternative A with respect to the
selection of the Chairman of the State central committee, under both
of the foregoing alternatives, the State central committee of each
political party shall be composed of members elected or appointed
from the several congressional districts of the State, and of no
other person or persons whomsoever. The members of the State central
committee shall, within 30 days after each quadrennial election of
the full committee, meet in the city of Springfield and organize by
electing from among their own number a chairman, and may at such time
elect such officers from among their own number (or otherwise), as
they may deem necessary or expedient. The outgoing chairman of the
State central committee of the party shall, 10 days before the
meeting, notify each member of the State central committee elected at
the primary of the time and place of such meeting. In the
organization and proceedings of the State central committee, each
State central committeeman and State central committeewoman shall
have one vote for each ballot voted in his or her congressional
district by the primary electors of his or her party at the primary
election immediately preceding the meeting of the State central
4232 JOURNAL OF THE [May 13, 1999]
committee. Whenever a vacancy occurs in the State central committee
of any political party, the vacancy shall be filled by appointment of
the chairmen of the county central committees of the political party
of the counties located within the congressional district in which
the vacancy occurs and, if applicable, the ward and township
committeemen of the political party in counties of 2,000,000 or more
inhabitants located within the congressional district. If the
congressional district in which the vacancy occurs lies wholly within
a county of 2,000,000 or more inhabitants, the ward and township
committeemen of the political party in that congressional district
shall vote to fill the vacancy. In voting to fill the vacancy, each
chairman of a county central committee and each ward and township
committeeman in counties of 2,000,000 or more inhabitants shall have
one vote for each ballot voted in each precinct of the congressional
district in which the vacancy exists of his or her county, township,
or ward cast by the primary electors of his or her party at the
primary election immediately preceding the meeting to fill the
vacancy in the State central committee. The person appointed to fill
the vacancy shall be a resident of the congressional district in
which the vacancy occurs, shall be a qualified voter, and, in a
committee composed as provided in Alternative B, shall be of the same
sex as his or her predecessor. A political party may, by a majority
vote of the delegates of any State convention of such party,
determine to return to the election of State central committeeman and
State central committeewoman by the vote of primary electors. Any
action taken by a political party at a State convention in accordance
with this Section shall be reported to the State Board of Elections
by the chairman and secretary of such convention within 10 days after
such action.
Ward, Township and Precinct Committeemen
(b) At the primary held on the third Tuesday in March, 1972, and
every 4 years thereafter, each primary elector in cities having a
population of 200,000 or over may vote for one candidate of his party
in his ward for ward committeeman. Each candidate for ward
committeeman must be a resident of and in the ward where he seeks to
be elected ward committeeman. The one having the highest number of
votes shall be such ward committeeman of such party for such ward. At
the primary election held on the third Tuesday in March, 1970, and
every 4 years thereafter, each primary elector in counties containing
a population of 2,000,000 or more, outside of cities containing a
population of 200,000 or more, may vote for one candidate of his
party for township committeeman. Each candidate for township
committeeman must be a resident of and in the township or part of a
township (which lies outside of a city having a population of 200,000
or more, in counties containing a population of 2,000,000 or more),
and in which township or part of a township he seeks to be elected
township committeeman. The one having the highest number of votes
shall be such township committeeman of such party for such township
or part of a township. At the primary held on the third Tuesday in
March, 1970 and every 2 years thereafter, each primary elector,
except in counties having a population of 2,000,000 or over, may vote
for one candidate of his party in his precinct for precinct
committeeman. Each candidate for precinct committeeman must be a bona
fide resident of the precinct where he seeks to be elected precinct
committeeman. The one having the highest number of votes shall be
such precinct committeeman of such party for such precinct. The
official returns of the primary shall show the name of the
committeeman of each political party.
Terms of Committeemen. All precinct committeemen elected under
the provisions of this Article shall continue as such committeemen
until the date of the primary to be held in the second year after
HOUSE OF REPRESENTATIVES 4233
their election. Except as otherwise provided in this Section for
certain State central committeemen who have 2 year terms, all State
central committeemen, township committeemen and ward committeemen
shall continue as such committeemen until the date of primary to be
held in the fourth year after their election. However, a vacancy
exists in the office of precinct committeeman when a precinct
committeeman ceases to reside in the precinct in which he was elected
and such precinct committeeman shall thereafter neither have nor
exercise any rights, powers or duties as committeeman in that
precinct, even if a successor has not been elected or appointed.
(c) The Multi-Township Central Committee shall consist of the
precinct committeemen of such party, in the multi-township assessing
district formed pursuant to Section 2-10 of the Property Tax Code and
shall be organized for the purposes set forth in Section 45-25 of the
Township Code. In the organization and proceedings of the
Multi-Township Central Committee each precinct committeeman shall
have one vote for each ballot voted in his precinct by the primary
electors of his party at the primary at which he was elected.
County Central Committee
(d) The county central committee of each political party in each
county shall consist of the various township committeemen, precinct
committeemen and ward committeemen, if any, of such party in the
county. In the organization and proceedings of the county central
committee, each precinct committeeman shall have one vote for each
ballot voted in his precinct by the primary electors of his party at
the primary at which he was elected; each township committeeman shall
have one vote for each ballot voted in his township or part of a
township as the case may be by the primary electors of his party at
the primary election for the nomination of candidates for election to
the General Assembly immediately preceding the meeting of the county
central committee; and in the organization and proceedings of the
county central committee, each ward committeeman shall have one vote
for each ballot voted in his ward by the primary electors of his
party at the primary election for the nomination of candidates for
election to the General Assembly immediately preceding the meeting of
the county central committee.
Congressional Committee
(e) The congressional committee of each party in each
congressional district shall be composed of the chairmen of the
county central committees of the counties composing the congressional
district, except that in congressional districts wholly within the
territorial limits of one county, or partly within 2 or more
counties, but not coterminous with the county lines of all of such
counties, the precinct committeemen, township committeemen and ward
committeemen, if any, of the party representing the precincts within
the limits of the congressional district, shall compose the
congressional committee. A State central committeeman in each
district shall be a member and the chairman or, when a district has 2
State central committeemen, a co-chairman of the congressional
committee, but shall not have the right to vote except in case of a
tie.
In the organization and proceedings of congressional committees
composed of precinct committeemen or township committeemen or ward
committeemen, or any combination thereof, each precinct committeeman
shall have one vote for each ballot voted in his precinct by the
primary electors of his party at the primary at which he was elected,
each township committeeman shall have one vote for each ballot voted
in his township or part of a township as the case may be by the
primary electors of his party at the primary election immediately
preceding the meeting of the congressional committee, and each ward
committeeman shall have one vote for each ballot voted in each
4234 JOURNAL OF THE [May 13, 1999]
precinct of his ward located in such congressional district by the
primary electors of his party at the primary election immediately
preceding the meeting of the congressional committee; and in the
organization and proceedings of congressional committees composed of
the chairmen of the county central committees of the counties within
such district, each chairman of such county central committee shall
have one vote for each ballot voted in his county by the primary
electors of his party at the primary election immediately preceding
the meeting of the congressional committee.
Judicial District Committee
(f) The judicial district committee of each political party in
each judicial district shall be composed of the chairman of the
county central committees of the counties composing the judicial
district.
In the organization and proceedings of judicial district
committees composed of the chairmen of the county central committees
of the counties within such district, each chairman of such county
central committee shall have one vote for each ballot voted in his
county by the primary electors of his party at the primary election
immediately preceding the meeting of the judicial district committee.
Circuit Court Committee
(g) The circuit court committee of each political party in each
judicial circuit outside Cook County shall be composed of the
chairmen of the county central committees of the counties composing
the judicial circuit.
In the organization and proceedings of circuit court committees,
each chairman of a county central committee shall have one vote for
each ballot voted in his county by the primary electors of his party
at the primary election immediately preceding the meeting of the
circuit court committee.
Judicial Subcircuit Committee
(g-1) The judicial subcircuit committee of each political party
in each judicial subcircuit in Cook County shall be composed of the
ward and township committeemen of the townships and wards composing
the judicial subcircuit.
In the organization and proceedings of each judicial subcircuit
committee, each township committeeman shall have one vote for each
ballot voted in his township or part of a township, as the case may
be, in the judicial subcircuit by the primary electors of his party
at the primary election immediately preceding the meeting of the
judicial subcircuit committee; and each ward committeeman shall have
one vote for each ballot voted in his ward or part of a ward, as the
case may be, in the judicial subcircuit by the primary electors of
his party at the primary election immediately preceding the meeting
of the judicial subcircuit committee.
Municipal Central Committee
(h) The municipal central committee of each political party
shall be composed of the precinct, township or ward committeemen, as
the case may be, of such party representing the precincts or wards,
embraced in such city, incorporated town or village. The voting
strength of each precinct, township or ward committeeman on the
municipal central committee shall be the same as his voting strength
on the county central committee.
For political parties, other than a statewide political party,
established only within a municipality or township, the municipal or
township managing committee shall be composed of the party officers
of the local established party. The party officers of a local
established party shall be as follows: the chairman and secretary of
the caucus for those municipalities and townships authorized by
statute to nominate candidates by caucus shall serve as party
officers for the purpose of filling vacancies in nomination under
HOUSE OF REPRESENTATIVES 4235
Section 7-61; for municipalities and townships authorized by statute
or ordinance to nominate candidates by petition and primary election,
the party officers shall be the party's candidates who are nominated
at the primary. If no party primary was held because of the
provisions of Section 7-5, vacancies in nomination shall be filled by
the party's remaining candidates who shall serve as the party's
officers.
Powers
(i) Each committee and its officers shall have the powers
usually exercised by such committees and by the officers thereof, not
inconsistent with the provisions of this Article. The several
committees herein provided for shall not have power to delegate any
of their powers, or functions to any other person, officer or
committee, but this shall not be construed to prevent a committee
from appointing from its own membership proper and necessary
subcommittees.
(j) The State central committee of a political party which
elects it members by Alternative B under paragraph (a) of this
Section shall adopt a plan to give effect to the delegate selection
rules of the national political party and file a copy of such plan
with the State Board of Elections when approved by a national
political party.
(k) For the purpose of the designation of a proxy by a
Congressional Committee to vote in place of an absent State central
committeeman or committeewoman at meetings of the State central
committee of a political party which elects its members by
Alternative B under paragraph (a) of this Section, the proxy shall be
appointed by the vote of the ward and township committeemen, if any,
of the wards and townships which lie entirely or partially within the
Congressional District from which the absent State central
committeeman or committeewoman was elected and the vote of the
chairmen of the county central committees of those counties which lie
entirely or partially within that Congressional District and in which
there are no ward or township committeemen. When voting for such
proxy the county chairman, ward committeeman or township
committeeman, as the case may be shall have one vote for each ballot
voted in his county, ward or township, or portion thereof within the
Congressional District, by the primary electors of his party at the
primary at which he was elected. However, the absent State central
committeeman or committeewoman may designate a proxy when permitted
by the rules of a political party which elects its members by
Alternative B under paragraph (a) of this Section.
(Source: P.A. 90-627, eff. 7-10-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 953 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 1117
A bill for AN ACT to amend the Local Government Debt Reform Act
4236 JOURNAL OF THE [May 13, 1999]
by changing Sections 15, 16, and 17 and by adding Section 17.5.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1117.
Senate Amendment No. 2 to HOUSE BILL NO. 1117.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1117 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT concerning local government debt, amending named Acts.";
and
on page 9, line 10, by replacing "front-door" with "referendum"; and
on page 9, line 12, by replacing "10" with "5" and by deleting
"front-door"; and
on page 9, line 14, by inserting after "referendum." the following:
"This Section applies only to a referendum or a backdoor referendum
held after the effective date of this amendatory Act of the 91st
General Assembly."; and
on page 9, by inserting above line 15 the following:
"Section 10. The Illinois Municipal Code is amended by changing
Section 11-61-3 as follows:
(65 ILCS 5/11-61-3) (from Ch. 24, par. 11-61-3)
Sec. 11-61-3. The corporate authorities of each municipality
having a population of less than 1,000,000 inhabitants shall have the
express power to purchase or lease either real estate or personal
property for public purposes through contracts which provide for the
consideration for such purchase or lease to be paid through
installments to be made at stated intervals during a certain period
of time, but, in no case, shall such contracts provide for the
consideration to be paid during a period of time in excess of 20 10
years nor shall such contracts provide for the payment of interest at
a rate of more than that permitted in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as amended. The indebtedness
incurred under this Section when aggregated with existing
indebtedness may not exceed the debt limits provided in Division 5 of
Article 8 of this Code.
The amendatory Acts of 1972 and 1973 are not a limit upon any
municipality which is a home rule unit.
(Source: P.A. 84-283.)".
AMENDMENT NO. 2. Amend House Bill 1117, AS AMENDED, in Section
5, Sec. 17.5, in the sentence beginning "Whenever applicable law
provides", by deleting "valid".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1117 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
HOUSE OF REPRESENTATIVES 4237
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 1162
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
by changing Section 115-5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1162.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1162, on page 2, by replacing
line 27 with the following:
"sentencing order when the hearing involves a probationer or
defendant who has transferred or moved from the county having
jurisdiction over the original charge or sentence. For the purposes
of this subsection (c),".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1162 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 1188
A bill for AN ACT to create the Address Confidentiality for
Victims of Domestic Violence Act.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1188.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1188 on page 2, by inserting
below line 2, the following:
4238 JOURNAL OF THE [May 13, 1999]
"Section 11. Address confidentiality program; administration.
Subject to appropriations for the purposes of this Act, the Attorney
General shall administer an address confidentiality program for
victims of domestic violence.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1188 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 1194
A bill for AN ACT concerning schools, amending named Acts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1194.
Senate Amendment No. 2 to HOUSE BILL NO. 1194.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1194 on page 1, by replacing
lines 8 through 30 with the following:
"(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify the office of
the principal in the event that they observe any person in possession
of a firearm on school grounds; provided that taking such immediate
action to notify the office of the principal would not immediately
endanger the health, safety, or welfare of students who are under the
direct supervision of the school official or the school official. If
the health, safety, or welfare of students under the direct
supervision of the school official or of the school official is
immediately endangered, the school official shall notify the office
of principal as soon as the students under his or her supervision and
he or she are no longer under immediate danger. A report is not
required by this Section when the school official knows that the
person in possession of the firearm is a law enforcement official
engaged in the conduct of his or her official duties. Any school
official acting in good faith who makes such a report under this
Section shall have immunity from any civil or criminal liability that
might otherwise be incurred as a result of making the report. The
identity of the school official making such report shall not be
disclosed except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is a
petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official pursuant to
HOUSE OF REPRESENTATIVES 4239
this Section, or from any other person, the principal or his or her
designee shall immediately notify a local law enforcement agency. If
the person found to be in possession of a firearm on school grounds
is a student, the principal or his or her designee shall also
immediately notify that student's parent or guardian. Any principal
or his or her designee acting in good faith who makes such reports
under this Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a result of
making the reports. Knowingly and willfully failing to comply with
this Section is a petty offense. A second or subsequent offense is a
Class C misdemeanor."; and
on page 1, line 31, by deleting "petition or compliant.".
AMENDMENT NO. 2. Amend House Bill 1194 on page 3, by replacing
lines 31 and 32 with the following:
"while on school grounds, that finding shall create a presumption
that immediate and urgent necessity exists under subdivision (2) of
Section 5-501 of this Act. Once the presumption of immediate and
urgent necessity has been raised, the burden of demonstrating the
lack of immediate and urgent necessity shall be on any party that is
opposing detention for the minor. Should the court order detention
pursuant to this Section, the minor"; and
on page 4, by deleting line 1.
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1194 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 1232
A bill for AN ACT to amend the Illinois Public Aid Code by adding
Section 4-1.6b.
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. 1232.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1232 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by adding
Section 4-1.6b as follows:
(305 ILCS 5/4-1.6b new)
Sec. 4-1.6b. Child Support Pays Program.
(a) There is created the Child Support Pays Program under which
the Department shall pay to families receiving cash assistance under
4240 JOURNAL OF THE [May 13, 1999]
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.
(b) In consultation with the Child Support Advisory Committee,
the Department shall conduct an evaluation of the Child Support Pays
Program by December 31, 2003. The evaluation shall include but not
be limited to:
(1) the amount of child support collections on behalf of
children of TANF recipients who have earned income compared with
TANF recipients who do not have earned income;
(2) the regularity of child support payments made on behalf
of children of TANF recipients who have earned income, both with
respect to newly established child support orders and existing
orders; and
(3) the number of parentage establishments for children of
TANF recipients who have earned income.
In order to be able to evaluate the Child Support Pays Program, the
Department shall conduct an outreach program to publicize the
availability of the Program to TANF recipients.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1232 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 1234
A bill for AN ACT to amend the Beer Industry Fair Dealing Act by
changing Sections 1.1, 2, 5, and 9.
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. 1234.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1234 on page 5, line 34, by
deleting "that contains any provision"; and
HOUSE OF REPRESENTATIVES 4241
on page 7, by replacing lines 10 through 14 with the following:
"In any legal action challenging any cancellation, termination,
or failure to renew, the brewer has the burden of proving the
existence of good cause if the wholesaler first makes a prima facie
showing that good cause does not exist."; and
on page 7, by replacing lines 21 through 31 with the following:
"of this Act.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1234 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 1261
A bill for AN ACT concerning property valuation.
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. 1261.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1261 on page 2, line 21, after
the period, by inserting the following:
"The interest rate to be used in developing the normal market value
capitalization rate shall be one that reflects the prevailing cost of
cash for other types of commercial real estate in the geographic
market in which the Section 515 project is located.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1261 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 1268
A bill for AN ACT to amend the Retailers' Occupation Tax Act by
changing Section 14.
Together with the attached amendments thereto (which amendments
4242 JOURNAL OF THE [May 13, 1999]
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1268.
Senate Amendment No. 2 to HOUSE BILL NO. 1268.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1268 by replacing the title
with the following:
"AN ACT concerning taxation."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Use Tax Act is amended by changing Section 3-5
as follows:
(35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
Sec. 3-5. Exemptions. Use of the following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Personal property purchased by a governmental body, by a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or by a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active exemption
identification number issued by the Department.
(5) A passenger car that is a replacement vehicle to the extent
that the purchase price of the car is subject to the Replacement
Vehicle Tax.
(6) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order, certified by the purchaser to be used primarily for
graphic arts production, and including machinery and equipment
purchased for lease.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
HOUSE OF REPRESENTATIVES 4243
States of America, or the government of any foreign country, and
bullion.
(9) Personal property purchased from a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(10) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through to the living
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(11) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (11). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (11) is exempt from the provisions of Section 3-90.
(12) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(13) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages purchased at retail from a retailer, to the extent that the
proceeds of the service charge are in fact turned over as tips or as
a substitute for tips to the employees who participate directly in
preparing, serving, hosting or cleaning up the food or beverage
function with respect to which the service charge is imposed.
(14) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
4244 JOURNAL OF THE [May 13, 1999]
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(16) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(17) Distillation machinery and equipment, sold as a unit or
kit, assembled or installed by the retailer, certified by the user to
be used only for the production of ethyl alcohol that will be used
for consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment used
primarily in the process of manufacturing or assembling tangible
personal property for wholesale or retail sale or lease, whether that
sale or lease is made directly by the manufacturer or by some other
person, whether the materials used in the process are owned by the
manufacturer or some other person, or whether that sale or lease is
made apart from or as an incident to the seller's engaging in the
service occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial value on
special order for a particular purchaser.
(19) Personal property delivered to a purchaser or purchaser's
donee inside Illinois when the purchase order for that personal
property was received by a florist located outside Illinois who has a
florist located inside Illinois deliver the personal property.
(20) Semen used for artificial insemination of livestock for
direct agricultural production.
(21) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(22) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a hospital that has been issued an active tax
exemption identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Service Use Tax Act, as the case may
be, based on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
HOUSE OF REPRESENTATIVES 4245
for any reason, the lessor is liable to pay that amount to the
Department.
(23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an active
sales tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the property is
leased in a manner that does not qualify for this exemption or used
in any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the case
may be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Service Use Tax
Act, as the case may be, if the tax has not been paid by the lessor.
If a lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(24) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(25) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(26) Beginning on the effective date of this amendatory Act of
the 91st General Assembly, production related tangible personal
property and machinery and equipment, including repair and
replacement parts, both new and used, and including those items
manufactured on special order or purchased for lease, certified by
the purchaser to be essential to and used in the integrated process
of the production of electricity by an eligible facility owned,
operated, or leased by an exempt wholesale generator. "Eligible
facility" and "exempt wholesale generator" shall mean "eligible
facility" and "exempt wholesale generator" as defined in Section 32
of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79z-5a,
in effect as of the date of this amendatory Act of the 91st General
Assembly. "Machinery" includes mechanical machines and components of
those machines that directly contribute to or are directly used in or
essential to the process of the production of electricity.
"Equipment" includes an independent device or tool separate from
machinery but essential to an integrated electricity generation
process; including pipes of any kind used in the process of the
production of electricity; computers used primarily in operating
exempt machinery; any subunit or assembly comprising a component of
4246 JOURNAL OF THE [May 13, 1999]
any machinery or auxiliary, adjunct, or attachment parts of
machinery, and any parts that require periodic replacement in the
course of normal operation; but does not include hand tools.
"Production related tangible personal property" means all tangible
personal property directly used or consumed in or essential to the
process of the production of electricity including, but not limited
to, tangible personal property used or consumed in activities such as
preproduction material handling, receiving, quality control,
inventory control, storage, staging, and piping or lines necessary
for the transportation of water, natural gas, steam, and similar
items to and from an eligible facility for use in the process of the
production of electricity. This paragraph (26) shall apply also to
machinery and equipment used in the general maintenance or repair of
exempt machinery and equipment. The provisions of this paragraph are
exempt from the provisions of Section 3-90.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98.)
Section 10. The Service Use Tax Act is amended by changing
Section 3-5 as follows:
(35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
Sec. 3-5. Exemptions. Use of the following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois county
fair association for use in conducting, operating, or promoting the
county fair.
(3) Personal property purchased by a not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(6) Personal property purchased from a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
HOUSE OF REPRESENTATIVES 4247
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages acquired as an incident to the purchase of a service from a
serviceman, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery and
equipment, including repair and replacement parts, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Semen used for artificial insemination of livestock for
direct agricultural production.
(14) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(15) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
4248 JOURNAL OF THE [May 13, 1999]
treatment of hospital patients purchased by a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a hospital that has been issued an active tax
exemption identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in any
other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in effect
at the time the lessor would otherwise be subject to the tax imposed
by this Act, to a governmental body that has been issued an active
tax exemption identification number by the Department under Section
1g of the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt to
collect an amount (however designated) that purports to reimburse
that lessor for the tax imposed by this Act or the Use Tax Act, as
the case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that amount from
the lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(17) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(19) Beginning on the effective date of this amendatory Act of
the 91st General Assembly, production related tangible personal
property and machinery and equipment, including repair and
HOUSE OF REPRESENTATIVES 4249
replacement parts, both new and used, and including those items
manufactured on special order or purchased for lease, certified by
the purchaser to be essential to and used in the integrated process
of the production of electricity by an eligible facility owned,
operated, or leased by an exempt wholesale generator. "Eligible
facility" and "exempt wholesale generator" shall mean "eligible
facility" and "exempt wholesale generator" as defined in Section 32
of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79z-5a,
in effect as of the date of this amendatory Act of the 91st General
Assembly. "Machinery" includes mechanical machines and components of
those machines that directly contribute to or are directly used in or
essential to the process of the production of electricity.
"Equipment" includes an independent device or tool separate from
machinery but essential to an integrated electricity generation
process; including pipes of any kind used in the process of the
production of electricity; computers used primarily in operating
exempt machinery; any subunit or assembly comprising a component of
any machinery or auxiliary, adjunct, or attachment parts of
machinery, and any parts that require periodic replacement in the
course of normal operation; but does not include hand tools.
"Production related tangible personal property" means all tangible
personal property directly used or consumed in or essential to the
process of the production of electricity including, but not limited
to, tangible personal property used or consumed in activities such as
preproduction material handling, receiving, quality control,
inventory control, storage, staging, and piping or lines necessary
for the transportation of water, natural gas, steam, and similar
items to and from an eligible facility for use in the process of the
production of electricity. This paragraph (19) shall apply also to
machinery and equipment used in the general maintenance or repair of
exempt machinery and equipment. The provisions of this paragraph are
exempt from the provisions of Section 3-75.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98.)
Section 15. The Service Occupation Tax Act is amended by
changing Section 3-5 as follows:
(35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
Sec. 3-5. Exemptions. The following tangible personal property
is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by any not-for-profit music or
dramatic arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c)(3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(5) Graphic arts machinery and equipment, including repair and
4250 JOURNAL OF THE [May 13, 1999]
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (7). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 3-55 3-75.
(8) Fuel and petroleum products sold to or used by an air common
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(9) Proceeds of mandatory service charges separately stated on
customers' bills for the purchase and consumption of food and
beverages, to the extent that the proceeds of the service charge are
in fact turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving, hosting or
cleaning up the food or beverage function with respect to which the
service charge is imposed.
(10) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
HOUSE OF REPRESENTATIVES 4251
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Coal exploration, mining, offhighway hauling, processing,
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(13) Food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate consumption) and
prescription and non-prescription medicines, drugs, medical
appliances, and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use, when purchased for use by a
person receiving medical assistance under Article 5 of the Illinois
Public Aid Code who resides in a licensed long-term care facility, as
defined in the Nursing Home Care Act.
(14) Semen used for artificial insemination of livestock for
direct agricultural production.
(15) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(16) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act.
(18) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(19) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(20) Beginning on the effective date of this amendatory Act of
the 91st General Assembly, production related tangible personal
property and machinery and equipment, including repair and
replacement parts, both new and used, and including those items
manufactured on special order or purchased for lease, certified by
the purchaser to be essential to and used in the integrated process
4252 JOURNAL OF THE [May 13, 1999]
of the production of electricity by an eligible facility owned,
operated, or leased by an exempt wholesale generator. "Eligible
facility" and "exempt wholesale generator" shall mean "eligible
facility" and "exempt wholesale generator" as defined in Section 32
of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79z-5a,
in effect as of the date of this amendatory Act of the 91st General
Assembly. "Machinery" includes mechanical machines and components of
those machines that directly contribute to or are directly used in or
essential to the process of the production of electricity.
"Equipment" includes an independent device or tool separate from
machinery but essential to an integrated electricity generation
process; including pipes of any kind used in the process of the
production of electricity; computers used primarily in operating
exempt machinery; any subunit or assembly comprising a component of
any machinery or auxiliary, adjunct, or attachment parts of
machinery, and any parts that require periodic replacement in the
course of normal operation; but does not include hand tools.
"Production related tangible personal property" means all tangible
personal property directly used or consumed in or essential to the
process of the production of electricity including, but not limited
to, tangible personal property used or consumed in activities such as
preproduction material handling, receiving, quality control,
inventory control, storage, staging, and piping or lines necessary
for the transportation of water, natural gas, steam, and similar
items to and from an eligible facility for use in the process of the
production of electricity. This paragraph (20) shall apply also to
machinery and equipment used in the general maintenance or repair of
exempt machinery and equipment. The provisions of this paragraph are
exempt from the provisions of Section 3-55.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff.
6-30-98; revised 2-10-99.)
Section 20. The Retailers' Occupation Tax Act is amended by
changing Section 2-5 as follows:
(35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt from the
tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used, including
that manufactured on special order, certified by the purchaser to be
used primarily for production agriculture or State or federal
agricultural programs, including individual replacement parts for the
machinery and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined in Section
1-130 of the Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to be
registered under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered under the
Illinois Vehicle Code. Horticultural polyhouses or hoop houses used
for propagating, growing, or overwintering plants shall be considered
farm machinery and equipment under this item (2). Agricultural
chemical tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed and units
sold mounted on a motor vehicle required to be licensed, if the
selling price of the tender is separately stated.
Farm machinery and equipment shall include precision farming
equipment that is installed or purchased to be installed on farm
machinery and equipment including, but not limited to, tractors,
harvesters, sprayers, planters, seeders, or spreaders. Precision
HOUSE OF REPRESENTATIVES 4253
farming equipment includes, but is not limited to, soil testing
sensors, computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers, sensors,
software, and related equipment used primarily in the
computer-assisted operation of production agriculture facilities,
equipment, and activities such as, but not limited to, the
collection, monitoring, and correlation of animal and crop data for
the purpose of formulating animal diets and agricultural chemicals.
This item (7) is exempt from the provisions of Section 2-70 3-75.
(3) Distillation machinery and equipment, sold as a unit or kit,
assembled or installed by the retailer, certified by the user to be
used only for the production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel for the
personal use of the user, and not subject to sale or resale.
(4) Graphic arts machinery and equipment, including repair and
replacement parts, both new and used, and including that manufactured
on special order or purchased for lease, certified by the purchaser
to be used primarily for graphic arts production.
(5) A motor vehicle of the first division, a motor vehicle of
the second division that is a self-contained motor vehicle designed
or permanently converted to provide living quarters for recreational,
camping, or travel use, with direct walk through access to the living
quarters from the driver's seat, or a motor vehicle of the second
division that is of the van configuration designed for the
transportation of not less than 7 nor more than 16 passengers, as
defined in Section 1-146 of the Illinois Vehicle Code, that is used
for automobile renting, as defined in the Automobile Renting
Occupation and Use Tax Act.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Proceeds of that portion of the selling price of a passenger
car the sale of which is subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the county
fair.
(9) Personal property sold to a not-for-profit music or dramatic
arts organization that establishes, by proof required by the
Department by rule, that it has received an exemption under Section
501(c) (3) of the Internal Revenue Code and that is organized and
operated for the presentation of live public performances of musical
or theatrical works on a regular basis.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other than a
limited liability company, that is organized and operated as a
not-for-profit service enterprise for the benefit of persons 65 years
of age or older if the personal property was not purchased by the
enterprise for the purpose of resale by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious, or
educational purposes, or to a not-for-profit corporation, society,
association, foundation, institution, or organization that has no
compensated officers or employees and that is organized and operated
primarily for the recreation of persons 55 years of age or older. A
limited liability company may qualify for the exemption under this
paragraph only if the limited liability company is organized and
operated exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption shall
make tax-free purchases unless it has an active identification number
4254 JOURNAL OF THE [May 13, 1999]
issued by the Department.
(12) Personal property sold to interstate carriers for hire for
use as rolling stock moving in interstate commerce or to lessors
under leases of one year or longer executed or in effect at the time
of purchase by interstate carriers for hire for use as rolling stock
moving in interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier by the
Federal Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate carriers
for hire for use as rolling stock moving in interstate commerce and
equipment operated by a telecommunications provider, licensed as a
common carrier by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in interstate
commerce.
(14) Machinery and equipment that will be used by the purchaser,
or a lessee of the purchaser, primarily in the process of
manufacturing or assembling tangible personal property for wholesale
or retail sale or lease, whether the sale or lease is made directly
by the manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether the sale or lease is made apart from or as an
incident to the seller's engaging in the service occupation of
producing machines, tools, dies, jigs, patterns, gauges, or other
similar items of no commercial value on special order for a
particular purchaser.
(15) Proceeds of mandatory service charges separately stated on
customers' bills for purchase and consumption of food and beverages,
to the extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the employees who
participate directly in preparing, serving, hosting or cleaning up
the food or beverage function with respect to which the service
charge is imposed.
(16) Petroleum products sold to a purchaser if the seller is
prohibited by federal law from charging tax to the purchaser.
(17) Tangible personal property sold to a common carrier by rail
or motor that receives the physical possession of the property in
Illinois and that transports the property, or shares with another
common carrier in the transportation of the property, out of Illinois
on a standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a destination
outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the United
States of America, or the government of any foreign country, and
bullion.
(19) Oil field exploration, drilling, and production equipment,
including (i) rigs and parts of rigs, rotary rigs, cable tool rigs,
and workover rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv) storage tanks
and flow lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi) machinery
and equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including repair
and replacement parts, both new and used, including that manufactured
on special order, certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(21) Coal exploration, mining, offhighway hauling, processing,
HOUSE OF REPRESENTATIVES 4255
maintenance, and reclamation equipment, including replacement parts
and equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the Illinois
Vehicle Code.
(22) Fuel and petroleum products sold to or used by an air
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air common
carrier, for a flight destined for or returning from a location or
locations outside the United States without regard to previous or
subsequent domestic stopovers.
(23) A transaction in which the purchase order is received by a
florist who is located outside Illinois, but who has a florist
located in Illinois deliver the property to the purchaser or the
purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships, barges, or
vessels that are used primarily in or for the transportation of
property or the conveyance of persons for hire on rivers bordering on
this State if the fuel is delivered by the seller to the purchaser's
barge, ship, or vessel while it is afloat upon that bordering river.
(25) A motor vehicle sold in this State to a nonresident even
though the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State, and if
a driveaway decal permit is issued to the motor vehicle as provided
in Section 3-603 of the Illinois Vehicle Code or if the nonresident
purchaser has vehicle registration plates to transfer to the motor
vehicle upon returning to his or her home state. The issuance of the
driveaway decal permit or having the out-of-state registration plates
to be transferred is prima facie evidence that the motor vehicle will
not be titled in this State.
(26) Semen used for artificial insemination of livestock for
direct agricultural production.
(27) Horses, or interests in horses, registered with and meeting
the requirements of any of the Arabian Horse Club Registry of
America, Appaloosa Horse Club, American Quarter Horse Association,
United States Trotting Association, or Jockey Club, as appropriate,
used for purposes of breeding or racing for prizes.
(28) Computers and communications equipment utilized for any
hospital purpose and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases the
equipment, under a lease of one year or longer executed or in effect
at the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(29) Personal property sold to a lessor who leases the property,
under a lease of one year or longer executed or in effect at the time
of the purchase, to a governmental body that has been issued an
active tax exemption identification number by the Department under
Section 1g of this Act.
(30) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is donated for disaster relief to be
used in a State or federally declared disaster area in Illinois or
bordering Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association, foundation, or
institution that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster who
reside within the declared disaster area.
(31) Beginning with taxable years ending on or after December
31, 1995 and ending with taxable years ending on or before December
31, 2004, personal property that is used in the performance of
infrastructure repairs in this State, including but not limited to
4256 JOURNAL OF THE [May 13, 1999]
municipal roads and streets, access roads, bridges, sidewalks, waste
disposal systems, water and sewer line extensions, water distribution
and purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a State
or federally declared disaster in Illinois or bordering Illinois when
such repairs are initiated on facilities located in the declared
disaster area within 6 months after the disaster.
(32) Beginning on the effective date of this amendatory Act of
the 91st General Assembly, production related tangible personal
property and machinery and equipment, including repair and
replacement parts, both new and used, and including those items
manufactured on special order or purchased for lease, certified by
the purchaser to be essential to and used in the integrated process
of the production of electricity by an eligible facility owned,
operated, or leased by an exempt wholesale generator. "Eligible
facility" and "exempt wholesale generator" shall mean "eligible
facility" and "exempt wholesale generator" as defined in Section 32
of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79z-5a,
in effect as of the date of this amendatory Act of the 91st General
Assembly. "Machinery" includes mechanical machines and components of
those machines that directly contribute to or are directly used in or
essential to the process of the production of electricity.
"Equipment" includes an independent device or tool separate from
machinery but essential to an integrated electricity generation
process; including pipes of any kind used in the process of the
production of electricity; computers used primarily in operating
exempt machinery; any subunit or assembly comprising a component of
any machinery or auxiliary, adjunct, or attachment parts of
machinery, and any parts that require periodic replacement in the
course of normal operation; but does not include hand tools.
"Production related tangible personal property" means all tangible
personal property directly used or consumed in or essential to the
process of the production of electricity including, but not limited
to, tangible personal property used or consumed in activities such as
preproduction material handling, receiving, quality control,
inventory control, storage, staging, and piping or lines necessary
for the transportation of water, natural gas, steam, and similar
items to and from an eligible facility for use in the process of the
production of electricity. This paragraph (32) shall apply also to
machinery and equipment used in the general maintenance or repair of
exempt machinery and equipment. The provisions of this paragraph are
exempt from the provisions of Section 2-70.
(Source: P.A. 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626, eff.
8-9-96; 90-14, eff. 7-1-97; 90-519, eff. 6-1-98; 90-552, eff.
12-12-97; 90-605, eff. 6-30-98; revised 2-10-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 1268, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
8, line 15, before the comma, by inserting "and ending 10 years after
the effective date of this amendatory Act of the 91st General
Assembly"; and
on page 9, lines 17 through 19, by deleting "The provisions of this
paragraph are exempt from the provisions of Section 3-90."; and
on page 15, line 3, before the comma, by inserting "and ending 10
years after the effective date of this amendatory Act of the 91st
General Assembly"; and
on page 16, lines 5 through 7, by deleting "The provisions of this
paragraph are exempt from the provisions of Section 3-75."; and
HOUSE OF REPRESENTATIVES 4257
on page 21, line 4, before the comma, by inserting "and ending 10
years after the effective date of this amendatory Act of the 91st
General Assembly"; and
on page 22, lines 6 through 8, by deleting "The provisions of this
paragraph are exempt from the provisions of Section 3-55."; and
on page 29, line 23, before the comma, by inserting "and ending 10
years after the effective date of this amendatory Act of the 91st
General Assembly"; and
on page 30, lines 25 through 27, by deleting "The provisions of this
paragraph are exempt from the provisions of Section 2-70.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1268 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 1304
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 3-7.
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. 1304.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1304, on page 1, line 22, by
inserting after "pending." the following:
"However, the period within which a prosecution must be commenced
includes any period in which the State brings a proceeding or an
appeal from a proceeding specified in this subsection (d).".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1304 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 1318
A bill for AN ACT to create the Clean Coal Plant Act.
4258 JOURNAL OF THE [May 13, 1999]
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. 1318.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1318, on page 1, immediately
below line 9, by inserting the following:
"Section 999. Effective date. This Act takes effect upon
becoming law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1318 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 1348
A bill for AN ACT to amend the Illinois Insurance Code by
changing Section 41.
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. 1348.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1348 by replacing the title
with the following:
"AN ACT concerning insurers, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Insurance Code is amended by changing
Sections 3.1, 35A-5, 35A-10, 35A-15, 35A-20, 35A-30, 35A-55, 35A-60,
245, 356h, 356v, 364, 367, and 367i as follows:
(215 ILCS 5/3.1) (from Ch. 73, par. 615.1)
Sec. 3.1. Definitions of admitted assets. "Admitted Assets"
includes the investments authorized or permitted by this Code, the
credit for reinsurance allowed by this Code, and in addition thereto,
only the following:
(a) Petty cash and other cash funds in the company's principal
or any official branch office and under the control of the company.
(b) Immediately withdrawable funds on deposit in demand
HOUSE OF REPRESENTATIVES 4259
accounts, in a bank or trust company as defined in Section
126.2MMM(1) or like funds actually in the principal or any official
branch office at statement date, and, in transit to such bank or
trust company with authentic deposit credit given prior to the close
of business on the fifth bank working day following the statement
date.
(c) The amount fairly estimated as recoverable on cash deposited
in a closed bank or trust company, if qualifying under the provisions
of this Section prior to the suspension of such bank or trust
company.
(d) Bills and accounts receivable collateralized by securities
of the kind in which the company is authorized to invest.
(e) Bills receivable not past due covering uncollected premiums
taken by a company in the transaction of business described in Class
3 of Section 4, in an amount not to exceed the unearned premium
reserve liability calculated on each respective policy.
(f) For in force insurance coverages written by fire, casualty,
and reciprocal companies, excluding group accident and health
business, premium deposits, gross premiums, and agents' balances (net
of related commissions) not more than 90 days past due; installments
booked but deferred and not yet due (net of related commissions),
provided that all amounts having become due from the insured are not
more than 90 days past due; and audit and retrospective premium to
the extent permitted to be admitted pursuant to the Annual Statement
Instructions and the Accounting Practices and Procedures Manual for
Property and Casualty Insurers published by the National Association
of Insurance Commissioners, unless the Director prescribes otherwise.
However, audit and retrospective premiums that represent anticipated
additional premiums on policies for which the policy period has not
yet expired may not be admitted.
(g) Net amount of uncollected premiums on group life and group
accident and health policies, not more than 90 days past due.
(h) Due and uncollected accident and health premiums on in force
individual policies, on insurance written by Class 1, Section 4
companies, less commissions due thereon to agents; not exceeding in
the aggregate the premium reserve liability computed on such
business.
(i) Premium notes, policy loans and liens, and the net amount of
uncollected and deferred premiums on individual life insurance
policies, not in excess of the liability for the legal reserves
specified in Section 223 or 281 of this Code on such individual life
insurance policies.
(j) Premium and assessment notes, certificate loans and liens,
and the gross amount less loading, of premiums or assessments
actually collected by subordinate lodges not yet turned over to the
Supreme Lodge on individual life insurance certificates not in excess
of the liability for the legal reserves specified in Section 297.1 or
305.1 on such individual life insurance certificates.
(k) Mortuary assessments due and unpaid on last call made within
60 days, on insurance in force and for which notices have been
issued, not in excess of the liability for the unpaid claims which
are to be paid by the proceeds.
(l) Amounts fairly estimated as recoverable from advances made
on contracts under surety bonds.
(m) Amounts receivable from insurance companies authorized to do
business in this State and from associations or bureaus owned or
controlled by 5 or more separate and nonaffiliated, by ownership or
management, insurance companies of which a majority thereof are
authorized to transact business in this State. The amount of those
receivables allowed as admitted assets may not exceed the lesser of
5% of the company's total admitted assets or 10% of the company's
4260 JOURNAL OF THE [May 13, 1999]
surplus as regards policyholders. Amounts receivable from insurance
companies or associations or bureaus not meeting the preceding
standards of this Section if collateralized in the manner prescribed
by Section 173.1.
(n) Tax refunds due from the United States or any state, the
Government of Canada or any province, or the Commonwealth of Puerto
Rico or amounts due to a subsidiary from a parent under a tax
allocation agreement that conforms with rules adopted by the
Director.
(o) The interest accrued on mortgage loans conforming to this
Code, not exceeding an aggregate amount on an individual loan of one
year's total due and accrued interest.
(p) The rents accrued and owing to the company on real and
personal property, directly or beneficially owned, not exceeding on
each individual property the amount of one year's total due and
accrued rent.
(q) Interest or rents accrued on conditional sales agreements,
security interests, chattel mortgages and real or personal property
under lease to other corporations, all conforming to this Code, and
not exceeding on any individual investment, the amount of one year's
total due and accrued interest or rent.
(r) The fixed and required interest due and accrued on bonds and
other like evidences of indebtedness, conforming to this Code, and
not in default.
(s) Dividends receivable on shares of stock conforming to this
Code; provided that the market price taken for valuation purposes
does not include the value of the dividend.
(t) The interest or dividends due and payable, but not credited,
on deposits in banks and trust companies or on accounts with savings
and loan associations.
(u) Interest accrued on secured loans conforming to this Code,
not exceeding the amount of one year's interest on any loan.
(v) Interest accrued on tax anticipation warrants.
(w) The value of electronic computer or data processing machines
or systems purchased for use in connection with the business of the
company, if such machines or systems whenever purchased have an
aggregate original cost to the company of at least $75,000. The
amortized value of such machines or systems at the end of any
calendar year shall not be greater than the original purchase price
less 10% for each completed year, or pro rata portion for any
fraction thereof, after such purchase, with the total admissible
value at any statement date to be limited to an amount not exceeding
2% of the company's admitted assets at such statement date.
(1) (x) Amounts, other than premium, receivable from affiliates,
not outstanding for more than 3 months, and arising under, management
contracts or service agreements which meet the requirements of
Section 141.1 of the Illinois Insurance Code to the extent that the
affiliate has liquid assets sufficient to pay the balance. The
amount of those receivables included in admitted assets may not
exceed the lesser of 5% of the company's admitted assets or 10% of
the company's surplus as regards policyholders. For purposes of this
subsection, "affiliate" has the meaning given that term in Article
VIII 1/2 of the Illinois Insurance Code.
(2) Amounts permitted under Section 136.
(y) Property and liability guaranty fund or guaranty association
assessments paid in any state, but only to the extent it is probable
the company will be able to offset those assessments against present
or future premium taxes or income taxes payable in the state in which
the assessments were paid. The amount of those assessments allowed
as admitted assets may not exceed the lesser of 5% of the company's
total admitted assets or 10% of the company's surplus as regards
HOUSE OF REPRESENTATIVES 4261
policyholders. The Director may disallow any such assessment as an
admitted asset to the extent he determines a company is unlikely to
realize a present or future premium tax or income tax offset as a
result of the assessment.
(Source: P.A. 89-97, eff. 7-7-95; 89-669, eff. 1-1-97; 90-418, eff.
8-15-97.)
(215 ILCS 5/35A-5)
Sec. 35A-5. Definitions. As used in this Article, the terms
listed in this Section have the meaning given herein.
"Adjusted RBC Report" means an RBC Report that has been adjusted
by the Director in accordance with subsection (f) (e) of Section
35A-10.
