5836 JOURNAL OF THE [May 26, 1999] HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-FIRST GENERAL ASSEMBLY 59TH LEGISLATIVE DAY WEDNESDAY, MAY 26, 1999 1:00 O'CLOCK P.M. The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Black led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Capparelli, Pugh and Wojcik were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Bill Mitchell replaced Representative Myers in the Committee on Transportation & Motor Vehicles on May 25, 1999. Representative Winters replaced Representative Biggins in the Committee on Electric Utility Deregulation on May 25, 1999. 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 Electric Utility Deregulation: House Amendment 1 to SENATE BILL 23; FIRST CONFERENCE COMMITTEE REPORT TO SENATE BILL 24. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules
HOUSE OF REPRESENTATIVES 5837 to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to HOUSE BILL 427. First Conference Committee Report to HOUSE BILL 1670. First Conference Committee Report to SENATE BILL 73. First Conference Committee Report to SENATE BILL 171. First Conference Committee Report to SENATE BILL 648. First Conference Committee Report to SENATE BILL 656. That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 311. Amendment No. 4 to SENATE BILL 941. Amendment No. 2 to SENATE BILL 956. That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to recede from House Amendment No. 3 to SENATE BILL 460. Motion to recede from House Amendment No. 1 to SENATE BILL 1207. That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 2 to HOUSE BILL 953. 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 Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to HOUSE BILL 452. First Conference Committee Report to HOUSE BILL 2166. That the bill be reported "be referred to consideration postponed": SENATE BILL 23. That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 956. The committee roll call vote on the forgoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder Y Hannig N Tenhouse Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 251. 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 Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to HOUSE BILL 1845. That the Floor Amendment be reported "recommends be adopted": Amendment No. 4 to SENATE BILL 956. That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 376.
5838 JOURNAL OF THE [May 26, 1999] 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 Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to SENATE BILL 242. The committee roll call vote on the forgoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder Y Hannig N Tenhouse Y Turner, Art LETTER OF TRANSMITTAL May 26, 1999 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield IL 62706 Dear Mr. Clerk: Please be advised that I have extended the Third Reading Deadline for Senate Bill 23 until May 31, 1999. If you have any questions, please contact Tim Mapes, my Chief of Staff. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House COMMITTEE ON RULES REASSIGNMENTS Representative Currie, from the Committee on Rules, recalled Amendment No. 2 to SENATE BILL 23 from the Committee on Electric Utility Deregulation and reassigned it to the Committee on Revenue. JOINT ACTION MOTIONS SUBMITTED Representative Boland submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 2 to HOUSE BILL 953. Representative Steve Davis submitted the following written motion, which was placed on the Calendar on the order of Non-concurrence: MOTION #1
HOUSE OF REPRESENTATIVES 5839 I move to refuse to recede from House Amendments numbered 1, 2, 3 and 4 to SENATE BILL 286. Representative Hannig 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 1079. Representative Hannig 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 1080. REQUEST FOR FISCAL NOTE Representative Black requested that a Fiscal Note be supplied for SENATE BILL 23, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 311, as amended. REQUEST FOR STATE MANDATES NOTE Representative Hassert requested that a State Mandates Note be supplied for SENATE BILL 26, as amended. Representative Black requested that a State Mandates Note be supplied for SENATE BILL 23, as amended. STATE MANDATE ACT NOTE SUPPLIED A State Mandate Act Note has been supplied for SENATE BILL 26, as amended and 251, as amended. REQUEST FOR HOME RULE NOTE Representative Hassert requested that a Home Rule Note be supplied for SENATE BILL 26, as amended. Representative Black requested that a Home Rule Note be supplied for SENATE BILL 23, as amended. HOME RULE IMPACT NOTE SUPPLIED A Home Rule Impact Note has been supplied for SENATE BILL 26, as amended and 251, as amended. REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE Representative Hassert requested that a Land Conveyance Appraisal Note be supplied for SENATE BILL 26, as amended.
5840 JOURNAL OF THE [May 26, 1999] LAND CONVEYANCE APPRAISEL NOTE SUPPLIED A Land Conveyance Appraisel Note has been supplied for SENATE BILL 26, as amended and 311, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Black requested that a State Debt Impact Note be supplied for SENATE BILL 23, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 287 A bill for AN ACT to amend the Public Utilities Act by adding Section 13-301.5. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Donahue, Mahar, Maitland; Bowles and Shaw. Action taken by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate Representative Tenhouse moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 287. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Currie, Mautino, Hannig; Tenhouse and Bost. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendments 1 and 2 to a bill of the following title, to-wit: HOUSE BILL NO. 523 A bill for AN ACT to amend the Illinois Municipal Code by changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Peterson, W.
HOUSE OF REPRESENTATIVES 5841 Jones, Weaver; Clayborne and Berman. Action taken by the Senate, May 25, 1999. Jim Harry, Secretary of the Senate Representative Mautino moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 523. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Mautino, Giles, Currie; Tenhouse and Mathias. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 1079 A bill for AN ACT to amend the Criminal Code of 1961 by adding Section 11-9.4. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators O'Malley, Hawkinson, Dillard; Cullerton and Molaro. Action taken by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate Representative Brosnahan moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 1079. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Hannig, Schoenberg, Currie; Tenhouse & Ryder. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 1134 A bill for AN ACT to amend the School Code by changing Section 18-8.05. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators O'Malley, Cronin,
5842 JOURNAL OF THE [May 26, 1999] Karpiel; Berman and Demuzio. Action taken by the Senate, May 25, 1999. Jim Harry, Secretary of the Senate Representative Crotty moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 1134. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Crotty, Currie, Woolard; Tenhouse and Jerry Mitchell. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 1845 A bill for AN ACT to amend the Illinois Marriage and Dissolution of Marriage Act by changing Section 607. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators W. Jones, Hawkinson, Dillard; Cullerton and Obama. Action taken by the Senate, May 25, 1999. Jim Harry, Secretary of the Senate Representative Cross moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 1845. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Woolard, Dart, Currie; Tenhouse and Bassi. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 2733 A bill for AN ACT to amend the School Code by changing Section 18-8.05. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Weaver, Cronin, Karpiel; Berman and Demuzio.
HOUSE OF REPRESENTATIVES 5843 Action taken by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate Representative Tim Johnson moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 2733. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Crotty, Woolard, Currie; Black and Tenhouse. Ordered that the Clerk inform 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 adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 39 WHEREAS, The Older Americans Act promotes the dignity and value of every older person age 60 and over (numbering 2,000,000 in Illinois) through an Aging Network led by the Illinois Department on Aging, 13 area agencies on aging, 233 community based senior service agencies, and 63 nutrition services agencies throughout Illinois; and WHEREAS, The Older Americans Act is a successful federal program, with the U.S. Administration on Aging offering leadership in Washington, D.C., the Illinois Department on Aging (the first state department on aging in the nation) at the State level, the area agencies on aging in 13 regions designated by the State covering all of Illinois, and community based senior service agencies providing services in every community; and WHEREAS, The Older Americans Act programs target resources and services to those in greatest economic and social need, promote the dignity and contributions of our senior citizens, support transportation services, provide home care, assist families and individuals with case management, guide those challenged by the legal system through legal assistance, provide for senior community service employment, offer information and assistance, establish multi-purpose senior centers as focal points on aging, serve congregate luncheon and home delivered meals, provide health promotion and disease prevention activities, involve older persons in nutrition education, reach out to families with respite services for caregivers and small repair and home modifications, provide opportunities, education, and services, connect people in shared housing, and advocate to public and private policy makers on the issues of importance to older persons; and WHEREAS, The success of this aging network over the past 31 years is marked by the delivery of significant service to older persons in their own homes and community with the following services examples of that success: (1) 374,538 recipients of access services, including 235,148 Information and Assistance Services clients and 68,493 recipients of Case Management Services; (2) 53,450 recipients of in-home services, including 6,460,533 home delivered meals to 41,305 elders; (3) 185,520 recipients of community services, including 3,636,855 meals to 79,012 congregate meal participants at 647 nutrition sites and services delivered from 170 Senior Centers;
5844 JOURNAL OF THE [May 26, 1999] (4) 760 recipients of employment services, including 760 senior community service employment program participants; and (5) 98,600 recipients of nursing home ombudsman services; and WHEREAS, The organizations serving older persons employ professionals dedicated to offering the highest level of service and caring workers who every day provide in-home care, rides, educational and social activities, shopping assistance, advice, and hope to those in greatest isolation and need; and WHEREAS, The organizations serving older persons involve a multi-generational corps of volunteers who contribute to the governance, planning, and delivery of services to older persons in their own communities through participation on boards and advisory councils and in the provision of clerical support, programming, and direct delivery of service to seniors; and WHEREAS, The Older Americans Act programs in Illinois leverage local funding for aging services and encourage contributions from older persons; and WHEREAS, The Older Americans Act programs are the foundation for the Illinois Community Care Program which reaches out to those with the lowest incomes and greatest frailty to provide alternatives to long term care, and the Illinois Elder Abuse and Neglect Interventions Program which assists families in the most difficult of domestic situations with investigation and practical interventions; and WHEREAS, The Congress of the United States has not reauthorized the Older Americans Act since 1995 and only extends the program each year through level appropriations; and WHEREAS, Expansion of the Older Americans Act is proposed in reauthorization legislation this year to offer family caregiver support, increased numbers of home delivered meals, improved promotion of elder rights, consolidation of several programs and sub-titles of the law; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we urge the Congress of the United States of America to reauthorize the Older Americans Act this year; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President pro tempore of the U.S. Senate, the Speaker of the U.S. House of Representatives, and each member of the Illinois congressional delegation. Adopted by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 39 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 53 A bill for AN ACT to amend the Illinois Municipal Code by changing Sections 11-74.4-3 and 11-74.4-7. I am further directed to inform the House of Representatives that
HOUSE OF REPRESENTATIVES 5845 the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Watson, Peterson, Radogno; Clayborne and Welch. Action taken by the Senate, May 25, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 321 A bill for AN ACT to amend the Illinois Health Facilities Planning Act by adding Section 4.5. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Rauschenberger, Syverson, Parker; Obama and Rea. Action taken by the Senate, May 25, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendments to: SENATE BILL NO. 392 A bill for AN ACT relating to charitable organizations and activities, amending named Acts. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: O'Malley, Hawkinson, Dillard; Cullerton and Shadid. Action taken by the Senate, May 25, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to adopt the First Conference Committee Report and requests a Second Committee of Conference to consist of five members from each house to consider the differences of the two Houses in regard to amendment 1 to Senate Bill 1158, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Rauschenberger, T. Walsh, Geo-Karis; Obama and Viverito.
5846 JOURNAL OF THE [May 26, 1999] Action taken by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 1278 Adopted by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1278 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 2 to House Bill 1278, recommend the following: (1) that the House concur in Senate Amendment No. 2; and (2) that House Bill 1278, AS AMENDED, be further amended, with reference to the page and line numbers of Senate Amendment No. 2, as follows: by deleting lines 6 through 34 on page 6, all of page 7, and lines 1 through 8 on page 8; and on page 11, by replacing lines 23 through 25 with the following: "methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or pseudoephedrine or any of"; and on page 15, line 28, by replacing "(c), (d)," with "(c), (c-5), (d), (d-5),"; and by deleting line 34 on page 23 and lines 1 through 8 on page 24; and on page 24, line 29, by replacing "(Source: P.A. 90-775, eff. 1-1-99.)" with the following: "(Source: P.A. 90-775, eff. 1-1-99.) Section 99. Effective date. This Act takes effect January 1, 2000.". Submitted on May 26, 1999 s/Sen. Carl Hawkinson s/Rep. Steve Davis s/Sen. Kirk Dillard s/Rep. Laren Beth Gash s/Sen. Ed Petka s/Rep. Louis Lang s/Sen. John Cullerton s/Rep. Richard Winkel s/Sen. Ira Silverstein Rep. Patricia Lindner Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 73 Adopted by the Senate, May 26, 1999.
HOUSE OF REPRESENTATIVES 5847 Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 73 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 73, recommend the following: (1) that the Senate concur in House Amendment No. 1; and (2) that Senate Bill 73 be further amended, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 6, by deleting lines 17 through 28. Submitted on May 26, 1999 s/Sen. Todd Sieben s/Rep. Michael K. Smith s/Sen. N. Duane Noland s/Rep. Charles Hartke s/Sen. Robert Madigan Rep. John "Phil" Novak Sen. William O'Daniel s/Rep. William B. Black s/Sen. Lawrence Walsh s/Rep. I. Ronald Lawfer Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 171 Adopted by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 171 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 171, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 171 be amended 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 full-time police officers and for no more than 2 deputy chief positions if the police department has 25 or more full-time 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
5848 JOURNAL OF THE [May 26, 1999] held immediately prior to appointment to the deputy chief position.". Submitted on May 25, 1999 s/Sen. Dick Klemm s/Rep. Dan Reitz s/Sen. Kirk Dillard s/Rep. Calvin L. Giles s/Sen. Walter Dudycz s/Rep. Barbara Flynn Currie s/Sen. William Shaw s/Rep. Dan Rutherford s/Sen. Lawrence Walsh s/Rep. Brent Hassert Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 242 Adopted by the Senate, May 26, 1999. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 242 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 242, recommend the following: (1) that the Senate concur in House Amendment No. 1; and (2) that Senate Bill 242 be further amended as follows: in Section 5, Sec. 18.5, subsection (f), paragraph (4), item (vi), by deleting the sentence beginning "In the action,". Submitted on May 25, 1999 s/Sen. Carl Hawkinson s/Rep. Larry McKeon s/Sen. Ed Petka s/Rep. Tom Dart s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie s/Sen. John Cullerton s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. John Turner Committee for the Senate Committee for the House REPORTS FROM STANDING COMMITTEES Representative Novak, Chairperson, from the Committee on Electric Utility Deregulation to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to SENATE BILL 24. The committee roll call vote on the First Conference Committee Report to SENATE BILL 24 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Meyer
HOUSE OF REPRESENTATIVES 5849 Y Biggins (Krause) Y Morrow Y Hassert Y O'Brien (Joseph Lyons) Y Jones, Shirley Y Persico, Vice-Chair A Leitch Y Scott Representative Murphy, Chairperson, from the Committee on Personnel & Pensions to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1103. The committee roll call vote on SENATE BILL 1103 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Murphy, Chair Y Osmond Y Beaubien Y Poe Y Delgado Y Pugh (Smith) Y Hannig Y Schmitz Y Hoeft, Spkpn Y Stroger Y Woolard Representative Mautino, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 23. The committee roll call vote on Amendment No. 2 to SENATE BILL 23 is as follows: 5, Yeas; 2, Nays; 0, Answering Present. Y Pugh, Chair (O'Brien) Y Currie A Beaubien Y Granberg N Biggins Y Mautino, Vice-Chair A Cross N Moore, Andrea, Spkpn Y Turner, Art CHANGE OF SPONSORSHIP Representative Bassi asked and obtained unanimous consent to be removed as chief sponsor and Representative Cross asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1845. CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Cowlishaw submitted the following First Conference Committee Report on HOUSE BILL 134 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 134 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the
5850 JOURNAL OF THE [May 26, 1999] differences between the houses in relation to Senate Amendments No. 2 and 3 to House Bill 134, recommend the following: (1) that the House concur in Senate Amendment Nos. 2 and 3; and (2) that House Bill 134 be further amended, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 2, on page 1, lines 15 and 18, by replacing "85%", each time it appears, with "15%"; and on page 2, line 2, by replacing "85%" with "15%". Submitted on May 26, 1999. s/Sen. Chris Lauzen s/Rep. Barbara Flynn Currie s/Sen. William Peterson Rep. Coy Pugh s/Sen. James "Pate" Philip s/Rep. Steve Davis s/Sen. Barack Obama s/Rep. Dan Rutherford Sen. Art Berman s/Rep. Mary Lou Cowlishaw Committee for the Senate Committee for the House Representative Joseph Lyons submitted the following First Conference Committee Report on HOUSE BILL 427 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 427 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 427, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 427 be amended as follows: by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Assisted Living and Shared Housing Act. Section 5. Legislative purpose. The purpose of this Act is to permit the development and availability of assisted living establishments and shared housing establishments based on a social model that promotes the dignity, individuality, privacy, independence, autonomy, and decision-making ability and the right to negotiated risk of those persons; to provide for the health, safety, and welfare of those residents residing in assisted living and shared housing establishments in this State; to promote continuous quality improvement in assisted living; and to encourage the development of innovative and affordable assisted living establishments and shared housing with service establishments for elderly persons of all income levels. It is the public policy of this State that assisted living is an important part of the continuum of long term care. In support of the goal of aging in place within the parameters established by this Act, assisted living and shared housing establishments shall be operated as residential environments with supportive services designed to meet the individual resident's changing needs and preferences. The residential environment shall be designed to encourage family and community involvement. The services available to residents, either directly or through contracts or agreements, are intended to help residents remain as independent as possible. Assisted living, which promotes resident choice, autonomy, and decision making, should be
HOUSE OF REPRESENTATIVES 5851 based on a contract model designed to result in a negotiated agreement between the resident or the resident's representative and the provider, clearly identifying the services to be provided. This model assumes that residents are able to direct services provided for them and will designate a representative to direct these services if they themselves are unable to do so. This model supports the principle that there is an acceptable balance between consumer protection and resident willingness to accept risk and that most consumers are competent to make their own judgments about the services they are obtaining. Regulation of assisted living establishments and shared housing establishments must be sufficiently flexible to allow residents to age in place within the parameters of this Act. The administration of this Act and services provided must therefore ensure that the residents have the rights and responsibilities to direct the scope of services they receive and to make individual choices based on their needs and preferences. These establishments shall be operated in a manner that provides the least restrictive and most homelike environment and that promotes independence, autonomy, individuality, privacy, dignity, and the right to negotiated risk in residential surroundings. It is not the intent of the State that establishments licensed under this Act be used as halfway houses for alcohol and substance abusers. Section 10. Definitions. For purposes of this Act: "Activities of daily living" means eating, dressing, bathing, toileting, transferring, or personal hygiene. "Advisory Board" means the Assisted Living and Shared Housing Advisory Board. "Assisted living establishment" or "establishment" means a home, building, residence, or any other place where sleeping accommodations are provided for at least 3 unrelated adults, at least 80% of whom are 55 years of age or older and where the following are provided consistent with the purposes of this Act: (1) services consistent with a social model that is based on the premise that the resident's unit in assisted living and shared housing is his or her own home; (2) community-based residential care for persons who need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; (3) mandatory services, whether provided directly by the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative; and (4) a physical environment that is a homelike setting that includes the following and such other elements as established by the Department in conjunction with the Assisted Living and Shared Housing Advisory Board: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities. "Assisted living establishment" or "establishment" does not mean any of the following: (1) A home, institution, or similar place operated by the federal government or the State of Illinois. (2) A long term care facility licensed under the Nursing Home Care Act. However, a long term care facility may convert
5852 JOURNAL OF THE [May 26, 1999] distinct parts of the facility to assisted living. If the long term care facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted. (3) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act. (4) A facility for child care as defined in the Child Care Act of 1969. (5) A community living facility as defined in the Community Living Facilities Licensing Act. (6) A nursing home or sanitarium operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination. (7) A facility licensed by the Department of Human Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act. (8) A supportive residence licensed under the Supportive Residences Licensing Act. (9) A life care facility as defined in the Life Care Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living. (10) A free-standing hospice facility licensed under the Hospice Program Licensing Act. (11) A shared housing establishment. (12) A supportive living facility as described in Section 5-5.0la of the Illinois Public Aid Code. "Department" means the Department of Public Health. "Director" means the Director of Public Health. "Emergency situation" means imminent danger of death or serious physical harm to a resident of an establishment. "License" means any of the following types of licenses issued to an applicant or licensee by the Department: (1) "Probationary license" means a license issued to an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act. (2) "Regular license" means a license issued by the Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act. "Licensee" means a person, agency, association, corporation, partnership, or organization that has been issued a license to operate an assisted living or shared housing establishment. "Licensed health care professional" means a registered professional nurse, an advanced practice nurse, a physician assistant, and a licensed practical nurse. "Mandatory services" include the following: (1) 3 meals per day available to the residents prepared by the establishment or an outside contractor; (2) housekeeping services including, but not limited to, vacuuming, dusting, and cleaning the resident's unit; (3) personal laundry and linen services available to the residents provided or arranged for by the establishment; (4) security provided 24 hours each day including, but not limited to, locked entrances or building or contract security personnel; (5) an emergency communication response system, which is a