"Authorized control level RBC" means the number determined under
the risk-based capital formula in accordance with the RBC
Instructions.
"Company action level RBC" means the product of 2.0 and the
insurer's authorized control level RBC.
"Corrective Order" means an order issued by the Director in
accordance with Article XII 1/2 specifying corrective actions that
the Director determines are required.
"Domestic insurer" means any insurance company domiciled in this
State under Article II, Article III, Article III 1/2, or Article IV
or a health organization as defined by this Article, except this
shall include only those health maintenance organizations that are
"domestic companies" in accordance with Section 5-3 of the Health
Maintenance Organization Act and only those limited health service
organizations that are "domestic companies" in accordance with
Section 4003 of the Limited Health Service Organization Act.
"Foreign insurer" means any foreign or alien insurance company
licensed under Article VI that is not domiciled in this State and any
health maintenance organization that is not a "domestic company" in
accordance with Section 5-3 of the Health Maintenance Organization
Act and any limited health service organization that is not a
"domestic company" in accordance with Section 4003 of the Limited
Health Service Organization Act.
"Health organization" means an entity operating under a
certificate of authority issued pursuant to the Health Maintenance
Organization Act, the Dental Service Plan Act, the Limited Health
Service Organization Act, or the Voluntary Health Services Plans Act,
unless the entity is otherwise defined as a "life, health, or life
and health insurer" pursuant to this Act.
"Life, health, or life and health insurer" means an insurance
company that has authority to transact the kinds of insurance
described in either or both clause (a) or clause (b) of Class 1 of
Section 4 or a licensed property and casualty insurer writing only
accident and health insurance.
"Mandatory control level RBC" means the product of 0.70 and the
insurer's authorized control level RBC.
"NAIC" means the National Association of Insurance Commissioners.
"Negative trend" means, with respect to a life, health, or life
and health insurer, a negative trend over a period of time, as
determined in accordance with the trend test calculation included in
the RBC Instructions.
"Property and casualty insurer" means an insurance company that
has authority to transact the kinds of insurance in either or both
Class 2 or Class 3 of Section 4 or a licensed insurer writing only
insurance authorized under clause (c) of Class 1, but does not
include monoline mortgage guaranty insurers, financial guaranty
insurers, and title insurers.
"RBC" means risk-based capital.
"RBC Instructions" means the RBC Report including risk-based
4262 JOURNAL OF THE [May 13, 1999]
capital instructions adopted by the NAIC as those instructions may be
amended by the NAIC from time to time in accordance with the
procedures adopted by the NAIC.
"RBC level" means an insurer's company action level RBC,
regulatory action level RBC, authorized control level RBC, or
mandatory control level RBC.
"RBC Plan" means a comprehensive financial plan containing the
elements specified in subsection (b) of Section 35A-15.
"RBC Report" means the risk-based capital report required under
Section 35A-10.
"Receivership" means conservation, rehabilitation, or liquidation
under Article XIII.
"Regulatory action level RBC" means the product of 1.5 and the
insurer's authorized control level RBC.
"Revised RBC Plan" means an RBC Plan rejected by the Director and
revised by the insurer with or without the Director's
recommendations.
"Total adjusted capital" means the sum of (1) an insurer's
statutory capital and surplus and (2) any other items that the RBC
Instructions may provide.
(Source: P.A. 89-97, eff. 7-7-95; 90-794, eff. 8-14-98.)
(215 ILCS 5/35A-10)
Sec. 35A-10. RBC Reports.
(a) On or before each March 1 (the "filing date"), every
domestic insurer shall prepare and submit to the Director a report of
its RBC levels as of the end of the previous calendar year in the
form and containing the information required by the RBC Instructions.
Every domestic insurer shall also file its RBC Report with the NAIC
in accordance with the RBC Instructions. In addition, if requested
in writing by the chief insurance regulatory official of any state in
which it is authorized to do business, every domestic insurer shall
file its RBC Report with that official no later than the later of 15
days after the insurer receives the written request or the filing
date.
(b) A life, health, or life and health insurer's RBC shall be
determined under the formula set forth in the RBC Instructions. The
formula shall take into account (and may adjust for the covariance
between):
(1) the risk with respect to the insurer's assets;
(2) the risk of adverse insurance experience with respect
to the insurer's liabilities and obligations;
(3) the interest rate risk with respect to the insurer's
business; and
(4) all other business risks and other relevant risks set
forth in the RBC Instructions.
These risks shall be determined in each case by applying the factors
in the manner set forth in the RBC Instructions.
(c) A property and casualty insurer's RBC shall be determined in
accordance with the formula set forth in the RBC Instructions. The
formula shall take into account (and may adjust for the covariance
between):
(1) asset risk;
(2) credit risk;
(3) underwriting risk; and
(4) all other business risks and other relevant risks set
forth in the RBC Instructions.
These risks shall be determined in each case by applying the factors
in the manner set forth in the RBC Instructions.
(d) A health organization's RBC shall be determined in
accordance with the formula set forth in the RBC Instructions. The
formula shall take the following into account (and may adjust for the
HOUSE OF REPRESENTATIVES 4263
covariance between):
(1) asset risk;
(2) credit risk;
(3) underwriting risk; and
(4) all other business risks and other relevant risks set
forth in the RBC Instructions.
These risks shall be determined in each case by applying the factors
in the manner set forth in the RBC Instructions.
(e) (d) An excess of capital over the amount produced by the
risk-based capital requirements contained in this Code and the
formulas, schedules, and instructions referenced in this Code is
desirable in the business of insurance. Accordingly, insurers should
seek to maintain capital above the RBC levels required by this Code.
Additional capital is used and useful in the insurance business and
helps to secure an insurer against various risks inherent in, or
affecting, the business of insurance and not accounted for or only
partially measured by the risk-based capital requirements contained
in this Code.
(f) (e) If a domestic insurer files an RBC Report that, in the
judgment of the Director, is inaccurate, the Director shall adjust
the RBC Report to correct the inaccuracy and shall notify the insurer
of the adjustment. The notice shall contain a statement of the
reason for the adjustment.
(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
(215 ILCS 5/35A-15)
Sec. 35A-15. Company action level event.
(a) A company action level event means any of the following
events:
(1) The filing of an RBC Report by an insurer that
indicates that:
(A) the insurer's total adjusted capital is greater
than or equal to its regulatory action level RBC, but less
than its company action level RBC; or
(B) The insurer, if a life, health, or life and health
insurer, has total adjusted capital that is greater than or
equal to its company action level RBC, but less than the
product of its authorized control level RBC and 2.5 and has
a negative trend.
(2) The notification by the Director to the insurer of an
Adjusted RBC Report that indicates an event described in
paragraph (1), provided the insurer does not challenge the
Adjusted RBC Report under Section 35A-35.
(3) The notification by the Director to the insurer that
the Director has, after a hearing, rejected the insurer's
challenge under Section 35A-35 to an Adjusted RBC Report that
indicates the event described in paragraph (1).
(b) In the event of a company action level event, the insurer
shall prepare and submit to the Director an RBC Plan that does all of
the following:
(1) Identifies the conditions that contribute to the
company action level event.
(2) Contains proposed corrective actions that the insurer
intends to take and that are expected to result in the
elimination of the company action level event. A health
organization is not prohibited from proposing recognition of a
parental guarantee or a letter of credit to eliminate the company
action level event; however the Director shall, at his
discretion, determine whether or the extent to which the proposed
parental guarantee or letter of credit is an acceptable part of a
satisfactory RBC Plan or Revised RBC Plan.
(3) Provides projections of the insurer's financial results
4264 JOURNAL OF THE [May 13, 1999]
in the current year and at least the 4 succeeding years, both in
the absence of proposed corrective actions and giving effect to
the proposed corrective actions, including projections of
statutory operating income, net income, capital, and surplus.
The projections for both new and renewal business may include
separate projections for each major line of business and
separately identify each significant income, expense, and benefit
component.
(4) Identifies the key assumptions affecting the insurer's
projections and the sensitivity of the projections to the
assumptions.
(5) Identifies the quality of, and problems associated
with, the insurer's business including, but not limited to, its
assets, anticipated business growth and associated surplus
strain, extraordinary exposure to risk, mix of business, and use
of reinsurance, if any, in each case.
(c) The insurer shall submit the RBC Plan to the Director
within 45 days after the company action level event occurs or within
45 days after the Director notifies the insurer that the Director
has, after a hearing, rejected its challenge under Section 35A-35 to
an Adjusted RBC Report.
(d) Within 60 days after an insurer submits an RBC Plan to the
Director, the Director shall notify the insurer whether the RBC Plan
shall be implemented or is, in the judgment of the Director,
unsatisfactory. If the Director determines the RBC Plan is
unsatisfactory, the notification to the insurer shall set forth the
reasons for the determination and may set forth proposed revisions
that will render the RBC Plan satisfactory in the judgment of the
Director. Upon notification from the Director, the insurer shall
prepare a Revised RBC Plan, which may incorporate by reference any
revisions proposed by the Director. The insurer shall submit the
Revised RBC Plan to the Director within 45 days after the Director
notifies the insurer that the RBC Plan is unsatisfactory or within 45
days after the Director notifies the insurer that the Director has,
after a hearing, rejected its challenge under Section 35A-35 to the
determination that the RBC Plan is unsatisfactory.
(e) In the event the Director notifies an insurer that its RBC
Plan or Revised RBC Plan is unsatisfactory, the Director may, at the
Director's discretion and subject to the insurer's right to a hearing
under Section 35A-35, specify in the notification that the
notification constitutes a regulatory action level event.
(f) Every domestic insurer that files an RBC Plan or Revised RBC
Plan with the Director shall file a copy of the RBC Plan or Revised
RBC Plan with the chief insurance regulatory official in any state in
which the insurer is authorized to do business if that state has a
law substantially similar to the confidentiality provisions in
subsection (a) of Section 35A-50 and if that official requests in
writing a copy of the plan. The insurer shall file a copy of the RBC
Plan or Revised RBC Plan in that state no later than the later of 15
days after receiving the written request for the copy or the date on
which the RBC Plan or Revised RBC Plan is filed under subsection (c)
or (d) of this Section.
(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
(215 ILCS 5/35A-20)
Sec. 35A-20. Regulatory action level event.
(a) A regulatory action level event means any of the following
events:
(1) The filing of an RBC Report by the insurer that
indicates that the insurer's total adjusted capital is greater
than or equal to its authorized control level RBC, but less than
its regulatory action level RBC.
HOUSE OF REPRESENTATIVES 4265
(2) The notification by the Director to an insurer of an
Adjusted RBC Report that indicates the event described in
paragraph (1), provided the insurer does not challenge the
Adjusted RBC Report under Section 35A-35.
(3) The notification by the Director to the insurer that
the Director has, after a hearing, rejected the insurer's
challenge under Section 35A-35 to an Adjusted RBC Report that
indicates the event described in paragraph (1).
(4) The failure of the insurer to file an RBC Report by the
filing date, unless the insurer has provided an explanation for
the failure that is satisfactory to the Director and has cured
the failure within 10 days after the filing date.
(5) The failure of the insurer to submit an RBC Plan to the
Director within the time period set forth in subsection (c) of
Section 35A-15.
(6) The notification by the Director to the insurer that
the insurer's RBC Plan or revised RBC Plan is, in the judgment of
the Director, unsatisfactory and that the notification
constitutes a regulatory action level event with respect to the
insurer, provided the insurer does not challenge the
determination under Section 35A-35.
(7) The notification by the Director to the insurer that
the Director has, after a hearing, rejected the insurer's
challenge under Section 35A-35 to the determination made by the
Director under paragraph (6).
(8) The notification by the Director to the insurer that
the insurer has failed to adhere to its RBC Plan or Revised RBC
Plan, but only if that failure has a substantial adverse effect
on the ability of the insurer to eliminate the company action
level event in accordance with its RBC Plan or Revised RBC Plan
and the Director has so stated in the notification, provided the
insurer does not challenge the determination under Section
35A-35.
(9) The notification by the Director to the insurer that
the Director has, after a hearing, rejected the insurer's
challenge under Section 35A-35 to the determination made by the
Director under paragraph (8).
(b) In the event of a regulatory action level event, the
Director shall do all of the following:
(1) Require the insurer to prepare and submit an RBC Plan
or, if applicable, a Revised RBC Plan to the Director within 45
days after the regulatory action level event occurs or within 45
days after the Director notifies the insurer that the Director
has, after a hearing, rejected its challenge under Section 35A-35
to either an Adjusted RBC Report or a Revised RBC Plan. However,
if the insurer previously prepared and submitted an RBC Plan or a
Revised RBC Plan in accordance with any provision of this
Article, the Director may determine that the previously prepared
RBC Plan or Revised RBC Plan satisfies the requirement of this
subsection (b)(1).
(2) Perform any examination or analysis of the assets,
liabilities, and operations of the insurer, including a review of
its RBC Plan or Revised RBC Plan, that the Director deems
necessary.
(3) After the examination or analysis, issue a Corrective
Order specifying the corrective actions the Director determines
are required.
(c) In determining corrective actions, the Director may take
into account any factors the Director deems relevant based upon the
examination or analysis of the assets, liabilities, and operations of
the insurer including, but not limited to, the results of any
4266 JOURNAL OF THE [May 13, 1999]
sensitivity tests undertaken under the RBC Instructions. The
regulatory action level event shall be deemed sufficient grounds for
the Director to issue a Corrective Order in accordance with Article
XII 1/2. The Director shall have rights, powers, and duties with
respect to the insurer that are set forth in Article XII 1/2 and the
insurer shall be entitled to the protections afforded insurers under
Article XII 1/2.
(d) The Director may retain actuaries, investment experts, and
other consultants necessary to review an insurer's RBC Plan or
Revised RBC Plan, examine or analyze the assets, liabilities, and
operations of the insurer, and formulate the Corrective Order with
respect to the insurer. The fees, costs, and expenses related to the
actuaries, investment experts, and other consultants shall be
reasonable and customary for the nature of the services provided and
shall be borne by the affected insurer or the party designated by the
Director.
(Source: P.A. 89-97, eff. 7-7-95; 90-794, eff. 8-14-98.)
(215 ILCS 5/35A-30)
Sec. 35A-30. Mandatory control level event.
(a) A mandatory control level event means any of the following
events:
(1) The filing of an RBC Report that indicates that the
insurer's total adjusted capital is less than its mandatory
control level RBC.
(2) The notification by the Director to the insurer of an
Adjusted RBC Report that indicates the event described in
paragraph (1), provided the insurer does not challenge the
Adjusted RBC Report under Section 35A-35.
(3) The notification by the Director to the insurer that
the Director has, after a hearing, rejected the insurer's
challenge under Section 35A-35 to the Adjusted RBC Report that
indicates the event described in paragraph (1).
(b) In the event of a mandatory control level event with respect
to a life, health, or life and health insurer, the Director shall
take actions necessary to place the insurer in receivership under
Article XIII. In that event, the mandatory control level event shall
be deemed sufficient grounds for the Director to take action under
Article XIII, and the Director shall have the rights, powers, and
duties with respect to the insurer that are set forth in Article
XIII. If the Director takes action under this subsection regarding
an Adjusted RBC Report, the insurer shall be entitled to the
protections of Article XIII. If the Director finds that there is a
reasonable expectation that the mandatory control level event may be
eliminated within 90 days after it occurs, the Director may delay
action for not more than 90 days after the mandatory control level
event.
(c) In the case of a mandatory control level event with respect
to a property and casualty insurer, the Director shall take the
actions necessary to place the insurer in receivership under Article
XIII or, in the case of an insurer that is writing no business and
that is running-off its existing business, may allow the insurer to
continue its run-off under the supervision of the Director. In
either case, the mandatory control level event is deemed sufficient
grounds for the Director to take action under Article XIII, and the
Director has the rights, powers, and duties with respect to the
insurer that are set forth in Article XIII. If the Director takes
action regarding an Adjusted RBC Report, the insurer shall be
entitled to the protections of Article XIII. If the Director finds
that there is a reasonable expectation that the mandatory control
level event may be eliminated within 90 days after it occurs, the
Director may delay action for not more than 90 days after the
HOUSE OF REPRESENTATIVES 4267
mandatory control level event.
(d) In the case of a mandatory control level event with respect
to a health organization, the Director shall take the actions
necessary to place the insurer in receivership under Article XIII or,
in the case of an insurer that is writing no business and that is
running-off its existing business, may allow the insurer to continue
its run-off under the supervision of the Director. In either case,
the mandatory control level event is deemed sufficient grounds for
the Director to take action under Article XIII, and the Director has
the rights, powers, and duties with respect to the insurer that are
set forth in Article XIII. If the Director takes action regarding an
Adjusted RBC Report, the insurer shall be entitled to the protections
of Article XIII. If the Director finds that there is a reasonable
expectation that the mandatory control level event may be eliminated
within 90 days after it occurs, the Director may delay action for not
more than 90 days after the mandatory control level event.
(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
(215 ILCS 5/35A-55)
Sec. 35A-55. Provisions of Article supplemental; exemptions.
(a) The provisions of this Article are supplemental to the
provisions of any other laws of this State and do not preclude or
limit other powers or duties of the Director under any other laws.
(b) The Director may exempt from the application of this Article
any domestic property and casualty insurer that:
(1) writes direct business only in this State;
(2) writes direct annual premiums of $2,000,000 or less;
and
(3) assumes no reinsurance in excess of 5% of direct
premium written.
(c) The Director may exempt from the application of this Article
any company that is organized under Article IV of this Code, that
writes direct business only in this State, and that assumes no
reinsurance in excess of 5% of direct written premiums.
(d) The Director may exempt from the application of this Article
any domestic health organization upon a showing by the health
organization of the reasons for requesting the exemption and a
determination by the Director of good cause for an exemption.
(e) (d) The Director may by rule impose upon any insurer
exempted from the application of this Article under subsection (b),
or (c), or (d) of this Section conditions to the exemption that
require maintenance of adequate capital. These conditions shall not
exceed the requirements of this Article.
(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
(215 ILCS 5/35A-60)
Sec. 35A-60. Phase-in of Article.
(a) For RBC Reports filed with respect to the December 31, 1993
annual statement, instead of the provisions of Sections 35A-15,
35A-20, 35A-25, and 35A-30, the following provisions apply:
(1) In the event of a company action level event, the
Director shall take no action under this Article.
(2) In the event of a regulatory action level event under
paragraph (1), (2), or (3) of subsection (a) of Section 35A-20,
the Director shall take the actions required under Section
35A-15.
(3) In the event of a regulatory action level event under
paragraph (4), (5), (6), (7), (8), or (9) of subsection (a) of
Section 35A-20 or an authorized control level event, the Director
shall take the actions required under Section 35A-20.
(4) In the event of a mandatory control level event, the
Director shall take the actions required under Section 35A-25.
(b) For RBC Reports required to be filed by property and
4268 JOURNAL OF THE [May 13, 1999]
casualty insurers with respect to the December 31, 1995 annual
statement, instead of the provisions of Section 35A-15, 35A-20,
35A-25, and 35A-30, the following provisions apply:
(1) In the event of a company action level event with
respect to a domestic insurer, the Director shall take no
regulatory action under this Article.
(2) In the event of a an regulatory action level event
under paragraph (1), (2) or (3) of subsection (a) of Section
35A-20, the Director shall take the actions required under
Section 35A-15.
(3) In the event of a an regulatory action level event
under paragraph (4), (5), (6), (7), (8), or (9) of subsection (a)
of Section 35A-20 or an authorized control level event, the
Director shall take the actions required under Section 35A-20.
(4) In the event of a mandatory control level event, the
Director shall take the actions required under Section 35A-25.
(c) For RBC Reports required to be filed by health organizations
with respect to the December 31, 1999 annual statement and the
December 31, 2000 annual statement, instead of the provisions of
Sections 35A-15, 35A-20, 35A-25, and 35A-30, the following provisions
apply:
(1) In the event of a company action level event with
respect to a domestic insurer, the Director shall take no
regulatory action under this Article.
(2) In the event of a regulatory action level event under
paragraph (1), (2), or (3) of subsection (a) of Section 35A-20,
the Director shall take the actions required under Section
35A-15.
(3) In the event of a regulatory action level event under
paragraph (4), (5), (6), (7), (8), or (9) of subsection (a) of
Section 35A-20 or an authorized control level event, the Director
shall take the actions required under Section 35A-20.
(4) In the event of a mandatory control level event, the
Director shall take the actions required under Section 35A-25.
This subsection does not apply to a health organization that
provides or arranges for a health care plan under which enrollees may
access health care services from contracted providers without a
referral from their primary care physician.
Nothing in this subsection shall preclude or limit other powers
or duties of the Director under any other laws.
(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
(215 ILCS 5/245) (from Ch. 73, par. 857)
Sec. 245. Salaries; pensions.
(1) No domestic life company shall directly or indirectly pay
any salary, compensation or emolument to any officer, trustee or
director thereof, or any salary, compensation or emolument amounting
in any year to more than $200,000 $100,000 to any person, firm or
corporation, unless such payment be first authorized by a vote of the
board of directors of such company, which vote shall be duly recorded
in the records of the company. No such domestic life company shall
make any agreement with any of its officers, trustees or salaried
employees whereby it agrees that for any services rendered or to be
rendered he shall receive any salary, compensation or emolument,
directly or indirectly, that will extend beyond a period of three
years from the date of such agreement except that payment of an
amount not in excess of 20% of the salary of any of its officers,
trustees, or salaried employees may by written agreement be deferred
beyond such period of three years, which agreement may include
conditions to be met by such officer, trustee, or salaried employee
before payment will be made. The limitation as to time contained
herein shall not apply to a contract for renewal commissions with any
HOUSE OF REPRESENTATIVES 4269
such officer, trustee or salaried employee who is also an agent of
the company nor shall such limitation be construed as preventing a
domestic company from entering into contracts with its agents for the
payment of renewal commissions.
(2) No such life company shall grant any pension to any officer,
director or trustee thereof or to any member of his family after his
death except that it may provide a pension pursuant to the terms of
the uniform retirement plan adopted by the board of directors and for
any person who is or has been a salaried officer or employee of such
company and who may retire by reason of age or disability.
(3) No such company shall hereafter create or establish any
account or fund for the purpose of promoting the health or welfare of
its employees except from annual accretions to earned surplus
computed in the manner provided by this Code. Contributions to such
fund by any company in any calendar year shall not exceed 15% of the
accretion to earned surplus in such calendar year. Before such
account or fund shall be established, maintained or operated, the
plan for such account or fund and its method of operation shall be
approved by the board of directors of the company, and submitted to
the shareholders in the case of a stock company, or members in the
case of a mutual company, at a special meeting called for the purpose
of considering such plan. Contributions to the fund from sources
other than the company may be provided for in the operation of the
plan. No amount held in such fund or account whether contributed by
the company or from any other source shall be considered an admitted
asset as defined in this Code, nor considered in determining the
solvency of such company, nor be subject to the provisions of this
Code.
(Source: P.A. 86-384.)
(215 ILCS 5/356h) (from Ch. 73, par. 968h)
Sec. 356h. No individual or group policy of accident and health
insurance which covers the insured's immediate family or children, as
well as covering the insured, shall exclude a child from coverage or
limit coverage for a child solely because the child is an adopted
child, or solely because the child does not reside with the insured.
For purposes of this Section, a child who is in the custody of the
insured, pursuant to an interim court order of adoption or, in the
case of group insurance, placement of adoption, whichever comes
first, vesting temporary care of the child in the insured, is an
adopted child, regardless of whether a final order granting adoption
is ultimately issued.
(Source: P.A. 86-649.)
(215 ILCS 5/356v)
Sec. 356v. Use of information derived from genetic testing.
After the effective date of this amendatory Act of 1997, an insurer
must comply with the provisions of the Genetic Information Privacy
Act in connection with the amendment, delivery, issuance, or renewal
of, or claims for or denial of coverage under, an individual or group
policy of accident and health insurance. Additionally, genetic
information shall not be treated as a condition described in item (1)
of subsection (A) of Section 20 of the Illinois Health Insurance
Portability and Accountability Act in the absence of a diagnosis of
the condition related to that genetic information.
(Source: P.A. 90-25, eff. 1-1-98; 90-655, eff. 7-30-98.)
(215 ILCS 5/364) (from Ch. 73, par. 976)
Sec. 364. Discrimination prohibited. Discrimination between
individuals of the same class of risk in the issuance of its policies
or in the amount of premiums or rates charged for any insurance
covered by this article, or in the benefits payable thereon, or in
any of the terms or conditions of such policy, or in any other manner
whatsoever is prohibited. Nothing in this provision shall prohibit an
4270 JOURNAL OF THE [May 13, 1999]
insurer from providing incentives for insureds to utilize the
services of a particular hospital or person. It is hereby expressly
provided that whenever the terms "physician" or "doctor" appear or
are used in any way in any policy of accident or health insurance
issued in this state, said terms shall include within their meaning
persons licensed to practice dentistry under the Illinois Dental
Practice Act with regard to benefits payable for services performed
by a person so licensed, which such services are within the coverage
provided by the particular policy or contract of insurance and are
within the professional services authorized to be performed by such
person under and in accordance with the said Act.
No company, in any policy of accident or health insurance issued
in this State, shall make or permit any distinction or discrimination
against individuals solely because of handicaps or disabilities in
the amount of payment of premiums or rates charged for policies of
insurance, in the amount of any dividends or other benefits payable
thereon, or in any other terms and conditions of the contract it
makes, except where the distinction or discrimination is based on
sound actuarial principles or is related to actual or reasonably
anticipated experience.
No company shall refuse to insure, or refuse to continue to
insure, or limit the amount or extent or kind of coverage available
to an individual, or charge an individual a different rate for the
same coverage solely because of blindness or partial blindness. With
respect to all other conditions, including the underlying cause of
the blindness or partial blindness, persons who are blind or
partially blind shall be subject to the same standards of sound
actuarial principles or actual or reasonably anticipated experience
as are sighted persons. Refusal to insure includes denial by an
insurer of disability insurance coverage on the grounds that the
policy defines "disability" as being presumed in the event that the
insured loses his or her eyesight. However, an insurer may exclude
from coverage disabilities consisting solely of blindness or partial
blindness when such condition existed at the time the policy was
issued.
(Source: P.A. 85-1209.)
(215 ILCS 5/367) (from Ch. 73, par. 979)
Sec. 367. Group accident and health insurance.
(1) Group accident and health insurance is hereby declared to be
that form of accident and health insurance covering not less than 2
10 employees, members, or employees of members, (except in case of
volunteer fire departments the number shall not be less than 5
members) written under a master policy issued to any governmental
corporation, unit, agency or department thereof, or to any
corporation, copartnership, individual employer, or to any
association upon application of an executive officer or trustee of
such association having a constitution or bylaws and formed in good
faith for purposes other than that of obtaining insurance, where
officers, members, employees, employees of members or classes or
department thereof, may be insured for their individual benefit. In
addition a group accident and health policy may be written to insure
any group which may be insured under a group life insurance policy.
The term "employees" shall include the officers, managers and
employees of subsidiary or affiliated corporations, and the
individual proprietors, partners and employees of affiliated
individuals and firms, when the business of such subsidiary or
affiliated corporations, firms or individuals, is controlled by a
common employer through stock ownership, contract or otherwise.
(2) Any insurance company authorized to write accident and
health insurance in this State shall have power to issue group
accident and health policies. No policy of group accident and health
HOUSE OF REPRESENTATIVES 4271
insurance may be issued or delivered in this State unless a copy of
the form thereof shall have been filed with the department and
approved by it in accordance with Section 355, and it contains in
substance those provisions contained in Sections 357.1 through 357.30
as may be applicable to group accident and health insurance and the
following provisions:
(a) A provision that the policy, the application of the
employer, or executive officer or trustee of any association, and
the individual applications, if any, of the employees, members or
employees of members insured shall constitute the entire contract
between the parties, and that all statements made by the
employer, or the executive officer or trustee, or by the
individual employees, members or employees of members shall (in
the absence of fraud) be deemed representations and not
warranties, and that no such statement shall be used in defense
to a claim under the policy, unless it is contained in a written
application.
(b) A provision that the insurer will issue to the
employer, or to the executive officer or trustee of the
association, for delivery to the employee, member or employee of
a member, who is insured under such policy, an individual
certificate setting forth a statement as to the insurance
protection to which he is entitled and to whom payable.
(c) A provision that to the group or class thereof
originally insured shall be added from time to time all new
employees of the employer, members of the association or
employees of members eligible to and applying for insurance in
such group or class.
(3) Anything in this code to the contrary notwithstanding, any
group accident and health policy may provide that all or any portion
of any indemnities provided by any such policy on account of
hospital, nursing, medical or surgical services, may, at the
insurer's option, be paid directly to the hospital or person
rendering such services; but the policy may not require that the
service be rendered by a particular hospital or person. Payment so
made shall discharge the insurer's obligation with respect to the
amount of insurance so paid. Nothing in this subsection (3) shall
prohibit an insurer from providing incentives for insureds to utilize
the services of a particular hospital or person.
(4) Special group policies may be issued to school districts
providing medical or hospital service, or both, for pupils of the
district injured while participating in any athletic activity under
the jurisdiction of or sponsored or controlled by the district or the
authorities of any school thereof. The provisions of this Section
governing the issuance of group accident and health insurance shall,
insofar as applicable, control the issuance of such policies issued
to schools.
(5) No policy of group accident and health insurance may be
issued or delivered in this State unless it provides that upon the
death of the insured employee or group member the dependents'
coverage, if any, continues for a period of at least 90 days subject
to any other policy provisions relating to termination of dependents'
coverage.
(6) No group hospital policy covering miscellaneous hospital
expenses issued or delivered in this State shall contain any
exception or exclusion from coverage which would preclude the payment
of expenses incurred for the processing and administration of blood
and its components.
(7) No policy of group accident and health insurance, delivered
in this State more than 120 days after the effective day of the
Section, which provides inpatient hospital coverage for sicknesses
4272 JOURNAL OF THE [May 13, 1999]
shall exclude from such coverage the treatment of alcoholism. This
subsection shall not apply to a policy which covers only specified
sicknesses.
(8) No policy of group accident and health insurance, which
provides benefits for hospital or medical expenses based upon the
actual expenses incurred, issued or delivered in this State shall
contain any specific exception to coverage which would preclude the
payment of actual expenses incurred in the examination and testing of
a victim of an offense defined in Sections 12-13 through 12-16 of the
Criminal Code of 1961, or an attempt to commit such offense, to
establish that sexual contact did occur or did not occur, and to
establish the presence or absence of sexually transmitted disease or
infection, and examination and treatment of injuries and trauma
sustained by the victim of such offense, arising out of the offense.
Every group policy of accident and health insurance which
specifically provides benefits for routine physical examinations
shall provide full coverage for expenses incurred in the examination
and testing of a victim of an offense defined in Sections 12-13
through 12-16 of the Criminal Code of 1961, or an attempt to commit
such offense, as set forth in this Section. This subsection shall not
apply to a policy which covers hospital and medical expenses for
specified illnesses and injuries only.
(9) For purposes of enabling the recovery of State funds, any
insurance carrier subject to this Section shall upon reasonable
demand by the Department of Public Health disclose the names and
identities of its insureds entitled to benefits under this provision
to the Department of Public Health whenever the Department of Public
Health has determined that it has paid, or is about to pay, hospital
or medical expenses for which an insurance carrier is liable under
this Section. All information received by the Department of Public
Health under this provision shall be held on a confidential basis and
shall not be subject to subpoena and shall not be made public by the
Department of Public Health or used for any purpose other than that
authorized by this Section.
(10) Whenever the Department of Public Health finds that it has
paid all or part of any hospital or medical expenses which an
insurance carrier is obligated to pay under this Section, the
Department of Public Health shall be entitled to receive
reimbursement for its payments from such insurance carrier provided
that the Department of Public Health has notified the insurance
carrier of its claim before the carrier has paid the benefits to its
insureds or the insureds' assignees.
(11) (a) No group hospital, medical or surgical expense policy
shall contain any provision whereby benefits otherwise payable
thereunder are subject to reduction solely on account of the
existence of similar benefits provided under other group or
group-type accident and sickness insurance policies where such
reduction would operate to reduce total benefits payable under
these policies below an amount equal to 100% of total allowable
expenses provided under these policies.
(b) When dependents of insureds are covered under 2
policies, both of which contain coordination of benefits
provisions, benefits of the policy of the insured whose birthday
falls earlier in the year are determined before those of the
policy of the insured whose birthday falls later in the year.
Birthday, as used herein, refers only to the month and day in a
calendar year, not the year in which the person was born. The
Department of Insurance shall promulgate rules defining the order
of benefit determination pursuant to this paragraph (b).
(12) Every group policy under this Section shall be subject to
the provisions of Sections 356g and 356n of this Code.
HOUSE OF REPRESENTATIVES 4273
(13) No accident and health insurer providing coverage for
hospital or medical expenses on an expense incurred basis shall deny
reimbursement for an otherwise covered expense incurred for any organ
transplantation procedure solely on the basis that such procedure is
deemed experimental or investigational unless supported by the
determination of the Office of Health Care Technology Assessment
within the Agency for Health Care Policy and Research within the
federal Department of Health and Human Services that such procedure
is either experimental or investigational or that there is
insufficient data or experience to determine whether an organ
transplantation procedure is clinically acceptable. If an accident
and health insurer has made written request, or had one made on its
behalf by a national organization, for determination by the Office of
Health Care Technology Assessment within the Agency for Health Care
Policy and Research within the federal Department of Health and Human
Services as to whether a specific organ transplantation procedure is
clinically acceptable and said organization fails to respond to such
a request within a period of 90 days, the failure to act may be
deemed a determination that the procedure is deemed to be
experimental or investigational.
(14) Whenever a claim for benefits by an insured under a dental
prepayment program is denied or reduced, based on the review of x-ray
films, such review must be performed by a dentist.
(Source: P.A. 89-187, eff. 7-19-95.)
(215 ILCS 5/367i) (from Ch. 73, par. 979i)
Sec. 367i. Discontinuance and replacement of coverage. Group
health insurance policies issued, amended, delivered or renewed on
and after the effective date of this amendatory Act of 1989, shall
provide a reasonable extension of benefits in the event of total
disability on the date the policy is discontinued for any reason.
Any applicable extension of benefits or accrued liability shall
be described in the policy and group certificate. Benefits payable
during any extension of benefits may be subject to the policy's
regular benefit limits.
Any insurer discontinuing a group health insurance policy shall
provide to the policyholder for delivery to covered employees or
members a notice as to the date such discontinuation is to be
effective and urging them to refer to their group certificates to
determine what contract rights, if any, are available to them.
In the event a discontinued policy is replaced by another group
policy, the prior insurer or plan shall be liable only to the extent
of its accrued liabilities and extension of benefits. Persons
eligible for coverage under the succeeding insurer's plan or policy
shall include all employees and dependents covered under the prior
insurer's plan, including disabled individuals covered under the
prior plan but absent from work on the effective date and thereafter.
The prior insurer shall provide extension of benefits for an
insured's disabling condition when no coverage is available under the
succeeding insurer's plan whether due to the absence of coverage in
the contract or lack of required creditable coverage for a
preexisting condition. be covered by that policy. Persons not
eligible for coverage under the succeeding insurer's policy shall,
until such time as such person becomes eligible, be covered by the
succeeding insurer's policy in such a way as to ensure that such
persons shall be treated no less favorably than had the change in
insurers not occurred.
The Director shall promulgate reasonable rules as necessary to
carry out this Section.
(Source: P.A. 86-537.)
Section 10. The Dental Service Plan Act is amended by changing
Section 25 as follows:
4274 JOURNAL OF THE [May 13, 1999]
(215 ILCS 110/25) (from Ch. 32, par. 690.25)
Sec. 25. Application of Insurance Code provisions. Dental
service plan corporations and all persons interested therein or
dealing therewith shall be subject to the provisions of Articles IIA
and Article XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149,
355.2, 367.2, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
subsection (15) of Section 367 of the Illinois Insurance Code.
(Source: P.A. 86-600; 87-587; 87-1090.)
Section 15. The Health Maintenance Organization Act is amended
by changing Sections 1-3, 2-7, 4-9, and 5-3 as follows:
(215 ILCS 125/1-3) (from Ch. 111 1/2, par. 1402.1)
Sec. 1-3. Definitions of admitted assets. "Admitted Assets"
includes the investments authorized or permitted by Section 3-1 of
this Act and, in addition thereto, only the following:
(a) Petty cash and other cash funds in the organization's
principal or any official branch office and under the control of the
organization.
(b) Immediately withdrawable funds on deposit in demand
accounts, in a bank or trust company as defined in paragraph (3) of
subsection (g) of Section 3-1 or like funds actually in the principal
or any official branch office at statement date, and, in transit to
such bank or trust company with authentic deposit credit given prior
to the close of business on the fifth bank working day following the
statement date.
(c) The amount fairly estimated as recoverable on cash deposited
in a closed bank or trust company, if qualifying under the provisions
of this Sec. prior to the suspension of such bank or trust company.
(d) Bills and accounts receivable collateralized by securities
of the kind in which the organization is authorized to invest.
(e) Premiums receivable from groups or individuals which are not
more than 60 days past due. Premiums receivable from the United
States, any state thereof or any political subdivision of either
which is not more than 90 days past due.
(f) Amounts due under insurance policies or reinsurance
arrangements from insurance companies authorized to do business in
this State.
(g) Tax refunds due from the United States, any state or any
political subdivision thereof.
(h) The interest accrued on mortgage loans conforming to Section
3-1 of this Act, not exceeding in aggregate amount on an individual
loan of one year's total due and accrued interest.
(i) The rents accrued and owing to the organization on real and
personal property, directly or beneficially owned, not exceeding on
each individual property the amount of one year's total due and
accrued rent.
(j) Interest or rents accrued on conditional sales agreements,
security interests, chattel mortgages and real or personal property
under lease to other corporations, all conforming to Section 3-1 of
this Act, and not exceeding on any individual investment, the amount
of one year's total due and accrued interest or rent.
(k) The fixed and required interest due and accrued on bonds and
other like evidences of indebtedness, conforming to Section 3-1 of
this Act, and not in default.
(l) Dividends receivable on shares of stock conforming to
Section 3-1 of this Act; provided that the market price taken for
valuation purposes does not include the value of the dividend.
(m) The interest or dividends due and payable, but not credited,
on deposits in banks and trust companies or on accounts with savings
and loan associations.
(n) Interest accrued on secured loans conforming to this Act,
not exceeding the amount of one year's interest on any loan.
HOUSE OF REPRESENTATIVES 4275
(o) Interest accrued on tax anticipation warrants.
(p) The amortized value of electronic computer or data
processing machines or systems purchased for use in connection with
the business of the organization, including software purchased and
developed specifically for the organization's use and purposes.
(q) The cost of furniture, equipment and medical equipment, less
accumulated depreciation thereon, and medical and pharmaceutical
supplies that are used in the delivery of health care and under the
control of the organization, provided such assets do not exceed 30%
of admitted assets.
(1) (r) Amounts due from affiliates pursuant to management
contracts or service agreements which meet the requirements of
Section 141.1 of the Illinois Insurance Code to the extent that the
affiliate has liquid assets with which to pay the balance and
maintain its accounts on a current basis; provided that the aggregate
amount due from affiliates may not exceed the lesser of 10% of the
organization's admitted assets or 25% of the organization's net worth
as defined in Section 3-1. Any amount outstanding more than 3 months
shall be deemed not current. For purpose of this subsection
"affiliates" are as defined in Article VIII 1/2 of the Illinois
Insurance Code.
(s) Intangible assets, including, but not limited to,
organization goodwill and purchased goodwill, to the extent reported
in the most recent annual or quarterly financial statement filed with
the Director preceding the effective date of this Amendatory Act of
1987. However, such assets shall be amortized, by the straight-line
method, to a value of zero no later than December 31, 1990; provided,
however, that no organization shall be required pursuant to the
foregoing provision to amortize such assets in an amount greater than
$300,000 in any one year, and in cases where amortization of such
assets by December 31, 1990 would otherwise require amortization of
an annual amount in excess of $300,000, the organization shall be
required only to amortize such assets at a rate of $300,000 per year
until all such assets have been amortized to a value of zero, unless
the continuation of the current amortization schedule would result in
an earlier zero value, in which case the current amortization
schedule shall be applied.
(t) Amounts due from patients or enrollees for health care
services rendered which are not more than 60 days past due.
(2) (u) Amounts advanced to providers under contract to the
organization for services to be rendered to enrollees pursuant to the
contract. Amounts advanced must be for period of not more than 3
months and must be based on historical or estimated utilization
patterns with the provider and must be reconciled against actual
incurred claims at least semi-annually. Amounts due in the aggregate
may not exceed 50% of the organization's net worth as defined in
Section 3-1. Amounts due from a single provider may not exceed the
lesser of 5% of the organization's admitted assets or 10% of the
organization's net worth.
(3) Amounts permitted under Section 2-7.
(v) Cost reimbursement due from the Health Care Financing
Administration for furnishing covered medicare services to medicare
enrollees which are not more than twelve months past due.
(w) Prepaid rent or lease payments no greater than 3 months in
advance, on real property used for the administration of the
organizations business or for the delivery of medical care.
(Source: P.A. 88-364; revised 10-31-98.)
(215 ILCS 125/2-7) (from Ch. 111 1/2, par. 1407)
Sec. 2-7. Annual statement; audited financial reports enrollment
projections and budget filings.
(a) A health maintenance organization shall file with the
4276 JOURNAL OF THE [May 13, 1999]
Director by March 1st in each year 2 copies of its financial
statement for the year ending December 31st immediately preceding on
forms prescribed by the Director, which shall conform substantially
to the form of statement adopted by the National Association of
Insurance Commissioners. Unless the Director provides otherwise, the
annual statement is to be prepared in accordance with the annual
statement instructions and the Accounting Practices and Procedures
Manual adopted by the National Association of Insurance
Commissioners. The Director shall have power to make such
modifications and additions in this form as he may deem desirable or
necessary to ascertain the condition and affairs of the organization.
The Director shall have authority to extend the time for filing any
statement by any organization for reasons which he considers good and
sufficient. The statement shall be verified by oaths of the president
and secretary of the organization or, in their absence, by 2 other
principal officers. In addition, any organization may be required by
the Director, when he considers that action to be necessary and
appropriate for the protection of enrollees, creditors, shareholders,
subscribers, or claimants, to file, within 60 days after mailing to
the organization a notice that such is required, a supplemental
summary statement as of the last day of any calendar month occurring
during the 100 days next preceding the mailing of such notice
designated by him on forms prescribed and furnished by the Director.
The Director may require supplemental summary statements to be
certified by an independent actuary deemed competent by the Director
or by an independent certified public accountant. Every Health
Maintenance Organization shall annually, on or before the first day
of March, file 2 original copies of its annual statement with the
Director verified by at least two principal officers, covering the
two preceding calendar years. Such annual statement shall be on forms
prescribed by the Director and shall include: (1) financial
statements of the organization; (2) the number of persons enrolled
during the year, the number of enrollees at the end of the year and
the number of enrollments terminated during the year; and (3) such
other information relating to the performance of the Health
Maintenance Organization as is necessary to enable the Director to
carry out his duties under this Act.
Any organization failing, without just cause, to file its annual
statement as required in this Act shall be required, after notice and
hearing, to pay a penalty of $100 for each day's delay, to be
recovered by the Director of Insurance of the State of Illinois and
the penalty so recovered shall be paid into the General Revenue Fund
of the State of Illinois. The Director may reduce the penalty if the
company demonstrates to the Director that the imposition of the
penalty would constitute a financial hardship to the organization.
An annual statement which is not materially complete when filed
shall not be considered to have been properly filed until those
deficiencies which make the filing incomplete have been corrected and
file.
(b) Audited financial reports shall be filed on or before June 1
of each year for the two calendar years immediately preceding and
shall provide an opinion expressed by an independent certified public
accountant on the accompanying financial statement of the Health
Maintenance Organization and a detailed reconciliation for any
differences between the accompanying financial statements and each of
the related financial statements filed in accordance with subsection
(a) of this Section. Any organization failing, without just cause, to
file the annual audited financial statement as required in this Act
shall be required, after the notice and hearing, to pay a penalty of
$100 for each day's delay, to be recovered by the Director of
Insurance of the State of Illinois and the penalty so recovered shall
HOUSE OF REPRESENTATIVES 4277
be paid into the General Revenue Fund of the State of Illinois. The
Director may reduce the penalty if the organization demonstrates to
the Director that the imposition of the penalty would constitute a
financial hardship to the organization.
(c) The Director may require that additional summary financial
information be filed no more often than 3 times per year on reporting
forms provided by him. However, he may request certain key
information on a more frequent basis if necessary for a determination
of the financial viability of the organization.
(d) The Director shall have the authority to extend the time for
filing any statement by any organization for reasons which the
Director considers good and sufficient.
(Source: P.A. 85-20; revised 10-31-98.)
(215 ILCS 125/4-9) (from Ch. 111 1/2, par. 1409.2)
Sec. 4-9. Adopted children. No contract or evidence of coverage
issued by a Health Maintenance Organization which provides for
coverage of dependents of the principal enrollees shall exclude a
child from coverage or eligibility for coverage or limit coverage for
a child solely on the basis that he or she is an adopted child. For
purposes of this Section, a child who is in the custody of a
principal enrollee, pursuant to an interim court order of adoption
or, in the case of group insurance, placement of adoption, whichever
comes first, vesting temporary care of the child in the enrollee, is
an adopted child, regardless of whether a final order granting
adoption is ultimately issued.
(Source: P.A. 86-620.)
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to the
provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143,
143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8,
155.04, 355.2, 356m, 356v, 356w, 356x, 367i, 401, 401.1, 402, 403,
403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII, XII
1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
(b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are deemed to
be "domestic companies":
(1) a corporation authorized under the Dental Service Plan
Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this State;
or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents of
this State, except a corporation subject to substantially the
same requirements in its state of organization as is a "domestic
company" under Article VIII 1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization pursuant
to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to the
continuation of benefits to enrollees and the financial
conditions of the acquired Health Maintenance Organization after
the merger, consolidation, or other acquisition of control takes
effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not apply and
(ii) the Director, in making his determination with respect to
the merger, consolidation, or other acquisition of control, need
not take into account the effect on competition of the merger,
4278 JOURNAL OF THE [May 13, 1999]
consolidation, or other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and the
Health Maintenance Organization sought to be acquired as of
the end of the preceding year and as of a date 90 days prior
to the acquisition, as well as pro forma financial
statements reflecting projected combined operation for a
period of 2 years;
(C) a pro forma business plan detailing an acquiring
party's plans with respect to the operation of the Health
Maintenance Organization sought to be acquired for a period
of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois Insurance
Code and this Section 5-3 shall apply to the sale by any health
maintenance organization of greater than 10% of its enrollee
population (including without limitation the health maintenance
organization's right, title, and interest in and to its health care
certificates).
(e) In considering any management contract or service agreement
subject to Section 141.1 of the Illinois Insurance Code, the Director
(i) shall, in addition to the criteria specified in Section 141.2 of
the Illinois Insurance Code, take into account the effect of the
management contract or service agreement on the continuation of
benefits to enrollees and the financial condition of the health
maintenance organization to be managed or serviced, and (ii) need not
take into account the effect of the management contract or service
agreement on competition.
(f) Except for small employer groups as defined in the Small
Employer Rating, Renewability and Portability Health Insurance Act
and except for medicare supplement policies as defined in Section 363
of the Illinois Insurance Code, a Health Maintenance Organization may
by contract agree with a group or other enrollment unit to effect
refunds or charge additional premiums under the following terms and
conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth in the
group or enrollment unit contract agreed in advance of the period
for which a refund is to be paid or additional premium is to be
charged (which period shall not be less than one year); and
(ii) the amount of the refund or additional premium shall
not exceed 20% of the Health Maintenance Organization's
profitable or unprofitable experience with respect to the group
or other enrollment unit for the period (and, for purposes of a
refund or additional premium, the profitable or unprofitable
experience shall be calculated taking into account a pro rata
share of the Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be made
or additional premium to be paid pursuant to this subsection
(f)). The Health Maintenance Organization and the group or
enrollment unit may agree that the profitable or unprofitable
experience may be calculated taking into account the refund
period and the immediately preceding 2 plan years.
The Health Maintenance Organization shall include a statement in
the evidence of coverage issued to each enrollee describing the
HOUSE OF REPRESENTATIVES 4279
possibility of a refund or additional premium, and upon request of
any group or enrollment unit, provide to the group or enrollment unit
a description of the method used to calculate (1) the Health
Maintenance Organization's profitable experience with respect to the
group or enrollment unit and the resulting refund to the group or
enrollment unit or (2) the Health Maintenance Organization's
unprofitable experience with respect to the group or enrollment unit
and the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance Organization
Guaranty Association be liable to pay any contractual obligation of
an insolvent organization to pay any refund authorized under this
Section.
(Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98; 90-177, eff.
7-23-97; 90-372, eff. 7-1-98; 90-583, eff. 5-29-98; 90-655, eff.
7-30-98; 90-741, eff. 1-1-99; revised 9-8-98.)
Section 20. The Limited Health Service Organization Act is
amended by changing Sections 2007 and 4003 as follows:
(215 ILCS 130/2007) (from Ch. 73, par. 1502-7)
Sec. 2007. Annual statement; audited financial reports;
enrollment projections and budget; filings.
(a) A limited health service organization shall file with the
Director by March 1st in each year 2 copies of its financial
statement for the year ending December 31st immediately preceding on
forms prescribed by the Director, which shall conform substantially
to the form of statement adopted by the National Association of
Insurance Commissioners. Unless the Director provides otherwise, the
annual statement is to be prepared in accordance with the annual
statement instructions and the Accounting Practices and Procedures
Manual adopted by the National Association of Insurance
Commissioners. The Director shall have power to make such
modifications and additions in this form as he may deem desirable or
necessary to ascertain the condition and affairs of the organization.
The Director shall have authority to extend the time for filing any
statement by any organization for reasons which he considers good and
sufficient. The statement shall be verified by oaths of the president
and secretary of the organization or, in their absence, by 2 other
principal officers. In addition, any organization may be required by
the Director, when he considers that action to be necessary and
appropriate for the protection of enrollees, creditors, shareholders,
subscribers, or claimants, to file, within 60 days after mailing to
the organization a notice that such is required, a supplemental
summary statement as of the last day of any calendar month occurring
during the 100 days next preceding the mailing of such notice
designated by him on forms prescribed and furnished by the Director.
The Director may require supplemental summary statements to be
certified by an independent actuary deemed competent by the Director
or by an independent certified public accountant. Every limited
health service organization shall annually, on or before the first
day of March, file 2 original copies of its annual statement with the
Director verified by at least 2 principal officers, covering the 2
preceding calendar years. Such annual statement shall be on forms
prescribed by the Director and shall include:
(1) the financial statements of the organization;
(2) the number of persons enrolled during the year, the
number of enrollees at the end of the year and the number of
enrollments terminated during the year; and
(3) such other information relating to the performance of
the limited health service organization as the Director deems
necessary to enable the Director to carry out his duties under
this Act.
4280 JOURNAL OF THE [May 13, 1999]
Any organization failing, without just cause, to file its annual
statement as required in this Act shall be required, after notice and
opportunity for hearing, to pay a penalty of $100 for each day's
delay, to be recovered by the Director of Insurance. The penalty so
recovered shall be paid into the General Revenue Fund of the State of
Illinois. The Director may reduce the penalty if the organization
demonstrates to the Director that the imposition of the penalty would
constitute a financial hardship to the organization.
An annual statement which is not materially complete when filed
shall not be considered to have been properly filed until those
deficiencies which make the filing incomplete have been corrected and
filed.
(b) Audited financial reports shall be filed on or before June 1
of each year for the 2 calendar years immediately preceding and shall
provide an opinion expressed by an independent certified public
accountant on the accompanying financial statement of the limited
health service organization and detailed reconciliation for any
differences between the accompanying financial statements and each of
the related financial statements filed in accordance with subsection
(a) of this Section. Any organization failing, without just cause,
to file the annual audited financial statement as required in this
Act shall be required, after the notice and opportunity for hearing,
to pay a penalty of $100 for each day's delay, to be recovered by the
Director of Insurance. The penalty so recovered shall be paid into
the General Revenue Fund of the State of Illinois. The Director may
reduce the penalty if the organization demonstrates to the Director
that the imposition of the penalty would constitute a financial
hardship to the organization.
(c) The Director may require that additional summary financial
information be filed no more often than 3 times per year on reporting
forms provided by him. However, he may request certain key
information on a more frequent basis if necessary for a determination
of the financial viability of the organization.
(d) The Director shall have the authority to extend the time for
filing any statements by an organization for reasons which the
Director considers good and sufficient.
(Source: P.A. 86-600.)
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited health
service organizations shall be subject to the provisions of Sections
133, 134, 137, 140, 141.1, 141.2, 141.3, 143, 143c, 147, 148, 149,
151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8, 155.04, 355.2, 356v,
401, 401.1, 402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and
Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI
of the Illinois Insurance Code. For purposes of the Illinois
Insurance Code, except for Sections 444 and 444.1 and Articles XIII
and XIII 1/2, limited health service organizations in the following
categories are deemed to be domestic companies:
(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of another
state, 30% of more of the enrollees of which are residents of
this State, except a corporation subject to substantially the
same requirements in its state of organization as is a domestic
company under Article VIII 1/2 of the Illinois Insurance Code.
(Source: P.A. 90-25, eff. 1-1-98; 90-583, eff. 5-29-98; 90-655, eff.
7-30-98.)
Section 25. The Voluntary Health Services Plans Act is amended
by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein or
HOUSE OF REPRESENTATIVES 4281
dealing therewith shall be subject to the provisions of Articles IIA
and Article XII 1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 354,
355.2, 356r, 356t, 356u, 356v, 356w, 356x, 367.2, 401, 401.1, 402,
403, 403A, 408, 408.2, and 412, and paragraphs (7) and (15) of
Section 367 of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97; 90-25, eff.
1-1-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1348 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 1538
A bill for AN ACT regarding emergency home response systems.
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. 1538.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1538 on page 1, line 8, by
replacing "any" with "community care program".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1538 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 1581
A bill for AN ACT to amend the Illinois Pension Code by changing
Section 18-112.2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
4282 JOURNAL OF THE [May 13, 1999]
Senate Amendment No. 1 to HOUSE BILL NO. 1581.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1581 by deleting all of
Section 99.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1581 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 1598
A bill for AN ACT to amend the Illinois Pension Code by changing
Section 14-103.30.
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. 1598.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1598 by deleting all of
Section 99.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1598 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 1617
A bill for AN ACT to amend the Nursing Home Care Act by changing
Section 3-119.
Together with the attached amendment thereto (which amendment has
HOUSE OF REPRESENTATIVES 4283
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. 1617.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1617, on page 2, by replacing
lines 1 through 4 with the following:
"(6) Two or more substantiated complaints against a
facility for violations of Sections 2-108 and 2-110 for which the
Department issues a notice of violation under Section 3-301 and
for which an accepted plan of correction was not complied with.;
and
on page 3, immediately below line 6, by inserting the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1617 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 1670
A bill for AN ACT to amend the School Code by changing Section
21-5.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1670.
Senate Amendment No. 2 to HOUSE BILL NO. 1670.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1670 by replacing the title
with the following:
"AN ACT to amend the School Code by changing Section 21-5b."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section 21-5b
as follows:
(105 ILCS 5/21-5b)
Sec. 21-5b. Alternative certification. The State Board of
4284 JOURNAL OF THE [May 13, 1999]
Education, in consultation with the State Teacher Certification
Board, shall establish and implement an alternative certification
program under which persons who meet the requirements of and
successfully complete the program established by this Section shall
be issued an alternative teaching certificate for teaching in the
schools situated in a school district that is located in a city
having a population in excess of 500,000 inhabitants. The program
shall be limited to not more than 260 new participants during each
year that the program is in effect. In establishing an alternative
certification program under this Section, the State Board of
Education shall designate the City of Chicago as the area in the
State where the program shall be made available. In addition, The
State Board of Education, in cooperation with a partnership formed
with a university that offers 4-year baccalaureate and masters degree
programs and that is a recognized institution as defined in Section
21-21 and one or more not-for-profit organizations in the State which
support excellence in teaching, shall within 30 days after submission
by the partnership approve a course of study developed by the
partnership that persons in the program must successfully complete in
order to satisfy one criterion for issuance of an alternative
certificate under this Section. The Alternative Teacher Certification
program course of study must include the current content and skills
contained in the university's current courses for State certification
which have been approved by the State Board of Education, in
consultation with the State Teacher Certification Board, as the
requirement for State teacher certification.
The alternative certification program established under this
Section shall be known as the Alternative Teacher Certification
program. The Alternative Teacher Certification Program shall be
offered by the submitting partnership and may be offered in
conjunction with one or more not-for-profit organizations in the
State which support excellence in teaching. The program shall be
comprised of the following 3 phases: (a) the first phase is the
course of study offered on an intensive basis in education theory,
instructional methods, and practice teaching; (b) the second phase is
the person's assignment to a full-time teaching position for one
school year; and (c) the third phase is a comprehensive assessment of
the person's teaching performance by school officials and the
partnership participants and a recommendation by the partner
institution of higher education to the State Board of Education that
the person be issued a standard alternative teaching certificate.
Successful completion of the Alternative Teacher Certification
program shall be deemed to satisfy any other practice or student
teaching and subject matter requirements established by law.
A provisional alternative teaching certificate, valid for one
year of teaching in the common schools and not renewable, shall be
issued under this Section 21-5b to persons who at the time of
applying for the provisional alternative teaching certificate under
this Section:
(1) have graduated from an accredited college or university
with a bachelor's degree;
(1.5) have been employed for a period of at least 5 years
in an area requiring application of the individual's education;
(2) have successfully completed the first phase of the
Alternative Teacher Certification program as provided in this
Section; and
(3) have passed the tests of basic skills and subject
matter knowledge required by Section 21-1a.
A person possessing a provisional alternative certificate under
this Section shall be treated as a regularly certified teacher for
purposes of compensation, benefits, and other terms and conditions of
HOUSE OF REPRESENTATIVES 4285
employment afforded teachers in the school who are members of a
bargaining unit represented by an exclusive bargaining
representative, if any.
A standard alternative teaching certificate, valid for 4 years
for teaching in the schools situated in a school district that is
located in a city having a population in excess of 500,000
inhabitants and renewable as provided in Section 21-14, shall be
issued under this Section 21-5b to persons who first complete the
requirements for the provisional alternative teaching certificate and
who at the time of applying for a standard alternative teaching
certificate under this Section have successfully completed the second
and third phases of the Alternative Teacher Certification program as
provided in this Section.
This alternative certification program shall be implemented so
that the first provisional alternative teaching certificates issued
under this Section are effective upon the commencement of the
1997-1998 academic year and the first standard alternative teaching
certificates issued under this Section are effective upon the
commencement of the 1998-1999 academic year.
The State Board of Education, in cooperation with the partnership
establishing the Alternative Teacher Certification program, shall
adopt rules and regulations that are consistent with this Section and
that the State Board of Education deems necessary to establish and
implement the program.
(Source: P.A. 89-708, eff. 2-14-97.)".
AMENDMENT NO. 2. Amend House Bill 1670, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
3, line 28, by replacing "A" with "Until February 15, 2000, a"; and
on page 4, line 4, after the period, by inserting the following:
"Alternatively, beginning February 15, 2000, at the end of the 4-year
validity period, persons who were issued a standard alternative
teaching certificate shall be eligible, on the same basis as holders
of an Initial Teaching Certificate issued under subsection (b) of
Section 21-2 of this Code, to apply for a Standard Teaching
Certificate, provided they meet the requirements of subsection (c)
of Section 21-2 of this Code.
Beginning February 15, 2000, persons who have completed the
requirements for a standard alternative teaching certificate under
this Section shall be issued an Initial Alternative Teaching
Certificate valid for 4 years of teaching and not renewable. At the
end of the 4-year validity period, these persons shall be eligible,
on the same basis as holders of an Initial Teaching Certificate
issued under subsection (b) of Section 21-2 of this Code, to apply
for a Standard Teaching Certificate, provided they meet the
requirements of subsection (c) of Section 21-2.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1670 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 1695
4286 JOURNAL OF THE [May 13, 1999]
A bill for AN ACT to amend the Property Tax Code by adding
Section 20-12.
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. 1695.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1695 on page 1, line 11, by
replacing "person" with "mortgage lender as defined in Section 1-90".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1695 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 1697
A bill for AN ACT to amend the Illinois Insurance Code by
changing Section 143.13.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1697.
Senate Amendment No. 2 to HOUSE BILL NO. 1697.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1697 on page 1, line 30, by
replacing "payment" with "payment, unless the check or credit card
charge was dishonored through no fault of the payor".
AMENDMENT NO. 2. Amend House Bill 1697 on page 1, line 27, by
deleting "renewal policy,"; and
on page 3, line 2, by deleting "renewal policy,"; and
on page 3, line 3, by deleting "renewal"; and
on page 3, line 4, by deleting "policy,".
The foregoing message from the Senate reporting Senate Amendments
HOUSE OF REPRESENTATIVES 4287
numbered 1 and 2 to HOUSE BILL 1697 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 1713
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 5-2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1713.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1713 as follows:
on page 1, line 25, by replacing "than" with the following:
"than (A) for fiscal year 2000, the Supplemental Security Income
maximum income level (which for 1999 is equal to the Supplemental
Security Income payment level of $500 per month plus a $20 per month
income disregard) and (B) for fiscal year 2001 and thereafter,"; and
on page 2, line 3, by replacing "than" with the following:
"than (A) for fiscal year 2000, the Supplemental Security Income
maximum income level (which for 1999 is equal to the Supplemental
Security Income payment level of $500 per month plus a $20 per month
income disregard) and (B) for fiscal year 2001 and thereafter,".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1713 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 1805
A bill for AN ACT to create the Auction License Act, amending
named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1805.
4288 JOURNAL OF THE [May 13, 1999]
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1805, on page 2, by replacing
line 7 with the following:
"property, including the sale or lease of property via mail,
telecommunications, or the internet."; and
on page 3, line 31, by replacing "personal; and" with "personal;";
and
on page 4, line 3, by replacing "Act." with "Act; and"; and
on page 4, immediately below line 3, by inserting the following:
"(4) an auction conducted by a business registered as a
market agency under the federal Packers and Stockyards Act (7
U.S.C. 181 et seq.) or under the Livestock Auction Market Law.";
and
on page 4, immediately below line 9, by inserting the following:
"(c) Nothing in this Act shall be construed to prohibit a person
under the age of 18 from selling property under $250 in value while
under the direct supervision of a licensed auctioneer."; and
on page 12, line 11, after "written", by inserting "or oral".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1805 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 1812
A bill for AN ACT to amend the School Code by changing Section
10-17a.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1812.
Senate Amendment No. 2 to HOUSE BILL NO. 1812.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1812 as follows:
on page 1, line 2, after "10-17a", by inserting "and adding Sections
10-20.31 and 34-18.18"; and
on page 1, line 6, after "10-17a", by inserting "and adding Sections
10-20.31 and 34-18.18"; and
on page 3, immediately below line 16, by inserting the following:
HOUSE OF REPRESENTATIVES 4289
"(105 ILCS 5/10-20.31 new)
Sec. 10-20.31. Computer access by minors; explicit sexual
materials.
(a) In this Section:
"Explicit sexual materials" means that which is obscene, child
pornography, or material harmful to minors, as defined under Sections
11-20, 11-20.1, and 11-21 of the Criminal Code of 1961.
"Public access computer" means a computer that is located in a
public school, is frequently or regularly used directly by a minor,
and is connected to any computer communication system.
(b) A school board shall require a school that provides a public
access computer to equip the computer with software that seeks to
prevent minors from gaining access to explicit sexual materials or
obtain Internet connectivity from an Internet service provider that
provides filter services to limit access to explicit sexual
materials.
(c) This Section shall not be construed to exclude any
authorized adult employee of a public school from having unfiltered
access to the Internet or an online service for legitimate scientific
or educational purposes.
(105 ILCS 5/34-18.18 new)
Sec. 34-18.18. Computer access by minors; explicit sexual
materials.
(a) In this Section:
"Explicit sexual materials" means that which is obscene, child
pornography, or material harmful to minors, as defined under Sections
11-20, 11-20.1, and 11-21 of the Criminal Code of 1961.
"Public access computer" means a computer that is located in a
public school, is frequently or regularly used directly by a minor,
and is connected to any computer communication system.
(b) The Board shall require a school that provides a public
access computer to equip the computer with software that seeks to
prevent minors from gaining access to explicit sexual materials or
obtain Internet connectivity from an Internet service provider that
provides filter services to limit access to explicit sexual
materials.
(c) This Section shall not be construed to exclude any
authorized adult employee of a public school from having unfiltered
access to the Internet or an online service for legitimate scientific
or educational purposes."; and
on page 3, by replacing lines 17 and 18 with the following:
"Section 99. Effective date. This Act takes effect 90 days
after becoming law.".
AMENDMENT NO. 2. Amend House Bill 1812, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
2, by replacing lines 2 through 4, with "sexual materials through
Internet connectivity"; and
on page 2, by replacing lines 24 through 26 with "sexual materials
through Internet connectivity"; and
on page 2, line 32, by replacing "90" with "January 1, 2000"; and
on page 3, line 1, by deleting "days after becoming law".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1812 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
4290 JOURNAL OF THE [May 13, 1999]
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 1832
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 5-5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1832.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1832 on page 2, by replacing
lines 23 through 27 with the following:
"purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1832 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 1860
A bill for AN ACT to amend the Illinois Certified Shorthand
Reporters Act of 1984 by changing Section 23 and adding Section 26.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1860.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1860, on page 3, line 15,
after "taken", by inserting "or for 5 years from the end of
litigation"; and
on page 4, line 2, after "years", by inserting "from the end of
litigation".
HOUSE OF REPRESENTATIVES 4291
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1860 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 1863
A bill for AN ACT concerning the Chester Mental Health Center.
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. 1863.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1863 on page 2, by replacing
lines 15 through 22 with the following:
"The facility director of the Chester Mental Health Center may
authorize the temporary use of handcuffs on a recipient for a period
not to exceed 10 minutes when necessary in the course of transport of
the recipient within the facility to maintain custody or security.
Use of handcuffs is subject to the provisions of Section 2-108 of the
Mental Health and Developmental Disabilities Code. The facility
shall keep a monthly record listing each instance in which handcuffs
are used, circumstances indicating the need for use of handcuffs, and
time of application of handcuffs and time of release therefrom. The
facility director shall allow the Illinois Guardianship and Advocacy
Commission, the agency designated by the Governor under Section 1 of
the Protection and Advocacy for Developmentally Disabled Persons Act,
and the Department to examine and copy such record upon request.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1863 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 1897
A bill for AN ACT creating the Illinois Value-Added Agricultural
Enhancement Program.
Together with the attached amendment thereto (which amendment has
4292 JOURNAL OF THE [May 13, 1999]
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. 1897.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1897 as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is amended
by adding Section 40.43 as follows:
(20 ILCS 205/40.43 new)
Sec. 40.43. Value Added Agricultural Products.
(a) To expend funds appropriated to the Department of
Agriculture to develop and implement a grant program for value added
agricultural products, to be called the "Illinois Value-Added
Agriculture Enhancement Program". The grants are to provide 50% of
(i) the cost of undertaking feasibility studies, competitive
assessments, and consulting or productivity services that the
Department determines may result in enhancement of value added
agricultural products and (ii) seed money for new or expanding
agribusiness.
(b) "Agribusiness" means any sole proprietorship, limited
partnership, copartnership, joint venture, corporation, or
cooperative that operates or will operate a facility located within
the State of Illinois that is related to the processing of
agricultural commodities (including, without limitation, the products
of aquaculture, hydroponics, and silviculture) or the manufacturing,
production, or construction of agricultural buildings, structures,
equipment, implements, and supplies, or any other facilities or
processes used in agricultural production. Agribusiness includes but
is not limited to the following:
(1) grain handling and processing, including grain storage,
drying, treatment, conditioning, milling, and packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including preparation,
canning, and packaging;
(4) processing of livestock and livestock products, dairy
products, poultry and poultry products, fish, or apiarian
products, including slaughter, shearing, collecting, preparation,
canning, and packaging;
(5) fertilizer and agricultural chemical manufacturing,
processing, application, and supplying;
(6) farm machinery, equipment, and implement manufacturing
and supplying;
(7) manufacturing and supplying of agricultural commodity
processing machinery and equipment, including machinery and
equipment used in slaughter, treatment, handling, collecting,
preparation, canning, or packaging of agricultural commodities;
(8) farm building and farm structure manufacturing,
construction, and supplying;
(9) construction, manufacturing, implementation, supplying,
or servicing of irrigation, drainage, and soil and water
conservation devices or equipment;
(10) fuel processing and development facilities that
produce fuel from agricultural commodities or by-products;
(11) facilities and equipment for processing and packaging
HOUSE OF REPRESENTATIVES 4293
agricultural commodities specifically for export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling operations, wood
chip operations, timber harvesting operations, and manufacturing
of prefabricated buildings, paper, furniture, or other goods from
forestry products; and
(13) facilities and equipment for research and development
of products, processes, and equipment for the production,
processing, preparation, or packaging of agricultural commodities
and by-products.
(c) The "Illinois Value-Added Agriculture Enhancement Program
Fund" is created as a special fund in the State Treasury to provide
grants to Illinois' small agribusinesses, subject to appropriation
for that purpose. Each grant awarded under this program shall
provide funding for up to 50% of the cost of (i) the development of
valued added agricultural products or (ii) seed money for new or
expanding agribusiness, not to exceed 50% percent of appropriated
funds. Notwithstanding the other provisions of this paragraph, the
fund shall not be used to provide seed money to an Illinois small
agribusiness for the purpose of compliance with the provisions of the
Livestock Management Facilities Act.
(d) For the purposes of this Section, "Illinois small
agribusiness" means a "small business concern" as defined in Title 15
United States Code, Section 632, that primarily conducts its business
in Illinois.
(e) The Department shall make such rules and regulations as may
be necessary to carry out its statutory duties. Among other duties,
the Department, through the program, may do all of the following:
(1) Make and enter into contracts, including but not
limited to making grants specified by the General Assembly
pursuant to appropriations by the General Assembly from the
Illinois Value-Added Agriculture Enhancement Program Fund, and
generally to do all such things as, in its judgment, may be
necessary, proper, and expedient in accomplishing its duties.
(2) Provide for, staff, and administer a program in which
the Department shall plan and coordinate State efforts designed
to aid and stimulate the development of value-added agribusiness.
(3) Make grants on the terms and conditions that the
Department shall determine, except that no grant made under the
provisions of this item (3) shall exceed 50% of the direct costs.
(4) Act as the State Agriculture Planning Agency, and
accept and use planning grants or other financial assistance from
the Federal government (i) for statewide comprehensive planning
work including research and coordination activity directly
related to agriculture needs; and (ii) for state and inter-state
comprehensive planning and research and coordination activity
related thereto. All such grants shall be subject to the terms
and conditions prescribed by the federal government.
(f) The Illinois Value-Added Agricultural Enhancement Fund is
subject to the provisions of the Illinois Grant Funds Recovery Act
(GFRA).
Section 10. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Illinois Value-Added Agriculture Enhancement
Program Fund.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
4294 JOURNAL OF THE [May 13, 1999]
No. 1 to HOUSE BILL 1897 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 1926
A bill for AN ACT to amend the Illinois Housing Development Act
by changing Section 32.
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. 1926.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1926 on page 1, line 11 by
inserting "and their members" after "them".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1926 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 1978
A bill for AN ACT regarding property, amending named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1978.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1978 by replacing everything
after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing Section
HOUSE OF REPRESENTATIVES 4295
5-1121 as follows:
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may upon a formal request by
the city, village or incorporated town demolish, repair, or enclose
or cause the demolition, repair, or enclosure of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the territory
of the county, but outside the territory of any municipality, and may
remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
In any county having adopted, by referendum or otherwise, a county
health department as provided by Division 5-25 of the Counties Code
or its predecessor, the county board of any such county may upon a
formal request by the city, village, or incorporated town demolish,
repair or cause the demolition or repair of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the territory
of any city, village, or incorporated town having a population of
less than 50,000.
The county board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action
to be taken with respect to a building if the owner or owners of the
building, including the lien holders of record, after at least 15
days' written notice by mail to do so, have failed to commence
proceedings to put the building in a safe condition or to demolish it
or (ii) for an order requiring the owner or owners of record to
demolish, repair, or enclose the building or to remove garbage,
debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of
action that the building is boarded up or otherwise enclosed,
although the court may order the defendant to have the building
boarded up or otherwise enclosed. Where, upon diligent search, the
identity or whereabouts of the owner or owners of the building,
including the lien holders of record, is not ascertainable, notice
mailed to the person or persons in whose name the real estate was
last assessed and the posting of such notice upon the premises sought
to be demolished or repaired is sufficient notice under this Section.
The hearing upon the application to the circuit court shall be
expedited by the court and shall be given precedence over all other
suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder of
record, including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is recoverable from the
owner or owners of the real estate or the previous owner or both if
the property was transferred during the 15 day notice period and is a
lien on the real estate; the lien is superior to all prior existing
liens and encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the lien
holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the
office of the recorder in the county in which the real estate is
located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles
(Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and
(3) the date or dates when the cost and expense was incurred by the
county, the lien holder of record, or the intervenor. Upon payment of
the cost and expense by the owner of or persons interested in the
property after the notice of lien has been filed, the lien shall be
4296 JOURNAL OF THE [May 13, 1999]
released by the county, the person in whose name the lien has been
filed, or the assignee of the lien, and the release may be filed of
record as in the case of filing notice of lien. Unless the lien is
enforced under subsection (b), the lien may be enforced by
foreclosure proceedings as in the case of mortgage foreclosures under
Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the county from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (b).
If the appropriate official of any county determines that any
dangerous and unsafe building or uncompleted and abandoned building
within its territory fulfills the requirements for an action by the
county under the Abandoned Housing Rehabilitation Act, the county may
petition under that Act in a proceeding brought under this
subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this subsection
(b) in the same proceeding in which the lien is authorized.
A county desiring to enforce a lien under this subsection (b)
shall petition the court to retain jurisdiction for foreclosure
proceedings under this subsection. Notice of the petition shall be
served, by certified or registered mail, on all persons who were
served notice under subsection (a). The court shall conduct a
hearing on the petition not less than 15 days after the notice is
served. If the court determines that the requirements of this
subsection (b) have been satisfied, it shall grant the petition and
retain jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the county,
including court costs, reasonable attorneys' fees, advances to
preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or owners of
the real estate. If the court denies the petition, the county may
enforce the lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil
Procedure as necessary parties in a mortgage foreclosure action shall
be joined as parties before issuance of an order of foreclosure.
Persons designated in Section 15-1501 of the Code of Civil Procedure
as permissible parties may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure
applicable to mortgage foreclosures shall apply to the foreclosure of
a lien under this subsection (b), except to the extent that those
provisions are inconsistent with this subsection. For purposes of
foreclosures of liens under this subsection, however, the redemption
period described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of the
order of foreclosure.
(c) In addition to any other remedy provided by law, the county
board of any county may petition the circuit court to have property
declared abandoned under this subsection (c) if:
(1) the property has been tax delinquent for 2 or more
years or bills for water service for the property have been
outstanding for 2 or more years;
HOUSE OF REPRESENTATIVES 4297
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any Illinois land
trust having title to the property, shall be named as defendants in
the petition and shall be served with process. In addition, service
shall be had under Section 2-206 of the Code of Civil Procedure as in
other cases affecting property.
The county, however, may proceed under this subsection in a
proceeding brought under subsection (a). Notice of the petition
shall be served by certified or registered mail on all persons who
were served notice under subsection (a).
If the county proves that the conditions described in this
subsection exist and the owner of record of the property does not
enter an appearance in the action, or, if title to the property is
held by an Illinois land trust, if neither the owner of record nor
the owner of the beneficial interest of the trust enters an
appearance, the court shall declare the property abandoned.
If that determination is made, notice shall be sent by certified
or registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, stating that title
to the property will be transferred to the county unless, within 30
days of the notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the property
files with the court a request to demolish the dangerous or unsafe
building or to put the building in safe condition.
If the owner of record enters an appearance in the action within
the 30 day period, the court shall vacate its order declaring the
property abandoned. In that case, the county may amend its complaint
in order to initiate proceedings under subsection (a).
If a request to demolish or repair the building is filed within
the 30 day period, the court shall grant permission to the requesting
party to demolish the building within 30 days or to restore the
building to safe condition within 60 days after the request is
granted. An extension of that period for up to 60 additional days
may be given for good cause. If more than one person with an
interest in the property files a timely request, preference shall be
given to the person with the lien or other interest of the highest
priority.
If the requesting party proves to the court that the building has
been demolished or put in a safe condition within the period of time
granted by the court, the court shall issue a quitclaim judicial deed
for the property to the requesting party, conveying only the interest
of the owner of record, upon proof of payment to the county of all
costs incurred by the county in connection with the action, including
but not limited to court costs, attorney's fees, administrative
costs, the costs, if any, associated with building enclosure or
removal, and receiver's certificates. The interest in the property
so conveyed shall be subject to all liens and encumbrances on the
property. In addition, if the interest is conveyed to a person
holding a certificate of purchase for the property under the Property
Tax Code, the conveyance shall be subject to the rights of redemption
of all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a timely
request or if the requesting party fails to demolish the building or
put the building in safe condition within the time specified by the
court, the county may petition the court to issue a judicial deed for
the property to the county. A conveyance by judicial deed shall
4298 JOURNAL OF THE [May 13, 1999]
operate to extinguish all existing ownership interests in, liens on,
and other interest in the property, including tax liens.
(d) Each county may use the provisions of this subsection to
expedite the removal of certain buildings that are a continuing
hazard to the community in which they are located.
If a residential building is 2 stories or less in height as
defined by the county's building code, and the official designated to
be in charge of enforcing the county's building code determines that
the building is open and vacant and an immediate and continuing
hazard to the community in which the building is located, then the
official shall be authorized to post a notice not less than 2 feet by
2 feet in size on the front of the building. The notice shall be
dated as of the date of the posting and shall state that unless the
building is demolished, repaired, or enclosed, and unless any
garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the
building may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances or
materials may be removed, by the county.
Not later than 30 days following the posting of the notice, the
county shall do both of the following:
(1) Cause to be sent, by certified mail, return receipt
requested, a notice to all owners of record of the property, the
beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating
the intent of the county to demolish, repair, or enclose the
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published or
circulated in the county where the building is located, a notice
setting forth (i) the permanent tax index number and the address
of the building, (ii) a statement that the property is open and
vacant and constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends to
demolish, repair, or enclose the building or remove any garbage,
debris, or other hazardous, noxious, or unhealthy substances or
materials if the owner or owners or lienholders of record fail to
do so. This notice shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county board
may file his or her objection in an appropriate form in a court of
competent jurisdiction.
If the building is not demolished, repaired, or enclosed, or the
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials are not removed, within 30 days of mailing the notice to
the owners of record, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders of record in
the property, or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the power to
demolish, repair, or enclose the building or to remove any garbage,
debris, or other hazardous, noxious, or unhealthy substances or
materials.
The county may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection within a
120-day period following the date of the mailing of the notice if the
appropriate official determines that the demolition, repair,
enclosure, or removal of any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials is necessary to remedy
the immediate and continuing hazard. If, however, before the county
HOUSE OF REPRESENTATIVES 4299
proceeds with any of the actions authorized by this subsection, any
person has sought a hearing under this subsection before a court and
has served a copy of the complaint on the chief executive officer of
the county, then the county shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to remedy
the hazard and issues an order authorizing the county to do so.
Following the demolition, repair, or enclosure of a building, or
the removal of garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection, the county
may file a notice of lien against the real estate for the cost of the
demolition, repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the cost and
expense incurred, in the office of the recorder in the county in
which the real estate is located or in the office of the registrar of
titles of the county if the real estate affected is registered under
the Registered Titles (Torrens) Act. The notice of lien shall
consist of a sworn statement setting forth (i) a description of the
real estate, such as the address or other description of the
property, sufficient for its identification; (ii) the expenses
incurred by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses were
incurred by the county; (iv) a statement by the official responsible
for enforcing the building code that the building was open and vacant
and constituted an immediate and continuing hazard to the community;
(v) a statement by the official that the required sign was posted on
the building, that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the notice was
published. The lien authorized by this subsection may thereafter be
released or enforced by the county as provided in subsection (a).
(e) In any case where a county has obtained a lien under
subsection (a), the county may also bring an action for a money
judgment against the owner or owners of the real estate in the amount
of the lien in the same manner as provided for bringing causes of
action in Article II of the Code of Civil Procedure and, upon
obtaining a judgment, file a judgment lien against all of the real
estate of the owner or owners and enforce that lien as provided for
in Article XII of the Code of Civil Procedure.
(Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97; 90-517, eff.
8-22-97; revised 3-4-99.)
Section 10. The Illinois Municipal Code is amended by changing
Section 11-31-1 as follows:
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or remediation.
(a) The corporate authorities of each municipality may demolish,
repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings
within the territory of the municipality and may remove or cause the
removal of garbage, debris, and other hazardous, noxious, or
unhealthy substances or materials from those buildings. In any
county having adopted by referendum or otherwise a county health
department as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise those
powers with regard to dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of any city, village, or
incorporated town having less than 50,000 population.
The corporate authorities shall apply to the circuit court of the
county in which the building is located (i) for an order authorizing
action to be taken with respect to a building if the owner or owners
of the building, including the lien holders of record, after at least
4300 JOURNAL OF THE [May 13, 1999]
15 days' written notice by mail so to do, have failed to put the
building in a safe condition or to demolish it or (ii) for an order
requiring the owner or owners of record to demolish, repair, or
enclose the building or to remove garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from the
building. It is not a defense to the cause of action that the
building is boarded up or otherwise enclosed, although the court may
order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of
the owner or owners of the building, including the lien holders of
record, is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient notice
under this Section.
The hearing upon the application to the circuit court shall be
expedited by the court and shall be given precedence over all other
suits. Any person entitled to bring an action under subsection (b)
shall have the right to intervene in an action brought under this
Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is recoverable from the
owner or owners of the real estate or the previous owner or both if
the property was transferred during the 15 day notice period and is a
lien on the real estate; the lien is superior to all prior existing
liens and encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the municipality, the lien
holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the
office of the recorder in the county in which the real estate is
located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles
(Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and
(3) the date or dates when the cost and expense was incurred by the
municipality, the lien holder of record, or the intervenor. Upon
payment of the cost and expense by the owner of or persons interested
in the property after the notice of lien has been filed, the lien
shall be released by the municipality, the person in whose name the
lien has been filed, or the assignee of the lien, and the release may
be filed of record as in the case of filing notice of lien. Unless
the lien is enforced under subsection (c), the lien may be enforced
by foreclosure proceedings as in the case of mortgage foreclosures
under Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the municipality from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (c).
If the appropriate official of any municipality determines that
any dangerous and unsafe building or uncompleted and abandoned
building within its territory fulfills the requirements for an action
by the municipality under the Abandoned Housing Rehabilitation Act,
HOUSE OF REPRESENTATIVES 4301
the municipality may petition under that Act in a proceeding brought
under this subsection.
(b) Any owner or tenant of real property within 1200 feet in any
direction of any dangerous or unsafe building located within the
territory of a municipality with a population of 500,000 or more may
file with the appropriate municipal authority a request that the
municipality apply to the circuit court of the county in which the
building is located for an order permitting the demolition, removal
of garbage, debris, and other noxious or unhealthy substances and
materials from, or repair or enclosure of the building in the manner
prescribed in subsection (a) of this Section. If the municipality
fails to institute an action in circuit court within 90 days after
the filing of the request, the owner or tenant of real property
within 1200 feet in any direction of the building may institute an
action in circuit court seeking an order compelling the owner or
owners of record to demolish, remove garbage, debris, and other
noxious or unhealthy substances and materials from, repair or enclose
or to cause to be demolished, have garbage, debris, and other noxious
or unhealthy substances and materials removed from, repaired, or
enclosed the building in question. A private owner or tenant who
institutes an action under the preceding sentence shall not be
required to pay any fee to the clerk of the circuit court. The cost
of repair, removal, demolition, or enclosure shall be borne by the
owner or owners of record of the building. In the event the owner or
owners of record fail to demolish, remove garbage, debris, and other
noxious or unhealthy substances and materials from, repair, or
enclose the building within 90 days of the date the court entered its
order, the owner or tenant who instituted the action may request that
the court join the municipality as a party to the action. The court
may order the municipality to demolish, remove materials from,
repair, or enclose the building, or cause that action to be taken
upon the request of any owner or tenant who instituted the action or
upon the municipality's request. The municipality may file, and the
court may approve, a plan for rehabilitating the building in
question. A court order authorizing the municipality to demolish,
remove materials from, repair, or enclose a building, or cause that
action to be taken, shall not preclude the court from adjudging the
owner or owners of record of the building in contempt of court due to
the failure to comply with the order to demolish, remove garbage,
debris, and other noxious or unhealthy substances and materials from,
repair, or enclose the building.
If a municipality or a person or persons other than the owner or
owners of record pay the cost of demolition, removal of garbage,
debris, and other noxious or unhealthy substances and materials,
repair, or enclosure pursuant to a court order, the cost, including
court costs, attorney's fees, and other costs related to the
enforcement of this subsection, is recoverable from the owner or
owners of the real estate and is a lien on the real estate; the lien
is superior to all prior existing liens and encumbrances, except
taxes, if, within 180 days after the repair, removal, demolition, or
enclosure, the municipality or the person or persons who paid the
costs of demolition, removal, repair, or enclosure shall file a
notice of lien of the cost and expense incurred in the office of the
recorder in the county in which the real estate is located or in the
office of the registrar of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice
shall be in a form as is provided in subsection (a). An owner or
tenant who institutes an action in circuit court seeking an order to
compel the owner or owners of record to demolish, remove materials
from, repair, or enclose any dangerous or unsafe building, or to
cause that action to be taken under this subsection may recover court
4302 JOURNAL OF THE [May 13, 1999]
costs and reasonable attorney's fees for instituting the action from
the owner or owners of record of the building. Upon payment of the
costs and expenses by the owner of or a person interested in the
property after the notice of lien has been filed, the lien shall be
released by the municipality or the person in whose name the lien has
been filed or his or her assignee, and the release may be filed of
record as in the case of filing a notice of lien. Unless the lien is
enforced under subsection (c), the lien may be enforced by
foreclosure proceedings as in the case of mortgage foreclosures under
Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the municipality, including court costs,
reasonable attorneys' fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the municipality from the owner or owners of the real estate.
All liens arising under the terms of this subsection (b) shall be
assignable. The assignee of the lien shall have the same power to
enforce the lien as the assigning party, except that the lien may not
be enforced under subsection (c).
(c) In any case where a municipality has obtained a lien under
subsection (a), (b), or (f), the municipality may enforce the lien
under this subsection (c) in the same proceeding in which the lien is
authorized.
A municipality desiring to enforce a lien under this subsection
(c) shall petition the court to retain jurisdiction for foreclosure
proceedings under this subsection. Notice of the petition shall be
served, by certified or registered mail, on all persons who were
served notice under subsection (a), (b), or (f). The court shall
conduct a hearing on the petition not less than 15 days after the
notice is served. If the court determines that the requirements of
this subsection (c) have been satisfied, it shall grant the petition
and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys' fees,
advances to preserve the property, and other costs related to the
enforcement of this subsection, plus statutory interest, are a lien
on the real estate and are recoverable by the municipality from the
owner or owners of the real estate. If the court denies the
petition, the municipality may enforce the lien in a separate action
as provided in subsection (a), (b), or (f).
All persons designated in Section 15-1501 of the Code of Civil
Procedure as necessary parties in a mortgage foreclosure action shall
be joined as parties before issuance of an order of foreclosure.
Persons designated in Section 15-1501 of the Code of Civil Procedure
as permissible parties may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure
applicable to mortgage foreclosures shall apply to the foreclosure of
a lien under this subsection (c), except to the extent that those
provisions are inconsistent with this subsection. For purposes of
foreclosures of liens under this subsection, however, the redemption
period described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of the
order of foreclosure.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the circuit
court to have property declared abandoned under this subsection (d)
if:
(1) the property has been tax delinquent for 2 or more
years or bills for water service for the property have been
HOUSE OF REPRESENTATIVES 4303
outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any Illinois land
trust having title to the property, shall be named as defendants in
the petition and shall be served with process. In addition, service
shall be had under Section 2-206 of the Code of Civil Procedure as in
other cases affecting property.
The municipality, however, may proceed under this subsection in a
proceeding brought under subsection (a) or (b). Notice of the
petition shall be served by certified or registered mail on all
persons who were served notice under subsection (a) or (b).
If the municipality proves that the conditions described in this
subsection exist and the owner of record of the property does not
enter an appearance in the action, or, if title to the property is
held by an Illinois land trust, if neither the owner of record nor
the owner of the beneficial interest of the trust enters an
appearance, the court shall declare the property abandoned.
If that determination is made, notice shall be sent by certified
or registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, stating that title
to the property will be transferred to the municipality unless,
within 30 days of the notice, the owner of record enters an
appearance in the action, or unless any other person having an
interest in the property files with the court a request to demolish
the dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action within
the 30 day period, the court shall vacate its order declaring the
property abandoned. In that case, the municipality may amend its
complaint in order to initiate proceedings under subsection (a).
If a request to demolish or repair the building is filed within
the 30 day period, the court shall grant permission to the requesting
party to demolish the building within 30 days or to restore the
building to safe condition within 60 days after the request is
granted. An extension of that period for up to 60 additional days
may be given for good cause. If more than one person with an
interest in the property files a timely request, preference shall be
given to the person with the lien or other interest of the highest
priority.