HOUSE OF REPRESENTATIVES 5853 procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and (6) assistance with activities of daily living as required by each resident. "Negotiated risk" is the process by which a resident, or his or her representative, may formally negotiate with providers what risks each are willing and unwilling to assume in service provision and the resident's living environment. The provider assures that the resident and the resident's representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these risks. "Owner" means the individual, partnership, corporation, association, or other person who owns an assisted living or shared housing establishment. In the event an assisted living or shared housing establishment is operated by a person who leases or manages the physical plant, which is owned by another person, "owner" means the person who operates the assisted living or shared housing establishment, except that if the person who owns the physical plant is an affiliate of the person who operates the assisted living or shared housing establishment and has significant control over the day to day operations of the assisted living or shared housing establishment, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act. "Physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches. "Resident" means a person residing in an assisted living or shared housing establishment. "Resident's representative" means a person, other than the owner, agent, or employee of an establishment or of the health care provider unless related to the resident, designated in writing by a resident to be his or her representative. This designation may be accomplished through the Illinois Power of Attorney Act, pursuant to the guardianship process under the Probate Act of 1975, or pursuant to an executed designation of representative form specified by the Department. "Self" means the individual or the individual's designated representative. "Shared housing establishment" or "establishment" means a publicly or privately operated free-standing residence for 12 or fewer persons, at least 80% of whom are 55 years of age or older and who are unrelated to the owners and one manager of the residence, where the following are provided: (1) services consistent with a social model that is based on the premise that the resident's unit is his or her own home; (2) community-based residential care for persons who need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and (3) mandatory services, whether provided directly by the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative. "Shared housing establishment" or "establishment" does not mean any of the following: (1) A home, institution, or similar place operated by the federal government or the State of Illinois. (2) A long term care facility licensed under the Nursing Home Care Act. A long term care facility may, however, convert
5854 JOURNAL OF THE [May 26, 1999] sections of the facility to assisted living. If the long term care facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted. (3) A hospital, sanitarium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act. (4) A facility for child care as defined in the Child Care Act of 1969. (5) A community living facility as defined in the Community Living Facilities Licensing Act. (6) A nursing home or sanitarium operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination. (7) A facility licensed by the Department of Human Services as a community-intergrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act. (8) A supportive residence licensed under the Supportive Residences Licensing Act. (9) A life care facility as defined in the Life Care Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living. (10) A free-standing hospice facility licensed under the Hospice Program Licensing Act. (11) An assisted living establishment. (12) A supportive living facility as described in Section 5-5.01a of the Illinois Public Aid Code. "Total assistance" means that staff or another individual performs the entire activity of daily living without participation by the resident. Section 15. Assessment and service plan requirements. Prior to admission to any establishment covered by this Act, a comprehensive assessment that includes an evaluation of the prospective resident's physical, cognitive, and psychosocial condition shall be completed. At least annually, a comprehensive assessment shall be completed, and upon identification of a significant change in the resident's condition, the resident shall be reassessed. The Department may by rule specify circumstances under which more frequent assessments of skin integrity and nutritional status shall be required. The comprehensive assessment shall be completed by a physician. Based on the assessment, a written service plan shall be developed and mutually agreed upon by the provider and the resident. The service plan, which shall be reviewed annually, or more often as the resident's condition, preferences, or service needs change, shall serve as a basis for the service delivery contract between the provider and the resident. Based on the assessment, the service plan may provide for the disconnection or removal of any appliance. Section 20. Construction and operating standards. The Department, in consultation with the Advisory Board, shall prescribe minimum standards for establishments. These standards shall include: (1) the location and construction of the establishment, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazards; these standards shall include, at a minimum, compliance with the residential board and care occupancies chapter of the National Fire Protection Association's Life Safety Code, local and State building codes for the building type, and accessibility standards of the Americans with Disabilities Act;
HOUSE OF REPRESENTATIVES 5855 (2) the number and qualifications of all personnel having responsibility for any part of the services provided for residents; (3) all sanitary conditions within the establishment and its surroundings, including water supply, sewage disposal, food handling, infection control, and general hygiene, which shall ensure the health and comfort of residents; (4) a program for adequate maintenance of physical plant and equipment; (5) adequate accommodations, staff, and services for the number and types of residents for whom the establishment is licensed; (6) the development of evacuation and other appropriate safety plans for use during weather, health, fire, physical plant, environmental, and national defense emergencies; and (7) the maintenance of minimum financial and other resources necessary to meet the standards established under this Section and to operate the establishment in accordance with this Act. Section 25. License requirement. No person may establish, operate, maintain, or offer an establishment as an assisted living establishment or shared housing establishment as defined by the Act within this State unless and until he or she obtains a valid license, which remains unsuspended, unrevoked, and unexpired. No public official or employee may place any person in, or recommend that any person be placed in, or directly or indirectly cause any person to be placed in any establishment that is being operated without a valid license. An entity that operates as an assisted living or shared housing establishment as defined by this Act without a license shall be subject to the provisions, including penalties, of the Nursing Home Care Act. No entity shall use in its name or advertise "assisted living" unless licensed as an assisted living establishment under this Act or as a shelter care facility under the Nursing Home Care Act that also meets the definition of an assisted living establishment under this Act, except a shared housing establishment licensed under this Act may advertise assisted living services. Section 30. Licensing. (a) The Department, in consultation with the Advisory Board, shall establish by rule forms, procedures, and fees for the annual licensing of assisted living and shared housing establishments; shall establish and enforce sanctions and penalties for operating in violation of this Act, as provided in Section 135 of this Act and rules adopted under Section 110 of this Act. The Department shall conduct an annual on-site review for each establishment covered by this Act, which shall include, but not be limited to, compliance with this Act and rules adopted hereunder, focus on solving resident issues and concerns, and the quality improvement process implemented by the establishment to address resident issues. The quality improvement process implemented by the establishment must benchmark performance, be customer centered, be data driven, and focus on resident satisfaction. (b) An establishment shall provide the following information to the Department to be considered for licensure: (1) the business name, street address, mailing address, and telephone number of the establishment; (2) the name and mailing address of the owner or owners of the establishment and if the owner or owners are not natural persons, identification of the type of business entity of the owners, and the names and addresses of the officers and members of the governing body, or comparable persons for partnerships, limited liability companies, or other types of business
5856 JOURNAL OF THE [May 26, 1999] organizations; (3) financial information, content and form to be determined by rules which may provide different standards for assisted living establishments and shared housing establishments, establishing that the project is financially feasible; (4) the name and mailing address of the managing agent of the establishment, whether hired under a management agreement or lease agreement, if different from the owner or owners, and the name of the full-time director; (5) verification that the establishment has entered or will enter into a service delivery contract as provided in Section 90, as required under this Act, with each resident or resident's representative; (6) the name and address of at least one natural person who shall be responsible for dealing with the Department on all matters provided for in this Act, on whom personal service of all notices and orders shall be made, and who shall be authorized to accept service on behalf of the owner or owners and the managing agent. Notwithstanding a contrary provision of the Code of Civil Procedure, personal service on the person identified pursuant to this subsection shall be considered service on the owner or owners and the managing agent, and it shall not be a defense to any action that personal service was not made on each individual or entity; (7) the signature of the authorized representative of the owner or owners; (8) proof of an ongoing quality improvement program in accordance with rules adopted by the Department in collaboration with the Advisory Board; (9) information about the number and types of units, the maximum census, and the services to be provided at the establishment, proof of compliance with applicable State and local residential standards, and a copy of the standard contract offered to residents; (10) documentation of adequate liability insurance; and (11) other information necessary to determine the identity and qualifications of an applicant or licensee to operate an establishment in accordance with this Act as required by the Department by rule. (c) The information in the statement of ownership shall be public information and shall be available from the Department. Section 35. Issuance of license. (a) Upon receipt and review of an application for a license and review of the applicant establishment, the Director may issue a license if he or she finds: (1) that the individual applicant, or the corporation, partnership, or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of an establishment by virtue of financial capacity, appropriate business or professional experience, a record of lawful compliance with lawful orders of the Department and lack of revocation of a license issued under this Act or the Nursing Home Care Act during the previous 5 years; (2) that the establishment is under the supervision of a full-time director who is at least 21 years of age with ability, training, and education appropriate to meet the needs of the residents and to manage the operations of the establishment and who participates in ongoing training for these purposes; (3) that the establishment has staff sufficient in number with qualifications, adequate skills, education, and experience
HOUSE OF REPRESENTATIVES 5857 to meet the 24 hour scheduled and unscheduled needs of residents and who participate in ongoing training to serve the resident population; (4) that direct care staff meet the requirements of the Health Care Worker Background Check Act; (5) that the applicant is in substantial compliance with this Act and such other requirements for a license as the Department by rule may establish under this Act; (6) that the applicant pays all required fees; (7) that the applicant has provided to the Department an accurate disclosure document in accordance with the Alzheimer's Special Care Disclosure Act. Any license issued by the Director shall state the physical location of the establishment, the date the license was issued, and the expiration date. All licenses shall be valid for one year, except as provided in Section 40. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable. Section 40. Probationary licenses. If the applicant has not been previously licensed under this Act or if the establishment is not in operation at the time the application is made, the Department may issue a probationary license. A probationary license shall be valid for 120 days unless sooner suspended or revoked. Within 30 days prior to the termination of a probationary license, the Department shall fully and completely review the establishment and, if the establishment meets the applicable requirements for licensure, shall issue a license. If the Department finds that the establishment does not meet the requirements for licensure, but has made substantial progress toward meeting those requirements, the license may be renewed once for a period not to exceed 120 days from the expiration date of the initial probationary license. Section 45. Renewal of licenses. At least 120 days, but not more than 150 days prior to license expiration, the licensee shall submit an application for renewal of the license in such form and containing such information as the Department requires. If the application is approved, the license shall be renewed for an additional one-year period. If appropriate, the renewal application shall not be approved unless the applicant has provided to the Department an accurate disclosure document in accordance with the Alzheimer's Special Care Disclosure Act. If the application for renewal is not timely filed, the Department shall so inform the licensee. Section 50. Transfer of ownership. (a) Whenever ownership of an establishment is transferred from the person named in the license to any other person, the transferee must obtain a new probationary license. The transferee shall notify the Department of the transfer and apply for a new license at least 30 days prior to final transfer. (b) The transferor shall notify the Department at least 30 days prior to final transfer. The transferor shall remain responsible for the operation of the establishment until such time as a license is issued to the transferee. Section 55. Grounds for denial of a license. An application for a license may be denied for any of the following reasons: (1) failure to meet any of the standards set forth in this Act or by rules adopted by the Department under this Act; (2) conviction of the applicant, or if the applicant is a firm, partnership, or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the establishment, of a felony or of 2 or more