If the requesting party proves to the court that the building has
been demolished or put in a safe condition within the period of time
granted by the court, the court shall issue a quitclaim judicial deed
for the property to the requesting party, conveying only the interest
of the owner of record, upon proof of payment to the municipality of
all costs incurred by the municipality in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with building
enclosure or removal, and receiver's certificates. The interest in
the property so conveyed shall be subject to all liens and
encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the
property under the Property Tax Code, the conveyance shall be subject
to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record.
If no person with an interest in the property files a timely
request or if the requesting party fails to demolish the building or
put the building in safe condition within the time specified by the
4304 JOURNAL OF THE [May 13, 1999]
court, the municipality may petition the court to issue a judicial
deed for the property to the municipality. A conveyance by judicial
deed shall operate to extinguish all existing ownership interests in,
liens on, and other interest in the property, including tax liens.
(e) Each municipality may use the provisions of this subsection
to expedite the removal of certain buildings that are a continuing
hazard to the community in which they are located.
If a residential or commercial building is 3 stories or less in
height as defined by the municipality's building code, and the
corporate official designated to be in charge of enforcing the
municipality's building code determines that the building is open and
vacant and an immediate and continuing hazard to the community in
which the building is located, then the official shall be authorized
to post a notice not less than 2 feet by 2 feet in size on the front
of the building. The notice shall be dated as of the date of the
posting and shall state that unless the building is demolished,
repaired, or enclosed, and unless any garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials are removed
so that an immediate and continuing hazard to the community no longer
exists, then the building may be demolished, repaired, or enclosed,
or any garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials may be removed, by the municipality.
Not later than 30 days following the posting of the notice, the
municipality shall do both of the following:
(1) Cause to be sent, by certified mail, return receipt
requested, a notice to all owners of record of the property, the
beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating
the intent of the municipality to demolish, repair, or enclose
the building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published or
circulated in the municipality where the building is located, a
notice setting forth (i) the permanent tax index number and the
address of the building, (ii) a statement that the property is
open and vacant and constitutes an immediate and continuing
hazard to the community, and (iii) a statement that the
municipality intends to demolish, repair, or enclose the building
or remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials if the owner or owners or
lienholders of record fail to do so. This notice shall be
published for 3 consecutive days.
A person objecting to the proposed actions of the corporate
authorities may file his or her objection in an appropriate form in a
court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed, or the
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials are not removed, within 30 days of mailing the notice to
the owners of record, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders of record in
the property, or within 30 days of the last day of publication of the
notice, whichever is later, the corporate authorities shall have the
power to demolish, repair, or enclose the building or to remove any
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials.
The municipality may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials under this subsection within a
120-day period following the date of the mailing of the notice if the
appropriate official determines that the demolition, repair,
HOUSE OF REPRESENTATIVES 4305
enclosure, or removal of any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials is necessary to remedy
the immediate and continuing hazard. If, however, before the
municipality proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this subsection
before a court and has served a copy of the complaint on the chief
executive officer of the municipality, then the municipality shall
not proceed with the demolition, repair, enclosure, or removal of
garbage, debris, or other substances until the court determines that
that action is necessary to remedy the hazard and issues an order
authorizing the municipality to do so.
Following the demolition, repair, or enclosure of a building, or
the removal of garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection, the
municipality may file a notice of lien against the real estate for
the cost of the demolition, repair, enclosure, or removal within 180
days after the repair, demolition, enclosure, or removal occurred,
for the cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the office of
the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice of
lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other
description of the property, sufficient for its identification; (ii)
the expenses incurred by the municipality in undertaking the remedial
actions authorized under this subsection; (iii) the date or dates the
expenses were incurred by the municipality; (iv) a statement by the
corporate official responsible for enforcing the building code that
the building was open and vacant and constituted an immediate and
continuing hazard to the community; (v) a statement by the corporate
official that the required sign was posted on the building, that
notice was sent by certified mail to the owners of record, and that
notice was published in accordance with this subsection; and (vi) a
statement as to when and where the notice was published. The lien
authorized by this subsection may thereafter be released or enforced
by the municipality as provided in subsection (a).
(f) The corporate authorities of each municipality may remove or
cause the removal of, or otherwise environmentally remediate
hazardous substances on, in, or under any abandoned and unsafe
property within the territory of a municipality. In addition, where
preliminary evidence indicates the presence or likely presence of a
hazardous substance or a release or a substantial threat of a release
of a hazardous substance on, in, or under the property, the corporate
authorities of the municipality may inspect the property and test for
the presence or release of hazardous substances. In any county
having adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its predecessor,
the county board of that county may exercise the above-described
powers with regard to property within the territory of any city,
village, or incorporated town having less than 50,000 population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real property,
whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or more
years;
(B) the property is unoccupied by persons legally in
possession; and
(3) "unsafe" means property that presents an actual or
imminent threat to public health and safety caused by the release
of hazardous substances; and
4306 JOURNAL OF THE [May 13, 1999]
(4) "hazardous substances" means the same as in Section
3.14 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit court of the
county in which the property is located (i) for an order allowing the
municipality to enter the property and inspect and test substances
on, in, or under the property; or (ii) for an order authorizing the
corporate authorities to take action with respect to remediation of
the property if conditions on the property, based on the inspection
and testing authorized in paragraph (i), indicate the presence of
hazardous substances. Remediation shall be deemed complete for
purposes of paragraph (ii) above when the property satisfies Tier I,
II, or III remediation objectives for the property's most recent
usage, as established by the Environmental Protection Act, and the
rules and regulations promulgated thereunder. Where, upon diligent
search, the identity or whereabouts of the owner or owners of the
property, including the lien holders of record, is not ascertainable,
notice mailed to the person or persons in whose name the real estate
was last assessed is sufficient notice under this Section.
The court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence indicating
the presence or likely presence of a hazardous substance or a release
of or a substantial threat of a release of a hazardous substance on,
in, or under abandoned property. The preliminary evidence may
include, but is not limited to, evidence of prior use, visual site
inspection, or records of prior environmental investigations. The
testing authorized by paragraph (i) above shall include any type of
investigation which is necessary for an environmental professional to
determine the environmental condition of the property, including but
not limited to performance of soil borings and groundwater
monitoring. The court shall grant a remediation order under
paragraph (ii) above where testing of the property indicates that it
fails to meet the applicable remediation objectives. The hearing
upon the application to the circuit court shall be expedited by the
court and shall be given precedence over all other suits.
The cost of the inspection, testing, or remediation incurred by
the municipality or by a lien holder of record, including court
costs, attorney's fees, and other costs related to the enforcement of
this Section, is a lien on the real estate; except that in any
instances where a municipality incurs costs of inspection and testing
but finds no hazardous substances on the property that present an
actual or imminent threat to public health and safety, such costs are
not recoverable from the owners nor are such costs a lien on the real
estate. The lien is superior to all prior existing liens and
encumbrances, except taxes and any lien obtained under subsection (a)
or (e), if, within 180 days after the completion of the inspection,
testing, or remediation, the municipality or the lien holder of
record who incurred the cost and expense shall file a notice of lien
for the cost and expense incurred in the office of the recorder in
the county in which the real estate is located or in the office of
the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out (i) a
description of the real estate sufficient for its identification,
(ii) the amount of money representing the cost and expense incurred,
and (iii) the date or dates when the cost and expense was incurred by
the municipality or the lien holder of record. Upon payment of the
lien amount by the owner of or persons interested in the property
after the notice of lien has been filed, a release of lien shall be
issued by the municipality, the person in whose name the lien has
been filed, or the assignee of the lien, and the release may be filed
of record as in the case of filing notice of lien.
HOUSE OF REPRESENTATIVES 4307
The lien may be enforced under subsection (c) or by foreclosure
proceedings as in the case of mortgage foreclosures under Article XV
of the Code of Civil Procedure or mechanics' lien foreclosures;
provided that where the lien is enforced by foreclosure under
subsection (c) or under either statute, the municipality may not
proceed against the other assets of the owner or owners of the real
estate for any costs that otherwise would be recoverable under this
Section but that remain unsatisfied after foreclosure except where
such additional recovery is authorized by separate environmental
laws. An action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate.
All liens arising under this subsection (f) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (c).
(g) In any case where a municipality has obtained a lien under
subsection (a), the municipality may also bring an action for a money
judgment against the owner or owners of the real estate in the amount
of the lien in the same manner as provided for bringing causes of
action in Article II of the Code of Civil Procedure and, upon
obtaining a judgment, file a judgment lien against all of the real
estate of the owner or owners and enforce that lien as provided for
in Article XII of the Code of Civil Procedure.
(Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 90-393, eff.
1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1978 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 2031
A bill for AN ACT concerning motor vehicles, amending named Acts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2031.
Senate Amendment No. 2 to HOUSE BILL NO. 2031.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2031 as follows:
4308 JOURNAL OF THE [May 13, 1999]
on page 1, line 16, by deleting "13-101,"; and
on page 1, line 16, by deleting "13-109,"; and
on page 1, line 17, by inserting "13-109.1, 13-109.2, 13-109.3,"
after "13-102.1,"; and
by deleting lines 25 and 26 on page 1, all of pages 2 through 4, and
lines 1 through 13 on page 5; and
on page 5, by replacing line 16 with the following:
"emission inspections.
(a) The Department of State Police is"; and
on page 5, line 19, by changing "and", to ","; and
on page 5, line 20, by replacing "8,000 pounds", with "16,000 pounds,
and are a 2 year or older model year"; and
on page 5, immediately below line 31, by inserting the following:
"(b) Except as otherwise provided in Section 13-109.1, it is
unlawful for any person to operate a diesel powered vehicle that is
registered for a gross weight of more than 16,000 pounds upon the
roadways of this State within the affected areas in violation of the
diesel emission standards set forth in subsection (b) Section
13-109.1.
Notwithstanding any other penalty, until December 31, 2000,
whenever a law enforcement officer of the Department of State Police
determines that a diesel powered vehicle that is registered for a
gross weight of more than 16,000 pounds is in violation of the diesel
emission standards, the law enforcement officer shall issue a written
warning citation informing the person that he or she is in violation
of the State's diesel emission standards. Beginning January 1, 2001,
whenever a law enforcement officer of the Department of State Police
determines that a diesel powered vehicle that is registered for a
gross weight of more than 16,000 pounds is in violation of the diesel
emission standards, as evidenced by the issuance of a citation for a
violation of the diesel emission standards, the operator of the
vehicle shall be guilty of a petty offense punishable by a $400 fine,
except that a third or subsequent violation within one year of the
first violation is a petty offense punishable by a $1,000 fine. In
no event may an operator who has received a citation under this
Section receive, within 30 days of the initial citation, a second or
subsequent citation for operating the same vehicle in violation of
the diesel emission standard under this Chapter."; and
on page 6, line 10, by changing "January 1, 2001" to "July 1, 2000";
and
on page 6, line 15, by replacing "8,000" with "16,000"; and
on page 6, line 16, by changing "December 31, 2001, and every
December 31" to "June 30, 2001, and every June 30"; and
on page 8, by replacing lines 7 through 14 with the following:
"division vehicles and issue certificates of safety and conduct
emission inspections of his or its own second division vehicles in
accordance with the requirements of Section 13-109.1 with respect to
any such second division vehicles owned, operated, or controlled by
him or it."; and
by replacing lines 28 through 33 on page 8, all of pages 9 through
12, and lines 1 through 21 on page 13 with the following:
"(625 ILCS 5/13-109.1 new)
Sec. 13-109.1. Annual emission inspection tests; standards;
penalties; funds.
(a) For each diesel powered vehicle that is registered for a
gross weight of more than 16,000 pounds, is registered within an
affected area, and is a 2 year or older model year, an annual
emission inspection test shall be conducted at an official testing
station certified by the Department to perform diesel emission
inspections pursuant to the standards set forth in subsection (b) of
this Section. This annual emission inspection test may be conducted
HOUSE OF REPRESENTATIVES 4309
in conjunction with a semi-annual safety test.
(b) Diesel emission inspections conducted under this Chapter 13
shall be conducted in accordance with the Society of Automotive
Engineers Recommended Practice J1667 "Snap-Acceleration Smoke Test
Procedure for Heavy-Duty Diesel Powered Vehicles" and the cutpoint
standards set forth in the United States Environmental Protection
Agency guidance document "Guidance to States on Smoke Opacity
Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure".
Those procedures and standards, as now in effect, are made a part of
this Code, in the same manner as though they were set out in full in
this Code.
Notwithstanding the above, for motor vehicles that are model
years 1973 and older, until December 31, 2002, the level of peak
smoke opacity shall not exceed 70 percent. Beginning January 1,
2003, for motor vehicles that are model years 1973 and older, the
level of peak smoke opacity shall not exceed 55 percent.
(c) If the annual emission inspection reveals that the vehicle
is not in compliance with the diesel emission standards set forth in
subsection (b) of this Section, the operator of the official testing
station shall issue a warning notice requiring correction of the
violation. The correction shall be made and the vehicle submitted to
an emissions retest at an official testing station certified by the
Department to perform diesel emission inspections within 30 days from
the issuance of the warning notice requiring correction of the
violation.
If, within 30 days from the issuance of the warning notice, the
vehicle is not in compliance with the diesel emission standards set
forth in subsection (b) as determined by an emissions retest at an
official testing station, the operator of the official testing
station or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a
vehicle that has been placed out-of-service under this subsection (c)
is a petty offense punishable by a $1,000 fine. The vehicle must pass
a diesel emission inspection at an official testing station before it
is again placed in service. The Secretary of State, Department of
State Police, and other law enforcement officers shall enforce this
Section.
The Department or an official testing station may issue a
certificate of waiver subsequent to a reinspection of a vehicle that
failed the emissions inspection. Certificate of waiver shall be
issued upon determination that documented proof demonstrates that
emissions repair costs for the noncompliant vehicle of at least
$3,000 have been spent in an effort to achieve compliance with the
emission standards set forth in subsection (b). The Department of
Transportation shall adopt rules for the implementation of this
subsection including standards of documented proof as well as the
criteria by which a waiver shall be granted.
(d) There is hereby created within the State Treasury a special
fund to be known as the Diesel Emissions Testing Fund, constituted
from the fines collected pursuant to subsection (c) of this Section,
Section 13-101.2, and Section 13-109.2. Subject to appropriation,
moneys from the Diesel Emissions Testing Fund shall be available, as
a supplement to moneys appropriated from the General Revenue Fund, to
the Department of Transportation and the Department of State Police
for their implementation of the diesel emission inspection
requirements under this Chapter 13. All moneys received from fines
imposed under this Section shall be paid into the Diesel Emissions
Testing Fund. All citations issued pursuant to this Section, Section
13-101.2, and Section 13-109.2 shall be considered non-moving
violations. The Department of Transportation and the Department of
State Police are authorized to promulgate rules to implement their
4310 JOURNAL OF THE [May 13, 1999]
responsibilities under this Section.
(625 ILCS 5/13-109.2 new)
Sec. 13-109.2. Diesel emission violations by owners. Except as
otherwise provided in Section 13-109.1, it is unlawful for the owner
of a diesel powered vehicle to permit the operation of that vehicle
upon the highways of this State within the affected areas that (i)
has been placed out of service pursuant to subsection (c) of Section
13-109.1 and has not passed a retest at an official testing station
or been granted a waiver; or (ii) is registered for a gross weight of
more than 16,000 pounds and exceeds the diesel emission standards, as
evidenced by the issuance of a citation for a violation of the diesel
emission standards.
Notwithstanding any other penalty, until December 31, 2000, an
owner of a diesel powered vehicle who violates this Section shall be
issued a warning citation informing him or her that the person's
vehicle is in violation of the State's diesel emission standards.
Beginning January 1, 2001, whenever a law enforcement officer
determines that a diesel powered vehicle that is registered for a
gross weight of more than 16,000 pounds is in violation of the diesel
emission standards and the owner of that vehicle permitted the
operation of that vehicle within the affected areas, as evidenced by
the issuance of a citation for a violation of the diesel emission
standards, the owner of the vehicle is guilty of a petty offense
punishable by a $400 fine, except that a third or subsequent
violation within one year of the first violation is a petty offense
punishable by a $1,000 fine. In no event may the owner of a vehicle
who has received a citation under this Section receive, within 30
days of the initial citation, a second or subsequent citation for
permitting the operation of the same vehicle in violation of the
diesel emission standards.
(625 ILCS 5/13-109.3 new)
Sec. 13-109.3. Exemption from diesel emissions inspections. The
following vehicles are exempt from the diesel emissions inspection
requirements set forth in this Chapter:
(1) Second division vehicles being operated on mileage
plates issued pursuant to section 3-818; and
(2) Second division vehicles being operated on plates
issued pursuant to subsection (c) of Section 3-815."; and
on page 14, by replacing lines 15 and 16 with the following:
"of more than 16,000 pounds, registered within this State, and
operated by an interstate carrier of property or a"; and
on page 15, by replacing lines 4 through 15 with the following:
"not require or conduct a diesel emission inspection program. This
Section is a limitation under subsection (h) of Section 6 of Article
VII of the Illinois Constitution on the exclusive exercise by home
rule units of powers and functions exercised by the State.
Section 99. Effective date. This Act takes effect on July 1,
2000.".
AMENDMENT NO. 2. Amend House Bill 2031, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Diesel Emissions Testing Fund.
Section 7. 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
HOUSE OF REPRESENTATIVES 4311
91st General Assembly.
Section 10. The Illinois Vehicle Code is amended by changing
Sections 13-103, 13-106, and 13-114 and adding Sections 13-100.1,
13-102.1, 13-109.1, 13-109.2, 13-109.3, 13-116.1, and 13-117 as
follows:
(625 ILCS 5/13-100.1 new)
Sec. 13-100.1. Definitions. As used in this Chapter, "affected
areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will,
Madison, St. Clair, and Monroe and the townships of Aux Sable and
Goose Lake in Grundy County and the township of Oswego in Kendall
County.
(625 ILCS 5/13-102.1 new)
Sec. 13-102.1. Diesel powered vehicle emission inspection
report. Beginning July 1, 2000, the Department of Transportation
shall conduct an annual study concerned with the results of emission
inspections for diesel powered vehicles registered for a gross weight
of more than 16,000 pounds. The study shall be reported to the
General Assembly by June 30, 2001, and every June 30 thereafter. The
study shall also be sent to the Illinois Environmental Protection
Agency for its use in environmental matters.
The studies shall include, but not be limited to, the following
information:
(a) the number of diesel powered vehicles that were
inspected for emission compliance pursuant to this Chapter 13
during the previous year;
(b) the number of diesel powered vehicles that failed and
passed the emission inspections required pursuant to this Chapter
13 during the previous year; and
(c) the number of diesel powered vehicles that failed the
emission inspections pursuant to this Chapter 13 more than once
in the previous year.
(625 ILCS 5/13-103) (from Ch. 95 1/2, par. 13-103)
Sec. 13-103. Official testing stations - Fee - Permit - Bond.
Upon the payment of a fee of $10 and the filing of an application by
the proprietor of any vehicle service station or public or private
garage upon forms furnished by the Department, accompanied by proof
of experience, training and ability of the operator of the testing
equipment, together with proof of installation of approved testing
equipment as defined in Section 13-102 and the giving of a bond
conditioned upon faithful observance of this Section and of rules and
regulations issued by the Department in the amount of $1,000 with
security approved by the Department, the Department shall issue a
permit to the proprietor of such vehicle service station or garage to
operate an Official Testing Station. Such permit shall expire 12
months following its issuance, but may be renewed annually by
complying with the requirements set forth in this Section and upon
the payment of a renewal fee of $10. Proprietors of official testing
stations for which permits have been issued prior to the effective
date of this Act may renew such permits for the renewal fee of $10 on
the expiration of each 12 months following issuance of such permits,
by complying with the requirements set forth in this Section.
However, any city, village or incorporated town shall upon
application to the Department and without payment of any fee or
filing of any bond, but upon proof of experience, training and
ability of the operator of the testing equipment, and proof of the
installation of approved testing equipment as defined in Section
13-102, be issued a permit to operate such testing station as an
Official Testing Station under this Act. The permit so issued shall
at all times be displayed in a prominent place in the vehicle service
station, garage or municipal testing station which is licensed as an
Official Testing Station under this Act. No person or vehicle service
4312 JOURNAL OF THE [May 13, 1999]
station, garage or municipal testing station shall in any manner
claim or represent himself or itself to be an official testing
station unless a permit has been issued to him or it as provided in
this Section.
Any person or municipality who or which has received a permit
under this Section may test his or its own second division vehicles
and issue certificates of safety and conduct emission inspections of
his or its own second division vehicles in accordance with the
requirements of Section 13-109.1 with respect to any such second
division vehicles owned, operated or controlled by him or it.
Each such permit issued by the Department shall state on its face
the location of the official testing station to be operated under the
permit and safety tests shall be made only at such location. However,
the Department may, upon application, authorize a change in the
location of the official testing station and the removal of the
testing equipment to the new location. Upon approval of such
application, the Department shall issue an endorsement which the
applicant shall affix to his permit. Such endorsement constitutes
authority for the applicant to make such change in location and to
remove his testing equipment at the times and to the places stated in
the endorsement.
(Source: P.A. 80-606.)
(625 ILCS 5/13-106) (from Ch. 95 1/2, par. 13-106)
Sec. 13-106. Rates and charges by official testing
stations-Schedule to be filed. Every operator of an official testing
station shall file with the Department, in the manner prescribed by
the Department, a schedule of all rates and charges made by him for
performing the tests test provided for in Section 13-101 and Section
13-109.1. Such rate or charge shall include an amount to reimburse
the operator of the official testing station for the purchase from
the Department of the certificate of safety required by this chapter,
not to exceed that fee paid to the Department by the operator
authorized by this chapter. Such rates and charges shall be just and
reasonable and the Department upon its own initiative or upon
complaint of any person or corporation may require the testing
station operator to appear for a hearing and prove that the rates so
filed are just and reasonable. A "just and reasonable" rate or
charge, for the purposes of this Section, means a rate or charge
which is the same, or nearly the same, as the prevailing rate or
charge for the same or similar tests made in the community where the
station is located. No operator may change this schedule of rates
and charges until the proposed changes are filed with and approved by
the Department. No license may be issued to any official testing
station unless the applicant has filed with the Department a proposed
schedule of rates and charges and unless such rates and charges have
been approved by the Department. No operator of an official testing
station shall charge more or less than the rates so filed with and
approved by the Department.
(Source: P.A. 80-606.)
(625 ILCS 5/13-109.1 new)
Sec. 13-109.1. Annual emission inspection tests; standards;
penalties; funds.
(a) For each diesel powered vehicle that is registered for a
gross weight of more than 16,000 pounds, is registered within an
affected area, and is a 2 year or older model year, an annual
emission inspection test shall be conducted at an official testing
station certified by the Department to perform diesel emission
inspections pursuant to the standards set forth in subsection (b) of
this Section. This annual emission inspection test may be conducted
in conjunction with a semi-annual safety test.
(b) Diesel emission inspections conducted under this Chapter 13
HOUSE OF REPRESENTATIVES 4313
shall be conducted in accordance with the Society of Automotive
Engineers Recommended Practice J1667 "Snap-Acceleration Smoke Test
Procedure for Heavy-Duty Diesel Powered Vehicles" and the cutpoint
standards set forth in the United States Environmental Protection
Agency guidance document "Guidance to States on Smoke Opacity
Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure".
Those procedures and standards, as now in effect, are made a part of
this Code, in the same manner as though they were set out in full in
this Code.
Notwithstanding the above cutpoint standards, for motor vehicles
that are model years 1973 and older, until December 31, 2002, the
level of peak smoke opacity shall not exceed 70 percent. Beginning
January 1, 2003, for motor vehicles that are model years 1973 and
older, the level of peak smoke opacity shall not exceed 55 percent.
(c) If the annual emission inspection reveals that the vehicle
is not in compliance with the diesel emission standards set forth in
subsection (b) of this Section, the operator of the official testing
station shall issue a warning notice requiring correction of the
violation. The correction shall be made and the vehicle submitted to
an emissions retest at an official testing station certified by the
Department to perform diesel emission inspections within 30 days from
the issuance of the warning notice requiring correction of the
violation.
If, within 30 days from the issuance of the warning notice, the
vehicle is not in compliance with the diesel emission standards set
forth in subsection (b) as determined by an emissions retest at an
official testing station, the operator of the official testing
station or the Department shall place the vehicle out-of-service in
accordance with the rules promulgated by the Department. Operating a
vehicle that has been placed out-of-service under this subsection (c)
is a petty offense punishable by a $1,000 fine. The vehicle must pass
a diesel emission inspection at an official testing station before it
is again placed in service. The Secretary of State, Department of
State Police, and other law enforcement officers shall enforce this
Section. No emergency vehicle, as defined in Section 1-105, may be
placed out-of-service pursuant to this Section.
The Department or an official testing station may issue a
certificate of waiver subsequent to a reinspection of a vehicle that
failed the emissions inspection. Certificate of waiver shall be
issued upon determination that documented proof demonstrates that
emissions repair costs for the noncompliant vehicle of at least
$3,000 have been spent in an effort to achieve compliance with the
emission standards set forth in subsection (b). The Department of
Transportation shall adopt rules for the implementation of this
subsection including standards of documented proof as well as the
criteria by which a waiver shall be granted.
(d) There is hereby created within the State Treasury a special
fund to be known as the Diesel Emissions Testing Fund, constituted
from the fines collected pursuant to subsection (c) of this Section.
Subject to appropriation, moneys from the Diesel Emissions Testing
Fund shall be available, as a supplement to moneys appropriated from
the General Revenue Fund, to the Department of Transportation for its
implementation of the diesel emission inspection requirements under
this Chapter 13. All moneys received from fines imposed under this
Section shall be paid into the Diesel Emissions Testing Fund. All
citations issued pursuant to this Section shall be considered
non-moving violations. The Department of Transportation is authorized
to promulgate rules to implement its responsibilities under this
Section.
(625 ILCS 5/13-109.2 new)
Sec. 13-109.2. Pollution Control Board diesel emission standards
4314 JOURNAL OF THE [May 13, 1999]
and tests. Within 8 months of the effective date of this amendatory
Act of the 91st General Assembly, the Pollution Control Board shall
amend its heavy-duty diesel smoke opacity standards and test
procedures to be consistent with the procedures and standards set
forth in Section 13-109.1.
(625 ILCS 5/13-109.3 new)
Sec. 13-109.3. Exemption from diesel emissions inspections.
Second division vehicles being operated on plates issued pursuant to
subsection (c) of Section 3-815 are exempt from the diesel emissions
inspection requirements set forth in this Chapter.
(625 ILCS 5/13-114) (from Ch. 95 1/2, par. 13-114)
Sec. 13-114. Interstate carriers of property. Any vehicle
registered in Illinois and operated by an interstate carrier of
property shall be exempt from the provisions of this Chapter provided
such carrier has registered with the Bureau of Motor Carrier Safety
of the Federal Highway Administration as an interstate motor carrier
of property and has been assigned a federal census number by such
Bureau. An interstate carrier of property, however, is not exempt
from the provisions of Section 13-111(b) of this Chapter.
Any vehicle registered in Illinois and operated by a private
interstate carrier of property shall be exempt from the provisions of
this Chapter, except the provisions of Section 13-111(b), provided
it:
1. is registered with the Bureau of Motor Carrier Safety of
the Federal Highway Administration, and
2. carries in the motor vehicle documentation issued by the
Bureau of Motor Carrier Safety of the Federal Highway
Administration displaying the federal census number assigned, and
3. displays on the sides of the motor vehicle the census
number, which must be no less than 2 inches high, with a brush
stroke no less than 1/4 inch wide in a contrasting color.
Notwithstanding any other provision of this Section, each diesel
powered vehicle that is registered for a gross weight of more than
16,000 pounds, registered within the affected area, and operated by
an interstate carrier of property or a private interstate carrier of
property within the affected area is subject to the provisions of
this Chapter that pertain to diesel emission inspections.
(Source: P.A. 85-1407.)
(625 ILCS 5/13-116.1 new)
Sec. 13-116.1. Emission inspection funding. The Department of
Transportation shall be reimbursed for all expenses related to the
training, equipment, recordkeeping, and conducting of diesel powered
emission inspections pursuant to this Chapter 13 when that testing is
conducted within the affected areas, subject to appropriation, from
the General Revenue Fund and the Diesel Emissions Testing Fund. No
moneys from any funds other than the General Revenue Fund and the
Diesel Emissions Testing Fund shall be appropriated for diesel
emission inspections under this Chapter 13.
(625 ILCS 5/13-117 new)
Sec. 13-117. Home rule. A unit of local government within the
affected areas, including home rule units, shall not require or
conduct a diesel emission inspection program that does not meet or
exceed the standards of the diesel emission inspections provided for
in this Chapter 13. A unit of local government within the affected
areas, including home rule units, must affirmatively comply with the
diesel emission inspection requirements of this Chapter 13. This
Section 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.
Section 99. Effective date. This Act takes effect on July 1,
2000.".
HOUSE OF REPRESENTATIVES 4315
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2031 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 2038
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
by changing Section 115-15.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2038.
Senate Amendment No. 2 to HOUSE BILL NO. 2038.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2038, on page 2, by replacing
lines 2 through 30 with the following:
"(a-5) In any criminal prosecution for reckless homicide under
Section 9-3 of the Criminal Code of 1961 or driving under the
influence of alcohol, other drug, or combination of both, in
violation of Section 11-501 of the Illinois Vehicle Code or in any
civil action held under a statutory summary suspension hearing under
Section 2-118.1 of the Illinois Vehicle Code, a laboratory report
from the Department of State Police, Division of Forensic Services,
that is signed and sworn to by the person performing an analysis, and
that states that the sample of blood or urine was tested for alcohol
or drugs, and contains the person's findings as to the presence and
amount of alcohol or drugs and type of drug is prima facie evidence
of the presence, content, and amount of the alcohol or drugs analyzed
in the blood or urine. Attached to the report must be a copy of a
notarized statement by the signer of the report giving the name of
the signer and stating (1) that he or she is an employee of the
Department of State Police, Division of Forensic Services, (2) the
name and location of the laboratory where the analysis was performed,
(3) that performing the analysis is a part of his or her regular
duties, (4) that the signer is qualified by education, training, and
experience to perform the analysis, and (5) that scientifically
accepted tests were performed with due caution and that the evidence
was handled in accordance with established and accepted procedures
while in the custody of the laboratory.".
AMENDMENT NO. 2. Amend House Bill 2038 on page 3, by replacing
lines 4 and 5 with the following:
"(c) The report shall not be prima facie evidence of the
contents, identity, and weight of the substance if the".
4316 JOURNAL OF THE [May 13, 1999]
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2038 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 2042
A bill for AN ACT to amend the Code of Civil Procedure by
changing Section 9-118.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2042.
Senate Amendment No. 2 to HOUSE BILL NO. 2042.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2042 by replacing the title
with the following:
"AN ACT to amend the Code of Civil Procedure by changing Section
9-118."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by changing
Section 9-118 as follows:
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
Sec. 9-118. Emergency housing eviction proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the Cannabis
Control Act.
"Narcotics" and "controlled substance" have the meanings ascribed
to those terms in the Illinois Controlled Substances Act.
(b) This Section applies only if all of the following conditions
are met:
(1) The complaint seeks possession of premises that are
owned or managed by a housing authority established under the
Housing Authorities Act or privately owned and managed.
(2) The verified complaint alleges that there is direct
evidence of any either of the following:
(A) unlawful possessing, serving, storing,
manufacturing, cultivating, delivering, using, selling,
giving away, or trafficking in cannabis, narcotics, or
controlled substances within or upon the premises by or with
the knowledge and consent of, or in concert with the person
or persons named in the complaint; or
(B) the possession, use, sale, or delivery of a
firearm which is otherwise prohibited by State law within or
upon the premises by or with the knowledge and consent of,
or in concert with, the person or persons named in the
HOUSE OF REPRESENTATIVES 4317
complaint; or
(C) murder, attempted murder, kidnapping, attempted
kidnapping, arson, attempted arson, aggravated assault,
aggravated battery, criminal sexual assault, attempted
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or criminal
sexual abuse within or upon the premises by or with the
knowledge and consent of, or in concert with, the person or
persons named in the complaint.
(3) Notice by verified complaint setting forth the relevant
facts, and a demand for possession of the type specified in
Section 9-104 is served on the tenant or occupant of the premises
at least 14 days before a hearing on the complaint is held, and
proof of service of the complaint is submitted by the plaintiff
to the court.
(b-5) In all actions brought under this Section 9-118, no
predicate notice of termination or demand for possession shall be
required to initiate an eviction action.
(c) When a complaint has been filed under this Section, a
hearing on the complaint shall be scheduled on any day after the
expiration of 14 days following the filing of the complaint. The
summons shall advise the defendant that a hearing on the complaint
shall be held at the specified date and time, and that the defendant
should be prepared to present any evidence on his or her behalf at
that time.
If a plaintiff which is a public housing authority accepts rent
from the defendant after an action is initiated under this Section,
the acceptance of rent shall not be a cause for dismissal of the
complaint.
(d) If the defendant does not appear at the hearing, judgment
for possession of the premises in favor of the plaintiff shall be
entered by default. If the defendant appears, a trial shall be held
immediately as is prescribed in other proceedings for possession.
The matter shall not be continued beyond 7 days from the date set for
the first hearing on the complaint except by agreement of both the
plaintiff and the defendant. After a trial, if the court finds, by a
preponderance of the evidence, that the allegations in the complaint
have been proven, the court shall enter judgment for possession of
the premises in favor of the plaintiff and the court shall order that
the plaintiff shall be entitled to re-enter the premises immediately.
(d-5) If cannabis, narcotics, or controlled substances are found
or used anywhere in the premises, there is a rebuttable presumption
either (1) that the cannabis, narcotics, or controlled substances
were used or possessed by a tenant or occupant or (2) that a tenant
or occupant permitted the premises to be used for that use or
possession, and knew or should have reasonably known that the
substance was used or possessed.
(e) A judgment for possession entered under this Section may not
be stayed for any period in excess of 7 days by the court.
Thereafter the plaintiff shall be entitled to re-enter the premises
immediately. The sheriff or other lawfully deputized officers shall
give priority to service and execution of orders entered under this
Section over other possession orders.
(f) This Section shall not be construed to prohibit the use or
possession of cannabis, narcotics, or a controlled substance that has
been legally obtained in accordance with a valid prescription for the
personal use of a lawful occupant of a dwelling unit.
(Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
4318 JOURNAL OF THE [May 13, 1999]
AMENDMENT NO. 2. Amend House Bill 2042, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
2, line 19, by deleting "aggravated assault,".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2042 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 refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 578
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Sections 11-501.4-1.
House Amendment No. 1 to Senate Bill No. 578.
Action taken by the Senate, May 13, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 578 was placed on the
Calendar on the order of Non-Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has refused to concur with the House
in the adoption of their amendment to a bill of the following title,
to-wit:
SENATE BILL 878
A bill for AN ACT concerning taxation.
House Amendment No. 1 to Senate Bill No. 878.
Action taken by the Senate, May 13, 1999.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their refusal to
concur in House Amendment No. 1 to SENATE BILL 878 was placed on the
Calendar on the order of Non-concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
HOUSE OF REPRESENTATIVES 4319
Representatives that the Senate has concurred with the House in the
passage of bills of the following titles to-wit:
HOUSE BILL NO. 236
A bill for AN ACT to revise the Civil Administrative Code of
Illinois.
HOUSE BILL NO. 429
A bill for AN ACT to amend the Motor Vehicle Retail Installment
Sales Act by changing Section 2.8.
HOUSE BILL NO. 485
A bill for AN ACT in relation to children's product safety.
HOUSE BILL NO. 578
A bill for AN ACT to amend the Property Tax Code by changing
Section 15-65.
HOUSE BILL NO. 675
A bill for AN ACT to amend the Naprapathic Practice Act by
changing Section 65.
HOUSE BILL NO. 833
A bill for AN ACT to amend the Park District Code by changing
Section 10-7.
HOUSE BILL NO. 1274
A bill for AN ACT to amend the Illinois Educational Facilities
Authority Act.
HOUSE BILL NO. 1281
A bill for AN ACT regarding unclaimed property.
HOUSE BILL NO. 1774
A bill for AN ACT to amend the Illinois Marriage and Dissolution
of Marriage Act by changing Sections 505 and 713.
HOUSE BILL NO. 1816
A bill for AN ACT to amend the Illinois School Student Records
Act by changing Section 6.
HOUSE BILL NO. 1935
A bill for AN ACT concerning circuit clerks, amending named Acts.
Passed by the Senate, May 13, 1999.
Jim Harry, Secretary of the Senate
REPORTS FROM STANDING COMMITTEES
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 bill be reported "do pass as amended" and be placed on
the order of Second Reading -- Short Debate: SENATE BILL 574.
The committee roll call vote on SENATE BILL 574 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
4320 JOURNAL OF THE [May 13, 1999]
A Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
Y Durkin Y Scully
Y Johnson, Tom Y Smith, Michael, Vice-Chair
A Jones, Lou Y Turner, John
Y Winkel, Spkpn
AGREED RESOLUTION
The following resolutions were offered and placed on the Calendar
on the order of Agreed Resolutions.
HOUSE RESOLUTION 284
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 Judith Moriarty has
announced her retirement as a teacher with the Libertyville
Elementary School District #70 after thirty-one years of dedicated
service as a teacher, twenty-six of which were spent in Libertyville;
and
WHEREAS, Judith Moriarty taught and served as District
Coordinator for the Lake County Mastery Learning Program, District
Gifted Coordinator, and Staff Development Coordinator; and
WHEREAS, Judith Moriarty is affiliated with Phi Delta Kappa,
Delta Kappa Gamma, the National Reading Association, and the National
Association of Teachers of English; 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, Judith Moriarty, 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
Judith Moriarty for thirty-one 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 285
Offered by Representative Scott:
WHEREAS, Rena K. Cotsones has served as Executive Vice President
of the Rockford Area Chamber of Commerce with distinction and highest
effectiveness for over five years; and
WHEREAS, Ms. Cotsones' performance and conduct have engendered
the highest professional and personal regard from State, regional,
and community colleagues and citizen volunteers; and
WHEREAS, Ms. Cotsones has consistently displayed extraordinary
skill, dedication, and leadership in advancing numerous community
initiatives and aspirations; and
WHEREAS, Her unique perspectives, brilliant analyses, and
rational and balanced advocacy have reflected great credit upon the
community and the Rockford Area Chamber of Commerce; and
HOUSE OF REPRESENTATIVES 4321
WHEREAS, Her singular efforts and achievements have greatly
advanced public policy issues and strengthened business activities in
the Rockford Area, the region, and 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 Rena K. Cotsones is
highly commended and honored for her extraordinary distinguished
service to the Rockford Area Chamber of Commerce, the Northern
Illinois business community, and the strength and prosperity of the
State of Illinois; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Rena K. Cotsones.
HOUSE RESOLUTION 286
Offered by Representative Granberg:
WHEREAS, CROP Walks are sponsored by Church World Service; Money
raised through the CROP Walk and CROP Concerts allow Church World
Service to respond immediately, creatively, and effectively to
disasters around the world; and
WHEREAS, On April 25, 1999, the CROP Concert was held at the
Grace United Methodist Church in Salem, Illinois to benefit Church
World Service; and
WHEREAS, On May 2, 1999, the CROP Walk was held in Salem; and
WHEREAS, Al Van Houten was named this year's Volunteer of the
Year for his work with the CROP Walk and CROP Concerts; and
WHEREAS, For every $60 raised, $15 can be designated to local
hunger relief organizations; the remaining $45 can be used for a
variety of expenses, including: water purification tablets, oral
rehydration therapy for children, vegetable seeds, tools, and
vaccines to prevent diseases; and
WHEREAS, The CROP Walks and CROP Concerts earn funds for the
needy, and show how one community can help in the greater needs of a
people; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend the
volunteers of the CROP Walks and CROP Concerts on the good work they
do; and we commend Al Van Houten for being named Volunteer of the
Year; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
the organizers of CROP and Volunteer of the Year, Al Van Houten.
HOUSE RESOLUTION 287
Offered by Representative Joseph Lyons:
WHEREAS, The members of this House were saddened to learn of the
death of Dennis F. Voss of Northbrook and Palm Desert, California, on
April 17, 1999; and
WHEREAS, Mr. Voss was the organizer and former chairman of the
board of Parkway Bank & Trust Company in Harwood Heights and the
First State Bank of Chicago in Park Ridge; he was named chairman
emeritus in 1986; and
WHEREAS, Mr. Voss was a partner in S&V Builders of Norridge and
he developed and built several hundred single-family homes in Harwood
Heights and Norridge; and
WHEREAS, Mr. Voss was a former director of the Illinois State
Tollway, McCormick Place, WTTW-TV Channel 11, Alliance College in
Erie, Pennsylvania, and Felician College in Chicago; and
WHEREAS, He was appointed by Governor James Thompson to fill a
vacancy on the Metropolitan Sanitary District; he chaired the Lake
Michigan Water Diversions Committee, the Heart Fund, the Cancer
4322 JOURNAL OF THE [May 13, 1999]
Crusade, and the 100 Club of Cook County; and
WHEREAS, He was vice-chairman of the Cal-Sag Development and he
was a former member of the Illinois State Auditor's Office; and
WHEREAS, He was affiliated with the Harwood Heights Lions Club
and the Norridge Citadel of the Salvation Army; and
WHEREAS, His passing will be deeply felt by his family and
friends, especially his wife, Irene; his son, Edwin; his daughters,
Alina Lipsky and Barbara Wolfrum; his daughter-in-law, Cathie; his
sons-in-law, Joel Lipsky and Larry Wolfrum; and his six
grandchildren; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow
and regret the death of Dennis F. Voss and extend our sincere
condolences to his family and friends; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
his widow, Irene Voss.
HOUSE RESOLUTION 288
Offered by Representative Joseph Lyons:
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 our attention that Father George Klein is
celebrating the 40th anniversary of his ordination into holy
priesthood this year; and
WHEREAS, Father Klein was ordained by Cardinal Meyer on May 7,
1959 and this anniversary will be celebrated on Sunday, May 16, 1999,
at a Mass and reception; and
WHEREAS, Father Klein grew up on the northwest side of Chicago,
the son of George and Rosemary (Carroll), along with his brother Ed
and sister Margaret Jean (Trone); he was educated at Reinberg and St.
Pascal Grammar Schools, entered Quigley Seminary, and graduated from
St. Mary of the Lake in Mundelein; and
WHEREAS, His first assignment after ordination was at St. Gregory
Church, and in 1965 he was transferred to St. Benedict Church; while
at St. Benedict's, he was asked to take over as principal at the
parish high school, a post he held for 17 years; and
WHEREAS, During his tenure as principal, he served on a number of
State Associations and Principal Boards; he was also a district
director of the North Central Accrediting Association; and
WHEREAS, Father Klein was later assigned as associate pastor at
Queen of Angels Church for six months and then named pastor at St.
Monica Church, where he spearheaded the building of a new church; and
WHEREAS, In 1990, after returning from sabbatical in St. Louis,
Father Klein served at St. Joseph Parish in Wilmette, and currently
serves as associate pastor of Saint Francis Xavier Parish; and
WHEREAS, The illustrious life and extraordinary service of Father
Klein are a shining example of his love of God and 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 George Klein upon the 40th anniversary of his ordination
into holy priesthood; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Father George Klein as a token of our great respect and esteem.
HOUSE RESOLUTION 289
Offered by Representative Monique Davis:
WHEREAS, The members of the Illinois House of Representatives
wish to express their sincere sympathies to the family and friends of
HOUSE OF REPRESENTATIVES 4323
Kenneth Tyler, who passed away on April 24, 1999; and
WHEREAS, Kenneth Tyler was born in Chicago, Illinois, on October
28, 1954; his parents were Arthur and Ruby Lemmons Tyler; he attended
Chicago Public Schools and graduated from DuSable High School in
1973; in 1972 he was a member of the DuSable football team champions;
and
WHEREAS, In 1983 he married Cynthia Jones; together they were the
parents of Candeca M'Blia, Malcolm Marcus, and Kwame Ture (named
after Mr. Tyler's friend); and
WHEREAS, Kenneth Tyler was baptized and accepted Christ at
Greater Walters Church; and
WHEREAS, Kenneth Tyler attended Luther College in Decorah, Iowa,
where he graduated in 1977 with majors in Black Studies, Arts, and
Education; he was an accomplished artist and was art director for
Kumba Magazine, published by the Luther College Black Student Union;
he played football for 4 years of college, served as president of the
Black Student Union, and joined the All African Peoples Revolutionary
Party (AAPRP), which was founded by Kwame Ture (Stokely Carmichael),
a close friend of Kenneth Tyler, who recently preceded him in death;
Mr. Tyler remained as an organizer of the AAPRP until his death; and
WHEREAS, In 1978 Kenneth Tyler went to work as a student teacher
at East Waterloo High School; he went on to full time employment with
Lutheran General Hospital in 1979, where he worked with medical
supplies; in January of 1999 he was transferred to Christ Hospital;
and
WHEREAS, Kenneth Tyler began attending Calvary Missionary Baptist
Church two years ago, where he participated in the Sunday School
program; he also served as coach of the Pee Wee/Small Fry Basketball
Team at Calvary Complex for the last year; and
WHEREAS, Kenneth Tyler has worked for the African-American people
for over twenty years; he is remembered by those that knew him as
someone who put others' needs ahead of his own; he worked with young
people and encouraged them to work for the people, as well as
reminding them of the importance of education; and
WHEREAS, Kenneth Tyler is survived by his wife, Cynthia; his
daughters, Tomocha (Terrance) Coleman, and Candeca; his son, Malcolm;
his father, Arthur (Geraldine) Tyler; his sisters, Margaret "Mickey"
Kim Newell, Patricia Wilson, Stevenia Brown, and Alana Tyler; his
brothers, David "Toby" Tyler, Arthur Tyler, and Jeremy Tyler; "Mom"
Julia and "Pops" Willie Jones; his sister-in-law Teresa Jones; his
brothers-in-law, Willie (Angel) Jones, Warren (Erika) Jones, Kris
(Lisa) Jones, Darnell (Angie) Jones, and DeShawn Jones; his aunts,
Ann Hill, Jewel Jones, Mary Tyler, Alice Jones, Emma Tell, and
Margaret Ann Shaver; his uncles, Robert Lemmons, Willie (Mary Jean)
Tyler, Walter Jones, James (Mabel) Jones, and David (Aretha)
Williams; his granddaughter, Shianne Coleman; and many nieces,
nephews, cousins, and friends; and
WHEREAS, Kenneth Tyler was preceded in death by his mother, Ruby;
his son, Kwame; and his brother, Paul Wilson; 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
his family and friends, the death of Kenneth Tyler of Chicago,
Illinois; may all that knew him find peace at this time of need; and
be it further
RESOLVED, That a suitable copy of this resolution be presented to
the family of Kenneth Tyler.