5858 JOURNAL OF THE [May 26, 1999] misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction; (3) personnel insufficient in number or unqualified by training or experience to properly care for the residents; (4) insufficient financial or other resources to operate and conduct the establishment in accordance with standards adopted by the Department under this Act; (5) revocation of a license during the previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this Section must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of meeting or maintaining an establishment in accordance with the standards and rules adopted by the Department under this Act; or (6) the establishment is not under the direct supervision of a full-time director, as defined by rule. Section 60. Notice of denial; request for hearing; hearing. (a) Immediately upon the denial of any application or reapplication for a license under this Act, the Department shall notify the applicant in writing. Notice of denial shall include a clear and concise statement of the violations of this Act on which the denial is based and notice of the opportunity for a hearing. If the applicant or licensee wishes to contest the denial of a license, it shall provide written notice to the Department of a request for a hearing within 10 days after receipt of the notice of denial. The Department shall commence a hearing under this Section. (b) A request for a hearing by aggrieved persons shall be taken to the Department as follows: (1) Upon the receipt of a request in writing for a hearing, the Director or a person designated in writing by the Director to act as a hearing officer shall conduct a hearing to review the decision. (2) Before the hearing is held notice of the hearing shall be sent by the Department to the person making the request for the hearing and to the person making the decision which is being reviewed. In the notice the Department shall specify the date, time, and place of the hearing, which shall be held not less than 10 days after the notice is mailed or delivered. The notice shall designate the decision being reviewed. The notice may be served by delivering it personally to the parties or their representatives or by mailing it by certified mail to the parties' addresses. (3) The Department shall commence the hearing within 30 days after the receipt of request for hearing. The hearing shall proceed as expeditiously as practicable, but in all cases shall conclude within 90 days after commencement. (c) The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which time the applicant or licensee shall be afforded an opportunity to present all relevant matter in support of his or her position. In the event of the inability of any party or the Department to procure the attendance of witnesses to give testimony or produce books and papers, any party or the Department may take the deposition of witnesses in accordance with the provisions of the laws of this State. All testimony shall be reduced to writing, and all testimony
HOUSE OF REPRESENTATIVES 5859 and other evidence introduced at the hearing shall be a part of the record of the hearing. (d) The Director or hearing officer shall make findings of fact in the hearing, and the Director shall render his or her decision within 30 days after the termination of the hearing, unless additional time not to exceed 90 days is required by him or her for a proper disposition of the matter. When the hearing has been conducted by a hearing officer, the Director shall review the record and findings of fact before rendering a decision. All decisions rendered by the Director shall be binding upon and complied with by the Department, the establishment, or the persons involved in the hearing, as appropriate to each case. Section 65. Revocation, suspension, or refusal to renew license. (a) The Department, after notice to the applicant or licensee, may suspend, revoke, or refuse to renew a license in any case in which the Department finds any of the following: (1) that there has been a substantial failure to comply with this Act or the rules promulgated by the Department under this Act; (2) that there has been a conviction of the licensee, or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction; (3) that the personnel is insufficient in number or unqualified by training or experience to properly care for the number and type of residents served by the establishment; (4) that the financial or other resources are insufficient to conduct and operate the establishment in accordance with standards promulgated by the Department under this Act; or (5) that the establishment is not under the direct supervision of a full-time director, as defined by rule. (b) Notice under this Section shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated, and notice of the opportunity for a hearing under Section 60. (c) If an establishment desires to contest the nonrenewal or revocation of a license, the establishment shall, within 10 days after receipt of notice under subsection (b) of this Section, notify the Department in writing of its request for a hearing under Section 60. Upon receipt of the request the Department shall send notice to the establishment and hold a hearing as provided under Section 60. (d) The effective date of nonrenewal or revocation of a license by the Department shall be any of the following: (1) until otherwise ordered by the circuit court, revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 60, whichever is later; (2) until otherwise ordered by the circuit court, nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 60, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal; or (3) the Department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents. (e) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax,
5860 JOURNAL OF THE [May 26, 1999] penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied. Section 70. Service requirements. An establishment must provide all mandatory services and may provide optional services, including medication reminders, supervision of self-administered medication and medication administration as defined by this Section and nonmedical services defined by rule, whether provided directly by the establishment or by another entity arranged for by the establishment with the consent of the resident or the resident's representative. For the purposes of this Section, "medication reminders" means reminding residents to take pre-dispensed, self-administered medication, observing the resident, and documenting whether or not the resident took the medication. For the purposes of this Section, "supervision of self-administered medication" means assisting the resident with self-administered medication using any combination of the following: reminding residents to take medication, reading the medication label to residents, checking the self-administered medication dosage against the label of the medication, confirming that residents have obtained and are taking the dosage as prescribed, and documenting in writing that the resident has taken (or refused to take) the medication. If residents are physically unable to open the container, the container may be opened for them. Supervision of self-administered medication shall be under the direction of a licensed health care professional. For the purposes of this Section, "medication administration" refers to a licensed health care professional employed by an establishment engaging in administering routine insulin and vitamin B-12 injections, oral medications, topical treatments, eye and ear drops, or nitroglycerin patches. Non-licensed staff may not administer any medication. The Department shall specify by rule procedures for medication reminders, supervision of self-administered medication, and medication administration. Nothing in this Act shall preclude a physician licensed to practice medicine in all its branches from providing services to any resident. Section 75. Residency Requirements. (a) No individual shall be accepted for residency or remain in residence if the establishment cannot provide or secure appropriate services, if the individual requires a level of service or type of service for which the establishment is not licensed or which the establishment does not provide, or if the establishment does not have the staff appropriate in numbers and with appropriate skill to provide such services. (b) Only adults may be accepted for residency. (c) A person shall not be accepted for residency if: (1) the person poses a serious threat to himself or herself or to others; (2) the person is not able to communicate his or her needs and no resident representative residing in the establishment, and with a prior relationship to the person, has been appointed to direct the provision of services; (3) the person requires total assistance with 2 or more activities of daily living; (4) the person requires the assistance of more than one paid caregiver at any given time with an activity of daily living; (5) the person requires more than minimal assistance in
HOUSE OF REPRESENTATIVES 5861 moving to a safe area in an emergency; (6) the person has a severe mental illness, which for the purposes of this Section means a condition that is characterized by the presence of a major mental disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association, 1994), where the individual is substantially disabled due to mental illness in the areas of self-maintenance, social functioning, activities of community living and work skills, and the disability specified is expected to be present for a period of not less than one year, but does not mean Alzheimer's disease and other forms of dementia based on organic or physical disorders; (7) the person requires intravenous therapy or intravenous feedings unless self-administered or administered by a qualified, licensed health care professional; (8) the person requires gastrostomy feedings unless self-administered or administered by a licensed health care professional; (9) the person requires insertion, sterile irrigation, and replacement of catheter, except for routine maintenance of urinary catheters, unless the catheter care is self-administered or administered by a licensed health care professional; (10) the person requires sterile wound care unless care is self-administered or administered by a licensed health care professional; (11) the person requires sliding scale insulin administration unless self-performed or administered by a licensed health care professional; (12) the person is a diabetic requiring routine insulin injections unless the injections are self-administered or administered by a licensed health care professional; (13) the person requires treatment of stage 3 or stage 4 decubitus ulcers or exfoliative dermatitis; (14) the person requires 5 or more skilled nursing visits per week for conditions other than those listed in items (13) and (15) of this subsection for a period of 3 consecutive weeks or more except when the course of treatment is expected to extend beyond a 3 week period for rehabilitative purposes and is certified as temporary by a physician; or (15) other reasons prescribed by the Department by rule. (d) A resident with a condition listed in items (1) through (15) of subsection (c) shall have his or her residency terminated. (e) Residency shall be terminated when services available to the resident in the establishment are no longer adequate to meet the needs of the resident. This provision shall not be interpreted as limiting the authority of the Department to require the residency termination of individuals. (f) Subsection (d) of this Section shall not apply to terminally ill residents who receive or would qualify for hospice care coordinated by a hospice licensed under the Hospice Program Licensing Act or other licensed health care professional employed by a licensed home health agency and the establishment and all parties agree to the continued residency. (g) Items (3), (4), (5), and (9) of subsection (c) shall not apply to a quadriplegic, paraplegic, or individual with neuro-muscular diseases, such as muscular dystrophy and multiple sclerosis, or other chronic diseases and conditions as defined by rule if the individual is able to communicate his or her needs and does not require assistance with complex medical problems, and the establishment is able to accommodate the individual's needs. The Department shall prescribe rules pursuant to this Section that
5862 JOURNAL OF THE [May 26, 1999] address special safety and service needs of these individuals. (h) For the purposes of items (7) through (11) of subsection (c), a licensed health care professional may not be employed by the establishment. An agency or entity employing licensed health care professionals that has common ownership with an establishment shall not exclusively market services to that establishment. Nothing in this Section is meant to limit a resident's right to choose his or her health care provider. Section 80. Involuntary termination of residency. (a) Residency shall be involuntarily terminated only for the following reasons: (1) as provided in Section 75 of this Act; (2) nonpayment of contracted charges after the resident and the resident's representative have received a minimum of 30-days written notice of the delinquency and the resident or the resident's representative has had at least 15 days to cure the delinquency; or (3) failure to execute a service delivery contract or to substantially comply with its terms and conditions, failure to comply with the assessment requirements contained in Section 15, or failure to substantially comply with the terms and conditions of the lease agreement. (b) A 30 day written notice of residency termination shall be provided to the resident, the resident's representative, or both, and the long term care ombudsman, which shall include the reason for the pending action, the date of the proposed move, and a notice, the content and form to be set forth by rule, of the resident's right to appeal, the steps that the resident or the resident's representative must take to initiate an appeal, and a statement of the resident's right to continue to reside in the establishment until a decision is rendered. The notice shall include a toll free telephone number to initiate an appeal and a written hearing request form, together with a postage paid, pre-addressed envelope to the Department. If the resident or the resident's representative, if any, cannot read English, the notice must be provided in a language the individual receiving the notice can read or the establishment must provide a translator who has been trained to assist the resident or the resident's representative in the appeal process. In emergency situations as defined in Section 10 of this Act, the 30-day provision of the written notice may be waived. (c) The establishment shall attempt to resolve with the resident or the resident's representative, if any, circumstances that if not remedied have the potential of resulting in an involuntary termination of residency and shall document those efforts in the resident's file. This action may occur prior to or during the 30 day notice period, but must occur prior to the termination of the residency. In emergency situations as defined in Section 10 of this Act, the requirements of this subsection may be waived. (d) A request for a hearing shall stay an involuntary termination of residency until a decision has been rendered by the Department, according to a process adopted by rule. During this time period, the establishment may not terminate or reduce any service for the purpose of making it more difficult or impossible for the resident to remain in the establishment. (e) The establishment shall offer the resident and the resident's representative, if any, residency termination and relocation assistance including information on available alternative placement. Residents shall be involved in planning the move and shall choose among the available alternative placements except when an emergency situation makes prior resident involvement impossible. Emergency placements are deemed temporary until the resident's input
HOUSE OF REPRESENTATIVES 5863 can be sought in the final placement decision. No resident shall be forced to remain in a temporary or permanent placement. (f) The Department may offer assistance to the establishment and the resident in the preparation of residency termination and relocation plans to assure safe and orderly transition and to protect the resident's health, safety, welfare, and rights. In nonemergencies, and where possible in emergencies, the transition plan shall be designed and implemented in advance of transfer or residency termination. Section 85. Contract requirements. No entity may establish, operate, conduct, or maintain an establishment in this State unless a written service delivery contract is executed between the establishment and each resident or resident's representative in accordance with Section 90 and unless the establishment operates in accordance with the terms of the contract. The resident or the resident's representative shall be given a complete copy of the contract and all supporting documents and attachments and any changes whenever changes are made. If the resident does not understand English and if translated documents are not available, the establishment must explain its policies to a responsible relative or friend or another individual who has agreed to communicate the information to the resident. Section 90. Contents of service delivery contract. A contract between an establishment and a resident must be entitled "assisted living establishment contract" or "shared housing establishment contract" as applicable, shall be printed in no less than 12 point type, and shall include at least the following elements in the body or through supporting documents or attachments: (1) the name, street address, and mailing address of the establishment; (2) the name and mailing address of the owner or owners of the establishment and, if the owner or owners are not natural persons, the type of business entity of the owner or owners; (3) the name and mailing address of the managing agent of the establishment, whether hired under a management agreement or lease agreement, if the managing agent is different from the owner or owners; (4) the name and address of at least one natural person who is authorized to accept service on behalf of the owners and managing agent; (5) a statement describing the license status of the establishment and the license status of all providers of health-related or supportive services to a resident under arrangement with the establishment; (6) the duration of the contract; (7) the base rate to be paid by the resident and a description of the services to be provided as part of this rate; (8) a description of any additional services to be provided for an additional fee by the establishment directly or by a third party provider under arrangement with the establishment; (9) the fee schedules outlining the cost of any additional services; (10) a description of the process through which the contract may be modified, amended, or terminated; (11) a description of the establishment's complaint resolution process available to residents and notice of the availability of the Department on Aging's Senior Helpline for complaints; (12) the name of the resident's designated representative, if any; (13) the resident's obligations in order to maintain
5864 JOURNAL OF THE [May 26, 1999] residency and receive services including compliance with all assessments required under Section 15; (14) the billing and payment procedures and requirements; (15) a statement affirming the resident's freedom to receive services from service providers with whom the establishment does not have a contractual arrangement, which may also disclaim liability on the part of the establishment for those services; (16) a statement that medical assistance under Article V or Article VI of the Illinois Public Aid Code is not available for payment for services provided in an establishment; (17) a statement detailing the admission, risk management, and residency termination criteria and procedures; (18) a statement listing the rights specified in Section 95 and acknowledging that, by contracting with the assisted living or shared housing establishment, the resident does not forfeit those rights; and (19) a statement detailing the Department's annual on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule. Section 95. Resident rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of an establishment, nor shall a resident forfeit any of the following rights: (1) the right to retain and use personal property and a place to store personal items that is locked and secure; (2) the right to refuse services and to be advised of the consequences of that refusal; (3) the right to respect for bodily privacy and dignity at all times, especially during care and treatment; (4) the right to the free exercise of religion; (5) the right to privacy with regard to mail, phone calls, and visitors; (6) the right to uncensored access to the State Ombudsman or his or her designee; (7) the right to be free of retaliation for criticizing the establishment or making complaints to appropriate agencies; (8) the right to be free of chemical and physical restraints; (9) the right to be free of abuse or neglect or to refuse to perform labor; (10) the right to confidentiality of the resident's medical records; (11) the right of access and the right to copy the resident's personal files maintained by the establishment; (12) the right to 24 hours access to the establishment; (13) the right to a minimum of 90-days notice of a planned establishment closure; (14) the right to a minimum of 30-days notice of an involuntary residency termination, except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; and (15) the right to a 30-day notice of delinquency and at least 15 days right to cure delinquency. Section 100. Notice of closure. An owner of an establishment licensed under this Act shall give 90 days notice prior to voluntarily closing the establishment or prior to closing any part of the establishment if closing the part will require residency
HOUSE OF REPRESENTATIVES 5865 termination. The notice shall be given to the Department, to any resident who must have their residency terminated, the resident's representative, and to a member of the resident's family, where practicable. The notice shall state the proposed date of closing and the reason for closing. The establishment shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternative placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. The establishment shall comply with all applicable laws and rules until the date of closing, including those related to residency termination. Section 105. Record retention. Service delivery contracts and related documents executed by each resident or resident's representative shall be maintained by an establishment subject to this Act from the date of execution until 3 years after the contract is terminated. The establishment shall also maintain and retain records to support compliance with each individual contract and with applicable federal and State rules. The records and supporting documents, as defined by rule, shall be made available for on-site inspection by the Department upon request at any time. Section 110. Powers and duties of the Department. (a) The Department shall conduct an annual unannounced on-site visit at each assisted living and shared housing establishment to determine compliance with applicable licensure requirements and standards. Additional visits may be conducted without prior notice to the assisted living or shared housing establishment. (b) Upon receipt of information that may indicate the failure of the assisted living or shared housing establishment or a service provider to comply with a provision of this Act, the Department shall investigate the matter or make appropriate referrals to other government agencies and entities having jurisdiction over the subject matter of the possible violation. The Department may also make referrals to any public or private agency that the Department considers available for appropriate assistance to those involved. The Department may oversee and coordinate the enforcement of State consumer protection policies affecting residents residing in an establishment licensed under this Act. (c) The Department shall establish by rule complaint receipt, investigation, resolution, and involuntary residency termination procedures. Resolution procedures shall provide for on-site review and evaluation of an assisted living or shared housing establishment found to be in violation of this Act within a specified period of time based on the gravity and severity of the violation and any pervasive pattern of occurrences of the same or similar violations. (d) The Director shall establish an Assisted Living and Shared Housing Advisory Board. (e) The Department shall by rule establish penalties and sanctions, which shall include, but need not be limited to, the creation of a schedule of graduated penalties and sanctions to include closure. (f) The Department shall by rule establish procedures for disclosure of information to the public, which shall include, but not be limited to, ownership, licensure status, frequency of complaints, disposition of substantiated complaints, and disciplinary actions. (g) The Department shall cooperate with, seek the advice of, and collaborate with the Assisted Living and Shared Housing Quality of Life Advisory Committee in the Department on Aging on matters related to the responsibilities of the Committee. Consistent with subsection (d) of Section 125, the Department shall provide to the Department on