HOUSE RESOLUTION 290
Offered by Representative Zickus:
WHEREAS, The members of the Illinois House of Representatives
4324 JOURNAL OF THE [May 13, 1999]
wish to congratulate Charles J. Thier on his retirement; and
WHEREAS, Educator Charles Thier has served the Indian Springs
School District #109 from 1961 to 1999 for a total of 38 years; and
WHEREAS, He taught at Bridgeview School from 1961 to 1967; he
served as Assistant Principal at Wilkins Junior High School from 1967
to 1970, and then as Principal from 1970 to 1991; from 1978 to 1991
he also served as Director of Instruction for the school district;
from 1991 to the present he has served as Superintendent of Schools;
and
WHEREAS, While serving as an administrator for the district, Mr.
Thier promoted educational advancement and curricular innovation; he
encouraged staff toward advanced education achievement and
utilization of improved methods; he promoted non-traditional
educational programs; and he supported high expectations for student
achievement; and
WHEREAS, As a school superintendent Mr. Thier has been an active
supporter of efforts to increase school funding; he has improved the
school environment in the district; he has upgraded buildings and
provided direction in building expansion to meet a growing student
population and improved teaching methods and expanded educational
programs; he has brought his school district from deficit spending to
a balanced budget without a tax increase request to the community;
and he has reduced by 50% the district's long-term debt; and
WHEREAS, He has implemented a comprehensive technology program;
he has encouraged the recognition and adoption of the State Learning
Standards; and he has led the district to North Central Association
Accreditation; he has reduced class size; he has established a
comprehensive and appropriate staff development program; and he has
maintained an active involvement in IASA on the local and State level
and maintained a leadership role in the South Cooperative for Public
Education; and
WHEREAS, Mr. Thier was instrumental in Dosher School legislation;
and
WHEREAS, On May 16, 1999, the Indian Springs School District #109
will dedicate the Charles J. Thier Administrative Center; on June 30,
1999, Mr. Thier will retire after 38 years of service; therefore, be
it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Charles J. Thier on his retirement as an educator; we wish him, along
with his wife, Patricia, the best for their future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Mr. Charles J. Thier, along with our sincere regards.
HOUSE RESOLUTION 291
Offered by Representative Granberg:
WHEREAS, The members of the Illinois House of Representatives
wish to acknowledge the Fourth Annual Centralia Relay for Life, to be
held on June 11 and 12, 1999; and
WHEREAS, The American Cancer Society will use the funds raised by
the benefit to aid in the fight against cancer; and
WHEREAS, The participants will gather at Evers Football Field to
begin the Relay for Life; through their hard work and efforts, the
fight against cancer can grow stronger; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the
Relay for Life workers and volunteers for continuing to support the
American Cancer Society through their hard work and dedication; and
be it further
RESOLVED, That a suitable copy of this resolution be presented at
HOUSE OF REPRESENTATIVES 4325
the Fourth Annual Relay for Life in Centralia.
HOUSE RESOLUTION 292
Offered by Representative Stephens:
WHEREAS, The members of the Illinois House of Representatives are
pleased to honor milestones in the lives of its citizens; and
WHEREAS, John Biekert of Mascoutah is retiring after 22 years on
the Mascoutah City Council; and
WHEREAS, The Mascoutah City Council will be honoring him by
proclaiming May 16, 1999 as "John Biekert Day" in the City of
Mascoutah; an open house will be held the same day honoring Mr.
Biekert; and
WHEREAS, Mr. Biekert has served the longest known term on the
City Council of Mascoutah; he was appointed by then Mayor Perrottet
for a 2-year term; over the years he has been elected to four 5-year
terms; as a member he has been active annexing the land now used for
Mid America Airport; and
WHEREAS, Mr. Biekert also served on the Mascoutah Library Board
for many years where he was instrumental in the remodeling of the
library and new building construction; and
WHEREAS, John Biekert will be enjoying his retirement playing
golf and spending time with his 6 children, 2 daughters and 4 sons;
he is also retired from Peabody Coal's Real Estate Division;
therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate John
Biekert on his retirement from the Mascoutah City Council; may he
enjoy his future knowing that he served his community well; and be it
further
RESOLVED, That a suitable copy of this resolution be presented to
John Biekert, along with our sincere regards.
HOUSE RESOLUTION 293
Offered by Representative Bill Mitchell:
WHEREAS, The institution of marriage is one of the cornerstones
upon which our society is built, and a marriage that has achieved a
notable longevity is truly a model for the people of the State of
Illinois; and
WHEREAS, It has come to our attention that Mr. and Mrs. Lyle
Putsch of Macon will celebrate the fiftieth anniversary of their
marriage; and
WHEREAS, Lyle Putsch and the former Norma Jean Eckhardt were
united in holy matrimony on June 12, 1949 at Macon Presbyterian
Church in Macon; and
WHEREAS, They are the loving parents of Doug and Debbie and the
proud grandparents of Kelsey; and
WHEREAS, Lyle retired from Caterpillar and Norma retired from
Zips Florist in Decatur; and
WHEREAS, The respect for marriage reaches one of its highest
plateaus when a couple such as Lyle and Norma celebrate their golden
wedding anniversary; and
WHEREAS, They stand as examples of the best of our society, and
their love and devotion to each other and to their family and friends
serve as a reminder to all that hard work, dedication, and love can
make a difference in today's world; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Lyle
and Norma Putsch on the occasion of their fiftieth wedding
anniversary; that we commend them for achieving a long and happy
4326 JOURNAL OF THE [May 13, 1999]
marriage, blessed with children and a grandchild and rich in
friendships; and that we wish them happiness and good health in the
future; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
them as an expression of our respect and esteem.
HOUSE RESOLUTION 294
Offered by Representative Bill Mitchell:
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate Annabel McBride on her recent award; and
WHEREAS, Annabel McBride, retired entrepreneur and businesswoman,
was selected 1999 Woman of the Year by the Marigold Chapter of the
American Business Woman's Association; and
WHEREAS, Annabel Hoffman McBride started her business training in
a rural one room schoolhouse in Fayette County; she graduated from
Vandalia High School in 1938 and enrolled in Heller Beauty School in
Decatur; after receiving her beautician license, she opened The
Hoffman Beauty Shop in Mulberry Grove, Illinois; and
WHEREAS, Two years later she entered Brown's Business College in
St. Louis where she achieved certification in secretarial skills,
highly excelling in shorthand; she worked in St. Louis 12 years as
cost accountant and secretary for Kelly Koett X-Ray, Lewis Invisible
Stitch Sewing Machines, and Universal Match Corporation; and
WHEREAS, In 1954 she and her husband built, owned, and operated
McBride's Resort, located on Bull Shoals Lake in Arkansas; they
established the McBride Indian Meadows Real Estate business, a
business specializing in subdividing land and building homes; in 1973
they sold the resort and focused more on their real estate business;
they retired in 1986 and moved to Forsythe, Missouri; and
WHEREAS, In the many years that Annabel lived in the Arkansas and
Missouri area, she kept busy with many activities besides running the
resort and real estate business; she was active in Eastern Star, Home
Extension, painted and worked with ceramics, cooked numerous meals
for fishermen, worked as an election judge for several years, worked
with the church, and enjoyed reading and knitting; and
WHEREAS, Annabel came back to Illinois in 1991; when her sister,
Geri Braun, retired in 1994, the two moved to Decatur; Annabel is an
active member at Sunnyside Road Church of Christ, the Marigold
Chapter ABWA, the Macon County Republican Women, an alternate member
of the Moultrie County Republican Women, and an election judge at
Long Creek Precinct 1; and
WHEREAS, In 1995 Annabel and her sister established the Hoffman
Memorial Fund at Sunset International Bible Institute in Lubbock,
Texas, in memory of their parents, Fred and Belle Hoffman; the
purpose of the scholarship fund is to help those seeking education in
ministry and missionary work; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate
Annabel McBride for being named the 1999 Woman of the Year by the
Marigold Chapter of the American Business Woman's Association;
through her many years of hard work she has proven herself an example
to other women in the business arena; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Annabel McBride, along with our sincere regards.
HOUSE RESOLUTION 295
Offered by Representative McCarthy:
WHEREAS, The members of this House are pleased and honored to
recognize significant achievements in the lives of individuals of
HOUSE OF REPRESENTATIVES 4327
this great State; and
WHEREAS, James Sheriff of Homewood has been named the 1998
National Driver of the Year by the American Trucking Associations;
and
WHEREAS, James Sheriff has worked for Roadway Express Company for
27 years and has been a professional truck driver for nearly 34
years; he has driven more than three million miles without a
preventable accident; and
WHEREAS, He was selected as Illinois Driver of the Year in 1992
and 1997; he has also received a Goodyear State Highway Hero Award,
Roadway's Golden Q Award, and two Certificates of Commendation for
safe driving from the United States Department of Transportation; he
was also recognized as a Highway Angel for his act of kindness when
he assisted at the scene of an accident; and
WHEREAS, He is based at Roadway's Chicago Heights facility and is
a member of Teamsters Local 710; he is supported throughout his
public and private life by his wife, Mary Anne, and daughters,
Jeanine and Jolene; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate James
Sheriff on being named 1998 National Driver of the Year by the
American Trucking Associations and applaud his actions as a truck
driver; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
him as an expression of our esteem.
HOUSE RESOLUTION 296
Offered by Representative McAuliffe:
WHEREAS, For nearly two centuries, graduates of our country's
military service academies and Distinguished Military Graduates of
ROTC units have been eligible for appointment as Regular Officers of
our military services; and
WHEREAS, This system has proven a great influence on many of our
distinguished military leaders in leading to a lifetime dedicated to
the military service of our country; and
WHEREAS, This long-standing system was changed by Public Law
102-109, Div. A, Title V, Part A, Section 501 (adding subsection (e)
to Section 532 (Qualifications for original appointment as a
commissioned officer) of Title 10 of the United States Code); and
WHEREAS, Subsection (e) of Section 532, Title 10, U.S.C.,
provides that after September 30, 1996, initial appointments of
commissioned officers in the Regular Army, Regular Navy, Regular Air
Force, and Regular Marine Corps must be in a reserve grade and denies
commissions as Regular Officers to graduates of our country's
military service academies and Distinguished Military Graduates of
ROTC units; and
WHEREAS, The change in the long-established practice in initial
commissioning of Regular Officers provided for in Section 501 of
Public Law 102-190 has a significant potential to lead many with the
greatest promise for service to our country in its military forces to
opt for other careers and to deprive our military services of many
well-educated potential leaders; and
WHEREAS, The Illinois House of Representatives has always
supported this Country's military forces and recognizes the special
commitment that military service requires; and
WHEREAS, The Illinois House of Representatives joins such
distinguished military leaders as General Andrew J. Goodpaster (U.S.
Army Ret.), General H. Norman Schwarzkopf (U.S. Army Ret.), General
Gordon R. Sullivan (U.S. Army Ret.), and Lt. General Edward L. Rowny
(U.S. Army Ret.) in urging the repeal of subsection (e) of Section
4328 JOURNAL OF THE [May 13, 1999]
532 of Title 10 of the United States Code; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois House of
Representatives does hereby express its support for the repeal of
subsection (e) of Section 532 of Title 10 of the United States Code
and does hereby respectfully urge Congress to repeal subsection (e)
of Section 532 of Title 10 of the United States Code; and be it
further
RESOLVED, That suitable copies of this resolution be delivered to
the Hon. Dennis Hastert, Speaker of the U.S. House of
Representatives, the Hon. Floyd D. Spence, Chairman of the House
Committee on Veterans' Affairs, the Hon. Trent Lott, President of the
U.S. Senate, the Hon. Strom Thurmond, Chairman of the Senate Armed
Services Committee, and the Hon. Arlen Specter, Chairman of the
Senate Committee on Veterans' Affairs.
HOUSE RESOLUTION 297
Offered by Representative Madigan:
WHEREAS, Approximately two years ago, Mr. and Mrs. Joseph
Wesbrook adopted two young boys from Nizhny Novgorod, Russia; Joey
had been born on February 20, 1994 and Michael had been born on July
15, 1994; and
WHEREAS, After many difficulties, the boys were allowed into the
United States; and
WHEREAS, The boys are now citizens of the United States and the
State of Illinois; they have been enrolled in early education
programs in the Berwyn School District and will enroll in
Kindergarten next year; and
WHEREAS, It is indeed an honor to have Joey and Michael Wesbrook
as citizens of the State of Illinois; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we welcome Joey and
Michael Wesbrook to the State of Illinois and to the United States
and wish them success in their future; and be it further
RESOLVED, That suitable copies of this resolution be presented to
Joey and Michael Wesbrook as an expression of our esteem.
HOUSE RESOLUTION 298
Offered by Representative Younge:
WHEREAS, The members of the Illinois House of Representatives
wish to congratulate Mrs. Ruth Hill on receiving a 1999 Governor's
Unique Achievement Award; Ms. Hill was nominated for the award by the
Southwestern Illinois Area Agency on Aging; and
WHEREAS, Ruth Hill was nominated based on her community
involvement in such organizations as the Board of Trustees of the
O'Fallon Library, the Belleville News Democrat Citizens Advisory
Board, and the O'Fallon Woman's Club, and as a Board member of the
local chapter of the American Association of University Women; and
WHEREAS, In addition to her busy schedule, she also served on the
Southwestern Illinois Area Agency on Aging's Board of Directors from
1992 to 1999; she recently attended the Third Session of the National
Silver Haired Congress as a representative of Congressman Jerry
Costello; and
WHEREAS, Ms. Hill was also nominated based on her knowing what
she wants to accomplish in life and what direction she wants her life
to take; she truly deserves this award; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mrs.
Ruth Hill on being a recipient of the 1999 Governor's Unique
HOUSE OF REPRESENTATIVES 4329
Achievement Award; and be it further
RESOLVED, That a suitable copy of this resolution be presented to
Mrs. Ruth Hill, along with our sincere regards.
HOUSE RESOLUTION 299
Offered by Representative Madigan - Daniels - Giglio:
WHEREAS, Inflation has grown at almost twice the rate of the
State-funded "Cost of Doing Business" increases for many providers of
services to persons with developmental disabilities since 1991; and
WHEREAS, A 1992 University of Illinois study found that private
providers of disability services nationwide paid their employees 17%
more on average than private Illinois providers; and
WHEREAS, Workers in these private provider agencies are among the
lowest paid in the State; and
WHEREAS, Many workers in these private provider agencies often
must pay up to 10% of their compensation per month for health
insurance coverage; and
WHEREAS, A 1997 University of Illinois study found staff turnover
rates among such private providers in Illinois was at 80% in their
first year of employment; and
WHEREAS, High staff turnover rates negatively impact the quality
of care and continuity required for individuals with disabilities;
and
WHEREAS, The State of Illinois must ensure that these workers are
properly compensated for their important work and that turnover at
these private agencies is kept to a minimum, allowing individuals
with disabilities a stable and safe environment; and
WHEREAS, Illinois disability service providers have indicated
that they want to use any funding increase to increase wages for
direct care employees; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that providers of services
for the developmentally disabled shall increase the wages of direct
care workers by at least the same percentage as the increase in funds
they receive from the State in fiscal year 2000; and be it further
RESOLVED, That each disability service provider shall certify to
the Department of Human Services, as provided by rule by the
Department, that it has provided the wage increases in accordance
with these requirements; and be it further
RESOLVED, That the Department of Human Services, on or before
January 1, 2000, shall report to the House of Representatives the
information certified to the Department by disability service
providers; and be it further
RESOLVED, That a suitable copy of this Resolution be forwarded to
the Secretary of Human Services.
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 McCarthy, SENATE BILL 1168 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 2)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
4330 JOURNAL OF THE [May 13, 1999]
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 Garrett, SENATE
BILL 311 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Fowler, SENATE BILL 1061 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affiramtive by the following vote:
110, Yeas; 2, 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 Saviano, SENATE BILL 801 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
Saviano, further consideration of SENATE BILL 801 was postponed.
RECALLS
By unanimous consent, on motion of Representative Reitz, SENATE
BILL 965 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Hamos, SENATE BILL 460 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 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 Stephens, SENATE BILL 53 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:
111, Yeas; 0, Nays; 2, Answering Present.
HOUSE OF REPRESENTATIVES 4331
(ROLL CALL 5)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Stephens, SENATE BILL 946 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; 1, Nays; 0, Answering Present.
(ROLL CALL 6)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RECALLS
By unanimous consent, on motion of Representative O'Connor,
SENATE BILL 906 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 Kenner, SENATE BILL 1121 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, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
SENATE BILL 656. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Executive, adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 656
AMENDMENT NO. 1. Amend Senate Bill 656 on page 2, by replacing
lines 18 through 31 with the following:
"In the interest of further developing Illinois' economy in the
area of commerce, tourism, convention, and banquet business, nothing
in this Section shall prohibit issuance of a retail license
authorizing the sale of alcoholic beverages to a restaurant, banquet
facility, grocery store, or hotel having not fewer than 150 guest
room accommodations located in a municipality of more than 500,000
persons, notwithstanding the proximity of such hotel, restaurant, or
banquet facility, or grocery store to any church or school, if the
licensed premises described on the license are located within an
enclosed mall or building of a height of at least 6 stories, or 60
feet in the case of a building that has been registered as a national
4332 JOURNAL OF THE [May 13, 1999]
landmark, or in a grocery store having a minimum of 56,010 square
feet of floor space in a single story building in an open mall of at
least 3.96 acres that is adjacent to a public school that opened as a
boys technical high school in 1934, and in any either case if the
sale of alcoholic liquors is not the principal business carried on by
the licensee license.".
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 171. Having been read by title a second time on May
15, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendments were offered in the Committee on Local
Government, adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 171
AMENDMENT NO. 1. Amend Senate Bill 171 on page 3, by replacing
lines 14 through 30 with the following:
"Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants, through
its council or board of trustees, may, by ordinance, provide for a
position of deputy chief to be appointed by the chief of the police
department. The ordinance shall provide for no more than one deputy
chief position if the police department has fewer than 25 police
officers and for no more than 2 deputy chief positions if the police
department has 25 or more police officers. The deputy chief position
shall be an exempt rank immediately below that of Chief. The deputy
chief may be appointed from any rank of sworn, full-time officers of
the municipality's police department, but must have at least 5 years
of full-time service as a police officer in that department. A
deputy chief shall serve at the discretion of the Chief and, if
removed from the position, shall revert to the rank held immediately
prior to appointment to the deputy chief position.".
AMENDMENT NO. 2 TO SENATE BILL 171
AMENDMENT NO. 2. Amend Senate Bill 171 on page 1, in line 5, by
changing "Section 10-2.1-4" to "Sections 10-2.1-4 and 10-2.1-17"; and
on page 4, below line 11, by inserting the following:
"(65 ILCS 5/10-2.1-17) (from Ch. 24, par. 10-2.1-17)
Sec. 10-2.1-17. Removal or discharge; investigation of charges;
retirement.
(a) Except as hereinafter provided, no officer or member of the
fire or police department of any municipality subject to this
Division 2.1 shall be removed or discharged except for cause, upon
written charges, and after an opportunity to be heard in his own
defense.
If the chief of the fire department or the chief of the police
department or both of them are appointed in the manner provided by
ordinance, they may be removed or discharged by the appointing
authority. In such case the appointing authority shall file with the
corporate authorities the reasons for such removal or discharge,
which removal or discharge shall not become effective unless
confirmed by a majority vote of the corporate authorities.
The board of fire and police commissioners shall conduct a fair
HOUSE OF REPRESENTATIVES 4333
and impartial hearing of the charges, to be commenced within 30 days
of the filing thereof, which hearing may be continued from time to
time. In case an officer or member is found guilty, the board may
(i) discharge him, (ii) or may suspend him not exceeding 30 days
without pay, or (iii) in the case of a police officer, demote him to
the rank he held immediately before promotion to his current rank.
The board may suspend any officer or member pending the hearing
with or without pay, but not to exceed 30 days. If the Board of Fire
and Police Commissioners determines that the charges are not
sustained, the officer or member shall be reimbursed for all wages
withheld, if any. In the conduct of this hearing, each member of the
board shall have power to administer oaths and affirmations, and the
board shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers
relevant to the hearing.
(b) The age for retirement of policemen or firemen in the
service of any municipality which adopts this Division 2.1 is 65
years, unless the Council or Board of Trustees shall by ordinance
provide for an earlier retirement age of not less than 60 years.
(c) The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the board of fire and
police commissioners hereunder. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(d) Nothing in this Section shall be construed to prevent the
chief of the fire department or the chief of the police department
from suspending without pay a member of his department for a period
of not more than 5 calendar days, but he shall notify the board in
writing of such suspension. Any policeman or fireman so suspended
may appeal to the board of fire and police commissioners for a review
of the suspension within 5 calendar days after such suspension, and
upon such appeal, the board may sustain the action of the chief of
the department, may reverse it with instructions that the man receive
his pay for the period involved, or may suspend the officer for an
additional period of not more than 30 days, or discharge him, or, in
the case of a police officer, demote him, depending upon the facts
presented.
(Source: P.A. 85-915.)".
AMENDMENT NO. 3 TO SENATE BILL 171
AMENDMENT NO. 3. Amend Senate Bill 171 by inserting after the
enacting clause the following:
"Section 3. The Illinois Municipal Code is amended by changing
Sections 10-1-7, 10-1-12, and 10-1-16 as follows:
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject to
examination. The examination shall be public, competitive, and open
to all citizens of the United States, with specified limitations as
to residence, age, health, habits and moral character.
(b) Residency requirements in effect at the time an individual
enters the fire or police service of a municipality (other than a
municipality that has more than 1,000,000 inhabitants) cannot be made
more restrictive for that individual during his or her period of
service for that municipality, or be made a condition of promotion,
except for the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions except
4334 JOURNAL OF THE [May 13, 1999]
those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18,
11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1,
28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
subsections (1), (6) and (8) of Section 24-1 of the Criminal Code of
1961 or arrested for any cause but not convicted on that cause shall
be disqualified from taking the examination on grounds of habits or
moral character, unless the person is attempting to qualify for a
position on the police department, in which case the conviction or
arrest may be considered as a factor in determining the person's
habits or moral character.
(d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age unless
they are applicants for a position as a fireman or a policeman having
no previous employment status as a fireman or policeman in the
regularly constituted fire or police department of the municipality,
in which case they must not have attained their 35th birthday, except
any person who has served as an auxiliary policeman under Section
3.1-30-20 for at least 5 years and is under 40 years of age.
(e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the classified
service as provided in this Division 1) who are holding that
employment as of the date a municipality adopts this Division 1, or
as of July 17, 1959, whichever date is the later, and who have held
that employment for at least 2 years immediately before that later
date, and all firemen and policemen regardless of length of service
who were either appointed to their respective positions by the board
of fire and police commissioners under the provisions of Division 2
of this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1, or as
of July 17, 1959, whichever date is the later, shall become members
of the classified civil service of the municipality without
examination.
(f) The examinations shall be practical in their character, and
shall relate to those matters that will fairly test the relative
capacity of the persons examined to discharge the duties of the
positions to which they seek to be appointed. No person may be
appointed to the police or fire department if he or she does not
possess a high school diploma or an equivalent high school education.
A civil service commission may, by its rules, require police
applicants to have obtained an associate's degree or a bachelor's
degree as a prerequisite for employment. The examinations shall
include tests of physical qualifications, health, and (when
appropriate) manual skill. If an applicant is unable to pass the
physical examination solely as the result of an injury received by
the applicant as the result of the performance of an act of duty
while working as a temporary employee in the position for which he or
she is being examined, however, the physical examination shall be
waived and the applicant shall be considered to have passed the
examination. No questions in any examination shall relate to
political or religious opinions or affiliations. Results of
examinations and the eligible registers prepared from the results
shall be published by the commission within 60 days after any
examinations are held.
(g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable number
of persons, either in or not in the official service of the
municipality, to be examiners. The examiners shall conduct the
examinations as directed by the commission and shall make a return or
report of the examinations to the commission. If the appointed
examiners are in the official service of the municipality, the
HOUSE OF REPRESENTATIVES 4335
examiners shall not receive extra compensation for conducting the
examinations. The commission may at any time substitute any other
person, whether or not in the service of the municipality, in the
place of any one selected as an examiner. The commission members may
themselves at any time act as examiners without appointing examiners.
The examiners at any examination shall not all be members of the same
political party.
(h) In municipalities of 500,000 or more population, no person
who has attained his or her 35th birthday shall be eligible to take
an examination for a position as a fireman or a policeman unless the
person has had previous employment status as a policeman or fireman
in the regularly constituted police or fire department of the
municipality, except as provided in this Section.
(i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a position as a
fireman or a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted police
or fire department of the municipality, except as provided in this
Section.
(j) In all municipalities, applicants who are 20 years of age
and who have successfully completed 2 years of law enforcement
studies at an accredited college or university may be considered for
appointment to active duty with the police department. An applicant
described in this subsection (j) who is appointed to active duty
shall not have power of arrest, nor shall the applicant be permitted
to carry firearms, until he or she reaches 21 years of age.
(k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions as
firefighters or police shall be made available at various branches of
the public library of the municipality.
(l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank serve a
probationary employment period of longer than one year. The
limitation on periods of probationary employment provided in this
amendatory Act of 1989 is an exclusive power and function of the
State. Pursuant to subsection (h) of Section 6 of Article VII of the
Illinois Constitution, a home rule municipality having a population
less than 1,000,000 must comply with this limitation on periods of
probationary employment, which is a denial and limitation of home
rule powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation shall not
apply to a fireman whose position also includes paramedic
responsibilities.
(Source: P.A. 86-990; 87-1119.)
(65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
Sec. 10-1-12. Register; eligibility list. From the returns or
reports of the examiners, or from the examinations made by the
commission, the commission shall prepare a register for each grade or
class of positions in the classified service of such municipality of
the persons whose general average standing upon examination for such
grade or class is not less than the minimum fixed by the rules of
such commission, and who are otherwise eligible. Such persons shall
take rank upon the register as candidates in the order of their
relative excellence as determined by examination, without reference
to priority of time of examination.
Within 60 days after each examination, an eligibility list shall
be posted by the Commission, which shall show the final grades of the
candidates without reference to priority of time of examination and
subject to claim for military or educational credit. Candidates who
are eligible for military or educational credit shall make a claim in
4336 JOURNAL OF THE [May 13, 1999]
writing within 10 days after posting of the eligibility list or the
such claim shall be deemed waived. Appointment shall be subject to a
final physical examination.
If a person is placed on an eligibility list and becomes overage
before he or she is appointed to a police or fire department, the
person remains eligible for appointment until the list is abolished
pursuant to authorized procedures. Otherwise no person who has
attained the age of 36 years shall be inducted as a member of a
police department and no person who has attained the age of 35 years
shall be inducted as a member of a fire department, except as
otherwise provided in this division.
(Source: P.A. 89-52, eff. 6-30-95; 90-481, eff. 8-17-97.)
(65 ILCS 5/10-1-16) (from Ch. 24, par. 10-1-16)
Sec. 10-1-16. Military and educational preference.
(a) Persons who were engaged in the military or naval service of
the United States for a period of at least one year at any time
during the years 1898 through 1902, 1914 through 1919, at any time
between September 16, 1940 and July 25, 1947, or at any time during
the national emergency between June 25, 1950 and January 31, 1955, or
at any time between January 1, 1961 and the date Congress declares
the Viet Nam conflict ended, and who were honorably discharged
therefrom and all persons who were engaged in such military or naval
service during any of such years who are now or may hereafter be on
inactive or reserve duty in such military or naval service, not
including, however, persons who were convicted by court-martial of
disobedience of orders, where such disobedience consisted in the
refusal to perform military service on the ground of alleged
religious or conscientious objections against war, shall be preferred
for appointments to civil offices, positions, and places of
employment in the classified service of any municipality coming under
the provisions of this Division 1, provided they are found to possess
the business capacity necessary for the proper discharge of the
duties of such office, position, or place of employment as determined
by examination. The civil service commission on certifying from any
existing register of eligibles resulting from the holding of an
examination for original entrance or any register of eligibles that
may be hereafter created of persons who have taken and successfully
passed the examinations provided for in this Division 1 for original
entrance commencing prior to September 1, 1949, shall place the name
or names of such persons at the head of any existing eligible
register or list of eligibles that may hereafter be created under the
provision of this Division 1, to be certified for appointment. The
civil service commission shall give preference for original
appointment to persons as hereinabove designated whose names appear
on any register of eligibles resulting from an examination for
original entrance held under the provisions of this Division 1 and
commenced on or after September 1, 1949 by adding to the final grade
average which they received or will receive as the result of any
examination held for original entrance, 5 points. The numerical
result thus attained shall be applied by the civil service commission
in determining the position of such persons on any eligible list
which has been created as the result of any examination for original
entrance commenced on or after September 1, 1949 for purposes of
preference in certification and appointment from such eligible list.
Every certified civil service employee who was called to, or who
volunteered for, the military or naval service of the United States
for a period of one year at any time during the years specified in
this Division 1, at any time between September 16, 1940 and July 25,
1947, or at any time during the national emergency between June 25,
1950 and January 31, 1955, or at any time between January 1, 1961 and
the date Congress declares the Viet Nam conflict ended, and who were
HOUSE OF REPRESENTATIVES 4337
honorably discharged therefrom or who are now or who may hereafter be
on inactive or reserve duty in such military or naval service, not
including, however, persons who were convicted by court martial of
disobedience of orders where such disobedience consisted in the
refusal to perform military service on the ground of alleged
religious or conscientious objections against war, and whose names
appear on existing promotional eligible registers or any promotional
eligible register that may hereafter be created, as provided for by
this Division 1, shall be preferred for promotional appointment to
civil offices, positions and places of employment in the classified
civil service of any municipality coming under the provisions of this
Division 1.
The civil service commission shall give preference for
promotional appointment to persons as hereinabove designated whose
names appear on existing promotional eligible registers or
promotional eligible registers that may hereafter be created by
adding to the final grade average which they received or will receive
as the result of any promotional examination commencing prior to
September 1, 1949, six-tenths of one point for each 6 months or
fraction thereof of military or naval service not exceeding 30
months, and by adding to the final grade average which they will
receive as the result of any promotional examinations held commencing
on or after September 1, 1949 seven-tenths of one point for each 6
months or fraction thereof of military or naval service not exceeding
30 months. The numerical result thus attained shall be applied by the
civil service commission in determining the position of such persons
on any eligible list which has been created or will be created as the
result of any promotional examination held hereunder for purposes of
preference in certification and appointment from such eligible list.
No person shall receive the preference for a promotional
appointment granted by this Section after he has received one
promotion from an eligible list on which he was allowed such
preference and which was prepared as a result of an examination held
on or after September 1, 1949.
No person entitled to preference or credit for military or naval
service hereunder shall be required to furnish evidence or record of
honorable discharge from the armed forces before the publication or
posting of any eligible register or list resulting from the
examination. Such preference shall be given after the posting or
publication of any eligible list or register resulting from such
examination and before any certifications or appointments are made
from such list or register.
(b) Persons who have successfully obtained an associate's degree
in the field of law enforcement, criminal justice, fire service, or
emergency medical services or a bachelor's degree from an accredited
college or university, and persons who have been awarded a
certificate attesting to the successful completion of the Minimum
Standards Basic Law Enforcement Training Course as provided in the
Illinois Police Training Act and who are currently serving as a law
enforcement officer on a part-time or full-time basis within the
State of Illinois shall be preferred for appointments to offices,
positions, and places of employment in the fire and police
departments of a municipality coming under the provisions of this
Division 1 by adding to the final grade average which they receive or
will receive as the result of any examination held for original
entrance 5 points.
(c) The preference points awarded under subsections (a) and (b)
shall not be cumulative.
(Source: P.A. 76-69.)".
On motion of Representative Reitz, Amendments numbered 2 and 3
4338 JOURNAL OF THE [May 13, 1999]
were ordered to lie on the table.
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 1. Having been recalled on May 11, 1999, and held on
the order of Second Reading, the same was again taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1
AMENDMENT NO. 1. Amend Senate Bill 1 on page 2, line 21, by
replacing "which" with "that which".
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 544. Having been recalled on May 11, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 544
AMENDMENT NO. 1. Amend Senate Bill 544 on page 1, line 11, by
replacing "pursuant to" with "under pursuant to".
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 27. Having been recalled on May 11, 1999, and held
on the order of Second Reading, the same was again taken up.
Floor Amendment No. 4 remained in the Committee on Rules.
Representative Hoffman offered the following amendment and moved
its adoption:
AMENDMENT NO. 5 TO SENATE BILL 27
AMENDMENT NO. 5. Amend Senate Bill 27, AS AMENDED, with
reference to page and line numbers of House Amendment No. 3, on page
2, by replacing line 11 with the following:
"technological resources for attorneys"; and
on page 2, line 18, by deleting "trained and"; and
on page 2, by replacing lines 23 through 25 with the following:
"structures, technological needs, and other issues affecting the
recruitment and retention of attorneys in the Illinois justice
HOUSE OF REPRESENTATIVES 4339
system.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 5
was adopted and the bill, as amended, was again advanced to the order
of Third Reading.
SENATE BILL 150. Having been recalled on May 7, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Brunsvold offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO SENATE BILL 150
AMENDMENT NO. 1. Amend Senate Bill 150 on page 1, line 10, by
replacing "fees" with "fees, each of which may not exceed $250 or an
amount approved by the Joint Committee on Administrative Rules,".
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 391. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Meyer offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 391
AMENDMENT NO. 1. Amend Senate Bill 391 on page 25, by inserting
below line 21 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 advanced to the order of
Third Reading.
SENATE BILL 392. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendments were offered in the Committee on
Constitutional Officers, adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 392
AMENDMENT NO. 1. Amend Senate Bill 392, on page 23, line 34, by
replacing "$15,000" with "$25,000 $15,000"; and
on page 24, line 1, by replacing "$15,000" with "$25,000 $15,000".
4340 JOURNAL OF THE [May 13, 1999]
AMENDMENT NO. 2 TO SENATE BILL 392
AMENDMENT NO. 2. Amend Senate Bill 392 on page 19, line 24,
after "7", by inserting "and by adding Section 7.5"; and
on page 24, immediately below line 7, by inserting the following:
"(760 ILCS 55/7.5 new)
Sec. 7.5. Charitable trust for the benefit of a minor; report.
(a) In the case of a charitable trust established for the
benefit a minor by a person other than the minor's parent or
guardian, the person or trustee responsible for the trust shall
report its existence by certified or registered United States mail to
the parent or guardian of the minor within 30 days after formation of
the trust and every 6 months thereafter. The written report shall
include the name and address of the trustee or trustees responsible
for the trust, the name and address of the financial institution at
which funds for the trust are held, the amount of funds raised for
the trust, and an itemized list of expenses for administration of the
trust.
The guardian of the minor shall report the existence of the trust
as part of the ward's estate to the court that appointed the guardian
as part of its responsibility to manage the ward's estate as
established under subsection (b-5) Section 11-13 of the Probate Act
of 1975. Compliance with this Section in no way affects other
requirements for trustee registration and reporting under this Act.
(b) If a person or trustee fails to report the existence of the
trust to the minor's parent or guardian as required in this Section,
the person or trustee is subject to injunction, to removal, to
account, and to other appropriate relief before a court of competent
jurisdiction exercising chancery jurisdiction.".
Representative Dart offered and withdrew Amendment No. 3.
Representative Dart offered the following amendment and moved its
adoption:
AMENDMENT NO. 4 TO SENATE BILL 392
AMENDMENT NO. 4. Amend Senate Bill 392, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Charitable Trust Act is amended by adding
Section 7.5 as follows:
(760 ILCS 55/7.5 new)
Sec. 7.5. Charitable trust for the benefit of a minor; report.
(a) In the case of a charitable trust established for the
benefit a minor by a person other than the minor's parent or
guardian, the person or trustee responsible for the trust shall
report its existence by certified or registered United States mail to
the parent or guardian of the minor within 30 days after formation of
the trust and every 6 months thereafter. The written report shall
include the name and address of the trustee or trustees responsible
for the trust, the name and address of the financial institution at
which funds for the trust are held, the amount of funds raised for
the trust, and an itemized list of expenses for administration of the
trust.
The guardian of the minor shall report the existence of the trust
as part of the ward's estate to the court that appointed the guardian
as part of its responsibility to manage the ward's estate as
established under Section 11-13 of the Probate Act of 1975.
Compliance with this Section in no way affects other requirements for
trustee registration and reporting under this Act.
HOUSE OF REPRESENTATIVES 4341
(b) If a person or trustee fails to report the existence of the
trust to the minor's parent or guardian as required in this Section,
the person or trustee is subject to injunction, to removal, to
account, and to other appropriate relief before a court of competent
jurisdiction exercising chancery jurisdiction.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1, 2 and 4 were adopted and the bill, as amended, was
advanced to the order of Third Reading.
SENATE BILL 1010. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Floor Amendment No. 1 remained in the Committee on Rules.
Representative Novak offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 1010
AMENDMENT NO. 2. Amend Senate Bill 1010 by replacing the title
with the following:
"AN ACT concerning the Metropolitan Pier and Exposition
Authority, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The State Finance Act is amended by changing Section
8.25f as follows:
(30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f)
Sec. 8.25f. McCormick Place Expansion Project Fund.
(a) Deposits. The following amounts shall be deposited into the
McCormick Place Expansion Project Fund in the State Treasury: (i) the
moneys required to be deposited into the Fund under Section 9 of the
Use Tax Act, Section 9 of the Service Occupation Tax Act, Section 9
of the Service Use Tax Act, and Section 3 of the Retailers'
Occupation Tax Act and (ii) the moneys required to be deposited into
the Fund under Section 13 of the Metropolitan Pier and Exposition
Authority Act. Notwithstanding the foregoing, the maximum amount that
may be deposited into the McCormick Place Expansion Project Fund from
item (i) shall not exceed the following amounts with respect to the
following fiscal years:
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
4342 JOURNAL OF THE [May 13, 1999]
2006 102,000,000
2007 and 108,000,000 106,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds are
outstanding under Section
13.2 of the Metropolitan Pier
and Exposition Authority Act,
but not after fiscal year 2029.
Provided that all amounts deposited in the Fund and requested in
the Authority's certificate have been paid to the Authority, all
amounts remaining in the McCormick Place Expansion Project Fund on
the last day of any month shall be transferred to the General Revenue
Fund.
(b) Authority certificate. Beginning with fiscal year 1994 and
continuing for each fiscal year thereafter, the Chairman of the
Metropolitan Pier and Exposition Authority shall annually certify to
the State Comptroller and the State Treasurer the amount necessary
and required, during the fiscal year with respect to which the
certification is made, to pay the debt service requirements
(including amounts to be paid with respect to arrangements to provide
additional security or liquidity) on all outstanding bonds and notes,
including refunding bonds, (collectively referred to as "bonds") in
an amount issued by the Authority pursuant to Section 13.2 of the
Metropolitan Pier and Exposition Authority Act. The certificate may
be amended from time to time as necessary.
(Source: P.A. 90-612, eff. 7-8-98.)
Section 10. The Use Tax Act is amended by changing Section 9 as
follows:
(35 ILCS 105/9) (from Ch. 120, par. 439.9)
Sec. 9. Except as to motor vehicles, watercraft, aircraft, and
trailers that are required to be registered with an agency of this
State, each retailer required or authorized to collect the tax
imposed by this Act shall pay to the Department the amount of such
tax (except as otherwise provided) at the time when he is required to
file his return for the period during which such tax was collected,
less a discount of 2.1% prior to January 1, 1990, and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is greater,
which is allowed to reimburse the retailer for expenses incurred in
collecting the tax, keeping records, preparing and filing returns,
remitting the tax and supplying data to the Department on request.
In the case of retailers who report and pay the tax on a transaction
by transaction basis, as provided in this Section, such discount
shall be taken with each such tax remittance instead of when such
retailer files his periodic return. A retailer need not remit that
part of any tax collected by him to the extent that he is required to
remit and does remit the tax imposed by the Retailers' Occupation Tax
Act, with respect to the sale of the same property.
Where such tangible personal property is sold under a conditional
sales contract, or under any other form of sale wherein the payment
of the principal sum, or a part thereof, is extended beyond the close
of the period for which the return is filed, the retailer, in
collecting the tax (except as to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an
agency of this State), may collect for each tax return period, only
the tax applicable to that part of the selling price actually
HOUSE OF REPRESENTATIVES 4343
received during such tax return period.
Except as provided in this Section, on or before the twentieth
day of each calendar month, such retailer shall file a return for the
preceding calendar month. Such return shall be filed on forms
prescribed by the Department and shall furnish such information as
the Department may reasonably require.
The Department may require returns to be filed on a quarterly
basis. If so required, a return for each calendar quarter shall be
filed on or before the twentieth day of the calendar month following
the end of such calendar quarter. The taxpayer shall also file a
return with the Department for each of the first two months of each
calendar quarter, on or before the twentieth day of the following
calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible personal
property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar month,
including receipts from charge and time sales, but less all
deductions allowed by law;
4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department may
require.
If a taxpayer fails to sign a return within 30 days after the
proper notice and demand for signature by the Department, the return
shall be considered valid and any amount shown to be due on the
return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average monthly
tax liability of $150,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. Beginning
October 1, 1994, a taxpayer who has an average monthly tax liability
of $100,000 or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000 or more
shall make all payments required by rules of the Department by
electronic funds transfer. The term "average monthly tax liability"
means the sum of the taxpayer's liabilities under this Act, and under
all other State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year divided
by 12.
Before August 1 of each year beginning in 1993, the Department
shall notify all taxpayers required to make payments by electronic
funds transfer. All taxpayers required to make payments by electronic
funds transfer shall make those payments for a minimum of one year
beginning on October 1.
Any taxpayer not required to make payments by electronic funds
transfer may make payments by electronic funds transfer with the
permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the manner
authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
If the taxpayer's average monthly tax liability to the Department
under this Act, the Retailers' Occupation Tax Act, the Service
4344 JOURNAL OF THE [May 13, 1999]
Occupation Tax Act, the Service Use Tax Act was $10,000 or more
during the preceding 4 complete calendar quarters, he shall file a
return with the Department each month by the 20th day of the month
next following the month during which such tax liability is incurred
and shall make payments to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. If the month during which such tax liability is incurred
began prior to January 1, 1985, each payment shall be in an amount
equal to 1/4 of the taxpayer's actual liability for the month or an
amount set by the Department not to exceed 1/4 of the average monthly
liability of the taxpayer to the Department for the preceding 4
complete calendar quarters (excluding the month of highest liability
and the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or after
January 1, 1985, and prior to January 1, 1987, each payment shall be
in an amount equal to 22.5% of the taxpayer's actual liability for
the month or 27.5% of the taxpayer's liability for the same calendar
month of the preceding year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, and prior
to January 1, 1988, each payment shall be in an amount equal to 22.5%
of the taxpayer's actual liability for the month or 26.25% of the
taxpayer's liability for the same calendar month of the preceding
year. If the month during which such tax liability is incurred
begins on or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same calendar month
of the preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior to January
1, 1996, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 25% of the taxpayer's
liability for the same calendar month of the preceding year or 100%
of the taxpayer's actual liability for the quarter monthly reporting
period. The amount of such quarter monthly payments shall be
credited against the final tax liability of the taxpayer's return for
that month. Once applicable, the requirement of the making of
quarter monthly payments to the Department shall continue until such
taxpayer's average monthly liability to the Department during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less than
$9,000, or until such taxpayer's average monthly liability to the
Department as computed for each calendar quarter of the 4 preceding
complete calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in the
taxpayer's business has occurred which causes the taxpayer to
anticipate that his average monthly tax liability for the reasonably
foreseeable future will fall below $10,000, then such taxpayer may
petition the Department for change in such taxpayer's reporting
status. The Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and not likely
to be long term. If any such quarter monthly payment is not paid at
the time or in the amount required by this Section, then the taxpayer
shall be liable for penalties and interest on the difference between
the minimum amount due and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department in excess
of the minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to govern
the quarter monthly payment amount and quarter monthly payment dates
for taxpayers who file on other than a calendar monthly basis.
If any such payment provided for in this Section exceeds the
HOUSE OF REPRESENTATIVES 4345
taxpayer's liabilities under this Act, the Retailers' Occupation Tax
Act, the Service Occupation Tax Act and the Service Use Tax Act, as
shown by an original monthly return, the Department shall issue to
the taxpayer a credit memorandum no later than 30 days after the date
of payment, which memorandum may be submitted by the taxpayer to the
Department in payment of tax liability subsequently to be remitted by
the taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations to be prescribed by
the Department, except that if such excess payment is shown on an
original monthly return and is made after December 31, 1986, no
credit memorandum shall be issued, unless requested by the taxpayer.
If no such request is made, the taxpayer may credit such excess
payment against tax liability subsequently to be remitted by the
taxpayer to the Department under this Act, the Retailers' Occupation
Tax Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations prescribed by the
Department. If the Department subsequently determines that all or
any part of the credit taken was not actually due to the taxpayer,
the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by
2.1% or 1.75% of the difference between the credit taken and that
actually due, and the taxpayer shall be liable for penalties and
interest on such difference.
If the retailer is otherwise required to file a monthly return
and if the retailer's average monthly tax liability to the Department
does not exceed $200, the Department may authorize his returns to be
filed on a quarter annual basis, with the return for January,
February, and March of a given year being due by April 20 of such
year; with the return for April, May and June of a given year being
due by July 20 of such year; with the return for July, August and
September of a given year being due by October 20 of such year, and
with the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax liability
to the Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for a
given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the
time within which a retailer may file his return, in the case of any
retailer who ceases to engage in a kind of business which makes him
responsible for filing returns under this Act, such retailer shall
file a final return under this Act with the Department not more than
one month after discontinuing such business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an
agency of this State, every retailer selling this kind of tangible
personal property shall file, with the Department, upon a form to be
prescribed and supplied by the Department, a separate return for each
such item of tangible personal property which the retailer sells,
except that where, in the same transaction, a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than one
aircraft, watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose of
resale, that seller for resale may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform invoice-transaction
reporting return form. For purposes of this Section, "watercraft"
4346 JOURNAL OF THE [May 13, 1999]
means a Class 2, Class 3, or Class 4 watercraft as defined in Section
3-2 of the Boat Registration and Safety Act, a personal watercraft,
or any boat equipped with an inboard motor.
The transaction reporting return in the case of motor vehicles or
trailers that are required to be registered with an agency of this
State, shall be the same document as the Uniform Invoice referred to
in Section 5-402 of the Illinois Vehicle Code and must show the name
and address of the seller; the name and address of the purchaser; the
amount of the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed by the
retailer for the traded-in tangible personal property, if any, to the
extent to which Section 2 of this Act allows an exemption for the
value of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of tax
due from the retailer with respect to such transaction; the amount of
tax collected from the purchaser by the retailer on such transaction
(or satisfactory evidence that such tax is not due in that particular
instance, if that is claimed to be the fact); the place and date of
the sale; a sufficient identification of the property sold; such
other information as is required in Section 5-402 of the Illinois
Vehicle Code, and such other information as the Department may
reasonably require.
The transaction reporting return in the case of watercraft and
aircraft must show the name and address of the seller; the name and
address of the purchaser; the amount of the selling price including
the amount allowed by the retailer for traded-in property, if any;
the amount allowed by the retailer for the traded-in tangible
personal property, if any, to the extent to which Section 2 of this
Act allows an exemption for the value of traded-in property; the
balance payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer with
respect to such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance, if
that is claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later than
20 days after the date of delivery of the item that is being sold,
but may be filed by the retailer at any time sooner than that if he
chooses to do so. The transaction reporting return and tax
remittance or proof of exemption from the tax that is imposed by this
Act may be transmitted to the Department by way of the State agency
with which, or State officer with whom, the tangible personal
property must be titled or registered (if titling or registration is
required) if the Department and such agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
With each such transaction reporting return, the retailer shall
remit the proper amount of tax due (or shall submit satisfactory
evidence that the sale is not taxable if that is the case), to the
Department or its agents, whereupon the Department shall issue, in
the purchaser's name, a tax receipt (or a certificate of exemption if
the Department is satisfied that the particular sale is tax exempt)
which such purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible personal
property that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois certificate
or other evidence of title or registration to such tangible personal
property.
No retailer's failure or refusal to remit tax under this Act
HOUSE OF REPRESENTATIVES 4347
precludes a user, who has paid the proper tax to the retailer, from
obtaining his certificate of title or other evidence of title or
registration (if titling or registration is required) upon satisfying
the Department that such user has paid the proper tax (if tax is due)
to the retailer. The Department shall adopt appropriate rules to
carry out the mandate of this paragraph.
If the user who would otherwise pay tax to the retailer wants the
transaction reporting return filed and the payment of tax or proof of
exemption made to the Department before the retailer is willing to
take these actions and such user has not paid the tax to the
retailer, such user may certify to the fact of such delay by the
retailer, and may (upon the Department being satisfied of the truth
of such certification) transmit the information required by the
transaction reporting return and the remittance for tax or proof of
exemption directly to the Department and obtain his tax receipt or
exemption determination, in which event the transaction reporting
return and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account with the
Department, but without the 2.1% or 1.75% discount provided for in
this Section being allowed. When the user pays the tax directly to
the Department, he shall pay the tax in the same amount and in the
same form in which it would be remitted if the tax had been remitted
to the Department by the retailer.
Where a retailer collects the tax with respect to the selling
price of tangible personal property which he sells and the purchaser
thereafter returns such tangible personal property and the retailer
refunds the selling price thereof to the purchaser, such retailer
shall also refund, to the purchaser, the tax so collected from the
purchaser. When filing his return for the period in which he refunds
such tax to the purchaser, the retailer may deduct the amount of the
tax so refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the Department, as
shown by such return, if the amount of the tax to be deducted was
previously remitted to the Department by such retailer. If the
retailer has not previously remitted the amount of such tax to the
Department, he is entitled to no deduction under this Act upon
refunding such tax to the purchaser.
Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax covered
by such return upon the selling price of tangible personal property
purchased by him at retail from a retailer, but as to which the tax
imposed by this Act was not collected from the retailer filing such
return, and such retailer shall remit the amount of such tax to the
Department when filing such return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint return
which will enable retailers, who are required to file returns
hereunder and also under the Retailers' Occupation Tax Act, to
furnish all the return information required by both Acts on the one
form.
Where the retailer has more than one business registered with the
Department under separate registration under this Act, such retailer
may not file each return that is due as a single return covering all
such registered businesses, but shall file separate returns for each
such registered business.
Beginning January 1, 1990, each month the Department shall pay
into the State and Local Sales Tax Reform Fund, a special fund in the
State Treasury which is hereby created, the net revenue realized for
the preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has been
4348 JOURNAL OF THE [May 13, 1999]
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall pay
into the County and Mass Transit District Fund 4% of the net revenue
realized for the preceding month from the 6.25% general rate on the
selling price of tangible personal property which is purchased
outside Illinois at retail from a retailer and which is titled or
registered by an agency of this State's government.
Beginning January 1, 1990, each month the Department shall pay
into the State and Local Sales Tax Reform Fund, a special fund in the
State Treasury, 20% of the net revenue realized for the preceding
month from the 6.25% general rate on the selling price of tangible
personal property, other than tangible personal property which is
purchased outside Illinois at retail from a retailer and which is
titled or registered by an agency of this State's government.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund 16% of the net revenue realized
for the preceding month from the 6.25% general rate on the selling
price of tangible personal property which is purchased outside
Illinois at retail from a retailer and which is titled or registered
by an agency of this State's government.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after
July 1, 1989, 3.8% thereof shall be paid into the Build Illinois
Fund; provided, however, that if in any fiscal year the sum of (1)
the aggregate of 2.2% or 3.8%, as the case may be, of the moneys
received by the Department and required to be paid into the Build
Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois Fund
from the State and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as defined in Section 3 of the Retailers'
Occupation Tax Act), an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the sum of
(1) the Tax Act Amount required to be deposited into the Build
Illinois Bond Account in the Build Illinois Fund during such month
and (2) the amount transferred during such month to the Build
Illinois Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an amount
equal to the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department pursuant
to the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in aggregate
payments into the Build Illinois Fund pursuant to this clause (b) for
any fiscal year in excess of the greater of (i) the Tax Act Amount or
(ii) the Annual Specified Amount for such fiscal year; and, further
provided, that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing Bonds
issued and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income, to
fully provide, in accordance with such indenture, for the defeasance
of or the payment of the principal of, premium, if any, and interest
on the Bonds secured by such indenture and on any Bonds expected to
HOUSE OF REPRESENTATIVES 4349
be issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget. If on the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the aggregate of
the moneys deposited in the Build Illinois Bond Account in the Build
Illinois Fund in such month shall be less than the amount required to
be transferred in such month from the Build Illinois Bond Account to
the Build Illinois Bond Retirement and Interest Fund pursuant to
Section 13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received by
the Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois Fund
in any fiscal year pursuant to this sentence shall be deemed to
constitute payments pursuant to clause (b) of the preceding sentence
and shall reduce the amount otherwise payable for such fiscal year
pursuant to clause (b) of the preceding sentence. The moneys
received by the Department pursuant to this Act and required to be
deposited into the Build Illinois Fund are subject to the pledge,
claim and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund as
provided in the preceding paragraph or in any amendment thereto
hereafter enacted, the following specified monthly installment of the
amount requested in the certificate of the Chairman of the
Metropolitan Pier and Exposition Authority provided under Section
8.25f of the State Finance Act, but not in excess of the sums
designated as "Total Deposit", shall be deposited in the aggregate
from collections under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act into the McCormick
Place Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 and 108,000,000 106,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal year
4350 JOURNAL OF THE [May 13, 1999]
thereafter, one-eighth of the amount requested in the certificate of
the Chairman of the Metropolitan Pier and Exposition Authority for
that fiscal year, less the amount deposited into the McCormick Place
Expansion Project Fund by the State Treasurer in the respective month
under subsection (g) of Section 13 of the Metropolitan Pier and
Exposition Authority Act, plus cumulative deficiencies in the
deposits required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project Fund,
until the full amount requested for the fiscal year, but not in
excess of the amount specified above as "Total Deposit", has been
deposited.
Subject to payment of amounts into the Build Illinois Fund and
the McCormick Place Expansion Project Fund pursuant to the preceding
paragraphs or in any amendment thereto hereafter enacted, each month
the Department shall pay into the Local Government Distributive Fund
.4% of the net revenue realized for the preceding month from the 5%
general rate, or .4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may be, on
the selling price of tangible personal property which amount shall,
subject to appropriation, be distributed as provided in Section 2 of
the State Revenue Sharing Act. No payments or distributions pursuant
to this paragraph shall be made if the tax imposed by this Act on
photoprocessing products is declared unconstitutional, or if the
proceeds from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois Fund, the
McCormick Place Expansion Project Fund, and the Local Government
Distributive Fund pursuant to the preceding paragraphs or in any
amendments thereto hereafter enacted, beginning July 1, 1993, the
Department shall each month pay into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized for the preceding month from
the 6.25% general rate on the selling price of tangible personal
property.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and used only
for the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with Section 8a
of the State Finance Act.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller shall
order transferred and the Treasurer shall transfer from the General
Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of
80% of the net revenue realized under this Act for the second
preceding month; except that this transfer shall not be made for the
months February through June of 1992.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during
that month as refunds to taxpayers for overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may assume the
responsibility for accounting and paying to the Department all tax
accruing under this Act with respect to such sales, if the retailers
who are affected do not make written objection to the Department to
this arrangement.
(Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff.
1-1-99; 90-612, eff. 7-8-98.)
Section 15. The Service Use Tax Act is amended by changing
Section 9 as follows:
(35 ILCS 110/9) (from Ch. 120, par. 439.39)
HOUSE OF REPRESENTATIVES 4351
Sec. 9. Each serviceman required or authorized to collect the
tax herein imposed shall pay to the Department the amount of such tax
(except as otherwise provided) at the time when he is required to
file his return for the period during which such tax was collected,
less a discount of 2.1% prior to January 1, 1990 and 1.75% on and
after January 1, 1990, or $5 per calendar year, whichever is greater,
which is allowed to reimburse the serviceman for expenses incurred in
collecting the tax, keeping records, preparing and filing returns,
remitting the tax and supplying data to the Department on request. A
serviceman need not remit that part of any tax collected by him to
the extent that he is required to pay and does pay the tax imposed by
the Service Occupation Tax Act with respect to his sale of service
involving the incidental transfer by him of the same property.
Except as provided hereinafter in this Section, on or before the
twentieth day of each calendar month, such serviceman shall file a
return for the preceding calendar month in accordance with reasonable
Rules and Regulations to be promulgated by the Department. Such
return shall be filed on a form prescribed by the Department and
shall contain such information as the Department may reasonably
require.
The Department may require returns to be filed on a quarterly
basis. If so required, a return for each calendar quarter shall be
filed on or before the twentieth day of the calendar month following
the end of such calendar quarter. The taxpayer shall also file a
return with the Department for each of the first two months of each
calendar quarter, on or before the twentieth day of the following
calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in business as a serviceman in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month, including receipts from
charge and time sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department may
require.
If a taxpayer fails to sign a return within 30 days after the
proper notice and demand for signature by the Department, the return
shall be considered valid and any amount shown to be due on the
return shall be deemed assessed.
Beginning October 1, 1993, a taxpayer who has an average monthly
tax liability of $150,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. Beginning
October 1, 1994, a taxpayer who has an average monthly tax liability
of $100,000 or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1, 1995,
a taxpayer who has an average monthly tax liability of $50,000 or
more shall make all payments required by rules of the Department by
electronic funds transfer. The term "average monthly tax liability"
means the sum of the taxpayer's liabilities under this Act, and under
all other State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year divided
by 12.
Before August 1 of each year beginning in 1993, the Department
shall notify all taxpayers required to make payments by electronic
funds transfer. All taxpayers required to make payments by electronic
funds transfer shall make those payments for a minimum of one year
beginning on October 1.
Any taxpayer not required to make payments by electronic funds
4352 JOURNAL OF THE [May 13, 1999]
transfer may make payments by electronic funds transfer with the
permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the manner
authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
If the serviceman is otherwise required to file a monthly return
and if the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize his
returns to be filed on a quarter annual basis, with the return for
January, February and March of a given year being due by April 20 of
such year; with the return for April, May and June of a given year
being due by July 20 of such year; with the return for July, August
and September of a given year being due by October 20 of such year,
and with the return for October, November and December of a given
year being due by January 20 of the following year.
If the serviceman is otherwise required to file a monthly or
quarterly return and if the serviceman's average monthly tax
liability to the Department does not exceed $50, the Department may
authorize his returns to be filed on an annual basis, with the return
for a given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the
time within which a serviceman may file his return, in the case of
any serviceman who ceases to engage in a kind of business which makes
him responsible for filing returns under this Act, such serviceman
shall file a final return under this Act with the Department not more
than 1 month after discontinuing such business.
Where a serviceman collects the tax with respect to the selling
price of property which he sells and the purchaser thereafter returns
such property and the serviceman refunds the selling price thereof to
the purchaser, such serviceman shall also refund, to the purchaser,
the tax so collected from the purchaser. When filing his return for
the period in which he refunds such tax to the purchaser, the
serviceman may deduct the amount of the tax so refunded by him to the
purchaser from any other Service Use Tax, Service Occupation Tax,
retailers' occupation tax or use tax which such serviceman may be
required to pay or remit to the Department, as shown by such return,
provided that the amount of the tax to be deducted shall previously
have been remitted to the Department by such serviceman. If the
serviceman shall not previously have remitted the amount of such tax
to the Department, he shall be entitled to no deduction hereunder
upon refunding such tax to the purchaser.
Any serviceman filing a return hereunder shall also include the
total tax upon the selling price of tangible personal property
purchased for use by him as an incident to a sale of service, and
such serviceman shall remit the amount of such tax to the Department
when filing such return.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint return
which will enable servicemen, who are required to file returns
hereunder and also under the Service Occupation Tax Act, to furnish
all the return information required by both Acts on the one form.
Where the serviceman has more than one business registered with
the Department under separate registration hereunder, such serviceman
shall not file each return that is due as a single return covering
all such registered businesses, but shall file separate returns for
HOUSE OF REPRESENTATIVES 4353
each such registered business.
Beginning January 1, 1990, each month the Department shall pay
into the State and Local Tax Reform Fund, a special fund in the State
Treasury, the net revenue realized for the preceding month from the
1% tax on sales of food for human consumption which is to be consumed
off the premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines, drugs,
medical appliances and insulin, urine testing materials, syringes and
needles used by diabetics.
Beginning January 1, 1990, each month the Department shall pay
into the State and Local Sales Tax Reform Fund 20% of the net revenue
realized for the preceding month from the 6.25% general rate on
transfers of tangible personal property, other than tangible personal
property which is purchased outside Illinois at retail from a
retailer and which is titled or registered by an agency of this
State's government.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after
July 1, 1989, 3.8% thereof shall be paid into the Build Illinois
Fund; provided, however, that if in any fiscal year the sum of (1)
the aggregate of 2.2% or 3.8%, as the case may be, of the moneys
received by the Department and required to be paid into the Build
Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois Fund
from the State and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as defined in Section 3 of the Retailers'
Occupation Tax Act), an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the sum of
(1) the Tax Act Amount required to be deposited into the Build
Illinois Bond Account in the Build Illinois Fund during such month
and (2) the amount transferred during such month to the Build
Illinois Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an amount
equal to the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department pursuant
to the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in aggregate
payments into the Build Illinois Fund pursuant to this clause (b) for
any fiscal year in excess of the greater of (i) the Tax Act Amount or
(ii) the Annual Specified Amount for such fiscal year; and, further
provided, that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing Bonds
issued and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income, to
fully provide, in accordance with such indenture, for the defeasance
of or the payment of the principal of, premium, if any, and interest
on the Bonds secured by such indenture and on any Bonds expected to
be issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget. If on the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the aggregate of
the moneys deposited in the Build Illinois Bond Account in the Build
4354 JOURNAL OF THE [May 13, 1999]
Illinois Fund in such month shall be less than the amount required to
be transferred in such month from the Build Illinois Bond Account to
the Build Illinois Bond Retirement and Interest Fund pursuant to
Section 13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received by
the Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois Fund
in any fiscal year pursuant to this sentence shall be deemed to
constitute payments pursuant to clause (b) of the preceding sentence
and shall reduce the amount otherwise payable for such fiscal year
pursuant to clause (b) of the preceding sentence. The moneys
received by the Department pursuant to this Act and required to be
deposited into the Build Illinois Fund are subject to the pledge,
claim and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund as
provided in the preceding paragraph or in any amendment thereto
hereafter enacted, the following specified monthly installment of the
amount requested in the certificate of the Chairman of the
Metropolitan Pier and Exposition Authority provided under Section
8.25f of the State Finance Act, but not in excess of the sums
designated as "Total Deposit", shall be deposited in the aggregate
from collections under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act into the McCormick
Place Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 and 108,000,000 106,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal year
thereafter, one-eighth of the amount requested in the certificate of
the Chairman of the Metropolitan Pier and Exposition Authority for
that fiscal year, less the amount deposited into the McCormick Place
Expansion Project Fund by the State Treasurer in the respective month
under subsection (g) of Section 13 of the Metropolitan Pier and
HOUSE OF REPRESENTATIVES 4355
Exposition Authority Act, plus cumulative deficiencies in the
deposits required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project Fund,
until the full amount requested for the fiscal year, but not in
excess of the amount specified above as "Total Deposit", has been
deposited.
Subject to payment of amounts into the Build Illinois Fund and
the McCormick Place Expansion Project Fund pursuant to the preceding
paragraphs or in any amendment thereto hereafter enacted, each month
the Department shall pay into the Local Government Distributive Fund
0.4% of the net revenue realized for the preceding month from the 5%
general rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may be, on
the selling price of tangible personal property which amount shall,
subject to appropriation, be distributed as provided in Section 2 of
the State Revenue Sharing Act. No payments or distributions pursuant
to this paragraph shall be made if the tax imposed by this Act on
photo processing products is declared unconstitutional, or if the
proceeds from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois Fund, the
McCormick Place Expansion Project Fund, and the Local Government
Distributive Fund pursuant to the preceding paragraphs or in any
amendments thereto hereafter enacted, beginning July 1, 1993, the
Department shall each month pay into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized for the preceding month from
the 6.25% general rate on the selling price of tangible personal
property.
All remaining moneys received by the Department pursuant to this
Act shall be paid into the General Revenue Fund of the State
Treasury.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller shall
order transferred and the Treasurer shall transfer from the General
Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of
80% of the net revenue realized under this Act for the second
preceding month; except that this transfer shall not be made for the
months February through June, 1992.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during
that month as refunds to taxpayers for overpayment of liability.
(Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.)
Section 20. The Service Occupation Tax Act is amended by
changing Section 9 as follows:
(35 ILCS 115/9) (from Ch. 120, par. 439.109)
Sec. 9. Each serviceman required or authorized to collect the
tax herein imposed shall pay to the Department the amount of such tax
at the time when he is required to file his return for the period
during which such tax was collectible, less a discount of 2.1% prior
to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per
calendar year, whichever is greater, which is allowed to reimburse
the serviceman for expenses incurred in collecting the tax, keeping
records, preparing and filing returns, remitting the tax and
supplying data to the Department on request.
Where such tangible personal property is sold under a conditional
sales contract, or under any other form of sale wherein the payment
of the principal sum, or a part thereof, is extended beyond the close
of the period for which the return is filed, the serviceman, in
collecting the tax may collect, for each tax return period, only the
tax applicable to the part of the selling price actually received
during such tax return period.
4356 JOURNAL OF THE [May 13, 1999]
Except as provided hereinafter in this Section, on or before the
twentieth day of each calendar month, such serviceman shall file a
return for the preceding calendar month in accordance with reasonable
rules and regulations to be promulgated by the Department of Revenue.
Such return shall be filed on a form prescribed by the Department and
shall contain such information as the Department may reasonably
require.
The Department may require returns to be filed on a quarterly
basis. If so required, a return for each calendar quarter shall be
filed on or before the twentieth day of the calendar month following
the end of such calendar quarter. The taxpayer shall also file a
return with the Department for each of the first two months of each
calendar quarter, on or before the twentieth day of the following
calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in business as a serviceman in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month, including receipts from
charge and time sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due;
5-5. The signature of the taxpayer; and
6. Such other reasonable information as the Department may
require.
If a taxpayer fails to sign a return within 30 days after the
proper notice and demand for signature by the Department, the return
shall be considered valid and any amount shown to be due on the
return shall be deemed assessed.
A serviceman may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Service Use Tax as
provided in Section 3-70 of the Service Use Tax Act if the purchaser
provides the appropriate documentation as required by Section 3-70 of
the Service Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a serviceman as provided in Section 3-70
of the Service Use Tax Act, may be used by that serviceman to satisfy
Service Occupation Tax liability in the amount claimed in the
certification, not to exceed 6.25% of the receipts subject to tax
from a qualifying purchase.
If the serviceman's average monthly tax liability to the
Department does not exceed $200, the Department may authorize his
returns to be filed on a quarter annual basis, with the return for
January, February and March of a given year being due by April 20 of
such year; with the return for April, May and June of a given year
being due by July 20 of such year; with the return for July, August
and September of a given year being due by October 20 of such year,
and with the return for October, November and December of a given
year being due by January 20 of the following year.
If the serviceman's average monthly tax liability to the
Department does not exceed $50, the Department may authorize his
returns to be filed on an annual basis, with the return for a given
year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the
time within which a serviceman may file his return, in the case of
any serviceman who ceases to engage in a kind of business which makes
him responsible for filing returns under this Act, such serviceman
shall file a final return under this Act with the Department not more
than 1 month after discontinuing such business.
Beginning October 1, 1993, a taxpayer who has an average monthly
HOUSE OF REPRESENTATIVES 4357
tax liability of $150,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. Beginning
October 1, 1994, a taxpayer who has an average monthly tax liability
of $100,000 or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1, 1995,
a taxpayer who has an average monthly tax liability of $50,000 or
more shall make all payments required by rules of the Department by
electronic funds transfer. The term "average monthly tax liability"
means the sum of the taxpayer's liabilities under this Act, and under
all other State and local occupation and use tax laws administered by
the Department, for the immediately preceding calendar year divided
by 12.
Before August 1 of each year beginning in 1993, the Department
shall notify all taxpayers required to make payments by electronic
funds transfer. All taxpayers required to make payments by
electronic funds transfer shall make those payments for a minimum of
one year beginning on October 1.
Any taxpayer not required to make payments by electronic funds
transfer may make payments by electronic funds transfer with the
permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the manner
authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Where a serviceman collects the tax with respect to the selling
price of tangible personal property which he sells and the purchaser
thereafter returns such tangible personal property and the serviceman
refunds the selling price thereof to the purchaser, such serviceman
shall also refund, to the purchaser, the tax so collected from the
purchaser. When filing his return for the period in which he refunds
such tax to the purchaser, the serviceman may deduct the amount of
the tax so refunded by him to the purchaser from any other Service
Occupation Tax, Service Use Tax, Retailers' Occupation Tax or Use Tax
which such serviceman may be required to pay or remit to the
Department, as shown by such return, provided that the amount of the
tax to be deducted shall previously have been remitted to the
Department by such serviceman. If the serviceman shall not
previously have remitted the amount of such tax to the Department, he
shall be entitled to no deduction hereunder upon refunding such tax
to the purchaser.
If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint return
which will enable servicemen, who are required to file returns
hereunder and also under the Retailers' Occupation Tax Act, the Use
Tax Act or the Service Use Tax Act, to furnish all the return
information required by all said Acts on the one form.
Where the serviceman has more than one business registered with
the Department under separate registrations hereunder, such
serviceman shall file separate returns for each registered business.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund the revenue realized for the
preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall pay
4358 JOURNAL OF THE [May 13, 1999]
into the County and Mass Transit District Fund 4% of the revenue
realized for the preceding month from the 6.25% general rate.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund 16% of the revenue realized for
the preceding month from the 6.25% general rate on transfers of
tangible personal property.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after
July 1, 1989, 3.8% thereof shall be paid into the Build Illinois
Fund; provided, however, that if in any fiscal year the sum of (1)
the aggregate of 2.2% or 3.8%, as the case may be, of the moneys
received by the Department and required to be paid into the Build
Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax
Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts being
hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois Fund
from the State and Local Sales Tax Reform Fund shall be less than the
Annual Specified Amount (as defined in Section 3 of the Retailers'
Occupation Tax Act), an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; and further
provided, that if on the last business day of any month the sum of
(1) the Tax Act Amount required to be deposited into the Build
Illinois Account in the Build Illinois Fund during such month and (2)
the amount transferred during such month to the Build Illinois Fund
from the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois Fund
from other moneys received by the Department pursuant to the Tax
Acts; and, further provided, that in no event shall the payments
required under the preceding proviso result in aggregate payments
into the Build Illinois Fund pursuant to this clause (b) for any
fiscal year in excess of the greater of (i) the Tax Act Amount or
(ii) the Annual Specified Amount for such fiscal year; and, further
provided, that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing Bonds
issued and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income, to
fully provide, in accordance with such indenture, for the defeasance
of or the payment of the principal of, premium, if any, and interest
on the Bonds secured by such indenture and on any Bonds expected to
be issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget. If on the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the aggregate of
the moneys deposited in the Build Illinois Bond Account in the Build
Illinois Fund in such month shall be less than the amount required to
be transferred in such month from the Build Illinois Bond Account to
the Build Illinois Bond Retirement and Interest Fund pursuant to
Section 13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received by
the Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois Fund
in any fiscal year pursuant to this sentence shall be deemed to
constitute payments pursuant to clause (b) of the preceding sentence
and shall reduce the amount otherwise payable for such fiscal year
pursuant to clause (b) of the preceding sentence. The moneys
HOUSE OF REPRESENTATIVES 4359
received by the Department pursuant to this Act and required to be
deposited into the Build Illinois Fund are subject to the pledge,
claim and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund as
provided in the preceding paragraph or in any amendment thereto
hereafter enacted, the following specified monthly installment of the
amount requested in the certificate of the Chairman of the
Metropolitan Pier and Exposition Authority provided under Section
8.25f of the State Finance Act, but not in excess of the sums
designated as "Total Deposit", shall be deposited in the aggregate
from collections under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act into the McCormick
Place Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 and 108,000,000 106,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal year
thereafter, one-eighth of the amount requested in the certificate of
the Chairman of the Metropolitan Pier and Exposition Authority for
that fiscal year, less the amount deposited into the McCormick Place
Expansion Project Fund by the State Treasurer in the respective month
under subsection (g) of Section 13 of the Metropolitan Pier and
Exposition Authority Act, plus cumulative deficiencies in the
deposits required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project Fund,
until the full amount requested for the fiscal year, but not in
excess of the amount specified above as "Total Deposit", has been
deposited.
Subject to payment of amounts into the Build Illinois Fund and
the McCormick Place Expansion Project Fund pursuant to the preceding
paragraphs or in any amendment thereto hereafter enacted, each month
the Department shall pay into the Local Government Distributive Fund
0.4% of the net revenue realized for the preceding month from the 5%
4360 JOURNAL OF THE [May 13, 1999]
general rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may be, on
the selling price of tangible personal property which amount shall,
subject to appropriation, be distributed as provided in Section 2 of
the State Revenue Sharing Act. No payments or distributions pursuant
to this paragraph shall be made if the tax imposed by this Act on
photoprocessing products is declared unconstitutional, or if the
proceeds from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois Fund, the
McCormick Place Expansion Project Fund, and the Local Government
Distributive Fund pursuant to the preceding paragraphs or in any
amendments thereto hereafter enacted, beginning July 1, 1993, the
Department shall each month pay into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized for the preceding month from
the 6.25% general rate on the selling price of tangible personal
property.
Remaining moneys received by the Department pursuant to this Act
shall be paid into the General Revenue Fund of the State Treasury.
The Department may, upon separate written notice to a taxpayer,
require the taxpayer to prepare and file with the Department on a
form prescribed by the Department within not less than 60 days after
receipt of the notice an annual information return for the tax year
specified in the notice. Such annual return to the Department shall
include a statement of gross receipts as shown by the taxpayer's last
Federal income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the gross
receipts reported to the Department of Revenue for the same period,
the taxpayer shall attach to his annual return a schedule showing a
reconciliation of the 2 amounts and the reasons for the difference.
The taxpayer's annual return to the Department shall also disclose
the cost of goods sold by the taxpayer during the year covered by
such return, opening and closing inventories of such goods for such
year, cost of goods used from stock or taken from stock and given
away by the taxpayer during such year, pay roll information of the
taxpayer's business during such year and any additional reasonable
information which the Department deems would be helpful in
determining the accuracy of the monthly, quarterly or annual returns
filed by such taxpayer as hereinbefore provided for in this Section.
If the annual information return required by this Section is not
filed when and as required, the taxpayer shall be liable as follows:
(i) Until January 1, 1994, the taxpayer shall be liable for
a penalty equal to 1/6 of 1% of the tax due from such taxpayer
under this Act during the period to be covered by the annual
return for each month or fraction of a month until such return is
filed as required, the penalty to be assessed and collected in
the same manner as any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall be
liable for a penalty as described in Section 3-4 of the Uniform
Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest ranking
manager shall sign the annual return to certify the accuracy of the
information contained therein. Any person who willfully signs the
annual return containing false or inaccurate information shall be
guilty of perjury and punished accordingly. The annual return form
prescribed by the Department shall include a warning that the person
signing the return may be liable for perjury.
The foregoing portion of this Section concerning the filing of an
annual information return shall not apply to a serviceman who is not
required to file an income tax return with the United States
Government.
HOUSE OF REPRESENTATIVES 4361
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller shall
order transferred and the Treasurer shall transfer from the General
Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of
80% of the net revenue realized under this Act for the second
preceding month; except that this transfer shall not be made for the
months February through June, 1992.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during
that month as refunds to taxpayers for overpayment of liability.
For greater simplicity of administration, it shall be permissible
for manufacturers, importers and wholesalers whose products are sold
by numerous servicemen in Illinois, and who wish to do so, to assume
the responsibility for accounting and paying to the Department all
tax accruing under this Act with respect to such sales, if the
servicemen who are affected do not make written objection to the
Department to this arrangement.
(Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff.
1-1-96; 89-626, eff. 8-9-96; 90-612, eff. 7-8-98.)
Section 25. The Retailers' Occupation Tax Act is amended by
changing Section 3 as follows:
(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before the
twentieth day of each calendar month, every person engaged in the
business of selling tangible personal property at retail in this
State during the preceding calendar month shall file a return with
the Department, stating:
1. The name of the seller;
2. His residence address and the address of his principal
place of business and the address of the principal place of
business (if that is a different address) from which he engages
in the business of selling tangible personal property at retail
in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be, from
sales of tangible personal property, and from services furnished,
by him during such preceding calendar month or quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of tangible
personal property, and from services furnished, by him prior to
the month or quarter for which the return is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during the
preceding calendar month or quarter and upon the basis of which
the tax is imposed;
7. The amount of credit provided in Section 2d of this Act;
8. The amount of tax due;
9. The signature of the taxpayer; and
10. Such other reasonable information as the Department may
require.
If a taxpayer fails to sign a return within 30 days after the
proper notice and demand for signature by the Department, the return
shall be considered valid and any amount shown to be due on the
return shall be deemed assessed.
Each return shall be accompanied by the statement of prepaid tax
issued pursuant to Section 2e for which credit is claimed.
A retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as provided
in Section 3-85 of the Use Tax Act if the purchaser provides the
appropriate documentation as required by Section 3-85 of the Use Tax
Act. A Manufacturer's Purchase Credit certification, accepted by a
4362 JOURNAL OF THE [May 13, 1999]
retailer as provided in Section 3-85 of the Use Tax Act, may be used
by that retailer to satisfy Retailers' Occupation Tax liability in
the amount claimed in the certification, not to exceed 6.25% of the
receipts subject to tax from a qualifying purchase.
The Department may require returns to be filed on a quarterly
basis. If so required, a return for each calendar quarter shall be
filed on or before the twentieth day of the calendar month following
the end of such calendar quarter. The taxpayer shall also file a
return with the Department for each of the first two months of each
calendar quarter, on or before the twentieth day of the following
calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible personal
property at retail in this State;
3. The total amount of taxable receipts received by him
during the preceding calendar month from sales of tangible
personal property by him during such preceding calendar month,
including receipts from charge and time sales, but less all
deductions allowed by law;
4. The amount of credit provided in Section 2d of this Act;
5. The amount of tax due; and
6. Such other reasonable information as the Department may
require.
If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less than 50
cents and shall be increased to $1 if it is 50 cents or more.
Beginning October 1, 1993, a taxpayer who has an average monthly
tax liability of $150,000 or more shall make all payments required by
rules of the Department by electronic funds transfer. Beginning
October 1, 1994, a taxpayer who has an average monthly tax liability
of $100,000 or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1, 1995,
a taxpayer who has an average monthly tax liability of $50,000 or
more shall make all payments required by rules of the Department by
electronic funds transfer. The term "average monthly tax liability"
shall be the sum of the taxpayer's liabilities under this Act, and
under all other State and local occupation and use tax laws
administered by the Department, for the immediately preceding
calendar year divided by 12.
Before August 1 of each year beginning in 1993, the Department
shall notify all taxpayers required to make payments by electronic
funds transfer. All taxpayers required to make payments by
electronic funds transfer shall make those payments for a minimum of
one year beginning on October 1.
Any taxpayer not required to make payments by electronic funds
transfer may make payments by electronic funds transfer with the
permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make payments by
electronic funds transfer shall make those payments in the manner
authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount is not
a whole-dollar amount, be increased to the nearest whole-dollar
amount in any case where the fractional part of a dollar is 50 cents
or more, and decreased to the nearest whole-dollar amount where the
fractional part of a dollar is less than 50 cents.
HOUSE OF REPRESENTATIVES 4363
If the retailer is otherwise required to file a monthly return
and if the retailer's average monthly tax liability to the Department
does not exceed $200, the Department may authorize his returns to be
filed on a quarter annual basis, with the return for January,
February and March of a given year being due by April 20 of such
year; with the return for April, May and June of a given year being
due by July 20 of such year; with the return for July, August and
September of a given year being due by October 20 of such year, and
with the return for October, November and December of a given year
being due by January 20 of the following year.
If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax liability
with the Department does not exceed $50, the Department may authorize
his returns to be filed on an annual basis, with the return for a
given year being due by January 20 of the following year.
Such quarter annual and annual returns, as to form and substance,
shall be subject to the same requirements as monthly returns.
Notwithstanding any other provision in this Act concerning the
time within which a retailer may file his return, in the case of any
retailer who ceases to engage in a kind of business which makes him
responsible for filing returns under this Act, such retailer shall
file a final return under this Act with the Department not more than
one month after discontinuing such business.
Where the same person has more than one business registered with
the Department under separate registrations under this Act, such
person may not file each return that is due as a single return
covering all such registered businesses, but shall file separate
returns for each such registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with an
agency of this State, every retailer selling this kind of tangible
personal property shall file, with the Department, upon a form to be
prescribed and supplied by the Department, a separate return for each
such item of tangible personal property which the retailer sells,
except that where, in the same transaction, a retailer of aircraft,
watercraft, motor vehicles or trailers transfers more than one
aircraft, watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale, that seller for resale may report the transfer of
all aircraft, watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform invoice-transaction
reporting return form. For purposes of this Section, "watercraft"
means a Class 2, Class 3, or Class 4 watercraft as defined in Section
3-2 of the Boat Registration and Safety Act, a personal watercraft,
or any boat equipped with an inboard motor.
Any retailer who sells only motor vehicles, watercraft, aircraft,
or trailers that are required to be registered with an agency of this
State, so that all retailers' occupation tax liability is required to
be reported, and is reported, on such transaction reporting returns
and who is not otherwise required to file monthly or quarterly
returns, need not file monthly or quarterly returns. However, those
retailers shall be required to file returns on an annual basis.
The transaction reporting return, in the case of motor vehicles
or trailers that are required to be registered with an agency of this
State, shall be the same document as the Uniform Invoice referred to
in Section 5-402 of The Illinois Vehicle Code and must show the name
and address of the seller; the name and address of the purchaser; the
amount of the selling price including the amount allowed by the
retailer for traded-in property, if any; the amount allowed by the
retailer for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for the
4364 JOURNAL OF THE [May 13, 1999]
value of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of tax
due from the retailer with respect to such transaction; the amount of
tax collected from the purchaser by the retailer on such transaction
(or satisfactory evidence that such tax is not due in that particular
instance, if that is claimed to be the fact); the place and date of
the sale; a sufficient identification of the property sold; such
other information as is required in Section 5-402 of The Illinois
Vehicle Code, and such other information as the Department may
reasonably require.
The transaction reporting return in the case of watercraft or
aircraft must show the name and address of the seller; the name and
address of the purchaser; the amount of the selling price including
the amount allowed by the retailer for traded-in property, if any;
the amount allowed by the retailer for the traded-in tangible
personal property, if any, to the extent to which Section 1 of this
Act allows an exemption for the value of traded-in property; the
balance payable after deducting such trade-in allowance from the
total selling price; the amount of tax due from the retailer with
respect to such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance, if
that is claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
Such transaction reporting return shall be filed not later than
20 days after the day of delivery of the item that is being sold, but
may be filed by the retailer at any time sooner than that if he
chooses to do so. The transaction reporting return and tax
remittance or proof of exemption from the Illinois use tax may be
transmitted to the Department by way of the State agency with which,
or State officer with whom the tangible personal property must be
titled or registered (if titling or registration is required) if the
Department and such agency or State officer determine that this
procedure will expedite the processing of applications for title or
registration.
With each such transaction reporting return, the retailer shall
remit the proper amount of tax due (or shall submit satisfactory
evidence that the sale is not taxable if that is the case), to the
Department or its agents, whereupon the Department shall issue, in
the purchaser's name, a use tax receipt (or a certificate of
exemption if the Department is satisfied that the particular sale is
tax exempt) which such purchaser may submit to the agency with which,
or State officer with whom, he must title or register the tangible
personal property that is involved (if titling or registration is
required) in support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
No retailer's failure or refusal to remit tax under this Act
precludes a user, who has paid the proper tax to the retailer, from
obtaining his certificate of title or other evidence of title or
registration (if titling or registration is required) upon satisfying
the Department that such user has paid the proper tax (if tax is due)
to the retailer. The Department shall adopt appropriate rules to
carry out the mandate of this paragraph.
If the user who would otherwise pay tax to the retailer wants the
transaction reporting return filed and the payment of the tax or
proof of exemption made to the Department before the retailer is
willing to take these actions and such user has not paid the tax to
the retailer, such user may certify to the fact of such delay by the
retailer and may (upon the Department being satisfied of the truth of
HOUSE OF REPRESENTATIVES 4365
such certification) transmit the information required by the
transaction reporting return and the remittance for tax or proof of
exemption directly to the Department and obtain his tax receipt or
exemption determination, in which event the transaction reporting
return and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account with the
Department, but without the 2.1% or 1.75% discount provided for in
this Section being allowed. When the user pays the tax directly to
the Department, he shall pay the tax in the same amount and in the
same form in which it would be remitted if the tax had been remitted
to the Department by the retailer.
Refunds made by the seller during the preceding return period to
purchasers, on account of tangible personal property returned to the
seller, shall be allowed as a deduction under subdivision 5 of his
monthly or quarterly return, as the case may be, in case the seller
had theretofore included the receipts from the sale of such tangible
personal property in a return filed by him and had paid the tax
imposed by this Act with respect to such receipts.
Where the seller is a corporation, the return filed on behalf of
such corporation shall be signed by the president, vice-president,
secretary or treasurer or by the properly accredited agent of such
corporation.
Where the seller is a limited liability company, the return filed
on behalf of the limited liability company shall be signed by a
manager, member, or properly accredited agent of the limited
liability company.
Except as provided in this Section, the retailer filing the
return under this Section shall, at the time of filing such return,
pay to the Department the amount of tax imposed by this Act less a
discount of 2.1% prior to January 1, 1990 and 1.75% on and after
January 1, 1990, or $5 per calendar year, whichever is greater, which
is allowed to reimburse the retailer for the expenses incurred in
keeping records, preparing and filing returns, remitting the tax and
supplying data to the Department on request. Any prepayment made
pursuant to Section 2d of this Act shall be included in the amount on
which such 2.1% or 1.75% discount is computed. In the case of
retailers who report and pay the tax on a transaction by transaction
basis, as provided in this Section, such discount shall be taken with
each such tax remittance instead of when such retailer files his
periodic return.
If the taxpayer's average monthly tax liability to the Department
under this Act, the Use Tax Act, the Service Occupation Tax Act, and
the Service Use Tax Act, excluding any liability for prepaid sales
tax to be remitted in accordance with Section 2d of this Act, was
$10,000 or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th day of
the month next following the month during which such tax liability is
incurred and shall make payments to the Department on or before the
7th, 15th, 22nd and last day of the month during which such liability
is incurred. If the month during which such tax liability is
incurred began prior to January 1, 1985, each payment shall be in an
amount equal to 1/4 of the taxpayer's actual liability for the month
or an amount set by the Department not to exceed 1/4 of the average
monthly liability of the taxpayer to the Department for the preceding
4 complete calendar quarters (excluding the month of highest
liability and the month of lowest liability in such 4 quarter
period). If the month during which such tax liability is incurred
begins on or after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 27.5% of the taxpayer's liability for the
same calendar month of the preceding year. If the month during which
4366 JOURNAL OF THE [May 13, 1999]
such tax liability is incurred begins on or after January 1, 1987 and
prior to January 1, 1988, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or 26.25% of
the taxpayer's liability for the same calendar month of the preceding
year. If the month during which such tax liability is incurred
begins on or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same calendar month
of the preceding year. If the month during which such tax liability
is incurred begins on or after January 1, 1989, and prior to January
1, 1996, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 25% of the taxpayer's
liability for the same calendar month of the preceding year or 100%
of the taxpayer's actual liability for the quarter monthly reporting
period. The amount of such quarter monthly payments shall be
credited against the final tax liability of the taxpayer's return for
that month. Once applicable, the requirement of the making of
quarter monthly payments to the Department by taxpayers having an
average monthly tax liability of $10,000 or more as determined in the
manner provided above shall continue until such taxpayer's average
monthly liability to the Department during the preceding 4 complete
calendar quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as computed
for each calendar quarter of the 4 preceding complete calendar
quarter period is less than $10,000. However, if a taxpayer can show
the Department that a substantial change in the taxpayer's business
has occurred which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future will fall
below $10,000, then such taxpayer may petition the Department for a
change in such taxpayer's reporting status. The Department shall
change such taxpayer's reporting status unless it finds that such
change is seasonal in nature and not likely to be long term. If any
such quarter monthly payment is not paid at the time or in the amount
required by this Section, then the taxpayer shall be liable for
penalties and interest on the difference between the minimum amount
due as a payment and the amount of such quarter monthly payment
actually and timely paid, except insofar as the taxpayer has
previously made payments for that month to the Department in excess
of the minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to govern
the quarter monthly payment amount and quarter monthly payment dates
for taxpayers who file on other than a calendar monthly basis.