5866 JOURNAL OF THE [May 26, 1999] Aging for distribution to the committee copies of all administrative rules and changes to administrative rules for review and comment prior to notice being given to the public. If the Committee, having been asked for its review, fails to respond within 90 days, the rules shall be considered acted upon. (h) Beginning January 1, 2000, the Department shall begin drafting rules necessary for the administration of this Act. Section 115. Reports and access to information. The Department may require periodic reports and shall have access to and may reproduce or photocopy at its cost any books, records or other documents maintained by the establishment to the extent necessary to carry out this Act and shall not divulge or disclose the contents of a resident's record obtained under this Section in violation of this Act. Section 120. Consent to review. A licensee or applicant for a license shall be deemed to have given consent to any authorized officer, employee, or agent of the Department to enter and review the establishment in accordance with this Act, except that entrance to individual rooms shall only be given with the consent of the resident or the resident's representative. Refusal to permit entry or review shall constitute grounds for denial, nonrenewal, or revocation of a license. Section 125. Assisted Living and Shared Housing Advisory Board. (a) The Director shall appoint the Assisted Living and Shared Housing Advisory Board which shall be responsible for advising the Director in all aspects of the administration of the Act. (b) The Board shall be comprised of the following persons: (1) the Director who shall serve as chair, ex officio and nonvoting; (2) the Director of Aging who shall serve as vice-chair, ex officio and nonvoting; (3) one representative each of the Departments of Public Health, Public Aid, and Human Services, the Department on Aging, the Office of the State Fire Marshal, and the Illinois Housing Development Authority, all nonvoting members; (4) the State Ombudsman or his or her designee; (5) one representative of the Association of Area Agencies on Aging; (6) four members selected from the recommendations by provider organizations whose membership consist of nursing care or assisted living establishments; (7) one member selected from the recommendations of provider organizations whose membership consists of home health agencies; (8) two residents of assisted living or shared housing establishments; (9) three members selected from the recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of the senior population; (10) one member who shall be a physician; (11) one member who shall be a registered professional nurse selected from the recommendations of professional nursing associations; and (12) two citizen members with expertise in the area of gerontology research or legal research regarding implementation of assisted living statutes. (c) Members of the Board created by this Act shall be appointed to serve for terms of 3 years. All members shall be appointed no sooner than January 1, 2000 and no later than March 1, 2000. One third of the Board members' initial terms shall expire in one year; one third in 2 years, and one third in 3 years. A member's term does
HOUSE OF REPRESENTATIVES 5867 not expire until a successor is appointed by the Director. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Board shall meet at the call of the Director. The affirmative vote of 9 members of the Board shall be necessary for Board action. Members of this Board shall receive no compensation for their services, however, resident members shall be reimbursed for their actual expenses. (d) The Board shall be provided copies of all administrative rules and changes to administrative rules for review and comment prior to notice being given to the public. If the Board, having been asked for its review, fails to advise the Department within 90 days, the rules shall be considered acted upon. Section 130. Assisted Living and Shared Housing Quality of Life Advisory Committee. (a) For the purpose of this Section only, "Department" means the Department on Aging and "Director" means the Director of Aging. (b) There shall be established within the Department on Aging the Assisted Living and Shared Housing Quality of Life Advisory Committee. The committee shall give advice to the Department on activities of the assisted living ombudsman and all other matters deemed relevant by the Director and to the Director of Public Health on the delivery of personal care services, the unique needs and concerns of seniors residing in housing projects, and all other issues affecting the quality of life of residents. At least 3 members of the committee must serve on the Assisted Living and Shared Housing Advisory Board. The committee shall be comprised of 19 members appointed by the Director and composed of the following persons or their designees: the State Ombudsman; the Director of the Division of Long Term Care; the Director of the Division of Older American Services; one member representing the Department of Public Health; one member representing the Area Agencies on Aging; one member representing agencies providing case coordination services; 3 members each representing different provider organizations whose membership consists of residential facilities serving seniors; 2 members representing providers of community care services; one member representing the Community Based Residential Facility projects; one member representing the Department of Public Aid's Supportive Living Facilities; two residents of assisted living or shared housing establishments; 2 members representing consumer groups that engage solely in advocacy or legal representation on behalf of the senior population; and 2 citizen members with expertise in either gerontology research or legal research regarding the implementation of assisted living statutes. The Director or his or her designee shall serve as the ex officio and nonvoting chair. The Director of Public Health or his or her designee shall serve as the ex officio and nonvoting vice-chair. A quorum shall consist of 10 voting members and all decisions shall be made by simple majority. Members of the committee shall serve for 3 years or until a replacement has been named. Initial appointments shall have staggered terms to permit no more than one-third of the committee to be reappointed each year. Members of the committee shall not receive compensation for their services or expenses, except resident members, who shall be reimbursed for actual expenses. The committee shall review and comment on proposed rules to be promulgated pursuant to this Act by the Director or the Director of Public Health. The Director of Public Health shall provide copies of rules pursuant to subsection (h) of Section 110. The Director shall provide the committee copies of all administrative rules and changes to administrative rules for review and comment prior to notice being given to the public. If the committee, having been asked for its
5868 JOURNAL OF THE [May 26, 1999] review, fails to respond within 90 days, the rules shall be considered acted upon. (c) The Department shall conduct a study or contract for the conducting of a study to review the effects of this Act on the availability of housing for seniors. The study shall evaluate whether (i) sufficient housing exists to meet the needs of Illinois seniors for housing, (ii) the services available under this Act meet the needs of Illinois seniors, (iii) the private sector marketplace is an adequate supplier of housing with services for seniors, and (iv) any other consideration the Department and the Department of Public Health deem relevant. The Department of Public Health Assisted Living and Shared Housing Advisory Board shall serve in an advisory capacity to the Department and the Committee in the development of this report. (d) The study mandated by subsection (c) shall be completed and its findings and recommendations reported to the General Assembly no later than January 1, 2003. Section 135. Civil penalties. (a) The Department may assess a civil penalty not to exceed $5,000 against any establishment subject to this Act for violations of this Act. Each day a violation continues shall be deemed a separate violation. (b) Beginning 180 days after the adoption of rules under this Act, the Department may assess a civil penalty not to exceed $3,000 against any establishment subject to this Act for caring for a resident who exceeds the care needs defined in this Act. Each day a violation continues shall be deemed a separate violation. (c) The Department is authorized to hold hearings in contested cases regarding appeals of the penalties assessed pursuant to this Section. Section 140. State and private funding. Nothing in this Act shall: (1) require or authorize the State agency responsible for the administration of the medical assistance program established under Article V and Article VI of the Illinois Public Aid Code to approve, supply, or cover services provided in an assisted living or shared housing establishment; (2) require an agency or a managed care organization to approve, supply, or cover services provided in an assisted living or shared housing establishment; or (3) require any other third party payer to approve, supply or cover medically necessary home care services provided in an assisted living establishment. Section 145. Conversion of facilities. Entities licensed as facilities under the Nursing Home Care Act may elect to convert to a license under this Act. Any facility that chooses to convert, in whole or in part, shall follow the requirements in the Nursing Home Care Act and rules promulgated under that Act regarding voluntary closure and notice to residents. Any conversion of existing beds licensed under the Nursing Home Care Act to licensure under this Act is exempt from review by the Health Facilities Planning Board. Section 150. Alzheimer and dementia programs. (a) Except as provided in this Section, Alzheimer and dementia programs shall comply with provisions of this Act. (b) No person shall be admitted or retained if the assisted living or shared housing establishment cannot provide or secure appropriate care, if the resident requires a level of service or type of service for which the establishment is not licensed or which the establishment does not provide, or if the establishment does not have the staff appropriate in numbers and with appropriate skill to provide such services.
HOUSE OF REPRESENTATIVES 5869 (c) No person shall be accepted for residency or remain in residence if the person's mental or physical condition has so deteriorated to render residency in such a program to be detrimental to the health, welfare or safety of the person or of other residents of the establishment. The Department by rule shall identify a validated dementia-specific standard with inter-rater reliability that will be used to assess individual residents. The assessment must be approved by the resident's physician and shall occur prior to acceptance for residency, annually, and at such time that a change in the resident's condition is identified by a family member, staff of the establishment, or the resident's physician. (d) No person shall be accepted for residency or remain in residence if the person is dangerous to self or others and the establishment would be unable to eliminate the danger through the use of appropriate treatment modalities. (e) No person shall be accepted for residency or remain in residence if the person meets the criteria provided in subsections (b) through (g) of Section 75 of this Act. (f) An establishment that offers to provide a special program or unit for persons with Alzheimer's disease and related disorders shall: (1) disclose to the Department and to a potential or actual resident of the establishment information as specified under the Alzheimer's Special Care Disclosure Act; (2) ensure that a resident's representative is designated for the resident; (3) develop and implement policies and procedures that ensure the continued safety of all residents in the establishment including, but not limited to, those who: (A) may wander; and (B) may need supervision and assistance when evacuating the building in an emergency; (4) provide coordination of communications with each resident, resident's representative, relatives and other persons identified in the resident's service plan; (5) provide cognitive stimulation and activities to maximize functioning; (6) provide an appropriate number of staff for its resident population, as established by rule; (7) require the director or administrator and direct care staff to complete sufficient comprehensive and ongoing dementia and cognitive deficit training, the content of which shall be established by rule; and (8) develop emergency procedures and staffing patterns to respond to the needs of residents. Section 155. Application of Act. An establishment licensed under this Act shall obtain and maintain all other licenses, permits, certificates, and other governmental approvals required of it, except that a licensed assisted living or shared housing establishment is exempt from the provisions of the Illinois Health Facilities Planning Act. An establishment licensed under this Act shall comply with the requirements of all local, State, federal, and other applicable laws, rules, and ordinances and the National Fire Protection Association's Life Safety Code. Section 165. Assisted Living and Shared Housing Regulatory Fund. There is created in the State treasury a special fund to be known as the Assisted Living and Shared Housing Regulatory Fund. All moneys received by the Department under this Act shall be deposited into the Fund. Subject to appropriation, moneys in the Fund shall be used for the administration of this Act. Interest earned on moneys in the Fund shall be deposited into the Fund.