Without regard to whether a taxpayer is required to make quarter
monthly payments as specified above, any taxpayer who is required by
Section 2d of this Act to collect and remit prepaid taxes and has
collected prepaid taxes which average in excess of $25,000 per month
during the preceding 2 complete calendar quarters, shall file a
return with the Department as required by Section 2f and shall make
payments to the Department on or before the 7th, 15th, 22nd and last
day of the month during which such liability is incurred. If the
month during which such tax liability is incurred began prior to the
effective date of this amendatory Act of 1985, each payment shall be
in an amount not less than 22.5% of the taxpayer's actual liability
under Section 2d. If the month during which such tax liability is
incurred begins on or after January 1, 1986, each payment shall be in
an amount equal to 22.5% of the taxpayer's actual liability for the
month or 27.5% of the taxpayer's liability for the same calendar
month of the preceding calendar year. If the month during which such
tax liability is incurred begins on or after January 1, 1987, each
HOUSE OF REPRESENTATIVES 4367
payment shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 26.25% of the taxpayer's liability for the
same calendar month of the preceding year. The amount of such
quarter monthly payments shall be credited against the final tax
liability of the taxpayer's return for that month filed under this
Section or Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until such
taxpayer's average monthly prepaid tax collections during the
preceding 2 complete calendar quarters is $25,000 or less. If any
such quarter monthly payment is not paid at the time or in the amount
required, the taxpayer shall be liable for penalties and interest on
such difference, except insofar as the taxpayer has previously made
payments for that month in excess of the minimum payments previously
due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the Service
Occupation Tax Act and the Service Use Tax Act, as shown on an
original monthly return, the Department shall, if requested by the
taxpayer, issue to the taxpayer a credit memorandum no later than 30
days after the date of payment. The credit evidenced by such credit
memorandum may be assigned by the taxpayer to a similar taxpayer
under this Act, the Use Tax Act, the Service Occupation Tax Act or
the Service Use Tax Act, in accordance with reasonable rules and
regulations to be prescribed by the Department. If no such request
is made, the taxpayer may credit such excess payment against tax
liability subsequently to be remitted to the Department under this
Act, the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and regulations
prescribed by the Department. If the Department subsequently
determined that all or any part of the credit taken was not actually
due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount
shall be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and that taxpayer shall be liable
for penalties and interest on such difference.
If a retailer of motor fuel is entitled to a credit under Section
2d of this Act which exceeds the taxpayer's liability to the
Department under this Act for the month which the taxpayer is filing
a return, the Department shall issue the taxpayer a credit memorandum
for the excess.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund, a special fund in the State
treasury which is hereby created, the net revenue realized for the
preceding month from the 1% tax on sales of food for human
consumption which is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks and food which has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and insulin,
urine testing materials, syringes and needles used by diabetics.
Beginning January 1, 1990, each month the Department shall pay
into the County and Mass Transit District Fund, a special fund in the
State treasury which is hereby created, 4% of the net revenue
realized for the preceding month from the 6.25% general rate.
Beginning January 1, 1990, each month the Department shall pay
into the Local Government Tax Fund 16% of the net revenue realized
for the preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after
July 1, 1989, 3.8% thereof shall be paid into the Build Illinois
4368 JOURNAL OF THE [May 13, 1999]
Fund; provided, however, that if in any fiscal year the sum of (1)
the aggregate of 2.2% or 3.8%, as the case may be, of the moneys
received by the Department and required to be paid into the Build
Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, and Section 9 of the Service
Occupation Tax Act, such Acts being hereinafter called the "Tax Acts"
and such aggregate of 2.2% or 3.8%, as the case may be, of moneys
being hereinafter called the "Tax Act Amount", and (2) the amount
transferred to the Build Illinois Fund from the State and Local Sales
Tax Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall be
immediately paid into the Build Illinois Fund from other moneys
received by the Department pursuant to the Tax Acts; the "Annual
Specified Amount" means the amounts specified below for fiscal years
1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as defined
in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount,
whichever is greater, for fiscal year 1994 and each fiscal year
thereafter; and further provided, that if on the last business day of
any month the sum of (1) the Tax Act Amount required to be deposited
into the Build Illinois Bond Account in the Build Illinois Fund
during such month and (2) the amount transferred to the Build
Illinois Fund from the State and Local Sales Tax Reform Fund shall
have been less than 1/12 of the Annual Specified Amount, an amount
equal to the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department pursuant
to the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in aggregate
payments into the Build Illinois Fund pursuant to this clause (b) for
any fiscal year in excess of the greater of (i) the Tax Act Amount or
(ii) the Annual Specified Amount for such fiscal year. The amounts
payable into the Build Illinois Fund under clause (b) of the first
sentence in this paragraph shall be payable only until such time as
the aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois Bond Act
is sufficient, taking into account any future investment income, to
fully provide, in accordance with such indenture, for the defeasance
of or the payment of the principal of, premium, if any, and interest
on the Bonds secured by such indenture and on any Bonds expected to
be issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget. If on the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the aggregate of
moneys deposited in the Build Illinois Bond Account in the Build
Illinois Fund in such month shall be less than the amount required to
be transferred in such month from the Build Illinois Bond Account to
the Build Illinois Bond Retirement and Interest Fund pursuant to
Section 13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received by
the Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois Fund
in any fiscal year pursuant to this sentence shall be deemed to
HOUSE OF REPRESENTATIVES 4369
constitute payments pursuant to clause (b) of the first sentence of
this paragraph and shall reduce the amount otherwise payable for such
fiscal year pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge set
forth in Section 12 of the Build Illinois Bond Act.
Subject to payment of amounts into the Build Illinois Fund as
provided in the preceding paragraph or in any amendment thereto
hereafter enacted, the following specified monthly installment of the
amount requested in the certificate of the Chairman of the
Metropolitan Pier and Exposition Authority provided under Section
8.25f of the State Finance Act, but not in excess of sums designated
as "Total Deposit", shall be deposited in the aggregate from
collections under Section 9 of the Use Tax Act, Section 9 of the
Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
Section 3 of the Retailers' Occupation Tax Act into the McCormick
Place Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 84,000,000
2003 89,000,000
2004 93,000,000
2005 97,000,000
2006 102,000,000
2007 and 108,000,000 106,000,000
2008 115,000,000
2009 120,000,000
2010 126,000,000
2011 132,000,000
2012 138,000,000
2013 and 145,000,000
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority
Act, but not after fiscal year 2029.
Beginning July 20, 1993 and in each month of each fiscal year
thereafter, one-eighth of the amount requested in the certificate of
the Chairman of the Metropolitan Pier and Exposition Authority for
that fiscal year, less the amount deposited into the McCormick Place
Expansion Project Fund by the State Treasurer in the respective month
under subsection (g) of Section 13 of the Metropolitan Pier and
Exposition Authority Act, plus cumulative deficiencies in the
deposits required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project Fund,
until the full amount requested for the fiscal year, but not in
excess of the amount specified above as "Total Deposit", has been
deposited.
Subject to payment of amounts into the Build Illinois Fund and
the McCormick Place Expansion Project Fund pursuant to the preceding
paragraphs or in any amendment thereto hereafter enacted, each month
4370 JOURNAL OF THE [May 13, 1999]
the Department shall pay into the Local Government Distributive Fund
0.4% of the net revenue realized for the preceding month from the 5%
general rate or 0.4% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate, as the case may be, on
the selling price of tangible personal property which amount shall,
subject to appropriation, be distributed as provided in Section 2 of
the State Revenue Sharing Act. No payments or distributions pursuant
to this paragraph shall be made if the tax imposed by this Act on
photoprocessing products is declared unconstitutional, or if the
proceeds from such tax are unavailable for distribution because of
litigation.
Subject to payment of amounts into the Build Illinois Fund, the
McCormick Place Expansion Project to the preceding paragraphs or in
any amendments thereto hereafter enacted, beginning July 1, 1993, the
Department shall each month pay into the Illinois Tax Increment Fund
0.27% of 80% of the net revenue realized for the preceding month from
the 6.25% general rate on the selling price of tangible personal
property.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and used only
for the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with Section 8a
of the State Finance Act.
The Department may, upon separate written notice to a taxpayer,
require the taxpayer to prepare and file with the Department on a
form prescribed by the Department within not less than 60 days after
receipt of the notice an annual information return for the tax year
specified in the notice. Such annual return to the Department shall
include a statement of gross receipts as shown by the retailer's last
Federal income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the gross
receipts reported to the Department of Revenue for the same period,
the retailer shall attach to his annual return a schedule showing a
reconciliation of the 2 amounts and the reasons for the difference.
The retailer's annual return to the Department shall also disclose
the cost of goods sold by the retailer during the year covered by
such return, opening and closing inventories of such goods for such
year, costs of goods used from stock or taken from stock and given
away by the retailer during such year, payroll information of the
retailer's business during such year and any additional reasonable
information which the Department deems would be helpful in
determining the accuracy of the monthly, quarterly or annual returns
filed by such retailer as provided for in this Section.
If the annual information return required by this Section is not
filed when and as required, the taxpayer shall be liable as follows:
(i) Until January 1, 1994, the taxpayer shall be liable for
a penalty equal to 1/6 of 1% of the tax due from such taxpayer
under this Act during the period to be covered by the annual
return for each month or fraction of a month until such return is
filed as required, the penalty to be assessed and collected in
the same manner as any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall be
liable for a penalty as described in Section 3-4 of the Uniform
Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest ranking
manager shall sign the annual return to certify the accuracy of the
information contained therein. Any person who willfully signs the
annual return containing false or inaccurate information shall be
guilty of perjury and punished accordingly. The annual return form
prescribed by the Department shall include a warning that the person
HOUSE OF REPRESENTATIVES 4371
signing the return may be liable for perjury.
The provisions of this Section concerning the filing of an annual
information return do not apply to a retailer who is not required to
file an income tax return with the United States Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller shall
order transferred and the Treasurer shall transfer from the General
Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of
80% of the net revenue realized under this Act for the second
preceding month; except that this transfer shall not be made for the
months February through June, 1992.
Net revenue realized for a month shall be the revenue collected
by the State pursuant to this Act, less the amount paid out during
that month as refunds to taxpayers for overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may assume the
responsibility for accounting and paying to the Department all tax
accruing under this Act with respect to such sales, if the retailers
who are affected do not make written objection to the Department to
this arrangement.
Any person who promotes, organizes, provides retail selling space
for concessionaires or other types of sellers at the Illinois State
Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea
markets and similar exhibitions or events, including any transient
merchant as defined by Section 2 of the Transient Merchant Act of
1987, is required to file a report with the Department providing the
name of the merchant's business, the name of the person or persons
engaged in merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant, the
dates and location of the event and other reasonable information that
the Department may require. The report must be filed not later than
the 20th day of the month next following the month during which the
event with retail sales was held. Any person who fails to file a
report required by this Section commits a business offense and is
subject to a fine not to exceed $250.
Any person engaged in the business of selling tangible personal
property at retail as a concessionaire or other type of seller at the
Illinois State Fair, county fairs, art shows, flea markets and
similar exhibitions or events, or any transient merchants, as defined
by Section 2 of the Transient Merchant Act of 1987, may be required
to make a daily report of the amount of such sales to the Department
and to make a daily payment of the full amount of tax due. The
Department shall impose this requirement when it finds that there is
a significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence that
a substantial number of concessionaires or other sellers who are not
residents of Illinois will be engaging in the business of selling
tangible personal property at retail at the exhibition or event, or
other evidence of a significant risk of loss of revenue to the State.
The Department shall notify concessionaires and other sellers
affected by the imposition of this requirement. In the absence of
notification by the Department, the concessionaires and other sellers
shall file their returns as otherwise required in this Section.
(Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff.
1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 1-1-99; 90-612, eff.
7-8-98.)
Section 30. The Metropolitan Pier and Exposition Authority Act
is amended by changing Sections 2, 5, and 13.2 as follows:
(70 ILCS 210/2) (from Ch. 85, par. 1222)
Sec. 2. When used in this Act:
4372 JOURNAL OF THE [May 13, 1999]
"Authority" means Metropolitan Pier and Exposition Authority.
"Governmental agency" means the Federal government, State
government, and any unit of local government, and any agency or
instrumentality, corporate or otherwise, thereof.
"Person" means any individual, firm, partnership, corporation,
both domestic and foreign, company, association or joint stock
association; and includes any trustee, receiver, assignee or personal
representative thereof.
"Board" means the governing body of the Metropolitan Pier and
Exposition Authority.
"Governor" means the Governor of the State of Illinois.
"Mayor" means the Mayor of the City of Chicago.
"Metropolitan area" means all that territory in the State of
Illinois lying within the corporate boundaries of the County of Cook.
"Navy Pier" means the real property, structures, facilities and
improvements located in the City of Chicago commonly known as Navy
Pier, as well as property adjacent or appurtenant thereto which may
be necessary or convenient for carrying out the purposes of the
Authority at that location.
"Park District President" means the President of the Board of
Commissioners of the Chicago Park District.
"Project" means the expansion of existing fair and exposition
grounds and facilities of the Authority by additions to the present
facilities, by acquisition of the land described below and by the
addition of a structure having a floor area of approximately
1,100,000 square feet, or any part thereof, and such other
improvements to be located on land to be acquired, including but not
limited to all or a portion of Site A, by connecting walkways or
passageways between the present facilities and additional structures,
and by acquisition and improvement of Navy Pier.
"Expansion Project" means the further expansion of the grounds,
buildings, and facilities of the Authority at Site B for its
corporate purposes, including, but not limited to, the acquisition of
land and interests in land, the relocation of persons and businesses
located on land acquired by the Authority, and the construction,
equipping, and operation of new exhibition and convention space,
meeting rooms, support facilities, and facilities providing retail
uses, commercial uses, and goods and services for the persons
attending conventions, meetings, exhibits, and events at the grounds,
buildings, and facilities of the Authority. "Expansion Project" also
includes improvements to land, highways, mass transit facilities, and
infrastructure, whether or not located on land owned by the Authority
on Site B, that in the determination of the Authority are appropriate
on account of the improvement expansion of the Authority's grounds,
buildings, and facilities at Site B. "Expansion Project" also
includes the renovation and improvement of the existing grounds,
buildings, and facilities of the Authority, including other than Navy
Pier.
"State" means the State of Illinois.
"Site A" means the tract of land comprised of a part of the
Illinois Central Railroad Company right-of-way (now known as the
"Illinois Central Gulf Railroad") and a part of the submerged lands
reclaimed by said Railroad as described in the 1919 Lake Front
Ordinance, in the Southeast Fractional Quarter of Section 22, the
Southwest Fractional Quarter of Section 22 and the Northeast
Fractional Quarter of Section 27, Township 39 North, Range 14 East of
the Third Principal Meridian, said tract of land being described as
follows:
PARCEL A - NORTH AIR RIGHTS PARCEL
All of the real property and space, at and above a horizontal
plane at an elevation of 33.51 feet above Chicago City Datum, the
HOUSE OF REPRESENTATIVES 4373
horizontal limits of which are the planes formed by projecting
vertically upward and downward from the surface of the Earth the
boundaries of the following described parcel of land:
Beginning on the westerly line of said Illinois Central Railroad
Company right-of-way at the intersection of the northerly line of
the 23rd Street viaduct, being a line 60 feet (measured
perpendicularly) northerly of and parallel with the centerline of
the existing structure, and running thence northwardly along said
westerly right-of-way line, a distance of 1500.00 feet; thence
eastwardly along a line perpendicular to said westerly
right-of-way line, a distance of 418.419 feet; thence southwardly
along an arc of a circle, convex to the East, with a radius of
915.13 feet, a distance of 207.694 feet to a point which is
364.092 feet (measured perpendicularly) easterly from said
westerly right-of-way line and 1300.00 feet (measured
perpendicularly) northerly of said northerly line of the 23rd
Street viaduct; thence continuing along an arc of a circle,
convex to the East, with a radius of 2008.70 feet, a distance of
154.214 feet to a point which is 301.631 feet (measured
perpendicularly) easterly from said westerly right-of-way line
and 1159.039 feet (measured perpendicularly) northerly of said
northerly line of the 23rd Street viaduct; thence southwardly
along a straight line a distance of 184.018 feet to a point which
is 220.680 feet (measured perpendicularly) easterly from said
westerly right-of-way line and 993.782 feet (measured
perpendicularly) northerly of said northerly line of the 23rd
Street viaduct; thence southwardly along a straight line, a
distance of 66.874 feet to a point which is 220.719 feet
(measured perpendicularly) easterly from said westerly
right-of-way line and 926.908 feet (measured perpendicularly)
northerly from the northerly line of the 23rd Street viaduct;
thence southwardly along a straight line, a distance of 64.946
feet to a point which is 199.589 feet (measured perpendicularly)
easterly from said westerly right-of-way line and 865.496 feet
(measured perpendicularly) northerly from said northerly line of
the 23rd Street viaduct; thence southwardly along a straight
line, a distance of 865.496 feet to a point on said northerly
line of the 23rd Street viaduct; which point is 200.088 feet
easterly from said westerly right-of-way line, and thence
westwardly along the northerly line of said 23rd Street viaduct,
said distance of 200.088 feet to the point of beginning.
There is reserved from the above described parcel of land a
corridor for railroad freight and passenger operations, said
corridor is to be limited in width to a distance of 10 feet
normally distant to the left and to the right of the centerline
of Grantor's Northbound Freight Track, and 10 feet normally
distant to the left and to the right of the centerline of
Grantor's Southbound Freight Track, the uppermost limits, or
roof, of the railroad freight and passenger corridor shall be
established at an elevation of 18 feet above the existing Top of
Rail of the aforesaid Northbound and Southbound freight trackage.
PARCEL B - 23RD ST. AIR RIGHTS PARCEL
All of the real property and space, at and above a horizontal
plane which is common with the bottom of the bottom flange of the
E. 23rd Street viaduct as it spans Grantor's operating commuter,
freight and passenger trackage, the horizontal limits of which
are the planes formed by projecting vertically upward and
downward from the surface of the Earth the boundaries of the
following described parcel of land:
Beginning on the westerly line of said Illinois Central Railroad
Company right-of-way at the intersection of the northerly line of
4374 JOURNAL OF THE [May 13, 1999]
the 23rd Street viaduct, being a line 60 feet (measured
perpendicularly) northerly of and parallel with the centerline of
the existing structure, and running thence eastwardly along said
northerly line of the 23rd Street viaduct, a distance of 200.088
feet; thence southwardly along a straight line, a distance of
120.00 feet to a point on the southerly line of said 23rd Street
viaduct (being the southerly line of the easement granted to the
South Park Commissioners dated September 25, 1922 as document No.
7803194), which point is 199.773 feet easterly of said westerly
right-of-way line; thence westwardly along said southerly line of
the 23rd Street viaduct, said distance of 199.773 feet to the
westerly right-of-way line and thence northwardly along said
westerly right-of-way line, a distance of 120.00 feet to the
point of beginning.
PARCEL C - SOUTH AIR RIGHTS PARCEL
All of the real property and space, at and above a horizontal
plane at an elevation of 34.51 feet above Chicago City Datum, the
horizontal limits of which are the planes formed by projecting
vertically upward and downward from the surface of the Earth the
boundaries of the following described parcel of land:
Beginning on the westerly line of said Illinois Central Railroad
Company right-of-way at the intersection of the southerly line of
the 23rd Street viaduct, being the southerly line of the easement
granted to the South Park Commissioners dated September 25, 1922
as document No. 7803194) and running thence eastwardly along said
South line of the 23rd Street viaduct, a distance of 199.773
feet; thence southerly along a straight line, a distance of
169.071 feet to a point which is 199.328 feet (measured
perpendicularly) easterly from said westerly right-of-way line
thence southerly along a straight line, whose southerly terminus
is a point which is 194.66 feet (measured perpendicularly)
easterly from said westerly right-of-way line and 920.105 feet
(measured a distance of 493.34 feet; thence westwardly along a
straight line, perpendicular to said westerly right-of-way line,
a distance of 196.263 feet to said westerly right-of-way line and
thence northwardly along the westerly right-of-way, a distance of
662.40 feet to the point of beginning.
Parcels A, B and C herein above described containing 525,228
square feet (12.0576 acres) of land, more or less.
AND,
SOUTH FEE PARCEL - SOUTH OF NORTH LINE OF I-55
A tract of land comprised of a part of the Illinois Central
Railroad Company right-of-way (now known as the "Illinois Central
Gulf Railroad") and a part of the submerged lands reclaimed by
said Railroads as described in the 1919 Lake Front Ordinance, in
the Northeast Fractional Quarter and the Southeast Fractional
Quarter of Section 27, Township 39 North, Range 14 East of the
Third Principal Meridian, said tract of land being described as
follows:
Beginning at a point on the North line of the 31st Street
viaduct, being a line 50.00 feet (measured perpendicularly)
northerly of and parallel with the South line of said Southeast
Fractional Quarter of Section 27, which point is 163.518 feet
(measured along the northerly line of said viaduct) easterly of
the westerly line of said Illinois Central Railroad Company, and
running thence northwardly along a straight line, a distance of
1903.228 feet, to a point which is 156.586 feet easterly, and
1850.555 feet northerly of the intersection of said westerly
right-of-way line with the northerly line of said 31st Street
viaduct, as measured along said westerly line and a line
perpendicular thereto; thence northwardly along a straight line,
HOUSE OF REPRESENTATIVES 4375
a distance of 222.296 feet, to a point which is 148.535 feet
easterly, and 2078.705 feet northerly of the intersection of said
westerly right-of-way line with the northerly line of said 31st
Street viaduct, as measured along said westerly line and a line
perpendicular thereto; thence northwardly along a straight line,
a distance of 488.798 feet, to a point which is 126.789 feet
easterly, and 2567.019 feet northerly of the intersection of said
westerly right-of-way line with the northerly line of said 31st
Street viaduct, as measured along said westerly line and a line
perpendicular thereto; thence northwardly along a straight line,
a distance of 458.564 feet, to a point which is 126.266 feet
easterly and 3025.583 feet northerly of the intersection of said
westerly right-of-way line with the northerly line of said 31st
Street viaduct, as measured along said westerly line and a line
perpendicular thereto; thence northwardly along a straight line,
a distance of 362.655 feet, to a point which is 143.70 feet
easterly, and 3387.819 feet northerly of the intersection of said
westerly right-of-way line with the northerly line of said 31st
street viaduct, as measured along said westerly line and a line
perpendicular thereto; thence northwardly along a straight line,
whose northerly terminus is a point which is 194.66 feet
(measured perpendicularly) easterly from said westerly
right-of-way line and 920.105 feet (measured perpendicularly)
South from the southerly line of the 23rd Street viaduct (being
the southerly line of the easement granted to the South Park
Commissioners dated September 25, 1922 as document No. 7803194) a
distance of 335.874 feet to an intersection with a northerly line
of the easement for the overhead structure of the Southwest
Expressway System (as described in Judgement Order No. 67 L 13579
in the Circuit Court of Cook County), said northerly line
extending from a point on said westerly right-of-way line, 142.47
feet (measured perpendicularly) North of the intersection of said
line with the easterly extension of the North line of East 25th
Street (as shown in Walker Bros. Addition to Chicago, a
subdivision in the Northeast Fractional Quarter of Section 27
aforesaid) to a point which is 215.07 feet (measured
perpendicularly) North of said easterly extension of the North
line of E. 25th Street and 396.19 feet (measured perpendicularly)
westerly of the westerly line of Burnham Park (as said westerly
line is described by the City of Chicago by ordinance passed July
21, 1919 and recorded on March 5, 1920 in the Office of the
Recorder of Deeds of Cook County, Illinois as document No.
6753370); thence northeastwardly along the northerly line of the
easement aforesaid, a distance of 36.733 feet to said point which
is 215.07 feet (measured perpendicularly) North of said easterly
extension of the North line of E. 25th Street and 396.19 feet
(measured perpendicularly) westerly of said westerly line of
Burnham Park; thence northeastwardly continuing along said
easement line, being a straight line, a distance of 206.321 feet
to a point which is 352.76 feet (measured perpendicularly) North
of said easterly extension of the North line of E. 25th Street
and 211.49 feet (measured perpendicularly) westerly of said
westerly line of Burnham Park; thence northeastwardly continuing
along said easement line, being a straight line, a distance of
206.308 feet to a point which is 537.36 feet (measured
perpendicularly) North of said easterly extension of the North
line of E. 25th Street and 73.66 feet (measured perpendicularly)
westerly of said westerly line of Burnham Park; thence
northeastwardly continuing along said easement line, being a
straight line, a distance of 219.688 feet to a point on said
westerly line of Burnham Park, which point is 756.46 feet
4376 JOURNAL OF THE [May 13, 1999]
(measured perpendicularly) North of said easterly extension of
the North line of E. 25th Street; thence southwardly along said
westerly line of Burnham Park, being here a straight line whose
southerly terminus is that point which is 308.0 feet (measured
along said line) South of the intersection of said line with the
North line of 29th Street, extended East, a distance of 3185.099
feet to a point which is 89.16 feet North of aforesaid southerly
terminus; thence southwestwardly along an arc of a circle, convex
to the Southeast, tangent to last described line and having a
radius of 635.34 feet, a distance of 177.175 feet to a point on
that westerly line of Burnham Park which extends southerly from
aforesaid point 308.0 feet South of the North line of 29th
Street, extended East, to a point on the North line of East 31st
Street extended East, which is 250.00 feet (measured
perpendicularly) easterly of said westerly right-of-way line;
thence southwardly along said last described westerly line of
Burnham Park, a distance of 857.397 feet to a point which is
86.31 feet (measured along said line) northerly of aforesaid
point on the North line of East 31st Street extended East; thence
southeastwardly along the arc of a circle, convex to the West,
tangent to last described line and having a radius of 573.69
feet, a distance of 69.426 feet to a point on the north line of
the aforementioned 31st Street viaduct, and thence West along
said North line, a distance of 106.584 feet to the point of
beginning, in Cook County, Illinois.
Containing 1,527,996 square feet (35.0780 acres) of land, more or
less.
AND
NORTH FEE PARCEL-NORTH OF NORTH LINE OF I-55
A tract of land comprised of a part of the Illinois Central
Railroad Company right-of-way (now known as the "Illinois Central
Gulf Railroad") and a part of the submerged lands reclaimed by
said Railroad as described in the 1919 Lake Front Ordinance, in
the Northwest Fractional Quarter of Section 22, the Southwest
Fractional Quarter of Section 22, the Southeast Fractional
Quarter of Section 22 and the Northwest Fractional Quarter of
Section 27, Township 39 North, Range 14 East of the Third
Principal Meridian, said tract of land being described as
follows:
PARCEL A-NORTH OF 23RD STREET
Beginning on the easterly line of said Illinois Central Railroad
Company right-of-way (being also the westerly line of Burnham
Park as said westerly line is described in the 1919 Lake Front
Ordinance), at the intersection of the northerly line of the 23rd
Street viaduct, being a line 60.00 feet (measured
perpendicularly) northerly of and parallel with the centerline of
the existing structure, and running thence northwardly along said
easterly right-of-way line, a distance of 2270.472 feet to an
intersection with the North line of E. 18th Street, extended
East, a point 708.495 feet (as measured along said North line of
E. 18th Street, extended East) East from the westerly
right-of-way line of said railroad; thence continuing northwardly
along said easterly right-of-way line, on a straight line which
forms an angle to the left of 00 degrees 51 minutes 27 seconds
with last described course, a distance of 919.963 feet; thence
westwardly along a straight line which forms an angle of 73
degrees 40 minutes 14 seconds from North to West with last
described line, a distance of 86.641 feet; thence southwardly
along the arc of a circle, convex to the East with a radius of
2448.29 feet, a distance of 86.233 feet to a point which is
100.767 feet westerly and 859.910 feet northerly of the
HOUSE OF REPRESENTATIVES 4377
intersection of said easterly right-of-way line with the North
line of E. 18th Street, extended East, as measured along said
easterly line and a line perpendicular thereto; thence
southwardly along a straight line, tangent to last described arc
of a circle, a distance of 436.277 feet to a point which is
197.423 feet westerly and 434.475 feet northerly of the
intersection of said easterly right-of-way line with the North
line of E. 18th Street, extended East, as measured along said
easterly line and a line perpendicular thereto; thence
southeastwardly along the arc of a circle, convex to the West,
tangent to last described straight line and having a radius of
1343.75 feet, a distance of 278.822 feet to a point which is
230.646 feet westerly and 158.143 feet northerly of the
intersection of said easterly right-of-way line with the North
line of E. 18th Street, extended East, as measured along said
easterly line and a line perpendicular thereto; thence
southwardly along a straight line, tangent to last described arc
of a circle, a distance of 722.975 feet to a point which is
434.030 feet (measured perpendicularly) easterly from the
westerly line of said Illinois Central Railroad right-of-way and
1700.466 feet (measured perpendicular) northerly of the
aforementioned northerly line of the 23rd Street viaduct; thence
southwardly along the arc of a circle, convex to the East,
tangent to last described straight line, with a radius of 2008.70
feet, a distance of 160.333 feet to a point which is 424.314 feet
(reassured perpendicularly) easterly from said westerly
right-of-way line and 1546.469 feet (measured perpendicularly)
northerly of said North line of the 23rd Street viaduct; thence
southwardly along an arc of a circle, convex to the East with a
radius of 915.13 feet, a distance of 254.54 feet to a point which
is 364.092 feet (measured perpendicularly) easterly from said
westerly right-of-way line and 1300.00 feet (measured
perpendicularly) northerly of said northerly line of the 23rd
Street viaduct; thence continuing along an arc of a circle,
convex to the East, with a radius of 2008.70 feet, a distance of
154.214 feet to a point which is 301.631 feet (measured
perpendicularly) easterly from said westerly right-of-way line
and 1159.039 feet (measured perpendicularly) northerly of said
northerly line of the 23rd Street viaduct; thence southwardly
along a straight line, a distance of 184.018 feet to a point
which is 220.680 feet (measured perpendicularly) easterly from
said westerly right-of-way line and 993.782 feet (measured
perpendicularly) northerly from said northerly line of the 23rd
Street viaduct; thence southwardly along a straight line, a
distance of 66.874 feet to a point which is 220.719 feet
(measured perpendicularly) easterly from said westerly
right-of-way line and 926.908 feet (measured perpendicularly)
northerly from the northerly line of the 23rd Street viaduct;
thence southwardly along a straight line, a distance of 64.946
feet to a point which is 199.589 feet (measured perpendicularly)
easterly from said westerly right-of-way line and 865.496 feet
(measured perpendicularly) northerly from said northerly line of
the 23rd Street viaduct; thence southwardly along a straight
line, a distance of 865.496 feet to a point on said northerly
line of the 23rd Street viaduct, which is 200.088 feet easterly
from said westerly right-of-way line; and thence eastwardly along
the northerly line of said 23rd Street viaduct, a distance of
433.847 feet to the point of beginning.
PARCEL B - WEST 23RD STREET
Beginning on the easterly line of said Illinois Central Railroad
Company right-of-way (being also the westerly line of Burnham
4378 JOURNAL OF THE [May 13, 1999]
Park, as said westerly line is described in the 1919 Lake Front
Ordinance), at the intersection of the northerly line of the 23rd
Street viaduct, being a line 60.00 feet (measured
perpendicularly) northerly of and parallel with the centerline of
the existing structure; and running thence westwardly along the
northerly line of said 23rd Street viaduct, a distance of 433.847
feet, to a point 200.088 feet easterly from the westerly line of
said Illinois Central Railroad right-of-way; thence southwardly
along a straight line, a distance of 120.00 feet to a point on
the southerly line of said 23rd Street viaduct (being the
southerly line of the easement granted to the South Park
Commissioners dated September 25, 1922 as document No. 7803194),
which point is 199.773 feet easterly of said westerly
right-of-way line; thence eastwardly along said southerly line of
the 23rd Street viaduct, a distance of 431.789 feet to said
easterly right-of-way line; and thence northwardly along said
easterly right-of-way line a distance of 120.024 feet to the
point of beginning, excepting therefrom that part of the land,
property and space conveyed to Amalgamated Trust and Savings Bank
by deed recorded September 21, 1970 as document No. 21270060, in
Cook County, Illinois.
PARCEL C - SOUTH OF 23RD STREET AND NORTH OF NORTH LINE OF I-55
Beginning on the easterly line of said Illinois Central Railroad
Company right-of-way at the intersection of the southerly line of
the 23rd Street viaduct (being the southerly line of the easement
granted to the South Park Commissioners dated September 25, 1922
as document No. 7803194); and running thence westwardly along
said southerly line of the 23rd Street viaduct, a distance of
431.789 feet, to a point 199.773 feet easterly from the westerly
line of said Illinois Central Railroad right-of-way; thence
southwardly along a straight line, a distance of 169.071 feet to
a point which is 199.328 feet (measured perpendicularly) easterly
from said westerly right-of-way line; thence southwardly along a
straight line, a distance of 751.05 feet to a point which is
194.66 feet (measured perpendicularly) easterly from said
westerly right-of-way line and 920.105 feet (measured
perpendicularly) southerly from said southerly line of the 23rd
Street viaduct; thence southwardly along a straight line whose
southerly terminus is a point which is 143.70 feet easterly from
said westerly right-of-way line and 3387.819 feet northerly of
the intersection of said westerly right-of-way line with the
northerly line of the 31st Street viaduct, (being a line 50.00
feet, measured perpendicularly, northerly of and parallel with
the South line of the Southeast Fractional Quarter of said
Section 27), as measured along said westerly line and a line
perpendicular thereto, a distance of 179.851 feet to an
intersection with a northerly line of the easement for the
overhead bridge structure of the Southwest Expressway System (as
described in Judgment Order No. 67 L 13579 in the Circuit Court
of Cook County), said northerly line extending from a point of
said westerly right-of-way line, which is 142.47 feet (measured
perpendicularly) North of the easterly extension of the North
line of E. 25th Street (as shown in Walker Bros. Addition to
Chicago, a subdivision in the Northeast Fractional Quarter of
Section 27 aforesaid) to a point which is 215.07 feet (measured
perpendicularly) North of said easterly extension of the North
line of E. 25th Street and 396.19 feet (measured perpendicularly)
westerly of the easterly line of said Illinois central Railroad
right-of-way (being also the westerly line of Burnham Park, as
said westerly line is described by the City of Chicago by
ordinance passed July 21, 1919 and recorded on March 5, 1920 in
HOUSE OF REPRESENTATIVES 4379
the Office of the Recorder of Deeds of Cook County, Illinois, as
document No. 6753370); thence northeastwardly along the northerly
line of the easement aforesaid, a distance of 36.733 feet to a
said point which is 215.07 feet (measured perpendicularly) North
of said easterly extension of the North line of E. 25th Street
and 396.19 feet (measured perpendicularly) westerly of said
easterly right-of-way line; thence northeastwardly continuing
along said easement line, being a straight line, a distance of
206.321 feet to a point which is 352.76 feet (measured
perpendicularly) North of said easterly extension of the North
line of E. 25th Street and 211.49 feet (measured perpendicularly)
westerly of said easterly right-of-way line; thence
northeastwardly continuing along said easement line, being a
straight line, a distance of 206.308 feet to a point which is
537.36 feet (measured perpendicularly) North of said easterly
extension of the North line of E. 25th Street and 73.66 feet
(measured perpendicularly) westerly of said easterly right-of-way
line; thence northeastwardly continuing along said easement line,
being a straight line, a distance of 219.688 feet to a point on
said easterly right-of-way line, which point is 756.46 feet
(measured perpendicularly) North of said easterly extension of
the North line of E. 25th Street; and thence northwardly along
said easterly right-of-way line, a distance of 652.596 feet, to
the point of beginning. Excepting therefrom that part of the
land, property and space conveyed to Amalgamated Trust Savings
Bank, as Trustee, under a trust agreement dated January 12, 1978
and known as Trust No. 3448, in Cook County, Illinois.
PARCEL D
All the space within the boundaries of the following described
perimeter between the horizontal plane of plus 27.00 feet and
plus 47.3 feet Chicago City Datum: Commencing at the Northeast
corner of Lot 3 in Block 1 in McCormick City Subdivision being a
resubdivision of McCormick Inn Subdivision (recorded September
26, 1962 as Document No. 18601678) and a subdivision of adjacent
lands recorded January 12, 1971 as Document No. 21369281 in
Section 27, Township 39 North, Range 14, East of the Third
Principal Meridian, thence Westerly along the Northerly line of
said McCormick Inn Subdivision to a point which is 77 feet East
of the Westerly line of McCormick Inn Subdivision (lying at
+27.00 feet C.C.D.) for a place of beginning; thence Westerly a
distance of 77.00 feet above the horizontal plane +27.00 feet
above Chicago City Datum and below +47.3 feet above Chicago City
Datum to the Northwest corner of McCormick Inn Subdivision;
thence South along the West line of McCormick Inn Subdivision a
distance of 36 feet to a point; thence East 23 feet to a point
along a line which is perpendicular to the last described line;
thence North 12 feet to a point along a line which is
perpendicular to the last described line; thence East 54 feet to
a point along a line which is perpendicular to the last described
line; thence North 24 feet along a line which is perpendicular to
the last described line to the place of beginning. (Parcel D has
been included in this Act to provide a means for the Authority to
acquire an easement or fee title to a part of McCormick Inn to
permit the construction of the pedestrian spine to connect the
Project with Donnelley Hall.)
Containing 1,419,953 square feet (32.5970 acres) of land, more or
less.
"Site B" means an area of land (including all air rights related
thereto) in the City of Chicago, Cook County, Illinois, within the
following boundaries:
Beginning at the intersection of the north line of East
4380 JOURNAL OF THE [May 13, 1999]
Cermak Road and the center line of South Indiana Avenue; thence
east along the north line of East Cermak Road and continuing
along said line as said north line of East Cermak Road is
extended, to its intersection with the westerly line of the
right-of-way of the Illinois Central Gulf Railroad; thence
southeasterly along said line to its intersection with the north
line of the Twenty-third Street viaduct; thence northeasterly
along said line to its intersection with the easterly line of the
right-of-way of the Illinois Central Gulf Railroad; thence
southeasterly along said line to the point of intersection with
the west line of the right-of-way of the Adlai E. Stevenson
Expressway; thence southwesterly along said line and then west
along the inside curve of the west and north lines of the
right-of-way of the Adlai E. Stevenson Expressway, following the
curve of said right-of-way, and continuing along the north line
of the right-of-way of the Adlai E. Stevenson Expressway to its
intersection with the center line of South Indiana Avenue; thence
northerly along said line to the point of beginning.
ALSO
Beginning at the intersection of the center line of East
Cermak Road at its intersection with the center line of South
Indiana Avenue; thence northerly along the center line of South
Indiana Avenue to its intersection with the center line of East
Twenty-first Street; thence easterly along said line to its
intersection with the center line of South Prairie Avenue; thence
south along said line to its intersection with the center line of
East Cermak Road; thence westerly along said line to the point of
beginning.
(Source: P.A. 86-17; 87-733.)
(70 ILCS 210/5) (from Ch. 85, par. 1225)
Sec. 5. The Metropolitan Pier and Exposition Authority shall also
have the following rights and powers:
(a) To accept from Chicago Park Fair, a corporation, an
assignment of whatever sums of money it may have received from
the Fair and Exposition Fund, allocated by the Department of
Agriculture of the State of Illinois, and Chicago Park Fair is
hereby authorized to assign, set over and transfer any of those
funds to the Metropolitan Pier and Exposition Authority. The
Authority has the right and power hereafter to receive sums as
may be distributed to it by the Department of Agriculture of the
State of Illinois from the Fair and Exposition Fund pursuant to
the provisions of Sections 5, 6i, and 28 of the State Finance
Act. All sums received by the Authority shall be held in the
sole custody of the secretary-treasurer of the Metropolitan Pier
and Exposition Board.
(b) To accept the assignment of, assume and execute any
contracts heretofore entered into by Chicago Park Fair.
(c) To acquire, own, construct, equip, lease, operate and
maintain grounds, buildings and facilities to carry out its
corporate purposes and duties, and to carry out or otherwise
provide for the recreational, cultural, commercial or residential
development of Navy Pier, and to fix and collect just, reasonable
and nondiscriminatory charges for the use thereof. The charges so
collected shall be made available to defray the reasonable
expenses of the Authority and to pay the principal of and the
interest upon any revenue bonds issued by the Authority. The
Authority shall be subject to and comply with the Lake Michigan
and Chicago Lakefront Protection Ordinance, the Chicago Building
Code, the Chicago Zoning Ordinance, and all ordinances and
regulations of the City of Chicago contained in the following
Titles of the Municipal Code of Chicago: Businesses, Occupations
HOUSE OF REPRESENTATIVES 4381
and Consumer Protection; Health and Safety; Fire Prevention;
Public Peace, Morals and Welfare; Utilities and Environmental
Protection; Streets, Public Ways, Parks, Airports and Harbors;
Electrical Equipment and Installation; Housing and Economic
Development (only Chapter 5-4 thereof); and Revenue and Finance
(only so far as such Title pertains to the Authority's duty to
collect taxes on behalf of the City of Chicago).
(d) To enter into contracts treating in any manner with the
objects and purposes of this Act.
(e) To lease any buildings to the Adjutant General of the
State of Illinois for the use of the Illinois National Guard or
the Illinois Naval Militia.
(f) To exercise the right of eminent domain by condemnation
proceedings in the manner provided by Article VII of the Code of
Civil Procedure, including, with respect to Site B only, the
authority to exercise quick take condemnation by immediate
vesting of title under Sections 7-103 through 7-112 of the Code
of Civil Procedure, to acquire any privately owned real or
personal property and, with respect to Site B only, public
property used for rail transportation purposes (but no such
taking of such public property shall, in the reasonable judgment
of the owner, interfere with such rail transportation) for the
lawful purposes of the Authority in Site A, at Navy Pier, and at
Site B. Just compensation for property taken or acquired under
this paragraph shall be paid in money or, notwithstanding any
other provision of this Act and with the agreement of the owner
of the property to be taken or acquired, the Authority may convey
substitute property or interests in property or enter into
agreements with the property owner, including leases, licenses,
or concessions, with respect to any property owned by the
Authority, or may provide for other lawful forms of just
compensation to the owner. Any property acquired in condemnation
proceedings shall be used only as provided in this Act. Except
as otherwise provided by law, the City of Chicago shall have a
right of first refusal prior to any sale of any such property by
the Authority to a third party other than substitute property.
The Authority shall develop and implement a relocation plan for
businesses displaced as a result of the Authority's acquisition
of property. The relocation plan shall be substantially similar
to provisions of the Uniform Relocation Assistance and Real
Property Acquisition Act and regulations promulgated under that
Act relating to assistance to displaced businesses. To implement
the relocation plan the Authority may acquire property by
purchase or gift or may exercise the powers authorized in this
subsection (f), except the immediate vesting of title under
Sections 7-103 through 7-112 of the Code of Civil Procedure, to
acquire substitute private property within one mile of Site B for
the benefit of displaced businesses located on property being
acquired by the Authority. However, no such substitute property
may be acquired by the Authority unless the mayor of the
municipality in which the property is located certifies in
writing that the acquisition is consistent with the
municipality's land use and economic development policies and
goals. The acquisition of substitute property is declared to be
for public use. In exercising the powers authorized in this
subsection (f), the Authority shall use its best efforts to
relocate businesses within the area of McCormick Place or,
failing that, within the City of Chicago.
(g) To enter into contracts relating to construction
projects which provide for the delivery by the contractor of a
completed project, structure, improvement, or specific portion
4382 JOURNAL OF THE [May 13, 1999]
thereof, for a fixed maximum price, which contract may provide
that the delivery of the project, structure, improvement, or
specific portion thereof, for the fixed maximum price is insured
or guaranteed by a third party capable of completing the
construction.
(h) To enter into agreements with any person with respect
to the use and occupancy of the grounds, buildings, and
facilities of the Authority, including concession, license, and
lease agreements on terms and conditions as the Authority
determines. Notwithstanding Section 24, agreements with respect
to the use and occupancy of the grounds, buildings, and
facilities of the Authority for a term of more than one year
shall be entered into in accordance with the procurement process
provided for in Section 25.1.
(i) To enter into agreements with any person with respect
to the operation and management of the grounds, buildings, and
facilities of the Authority or the provision of goods and
services on terms and conditions as the Authority determines.