5870 JOURNAL OF THE [May 26, 1999] Section 160. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. Section 189. The Illinois Act on the Aging is amended by changing Section 4.04 as follows: (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04) Sec. 4.04. Long Term Care Ombudsman Program. (a) Long Term Care Ombudsman Program. The Department shall establish a Long Term Care Ombudsman Program, through the Office of State Long Term Care Ombudsman ("the Office"), in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended. (b) Definitions. As used in this Section, unless the context requires otherwise: (1) "Access" has the same meaning as in Section 1-104 of the Nursing Home Care Act, as now or hereafter amended; that is, it means the right to: (i) Enter any long term care facility or assisted living or shared housing establishment; (ii) Communicate privately and without restriction with any resident who consents to the communication; (iii) Seek consent to communicate privately and without restriction with any resident; (iv) Inspect the clinical and other records of a resident with the express written consent of the resident; (v) Observe all areas of the long term care facility or assisted living or shared housing establishment except the living area of any resident who protests the observation. (2) "Long Term Care Facility" means any facility as defined by Section 1-113 of the Nursing Home Care Act, as now or hereafter amended. (2.5) "Assisted living establishment" and "shared housing establishment" have the meanings given those terms in Section 10 of the Assisted Living and Shared Housing Act. (3) "Ombudsman" means any person employed by the Department to fulfill the requirements of the Office, or any representative of a sub-State long term care ombudsman program; provided that the representative, whether he is paid for or volunteers his ombudsman services, shall be qualified and authorized by the Department to perform the duties of an ombudsman as specified by the Department in rules. (c) Ombudsman; rules. The Office of State Long Term Care Ombudsman shall be composed of at least one full-time ombudsman within the Department and shall include a system of designated sub-State long term care ombudsman programs. Each sub-State program shall be designated by the Department as a subdivision of the Office and any representative of a sub-State program shall be treated as a representative of the Office. The Department shall promulgate administrative rules to establish the responsibilities of the Department and the Office of State Long Term Care Ombudsman. The administrative rules shall include the responsibility of the Office to investigate and resolve complaints made by or on behalf of residents of long term care facilities and assisted living and shared housing establishments relating to actions, inaction, or decisions of providers, or their representatives, of long term care facilities, of assisted living and shared housing establishments, of public agencies, or of social services agencies, which may adversely affect the health, safety, welfare, or rights of such residents. When necessary and appropriate, representatives of the Office shall refer complaints to the appropriate regulatory State agency.
HOUSE OF REPRESENTATIVES 5871 (d) Access and visitation rights. (1) In accordance with subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1819 and subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1919 of the Social Security Act, as now or hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section 307(a)(12) of the Older Americans Act of 1965, as now or hereafter amended, a long term care facility, assisted living establishment, and shared housing establishment must: (i) permit immediate access to any resident by an ombudsman; and (ii) permit representatives of the Office, with the permission of the resident's legal representative or legal guardian, to examine a resident's clinical and other records, and if a resident is unable to consent to such review, and has no legal guardian, permit representatives of the Office appropriate access, as defined by the Department in administrative rules, to the resident's records. (2) Each long term care facility, assisted living establishment, and shared housing establishment shall display, in multiple, conspicuous public places within the facility accessible to both visitors and patients and in an easily readable format, the address and phone number of the Office, in a manner prescribed by the Office. (e) Immunity. An ombudsman or any other representative of the Office participating in the good faith performance of his or her official duties shall have immunity from any liability (civil, criminal or otherwise) in any proceedings (civil, criminal or otherwise) brought as a consequence of the performance of his official duties. (f) Business offenses. (1) No person shall: (i) Intentionally prevent, interfere with, or attempt to impede in any way any representative of the Office in the performance of his official duties under this Act and the Older Americans Act of 1965; or (ii) Intentionally retaliate, discriminate against, or effect reprisals against any long term care facility resident or employee for contacting or providing information to any representative of the Office. (2) A violation of this Section is a business offense, punishable by a fine not to exceed $501. (3) The Director of Aging shall notify the State's Attorney of the county in which the long term care facility is located, or the Attorney General, of any violations of this Section. (g) Confidentiality of records and identities. No files or records maintained by the Office of State Long Term Care Ombudsman shall be disclosed unless the State Ombudsman or the ombudsman having the authority over the disposition of such files authorizes the disclosure in writing. The ombudsman shall not disclose the identity of any complainant, resident, witness or employee of a long term care provider involved in a complaint or report unless such person or such person's guardian or legal representative consents in writing to the disclosure, or the disclosure is required by court order. (h) Legal representation. The Attorney General shall provide legal representation to any representative of the Office against whom suit or other legal action is brought in connection with the performance of the representative's official duties, in accordance with the State Employee Indemnification Act "An Act to provide for representation and indemnification in certain civil law suits", approved December 3, 1977, as now or hereafter amended.
5872 JOURNAL OF THE [May 26, 1999] (i) Treatment by prayer and spiritual means. Nothing in this Act shall be construed to authorize or require the medical supervision, regulation, or control of remedial care or treatment of any resident in a long term care facility operated exclusively by and for members or adherents of any church or religious denomination the tenets and practices of which include reliance solely upon spiritual means through prayer for healing. (Source: P.A. 90-639, eff. 1-1-99.) Section 191. The Illinois Health Facilities Planning Act is amended by changing Section 3 as follows: (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153) Sec. 3. As used in this Act: "Health care facilities" means and includes the following facilities and organizations: 1. An ambulatory surgical treatment center required to be licensed pursuant to the Ambulatory Surgical Treatment Center Act; 2. An institution, place, building, or agency required to be licensed pursuant to the Hospital Licensing Act; 3. Skilled and intermediate long term care facilities Any institution required to be licensed under pursuant to the Nursing Home Care Act; 4. Hospitals, nursing homes, ambulatory surgical treatment centers, or kidney disease treatment centers maintained by the State or any department or agency thereof; and 5. Kidney disease treatment centers, including a free-standing hemodialysis unit. No federally owned facility shall be subject to the provisions of this Act, nor facilities used solely for healing by prayer or spiritual means. No facility licensed under the Supportive Residences Licensing Act or the Assisted Living and Shared Housing Act shall be subject to the provisions of this Act. A facility designated as a supportive living facility that is in good standing with the demonstration project established under Section 5-5.01a of the Illinois Public Aid Code shall not be subject to the provisions of this Act. This Act does not apply to facilities granted waivers under Section 3-102.2 of the Nursing Home Care Act. However, if a demonstration project under that Act applies for a certificate of need to convert to a nursing facility, it shall meet the licensure and certificate of need requirements in effect as of the date of application. This Act shall not apply to the closure of an entity or a portion of an entity licensed under the Nursing Home Care Act that elects to convert, in whole or in part, to an assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Establishment Act. With the exception of those health care facilities specifically included in this Section, nothing in this Act shall be intended to include facilities operated as a part of the practice of a physician or other licensed health care professional, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or professional group. Further, this Act shall not apply to physicians or other licensed health care professional's practices where such practices are carried out in a portion of a health care facility under contract with such health care facility by a physician or by other licensed health care professionals, whether practicing in his individual capacity or within the legal structure of any partnership, medical or professional corporation, or unincorporated medical or
HOUSE OF REPRESENTATIVES 5873 professional groups. This Act shall apply to construction or modification and to establishment by such health care facility of such contracted portion which is subject to facility licensing requirements, irrespective of the party responsible for such action or attendant financial obligation. "Person" means any one or more natural persons, legal entities, governmental bodies other than federal, or any combination thereof. "Consumer" means any person other than a person (a) whose major occupation currently involves or whose official capacity within the last 12 months has involved the providing, administering or financing of any type of health care facility, (b) who is engaged in health research or the teaching of health, (c) who has a material financial interest in any activity which involves the providing, administering or financing of any type of health care facility, or (d) who is or ever has been a member of the immediate family of the person defined by (a), (b), or (c). "State Board" means the Health Facilities Planning Board. "Construction or modification" means the establishment, erection, building, alteration, reconstruction, modernization, improvement, extension, discontinuation, change of ownership, of or by a health care facility, or the purchase or acquisition by or through a health care facility of equipment or service for diagnostic or therapeutic purposes or for facility administration or operation, or any capital expenditure made by or on behalf of a health care facility which exceeds the capital expenditure minimum. "Establish" means the construction of a health care facility or the replacement of an existing facility on another site. "Major medical equipment" means medical equipment which is used for the provision of medical and other health services and which costs in excess of the capital expenditure minimum, except that such term does not include medical equipment acquired by or on behalf of a clinical laboratory to provide clinical laboratory services if the clinical laboratory is independent of a physician's office and a hospital and it has been determined under Title XVIII of the Social Security Act to meet the requirements of paragraphs (10) and (11) of Section 1861(s) of such Act. In determining whether medical equipment has a value in excess of the capital expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of such equipment shall be included. "Capital Expenditure" means an expenditure: (A) made by or on behalf of a health care facility (as such a facility is defined in this Act); and (B) which under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance, or is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part; and which exceeds the capital expenditure minimum. For the purpose of this paragraph, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which an expenditure is made shall be included in determining if such expenditure exceeds the capital expenditures minimum. Donations of equipment or facilities to a health care facility which if acquired directly by such facility would be subject to review under this Act shall be considered capital expenditures, and a transfer of equipment or facilities for less than fair market value shall be considered a capital expenditure for purposes of this Act if a transfer of the equipment or facilities at fair market value would be subject to review. "Capital expenditure minimum" means $1,000,000 for major medical