(j) After conducting the procurement process provided for
in Section 25.1, to enter into one or more contracts to provide
for the design and construction of all or part of the Authority's
Expansion Project grounds, buildings, and facilities. Any
contract for design and construction of the Expansion Project
shall be in the form authorized by subsection (g), shall be for a
fixed maximum price not in excess of the funds that are
authorized to be made available under the provisions of this
amendatory Act of 1991 for those purposes during the term of the
contract, and shall be entered into before commencement of
construction.
(k) To enter into agreements, including project agreements
with labor unions, that the Authority deems necessary to complete
the Expansion Project or any other construction or improvement
project in the most timely and efficient manner and without
strikes, picketing, or other actions that might cause disruption
or delay and thereby add to the cost of the project.
(l) Nothing in this amendatory Act of 1991 shall be construed to
authorize the Authority to spend the proceeds of any bonds or notes
issued under Section 13.2 or any taxes levied under Section 13 this
amendatory Act of 1991 to construct a stadium to be leased to or used
by professional sports teams.
(Source: P.A. 87-733; 88-193; revised 10-31-98.)
(70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
Sec. 13.2. The McCormick Place Expansion Project Fund is created
in the State Treasury. All moneys in the McCormick Place Expansion
Project Fund are allocated to and shall be appropriated and used only
for the purposes authorized by and subject to the limitations and
conditions of this Section subsection. Those amounts may be
appropriated by law to the Authority for the purposes of paying the
debt service requirements on all bonds and notes, including refunding
bonds and notes issued to refund or advance refund bonds and notes
issued under this Section or issued to refund or advance refund bonds
and notes otherwise issued under this Act, (collectively referred to
as "bonds") to be issued by the Authority under this Section in an
aggregate original principal amount (excluding the amount of any
refunding bonds and notes issued to refund or advance refund bonds or
notes issued under this Section) not to exceed $1,307,000,000
$1,037,000,000 for the purposes of carrying out and performing its
duties and exercising its powers under this Act. No refunding bonds
issued to refund or advance refund bonds issued under this Section
may mature later than the longest maturity date of the series of
bonds being refunded. After the aggregate original principal amount
HOUSE OF REPRESENTATIVES 4383
of bonds authorized in this Section subsection has been issued, the
payment of any principal amount of such bonds does not authorize the
issuance of additional bonds (except refunding bonds).
On the first day of each month commencing after July 1, 1993,
amounts, if any, on deposit in the McCormick Place Expansion Project
Fund shall, subject to appropriation, be paid in full to the
Authority or, upon its direction, to the trustee or trustees for
bondholders of bonds that by their terms are payable from the moneys
received from the McCormick Place Expansion Project Fund, until an
amount equal to 100% of the aggregate amount of the principal and
interest in the fiscal year, including that pursuant to sinking fund
requirements, has been so paid and deficiencies in reserves shall
have been remedied.
The State of Illinois pledges to and agrees with the holders of
the bonds of the Metropolitan Pier and Exposition Authority issued
under this Section that the State will not limit or alter the rights
and powers vested in the Authority by this Act so as to impair the
terms of any contract made by the Authority with those holders or in
any way impair the rights and remedies of those holders until the
bonds, together with interest thereon, interest on any unpaid
installments of interest, and all costs and expenses in connection
with any action or proceedings by or on behalf of those holders are
fully met and discharged; provided that any increase in the Tax Act
Amounts specified in Section 3 of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act,
and Section 9 of the Service Occupation Tax Act required to be
deposited into the Build Illinois Bond Account in the Build Illinois
Fund pursuant to any law hereafter enacted shall not be deemed to
impair the rights of such holders so long as the increase does not
result in the aggregate debt service payable in the current or any
future fiscal year of the State on all bonds issued pursuant to the
Build Illinois Bond Act and the Metropolitan Pier and Exposition
Authority Act and payable from tax revenues specified in Section 3 of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, and Section 9 of the Service
Occupation Tax Act exceeding 33 1/3% of such tax revenues for the
most recently completed fiscal year of the State at the time of such
increase. In addition, the State pledges to and agrees with the
holders of the bonds of the Authority issued under this Section that
the State will not limit or alter the basis on which State funds are
to be paid to the Authority as provided in this Act or the use of
those funds so as to impair the terms of any such contract; provided
that any increase in the Tax Act Amounts specified in Section 3 of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, and Section 9 of the Service
Occupation Tax Act required to be deposited into the Build Illinois
Bond Account in the Build Illinois Fund pursuant to any law hereafter
enacted shall not be deemed to impair the terms of any such contract
so long as the increase does not result in the aggregate debt service
payable in the current or any future fiscal year of the State on all
bonds issued pursuant to the Build Illinois Bond Act and the
Metropolitan Pier and Exposition Authority Act and payable from tax
revenues specified in Section 3 of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act,
and Section 9 of the Service Occupation Tax Act exceeding 33 1/3% of
such tax revenues for the most recently completed fiscal year of the
State at the time of such increase. The Authority is authorized to
include these pledges and agreements with the State in any contract
with the holders of bonds issued under this Section.
The State shall not be liable on bonds of the Authority issued
under this Section those bonds shall not be a debt of the State, and
4384 JOURNAL OF THE [May 13, 1999]
this Act shall not be construed as a guarantee by the State of the
debts of the Authority. The bonds shall contain a statement to this
effect on the face of the bonds.
(Source: P.A. 90-612, eff. 7-8-98.)
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. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Lang, SENATE BILL 1141 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
82, Yeas; 31, Nays; 1, 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.
SENATE BILLS ON SECOND READING
SENATE BILL 818. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Sommer offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 818
AMENDMENT NO. 1. Amend Senate Bill 818 on page 9, by deleting
lines 19 through 29.
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 1018. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Currie offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1018
HOUSE OF REPRESENTATIVES 4385
AMENDMENT NO. 1. Amend Senate Bill 1018 on page 1, below line
12, 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 advanced to the order of
Third Reading.
SENATE BILL 1203. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Currie offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1203
AMENDMENT NO. 1. Amend Senate Bill 1203 on page 1, line 11, by
replacing "$10,895,296,391" with "$10,895,296,390".
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 1088. Having been recalled on April 28, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Righter offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1088
AMENDMENT NO. 1. Amend Senate Bill 1088 on page 1, by replacing
line 9 with the following:
"(a) The United States Environmental Protection Agency (USEPA)
has found that the State Implementation Plans (SIPs) of 23
jurisdictions in the eastern United States are deficient with regard
to nitrogen oxide (NOx) emissions. Therefore, USEPA has issued a call
for SIPs, in effect requiring states like Illinois to address
reduction of NOx emissions from sources within the State.
(b) The General Assembly finds:"; and
on page 1, line 15, by replacing "(b)" with "(c)".
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 1028. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Currie offered the following amendment and moved
4386 JOURNAL OF THE [May 13, 1999]
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1028
AMENDMENT NO. 1. Amend Senate Bill 1028 by inserting at the end
of the bill 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 advanced to the order of
Third Reading.
SENATE BILL 1009. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Executive, adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 1009
AMENDMENT NO. 1. Amend Senate Bill 1009 as follows:
by replacing the title with the following:
"AN ACT concerning ethics, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Governmental Ethics Act is amended by
changing Section 4A-106 as follows:
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. The statements of economic interests required of
persons listed in items (a) through (f) and item (j) of Section
4A-101 shall be filed with the Secretary of State. The statements of
economic interests required of persons listed in items (g), (h), (i),
(k), and (l) of Section 4A-101 shall be filed with the county clerk
of the county in which the principal office of the unit of local
government with which the person is associated is located. If it is
not apparent which county the principal office of a unit of local
government is located, the chief administrative officer, or his or
her designee, has the authority, for purposes of this Act, to
determine the county in which the principal office is located. On or
before February 1 annually, (1) the chief administrative officer of
any State agency in the executive, legislative, or judicial branch
employing persons required to file under item (f) of Section 4A-101
shall certify to the Secretary of State the names and mailing
addresses of those persons, and (2) the chief administrative officer,
or his or her designee, of each unit of local government with persons
described in items (h), (i) and (k) of Section 4A-101 shall certify
to the appropriate county clerk a list of names and addresses of
persons described in items (h), (i) and (k) of Section 4A-101 that
are required to file. In preparing the lists, each chief
administrative officer, or his or her designee, shall set out the
names in alphabetical order.
On or before February 1 annually, the secretary to the board of
education for local school councils established pursuant to Section
34-2.1 of the School Code shall certify to the county clerk the names
and mailing addresses of those persons described in item (l) of
Section 4A-101.
HOUSE OF REPRESENTATIVES 4387
On or before April 1 annually, the Secretary of State shall
notify (1) all persons whose names have been certified to him under
item (f) of Section 4A-101, and (2) all persons described in items
(a) through (e) and item (j) of Section 4A-101, other than candidates
for office who have filed their statements with their nominating
petitions, of the requirements for filing statements of economic
interests.
On or before April 1 annually, the county clerk of each county
shall notify all persons whose names have been certified to him under
items (g), (h), (i), (k), and (l) of Section 4A-101, other than
candidates for office who have filed their statements with their
nominating petitions, of the requirements for filing statements of
economic interests.
Except as provided in Section 4A-106.1, the notices provided for
in this Section shall be in writing and deposited in the U.S. Mail,
properly addressed, first class postage prepaid, on or before the day
required by this Section for the sending of the notice. A certificate
executed by the Secretary of State or county clerk attesting that he
has mailed the notice has been mailed constitutes prima facie
evidence thereof.
From the lists certified to him under this Section of persons
described in items (g), (h), (i), (k), and (l) of Section 4A-101, the
clerk of each county shall compile an alphabetical listing of persons
required to file statements of economic interests in his office under
any of those items. As the statements are filed in his office, the
county clerk shall cause the fact of that filing to be indicated on
the alphabetical listing of persons who are required to file
statements. Within 30 days after the due dates, the county clerk
shall mail to the State Board of Elections a true copy of that
listing showing those who have filed statements.
The county clerk of each county shall note upon the alphabetical
listing the names of all persons required to file a statement of
economic interests who failed to file a statement on or before May 1.
It shall be the duty of the several county clerks to give notice as
provided in Section 4A-105 to any person who has failed to file his
or her statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Act is entitled to receive from the Secretary of
State or county clerk, as the case may be, a receipt indicating that
the person has filed such a statement, the date of such filing, and
the identity of the governmental unit in relation to which the filing
is required.
The Secretary of State may employ such employees and consultants
as he considers necessary to carry out his duties hereunder, and may
prescribe their duties, fix their compensation, and provide for
reimbursement of their expenses.
All statements of economic interests filed under this Section
shall be available for examination and copying by the public at all
reasonable times.
The Secretary may, by rule, allow for the optional filing of
statements of economic interest in an electronic format. No later
than June 1, 2001, the Secretary shall promptly make all disclosures
required to be filed under this Section by candidates for election to
the General Assembly and members of the General Assembly and
candidates for and persons holding the offices of Governor,
Lieutenant Governor, Attorney General, Secretary of State, State
Comptroller, and State Treasurer publicly available by means of a
searchable database that is accessible through the World Wide Web.
The Secretary may, by rule, make publicly available by means of a
searchable database that is accessible through the World Wide Web all
other statements of economic interest required to be filed with the
4388 JOURNAL OF THE [May 13, 1999]
Secretary of State. Each person examining a statement must first
fill out a form prepared by the Secretary of State identifying the
examiner by name, occupation, address and telephone number, and
listing the date of examination and reason for such examination. The
Secretary of State shall supply such forms to the county clerks
annually and replenish such forms upon request.
The Secretary of State or county clerk, as the case may be, shall
promptly notify each person required to file a statement under this
Article of each instance of an examination of his statement by
sending him a duplicate original of the identification form filled
out by the person examining his statement.
(Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433, eff.
12-15-95.)
Section 10. The Lobbyist Registration Act is amended by adding
Section 5.5 as follows:
(25 ILCS 170/5.5 new)
Sec. 5.5. Electronic filing. The Secretary may, by rule, allow
for the optional filing of the reports required by this Act in an
electronic format. Other than the pictures required by subsection
(d) of Section 5, the Secretary must, no later than June 1, 2001,
make all information required by Sections 5 and 6 publicly available
by means of a searchable database that is accessible through the
World Wide Web.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Representative McKeon offered and withdrew Amendment No. 2.
Representative McKeon offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO SENATE BILL 1009
AMENDMENT NO. 3. Amend Senate Bill 1009, AS AMENDED, as follows:
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Governmental Ethics Act is amended by
changing Section 4A-106 as follows:
(5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
Sec. 4A-106. The statements of economic interests required of
persons listed in items (a) through (f) and item (j) of Section
4A-101 shall be filed with the Secretary of State. The statements of
economic interests required of persons listed in items (g), (h), (i),
(k), and (l) of Section 4A-101 shall be filed with the county clerk
of the county in which the principal office of the unit of local
government with which the person is associated is located. If it is
not apparent which county the principal office of a unit of local
government is located, the chief administrative officer, or his or
her designee, has the authority, for purposes of this Act, to
determine the county in which the principal office is located. On or
before February 1 annually, (1) the chief administrative officer of
any State agency in the executive, legislative, or judicial branch
employing persons required to file under item (f) of Section 4A-101
shall certify to the Secretary of State the names and mailing
addresses of those persons, and (2) the chief administrative officer,
or his or her designee, of each unit of local government with persons
described in items (h), (i) and (k) of Section 4A-101 shall certify
to the appropriate county clerk a list of names and addresses of
persons described in items (h), (i) and (k) of Section 4A-101 that
are required to file. In preparing the lists, each chief
HOUSE OF REPRESENTATIVES 4389
administrative officer, or his or her designee, shall set out the
names in alphabetical order.
On or before February 1 annually, the secretary to the board of
education for local school councils established pursuant to Section
34-2.1 of the School Code shall certify to the county clerk the names
and mailing addresses of those persons described in item (l) of
Section 4A-101.
On or before April 1 annually, the Secretary of State shall
notify (1) all persons whose names have been certified to him under
item (f) of Section 4A-101, and (2) all persons described in items
(a) through (e) and item (j) of Section 4A-101, other than candidates
for office who have filed their statements with their nominating
petitions, of the requirements for filing statements of economic
interests.
On or before April 1 annually, the county clerk of each county
shall notify all persons whose names have been certified to him under
items (g), (h), (i), (k), and (l) of Section 4A-101, other than
candidates for office who have filed their statements with their
nominating petitions, of the requirements for filing statements of
economic interests.
Except as provided in Section 4A-106.1, the notices provided for
in this Section shall be in writing and deposited in the U.S. Mail,
properly addressed, first class postage prepaid, on or before the day
required by this Section for the sending of the notice. A certificate
executed by the Secretary of State or county clerk attesting that he
has mailed the notice has been mailed constitutes prima facie
evidence thereof.
From the lists certified to him under this Section of persons
described in items (g), (h), (i), (k), and (l) of Section 4A-101, the
clerk of each county shall compile an alphabetical listing of persons
required to file statements of economic interests in his office under
any of those items. As the statements are filed in his office, the
county clerk shall cause the fact of that filing to be indicated on
the alphabetical listing of persons who are required to file
statements. Within 30 days after the due dates, the county clerk
shall mail to the State Board of Elections a true copy of that
listing showing those who have filed statements.
The county clerk of each county shall note upon the alphabetical
listing the names of all persons required to file a statement of
economic interests who failed to file a statement on or before May 1.
It shall be the duty of the several county clerks to give notice as
provided in Section 4A-105 to any person who has failed to file his
or her statement with the clerk on or before May 1.
Any person who files or has filed a statement of economic
interest under this Act is entitled to receive from the Secretary of
State or county clerk, as the case may be, a receipt indicating that
the person has filed such a statement, the date of such filing, and
the identity of the governmental unit in relation to which the filing
is required.
The Secretary of State may employ such employees and consultants
as he considers necessary to carry out his duties hereunder, and may
prescribe their duties, fix their compensation, and provide for
reimbursement of their expenses.
All statements of economic interests filed under this Section
shall be available for examination and copying by the public at all
reasonable times.
The Secretary may, by rule, allow for the optional filing of
statements of economic interest in an electronic format. No later
than June 1, 2001, the Secretary shall promptly make all disclosures
required to be filed under this Section by candidates for election to
the General Assembly and members of the General Assembly and
4390 JOURNAL OF THE [May 13, 1999]
candidates for and persons holding the offices of Governor,
Lieutenant Governor, Attorney General, Secretary of State, State
Comptroller, and State Treasurer publicly available by means of a
searchable database that is accessible through the World Wide Web.
No later than June 1, 2002, the Secretary shall, by rule, make
publicly available by means of a searchable database that is
accessible through the World Wide Web all other statements of
economic interest required to be filed with the Secretary of State.
Each person examining a statement must first fill out a form prepared
by the Secretary of State identifying the examiner by name,
occupation, address and telephone number, and listing the date of
examination and reason for such examination. The Secretary of State
shall supply such forms to the county clerks annually and replenish
such forms upon request.
The Secretary of State or county clerk, as the case may be, shall
promptly notify each person required to file a statement under this
Article of each instance of an examination of his statement by
sending him a duplicate original of the identification form filled
out by the person examining his statement.
(Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433, eff.
12-15-95.)
Section 10. The Lobbyist Registration Act is amended by adding
Section 5.5 as follows:
(25 ILCS 170/5.5 new)
Sec. 5.5. Electronic filing. The Secretary may, by rule, allow
for the optional filing of the reports required by this Act in an
electronic format. Other than the pictures required by subsection
(d) of Section 5, the Secretary must, no later than June 1, 2001,
make all information required by Sections 5 and 6 publicly available
by means of a searchable database that is accessible through the
World Wide Web.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 3 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 561. Having been read by title a second time on May
4, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Hamos offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO SENATE BILL 561
AMENDMENT NO. 1. Amend Senate Bill 561 as follows:
on page 1, by replacing lines 1 and 2 with the following:
"AN ACT concerning estates, amending named Acts."; and
after line 4, by inserting the following:
"Section 3. The Probate Act of 1975 is amended by changing
Sections 13-3 and 13-4 as follows:
(755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
Sec. 13-3. Compensation of public administrator.
(a) In counties having a population in excess of 1,000,000 The
public administrator shall pay all the fees collected by the office
into the county treasury. Each year, the county board shall
HOUSE OF REPRESENTATIVES 4391
appropriate an amount to be paid to the public administrator as
compensation for the public administrator's performance of his or her
duties and such compensation shall be paid at a minimum level of
$20,000 annually. That amount shall be paid from the fees collected
by the office of the public administrator. The county board in such
counties shall fix the amount for the public administrator's
compensation and necessary clerk hire, assistants, and office expense
in the annual county budget and appropriation ordinances, which shall
be paid from the county treasury. In such counties All fees of the
office of public administrator are subject to audit the same as are
fees of other county officers.
(b) On or before December 31 of each year, the public
administrator shall file with the clerk of the circuit court in the
county having jurisdiction, and with the Office of the Comptroller of
the State of Illinois, an annual report of all moneys received and
disbursed by the public administrator under this Section. In counties
having a population of 1,000,000 or less the public administrator may
receive all the fees of his office and shall bear the expenses
connected with the operation of such office.
(Source: P.A. 89-135, eff. 7-14-95.)
(755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
Sec. 13-4. Powers and duties of public administrator.) (a) When a
person dies owning any real or personal estate in this State and
there is no person in this State having a prior right to administer
his estate, the public administrator of the county of which the
decedent was a resident, or of the county in which his estate is
situated, if the decedent was a nonresident of this State, may take
such measures as he deems proper to protect and secure the estate
from waste, loss or embezzlement until letters of office on the
estate are issued to the person entitled thereto or until a demand
for the removal of the personal estate from this State is made by a
nonresident representative pursuant to the authority granted by this
Act. When letters of office are issued to the public administrator,
he has the same powers and duties as other representatives of
decedents' estates appointed under this Act until he is discharged or
his authority is sooner terminated by order of court. Whenever a
public administrator authorizes the sale of property by public
auction, all bids on the property must be sealed when submitted.
(b) In counties having a population in excess of 1,000,000
inhabitants, A public administrator shall deposit his files of cases
in which he receives a discharge with the clerk of the court of the
county in which he served or is serving as such public administrator.
(Source: P.A. 80-808.)".
AMENDMENT NO. 2 TO SENATE BILL 561
AMENDMENT NO. 2. Amend Senate Bill 561, AS AMENDED, as follows:
by replacing the title with the following:
"AN ACT to amend the Probate Act of 1975 by changing Sections
13-3 and 13-4."; and
by deleting all of Section 5.
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 1114. Having been recalled on May 12, 1999, and held
on the order of Second Reading, the same was again taken up.
4392 JOURNAL OF THE [May 13, 1999]
Representative Ryder offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 1114
AMENDMENT NO. ____. Amend Senate Bill 1114, on page 8, by
replacing lines 18 through 34 with the following:
"(d) At any time after the designation on suspension or removal
from the registry pursuant to subsection (a), (b), or (c) of this
Section, a nursing assistant, habilitation aide, or child care aide
nurse aide may petition the Department for removal of designation
reinstatement on the registry. The Department may remove the
designation of reinstate the nursing assistant, habilitation aide, or
child care aide nurse aide on the registry unless, after an
investigation and a hearing, the Department determines that removal
of designation reinstatement is not in the public interest."; and
on page 9, by deleting lines 1 through 3.
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 held on the order of
Second Reading.
SENATE BILL 235. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Granberg offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO SENATE BILL 235
AMENDMENT NO. 1. Amend Senate Bill 235 by inserting after the
end of Section 1 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 advanced to the order of
Third Reading.
SENATE BILL 556. Having been recalled on May 12, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Jerry Mitchell offered and withdrew Amendment No.
3.
There being no further amendments, the bill was again held on the
order of Second Reading.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
HOUSE OF REPRESENTATIVES 4393
were tabled pursuant to Rule 40(a).
On motion of Representative John Turner, SENATE BILL 1112 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:
108, Yeas; 0, Nays; 6, Answering Present.
(ROLL CALL 9)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Fritchey, SENATE BILL 656 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:
61, Yeas; 50, Nays; 3, Answering Present.
(ROLL CALL 10)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Parke, SENATE BILL 786 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
114, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
On motion of Representative Brosnahan, SENATE BILL 7 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:
107, Yeas; 1, Nays; 6, Answering Present.
(ROLL CALL 12)
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 Burke, SENATE BILL 1136 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 Burke,
further consideration of SENATE BILL 1136 was postponed.
On motion of Representative Winters, SENATE BILL 458 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 13)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
4394 JOURNAL OF THE [May 13, 1999]
SENATE BILLS ON SECOND READING
Having been read by title a second time on May 11, 1999 and held,
the following bill was taken up and advanced to the order of Third
Reading: SENATE BILL 725.
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 Fowler, SENATE BILL 725 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 1, Nays; 0, Answering Present.
(ROLL CALL 14)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RESOLUTIONS
Having been reported out of the Committee on Urban Revitilization
on April 29, 1999, HOUSE JOINT RESOLUTION 10, as amended, was taken
up for consideration.
Representative Slone moved the adoption of the resolution.
And on that motion, a vote was taken resulting as follows:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 15)
The motion prevailed and the Resolution was adopted, as amended.
Ordered that the Clerk inform the Senate and ask their
concurrence.
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. Any amendments pending
were tabled pursuant to Rule 40(a).
On motion of Representative Reitz, SENATE BILL 171 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 16)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence in the House amendment/s adopted.
RECALLS
By unanimous consent, on motion of Representative Woolard, SENATE
BILL 646 was recalled from the order of Third Reading to the order of
Second Reading and held on that order.
HOUSE OF REPRESENTATIVES 4395
SENATE BILLS ON SECOND READING
SENATE BILL 286. Having been read by title a second time on May
12, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendments were offered in the Committee on
Executive, adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 286
AMENDMENT NO. 1. Amend Senate Bill 286 on page 1, lines 2 and 6,
by replacing "Section 6" each time it appears with "Sections 3.4 and
6"; and
on page 1, by inserting below line 6 the following:
"(70 ILCS 5/3.4) (from Ch. 15 1/2, par. 68.3d)
Sec. 3.4. Commissioners' terms and qualification. All initial
appointments of commissioners shall be made within twenty days after
the determination of the result of said election, or the creation of
the Metropolitan Airport Authority, as the case may be. Each
appointment shall be in writing and a certificate thereof signed by
the appointing officer shall be filed and made a matter of record in
the office of the county clerk wherein said organization proceedings
are filed. A commissioner shall qualify within ten days after
appointment by acceptance and the taking of the constitutional oath
of office, both to be in writing and similarly filed for record in
the office of the said county clerk. Members initially appointed to
the board of commissioners of such Authority shall serve from date of
appointment for one, two, three, four and five years and shall draw
lots to determine the periods for which they each shall serve. In
case there are more than five commissioners, lots shall be drawn so
that five commissioners shall serve initial terms of one, two, three,
four and five years and the other commissioners shall serve terms of
one, two, three, four or five years as the number of commissioners
shall require and the drawing of lots shall determine. Within 30 days
after September 27, 1985, the chairman of a county board who is to
appoint 5 commissioners at large pursuant to this amendatory Act of
1985 shall appoint 2 such commissioners to serve terms of 3 years and
5 years, respectively, as determined by lot. The other 3
commissioners to be appointed at large shall be appointed by such
chairman to succeed the terms of the commissioners holding office on
such date who were appointed at large or from the areas within the
Authority located outside of municipalities having a population of
5,000 or more; provided that such commissioners then holding office
shall continue to serve the terms for which they were appointed. The
successors of all such initial members of the board of commissioners
of an Authority shall serve for terms of five years, except that
members of the board of commissioners of an Airport Authority located
in a county with a population of more than 200,000 but less than
250,000 shall serve 3-year terms. All such appointments and
appointments to fill vacancies shall be made in like manner as in the
case of the initial commissioners except as otherwise provided in
this Section. A commissioner having been duly appointed shall
continue to serve after the expiration of his term until his
successor has been appointed. Each commissioner shall reside within
the Authority and shall continue to reside therein during his term of
office.
(Source: P.A. 84-1473.)".
AMENDMENT NO. 2 TO SENATE BILL 286
4396 JOURNAL OF THE [May 13, 1999]
AMENDMENT NO. 2. Amend Senate Bill 286, AS AMENDED, by replacing
the title with the following:
"AN ACT concerning special districts, amending named Acts."; and
after the end of Section 5, by inserting the following:
"Section 10. The Metropolitan Water Reclamation District Act is
amended by changing Section 4 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. The commissioners elected under this Act constitute a
board of commissioners for the district by which they are elected,
which board of commissioners is the corporate authority of the
sanitary district, and, in addition to all other powers specified in
this Act, shall establish the policies and goals of the sanitary
district. The general superintendent, in addition to all other
powers specified in this Act, shall manage and control all the
affairs and property of the sanitary district and shall regularly
report to the Board of Commissioners on the activities of the
sanitary district in executing the policies and goals established by
the board. At the regularly scheduled meeting of odd numbered years
following the induction of new commissioners the board of
commissioners shall elect from its own number a president and a
vice-president to serve in the absence of the president, and the
chairman of the committee on finance. The board shall provide by rule
when a vacancy occurs in the office of the president, vice-president,
or the chairman of the committee on finance and the manner of filling
such vacancy.
The board shall appoint from outside its own number the general
superintendent and treasurer for the district.
The general superintendent must be a resident of the sanitary
district and a citizen of the United States. He must be selected
solely upon his administrative and technical qualifications and
without regard to his political affiliations.
In the event of illness or other prolonged absence, death or
resignation creating a vacancy in the office of the general
superintendent, or treasurer, the board of commissioners may appoint
an acting officer from outside its own number, to perform the duties
and responsibilities of the office during the term of the absence or
vacancy.
The general superintendent with the advice and consent of the
board of commissioners, shall appoint the chief engineer, chief of
maintenance and operations, director of personnel, purchasing agent,
clerk, attorney, director of research and development, and director
of information technology. These constitute the heads of the
Department of Engineering, Maintenance and Operations, Personnel,
Purchasing, Finance, Law, Research and Development, and Information
Technology, respectively. No other departments or heads of
departments may be created without subsequent amendment to this Act.
All such department heads are under the direct supervision of the
general superintendent.
The director of personnel must be qualified under Section 4.2a of
this Act.
The purchasing agent must be selected in accordance with Section
11.16 of this Act.
In the event of illness or other prolonged absence, death or
resignation creating a vacancy in the office of chief engineer, chief
of maintenance and operations, director of personnel, purchasing
agent, clerk, attorney, director of research and development, or
director of information technology, the general superintendent shall
appoint an acting officer to perform the duties and responsibilities
of the office during the term of the absence or vacancy. Any such
officers appointed in an acting capacity are under the direct
supervision of the general superintendent.
HOUSE OF REPRESENTATIVES 4397
All appointive officers and acting officers shall give bond as
may be required by the board.
The general superintendent, treasurer, acting general
superintendent and acting treasurer hold their offices at the
pleasure of the board of commissioners.
The acting chief engineer, acting chief of maintenance and
operations, acting purchasing agent, acting director of personnel,
acting clerk, acting attorney, acting director of research and
development, and acting director of information technology hold their
offices at the pleasure of the general superintendent.
The chief engineer, chief of maintenance and operations, director
of personnel, purchasing agent, clerk, attorney, director of research
and development, and director of information technology may be
removed from office for cause by the general superintendent. Prior
to removal, such officers are entitled to a public hearing before the
general superintendent at which hearing they may be represented by
counsel. Before the hearing, the general superintendent shall notify
the board of commissioners of the date, time, place and nature of the
hearing.
In addition to the attorney appointed by the general
superintendent, the board of commissioners may appoint from outside
its own number an attorney, or retain counsel, to advise the board of
commissioners with respect to its powers and duties and with respect
to legal questions and matters of policy for which the board of
commissioners is responsible.
The general superintendent is the chief administrative officer of
the district, has supervision over and is responsible for all
administrative and operational matters of the sanitary district
including the duties of all employees which are not otherwise
designated by law, and is the appointing authority as specified in
Section 4.11 of this Act.
The board, through the budget process, shall fix the compensation
of all the officers and employees of the sanitary district.
The compensation of board members shall be fixed by the board,
with the affirmative vote of at least 2/3 of the members, subject to
the following:
(1) The board may provide additional compensation for its
president, its vice president, and the chairman of the committee
on finance.
(2) The board may provide for travel and expense
allowances.
(3) The board may include an annual cost of living
adjustment effective each July 1. The cost of living adjustment
shall equal the lesser of 5% of the member's or officer's salary
or the cost of living index known as the "Employment Cost Index,
Wages and Salaries, by Occupation and Industry Group: State and
Local Government Workers: Public Administration", as published
by the United States Department of Labor, Bureau of Labor
Statistics, applicable for the calendar year immediately
preceding the calendar year in which the July 1st increase is
scheduled.
(4) In fixing compensation, the board may not increase a
member's or officer's salary by more than the amount of the net
increase, if any, that has occurred in the cost of living index
known as the "Employment Cost Index, Wages and Salaries, by
Occupation and Industry Group: State and Local Government
Workers: Public Administration", as published by the United
States Department of Labor, Bureau of Labor Statistics, since the
rate of compensation was last adjusted.
Any incumbent of the office of president may appoint an
administrative aide, which appointment remains in force during his
4398 JOURNAL OF THE [May 13, 1999]
incumbency unless revoked by the president.
Effective upon the election in January, 1985 of the president and
vice-president of the board of commissioners and the chairman of the
committee on finance, the annual salary of the president shall be
$37,500 and shall be increased to $39,500 in January, 1987, $41,500
in January, 1989, and $50,000 in January, 1991; the annual salary of
the vice-president shall be $35,000 and shall be increased to
$37,000 in January, 1987, $39,000 in January, 1989 and $45,000 in
January, 1991; the annual salary of the chairman of the committee on
finance shall be $32,500 and shall be increased to $34,500 in
January, 1987, $36,500 in January, 1989 and $45,000 in January, 1991.
The annual salaries of the other members of the Board shall be as
follows:
For the three members elected in November, 1980, $26,500 per
annum for the first two years of the term; $28,000 per annum for the
next two years of the term and $30,000 per annum for the last two
years.
For the three members elected in November, 1982, $28,000 per
annum for the first two years of the term and $30,000 per annum
thereafter.
For members elected in November, 1984, $30,000 per annum.
For the three members elected in November, 1986, $32,000 for each
of the first two years of the term, $34,000 for each of the next two
years and $36,000 for the last two years;
For three members elected in November, 1988, $34,000 for each of
the first two years of the term and $36,000 for each year thereafter.
For members elected in November, 1990 or thereafter, $40,000.
The board of commissioners has full power to pass all necessary
ordinances, orders, rules, resolutions and regulations for the proper
management and conduct of the business of the board of commissioners
and the corporation and for carrying into effect the object for which
the sanitary district is formed. All ordinances, orders, rules,
resolutions and regulations passed by the board of commissioners
must, before they take effect, be approved by the president of the
board of commissioners. If he approves thereof, he shall sign them,
and such as he does not approve he shall return to the board of
commissioners with his objections in writing at the next regular
meeting of the board of commissioners occurring after the passage
thereof. Such veto may extend to any one or more items or
appropriations contained in any ordinance making an appropriation, or
to the entire ordinance. If the veto extends to a part of such
ordinance, the residue takes effect. If the president of such board
of commissioners fails to return any ordinance, order, rule,
resolution or regulation with his objections thereto in the time
required, he is deemed to have approved it, and it takes effect
accordingly. Upon the return of any ordinance, order, rule,
resolution, or regulation by the president, the vote by which it was
passed must be reconsidered by the board of commissioners, and if
upon such reconsideration two-thirds of all the members agree by yeas
and nays to pass it, it takes effect notwithstanding the president's
refusal to approve thereof.
It is the policy of this State that all powers granted, either
expressly or by necessary implication, by this Act or any other
Illinois statute to the District may be exercised by the District
notwithstanding effects on competition. It is the intention of the
General Assembly that the "State action exemption" to the application
of federal antitrust statutes be fully available to the District to
the extent its activities are authorized by law as stated herein.
(Source: P.A. 86-520; 87-1146.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
HOUSE OF REPRESENTATIVES 4399
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.
RESOLUTIONS
Having been reported out of the Committee on Agriculture &
Conservation on April 15, 1999, HOUSE JOINT RESOLUTION 12 was taken
up for consideration.
Representative Black moved the adoption of the resolution.
The motion prevailed and the Resolution was adopted.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE RESOLUTIONS 284, 285, 286, 287, 288, 289, 290, 291, 292,
293, 294, 295, 297 and 298 were taken up for consideration.
Representative Currie moved the adoption of the resolutions.
The motion prevailed and the Resolutions were adopted.
The following resolutions were offered and placed in the
Committee on Rules.
HOUSE RESOLUTION 296
Offered by Representative Madigan:
WHEREAS, For nearly two centuries, graduates of our country's
military service academies and Distinguished Military Graduates of
ROTC units have been eligible for appointment as Regular Officers of
our military services; and
WHEREAS, This system has proven a great influence on many of our
distinguished military leaders in leading to a lifetime dedicated to
the military service of our country; and
WHEREAS, This long-standing system was changed by Public Law
102-109, Div. A, Title V, Part A, Section 501 (adding subsection (e)
to Section 532 (Qualifications for original appointment as a
commissioned officer) of Title 10 of the United States Code); and
WHEREAS, Subsection (e) of Section 532, Title 10, U.S.C.,
provides that after September 30, 1996, initial appointments of
commissioned officers in the Regular Army, Regular Navy, Regular Air
Force, and Regular Marine Corps must be in a reserve grade and denies
commissions as Regular Officers to graduates of our country's
military service academies and Distinguished Military Graduates of
ROTC units; and
WHEREAS, The change in the long-established practice in initial
commissioning of Regular Officers provided for in Section 501 of
Public Law 102-190 has a significant potential to lead many with the
greatest promise for service to our country in its military forces to
opt for other careers and to deprive our military services of many
well-educated potential leaders; and
WHEREAS, The Illinois House of Representatives has always
supported this Country's military forces and recognizes the special
commitment that military service requires; and
WHEREAS, The Illinois House of Representatives joins such
distinguished military leaders as General Andrew J. Goodpaster (U.S.
Army Ret.), General H. Norman Schwarzkopf (U.S. Army Ret.), General
Gordon R. Sullivan (U.S. Army Ret.), and Lt. General Edward L. Rowny
(U.S. Army Ret.) in urging the repeal of subsection (e) of Section
532 of Title 10 of the United States Code; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois House of
4400 JOURNAL OF THE [May 13, 1999]
Representatives does hereby express its support for the repeal of
subsection (e) of Section 532 of Title 10 of the United States Code
and does hereby respectfully urge Congress to repeal subsection (e)
of Section 532 of Title 10 of the United States Code; and be it
further
RESOLVED, That suitable copies of this resolution be delivered to
the Hon. Dennis Hastert, Speaker of the U.S. House of
Representatives, the Hon. Floyd D. Spence, Chairman of the House
Committee on Veterans' Affairs, the Hon. Trent Lott, President of the
U.S. Senate, the Hon. Strom Thurmond, Chairman of the Senate Armed
Services Committee, and the Hon. Arlen Specter, Chairman of the
Senate Committee on Veterans' Affairs.
HOUSE RESOLUTION 299
Offered by Representative Madigan - Daniels - Giglio:
WHEREAS, Inflation has grown at almost twice the rate of the
State-funded "Cost of Doing Business" increases for many providers of
services to persons with developmental disabilities since 1991; and
WHEREAS, A 1992 University of Illinois study found that private
providers of disability services nationwide paid their employees 17%
more on average than private Illinois providers; and
WHEREAS, Workers in these private provider agencies are among the
lowest paid in the State; and
WHEREAS, Many workers in these private provider agencies often
must pay up to 10% of their compensation per month for health
insurance coverage; and
WHEREAS, A 1997 University of Illinois study found staff turnover
rates among such private providers in Illinois was at 80% in their
first year of employment; and
WHEREAS, High staff turnover rates negatively impact the quality
of care and continuity required for individuals with disabilities;
and
WHEREAS, The State of Illinois must ensure that these workers are
properly compensated for their important work and that turnover at
these private agencies is kept to a minimum, allowing individuals
with disabilities a stable and safe environment; and
WHEREAS, Illinois disability service providers have indicated
that they want to use any funding increase to increase wages for
direct care employees; therefore, be it
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that providers of services
for the developmentally disabled shall increase the wages of direct
care workers by at least the same percentage as the increase in funds
they receive from the State in fiscal year 2000; and be it further
RESOLVED, That each disability service provider shall certify to
the Department of Human Services, as provided by rule by the
Department, that it has provided the wage increases in accordance
with these requirements; and be it further
RESOLVED, That the Department of Human Services, on or before
January 1, 2000, shall report to the House of Representatives the
information certified to the Department by disability service
providers; and be it further
RESOLVED, That a suitable copy of this Resolution be forwarded to
the Secretary of Human Services.
At the hour of 4:37 o'clock p.m., Representative Ryder moved that
the House do now adjourn until Friday, May 14, 1999, at 10:00 o'clock
a.m.
The motion prevailed.
HOUSE OF REPRESENTATIVES 4401
And the House stood adjourned.
4402 JOURNAL OF THE [May 13, 1999]
NO. 1
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
QUORUM ROLL CALL FOR ATTENDANCE
MAY 13, 1999
0 YEAS 0 NAYS 116 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
P BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE E SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN P MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS 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
P DAVIS,STEVE E 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 4403
NO. 2
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1168
SCH CD-SPEC ED-BEHAVIOR-TECH
THIRD READING
PASSED
MAY 13, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4404 JOURNAL OF THE [May 13, 1999]
NO. 3
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1061
DEPT CORR MEDICAL CONTINUITY
THIRD READING
PASSED
MAY 13, 1999
110 YEAS 2 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
A ERWIN Y LANG Y PUGH Y ZICKUS
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4405
NO. 4
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 460
CIV PRO-COSTS-POOR PERSONS
THIRD READING
PASSED
MAY 13, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4406 JOURNAL OF THE [May 13, 1999]
NO. 5
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 53
MUNI CD-TIF-BOND RETIREMENT
THIRD READING
PASSED
MAY 13, 1999
111 YEAS 0 NAYS 2 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E SCHOENBERG
Y BOST A GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
P 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
P DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4407
NO. 6
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 946
INCOME TAX-SUB S-TECH
THIRD READING
PASSED
MAY 13, 1999
113 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4408 JOURNAL OF THE [May 13, 1999]
NO. 7
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1121
AMEND CRIMINAL CODE
THIRD READING
PASSED
MAY 13, 1999
113 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO A FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4409
NO. 8
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1141
AMEND IL MUNICIPAL CODE
THIRD READING
PASSED
MAY 13, 1999
82 YEAS 31 NAYS 1 PRESENT
Y ACEVEDO N FOWLER Y LINDNER N RIGHTER
Y BASSI N FRANKS Y LOPEZ N RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO N MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE E SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY N HAMOS Y McGUIRE N SCULLY
Y BRADY Y HANNIG N McKEON P SHARP
Y BROSNAHAN Y HARRIS Y MEYER N SILVA
Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT N MOFFITT Y SMITH
Y CAPPARELLI N HOFFMAN Y MOORE N SOMMER
N COULSON Y HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART
N CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ N MR. SPEAKER
Y FLOWERS N LEITCH
E - Denotes Excused Absence
4410 JOURNAL OF THE [May 13, 1999]
NO. 9
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 1112
SENTENCE ENHANCE-FIREARM USE
THIRD READING
PASSED
MAY 13, 1999
108 YEAS 0 NAYS 6 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 P GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK P MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN P MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS P TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE P YOUNGE
Y ERWIN Y LANG P PUGH Y ZICKUS
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4411
NO. 10
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 656
LIQUOR CONTROL ACT-LICENSE
THIRD READING
PASSED
MAY 13, 1999
61 YEAS 50 NAYS 3 PRESENT
N ACEVEDO N FOWLER Y LINDNER N RIGHTER
N BASSI N FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD
N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER
Y BIGGINS N GASH N MATHIAS Y SAVIANO
N BLACK Y GIGLIO Y MAUTINO N SCHMITZ
Y BOLAND Y GILES Y McAULIFFE E SCHOENBERG
N BOST Y GRANBERG Y McCARTHY N SCOTT
Y BRADLEY Y HAMOS Y McGUIRE N SCULLY
N BRADY Y HANNIG Y McKEON Y SHARP
N BROSNAHAN Y HARRIS Y MEYER Y SILVA
P BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER
Y BUGIELSKI Y HASSERT E MITCHELL,JERRYN SLONE
Y BURKE N HOEFT N MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
N COWLISHAW Y HOWARD N MULLIGAN Y STROGER
Y CROSS N HULTGREN Y MURPHY Y TENHOUSE
N CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART
Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN
N CURRY N JONES,JOHN Y O'BRIEN N WAIT
Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL
N DART Y JONES,SHIRLEY N OSMOND N WINTERS
N DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE E KLINGLER N PARKE N WOJCIK
Y DELGADO N KOSEL Y PERSICO P WOOLARD
N DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN P LANG Y PUGH N ZICKUS
E FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER
N FLOWERS Y LEITCH
E - Denotes Excused Absence
4412 JOURNAL OF THE [May 13, 1999]
NO. 11
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 786
MICRO-ENTERPRISE-SELF EMPLYMNT
THIRD READING
PASSED
MAY 13, 1999
114 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E 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 E MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 4413
NO. 12
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 7
CRIM CD-SEX OFFENDER-PARK
THIRD READING
PASSED
MAY 13, 1999
107 YEAS 1 NAYS 6 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E 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 P MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN P MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS P TURNER,ART
P CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN
Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS P JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE E KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO Y WOOLARD
Y DURKIN Y KRAUSE Y POE A YOUNGE
Y ERWIN Y LANG P PUGH Y ZICKUS
E FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
4414 JOURNAL OF THE [May 13, 1999]
NO. 13
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 458
AUTOMATED DEFIBRILLATOR ACT
THIRD READING
PASSED
MAY 13, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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 4415
NO. 14
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 725
IL AQUACULTURE DEVELOP FUND
THIRD READING
PASSED
MAY 13, 1999
115 YEAS 1 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 N GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE E SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
4416 JOURNAL OF THE [May 13, 1999]
NO. 15
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
HOUSE JOINT RESOLUTION 10
ILL SMART GROWTH TASK FORCE
ADOPTED
MAY 13, 1999
115 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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 A JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING
Y DAVIS,STEVE E 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 4417
NO. 16
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SENATE BILL 171
MUNI CD-DEPUTY POL&FIRE CHIEFS
THIRD READING
PASSED
MAY 13, 1999
116 YEAS 0 NAYS 0 PRESENT
Y ACEVEDO Y FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y 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 Y GILES Y McAULIFFE E SCHOENBERG
Y BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
Y BRADY Y HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE
Y BURKE Y HOEFT Y MOFFITT Y SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER
Y COULSON Y HOLBROOK Y MORROW Y STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE
Y CROTTY Y JOHNSON,TIM Y MYERS 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
Y DAVIS,STEVE E 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
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