5874 JOURNAL OF THE [May 26, 1999] equipment and $2,000,000 for all other capital expenditures, both of which shall be annually adjusted to reflect the increase in construction costs due to inflation. "Areawide" means a major area of the State delineated on a geographic, demographic, and functional basis for health planning and for health service and having within it one or more local areas for health planning and health service. The term "region", as contrasted with the term "subregion", and the word "area" may be used synonymously with the term "areawide". "Local" means a subarea of a delineated major area that on a geographic, demographic, and functional basis may be considered to be part of such major area. The term "subregion" may be used synonymously with the term "local". "Areawide health planning organization" or "Comprehensive health planning organization" means the health systems agency designated by the Secretary, Department of Health and Human Services or any successor agency. "Local health planning organization" means those local health planning organizations that are designated as such by the areawide health planning organization of the appropriate area. "Physician" means a person licensed to practice in accordance with the Medical Practice Act of 1987, as amended. "Licensed health care professional" means a person licensed to practice a health profession under pertinent licensing statutes of the State of Illinois. "Director" means the Director of the Illinois Department of Public Health. "Agency" means the Illinois Department of Public Health. "Comprehensive health planning" means health planning concerned with the total population and all health and associated problems that affect the well-being of people and that encompasses health services, health manpower, and health facilities; and the coordination among these and with those social, economic, and environmental factors that affect health. "Alternative health care model" means a facility or program authorized under the Alternative Health Care Delivery Act. (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff. 7-1-97.) Section 192. The State Finance Act is amended by adding Section 5.490 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The Assisted Living and Shared Housing Regulatory Fund. Section 193. The Alzheimer's Special Care Disclosure Act is amended by changing Section 10 as follows: (210 ILCS 4/10) Sec. 10. Facility defined. As used in this Act, "facility" means a facility licensed or permitted under the Nursing Home Care Act, the Life Care Facility Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act. (Source: P.A. 90-341, eff. 1-1-98.) Section 194. The Abused and Neglected Long Term Care Facility Residents Reporting Act is amended by changing Section 4 as follows: (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164) Sec. 4. Any long term care facility administrator, agent or employee or any physician, hospital, surgeon, dentist, osteopath, chiropractor, podiatrist, Christian Science practitioner, coroner, social worker, social services administrator, registered nurse, law enforcement officer, field personnel of the Illinois Department of Public Aid, field personnel of the Illinois Department of Public Health and County or Municipal Health Departments, personnel of the
HOUSE OF REPRESENTATIVES 5875 Department of Human Services (acting as the successor to the Department of Mental Health and Developmental Disabilities or the Department of Public Aid), personnel of the Guardianship and Advocacy Commission, personnel of the State Fire Marshal, local fire department inspectors or other personnel, or personnel of the Illinois Department on Aging, or its subsidiary Agencies on Aging, or employee of a facility licensed under the Assisted Living and Shared Housing Act, having reasonable cause to believe any resident with whom they have direct contact has been subjected to abuse or neglect shall immediately report or cause a report to be made to the Department. Persons required to make reports or cause reports to be made under this Section include all employees of the State of Illinois who are involved in providing services to residents, including professionals providing medical or rehabilitation services and all other persons having direct contact with residents; and further include all employees of community service agencies who provide services to a resident of a public or private long term care facility outside of that facility. Any long term care surveyor of the Illinois Department of Public Health who has reasonable cause to believe in the course of a survey that a resident has been abused or neglected and initiates an investigation while on site at the facility shall be exempt from making a report under this Section but the results of any such investigation shall be forwarded to the central register in a manner and form described by the Department. The requirement of this Act shall not relieve any long term care facility administrator, agent or employee of responsibility to report the abuse or neglect of a resident under Section 3-610 of the Nursing Home Care Act. In addition to the above persons required to report suspected resident abuse and neglect, any other person may make a report to the Department, or to any law enforcement officer, if such person has reasonable cause to suspect a resident has been abused or neglected. This Section also applies to residents whose death occurs from suspected abuse or neglect before being found or brought to a hospital. A person required to make reports or cause reports to be made under this Section who fails to comply with the requirements of this Section is guilty of a Class A misdemeanor. (Source: P.A. 89-507, eff. 7-1-97.) Section 195. The Nursing Home Care Act is amended by changing Section 1-113 as follows: (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113) Sec. 1-113. "Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the Federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs. "Facility" does not include the following: (1) A home, institution, or other place operated by the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs; (2) A hospital, sanitarium, or other institution whose principal
5876 JOURNAL OF THE [May 26, 1999] activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act; (3) Any "facility for child care" as defined in the Child Care Act of 1969; (4) Any "Community Living Facility" as defined in the Community Living Facilities Licensing Act; (5) Any "community residential alternative" as defined in the Community Residential Alternatives Licensing Act; (6) Any nursing home or sanatorium operated solely by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety; (7) Any facility licensed by the Department of Human Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act; (8) Any "Supportive Residence" licensed under the Supportive Residences Licensing Act; or (9) Any "supportive living facility" in good standing with the demonstration project established under Section 5-5.01a of the Illinois Public Aid Code; or. (10) Any assisted living or shared housing establishment licensed under the Assisted Living and Shared Housing Act. (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.) Section 196. The Health Care Worker Background Check Act is amended by changing Section 15 as follows: (225 ILCS 46/15) Sec. 15. Definitions. For the purposes of this Act, the following definitions apply: "Applicant" means an individual seeking employment with a health care employer who has received a bona fide conditional offer of employment. "Conditional offer of employment" means a bona fide offer of employment by a health care employer to an applicant, which is contingent upon the receipt of a report from the Department of State Police indicating that the applicant does not have a record of conviction of any of the criminal offenses enumerated in Section 25. "Direct care" means the provision of nursing care or assistance with meals, dressing, movement, bathing, or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being of an individual who is incapable of managing his or her person whether or not a guardian has been appointed for that individual. "Health care employer" means: (1) the owner or licensee of any of the following: (i) a community living facility, as defined in the Community Living Facilities Act; (ii) a life care facility, as defined in the Life Care Facilities Act; (iii) a long-term care facility, as defined in the Nursing Home Care Act; (iv) a home health agency, as defined in the Home Health Agency Licensing Act; (v) a full hospice, as defined in the Hospice Program Licensing Act; (vi) a hospital, as defined in the Hospital Licensing Act;
HOUSE OF REPRESENTATIVES 5877 (vii) a community residential alternative, as defined in the Community Residential Alternatives Licensing Act; (viii) a nurse agency, as defined in the Nurse Agency Licensing Act; (ix) a respite care provider, as defined in the Respite Program Act; (x) an establishment licensed under the Assisted Living and Shared Housing Act; (xi) a supportive living program, as defined in the Illinois Public Aid Code; (2) a day training program certified by the Department of Human Services; or (3) a community integrated living arrangement operated by a community mental health and developmental service agency, as defined in the Community-Integrated Living Arrangements Licensing and Certification Act. "Initiate" means the obtaining of the authorization for a record check from a student, applicant, or employee. The educational entity or health care employer or its designee shall transmit all necessary information and fees to the Illinois State Police within 10 working days after receipt of the authorization. (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97; 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff. 1-1-99.) Section 197. The Criminal Code of 1961 is amended by changing Section 12-19 as follows: (720 ILCS 5/12-19) (from Ch. 38, par. 12-19) Sec. 12-19. Abuse and Gross Neglect of a Long Term Care Facility Resident. (a) Any person or any owner or licensee of a long term care facility who abuses a long term care facility resident is guilty of a Class 3 felony. Any person or any owner or licensee of a long term care facility who grossly neglects a long term care facility resident is guilty of a Class 4 felony. However, nothing herein shall be deemed to apply to a physician licensed to practice medicine in all its branches or a duly licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community. (b) Notwithstanding the penalties in subsections (a) and (c) and in addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused neglect of a resident, the licensee or owner is guilty of a petty offense. An owner or licensee is guilty under this subsection (b) only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising or providing of staff or other related routine administrative responsibilities. (c) Notwithstanding the penalties in subsections (a) and (b) and in addition thereto, if a licensee or owner of a long term care facility or his or her employee has caused gross neglect of a resident, the licensee or owner is guilty of a business offense for which a fine of not more than $10,000 may be imposed. An owner or licensee is guilty under this subsection (c) only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising or providing of staff or other related routine administrative responsibilities. (d) For the purpose of this Section: (1) "Abuse" means intentionally or knowingly causing any physical or mental injury or committing any sexual offense set forth in this Code. (2) "Gross neglect" means recklessly failing to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a
5878 JOURNAL OF THE [May 26, 1999] physical or mental condition. (3) "Neglect" means negligently failing to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a physical or mental condition. (4) "Resident" means a person residing in a long term care facility. (5) "Owner" means the person who owns a long term care facility as provided under the Nursing Home Care Act or an assisted living or shared housing establishment under the Assisted Living and Shared Housing Act. (6) "Licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act or the Assisted Living and Shared Housing Act. (7) "Facility" or "long term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act. (e) Nothing contained in this Section shall be deemed to apply to the medical supervision, regulation or control of the remedial care or treatment of residents in a facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination and which is licensed in accordance with Section 3-803 of the Nursing Home Care Act. (Source: P.A. 86-820; 86-1475.) Section 199. Effective date. This Section, Section 10, Section 110, Section 125, and Section 130 of this Act take effect upon becoming law; the remaining Sections of this Act take effect January 1, 2001.". Submitted on May 26, 1999. s/Sen. Beverly Fawell s/Rep. Joseph M. Lyons s/Sen. Dave Syverson s/Rep. Barbara Flynn Currie s/Sen. Laura Kent Donahue s/Rep. Daniel Burke s/Sen. Barack Obama s/Rep. Mary Lou Cowlishaw s/Sen. Margaret Smith s/Rep. Elizabeth Coulson Committee for the Senate Committee for the House Representative Hannig submitted the following First Conference Committee Report on HOUSE BILL 452 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 452 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the
HOUSE OF REPRESENTATIVES 5879 differences between the houses in relation to Senate Amendments Nos. 1, 2, and 3 to House Bill 452, recommend the following: (1) that the House concur in Senate Amendments Nos. 1, 2, and 3; and (2) that House Bill 452, AS AMENDED, be further amended by inserting after Section 35-10 of Article 35 the following: "Article 40. Section 40-5. Upon the payment of the sum of $1 to the State of Illinois, the Secretary of Transportation is authorized to convey by quitclaim deed to the City of Chicago all access rights to and from existing Stony Island Avenue and the real estate described below and all access rights to and from existing 95th Street and the real estate described below having a distance of 300 feet measured east along 95th Street from the West property line of the following described real estate: PARCEL 1. THE WEST 425.00 FEET, AS MEASURED ON THE NORTH LINE OF AN IRREGULAR PARCEL OF LAND IN THE NORTH WEST 1/4 OF SECTION 12, TOWNSHIP 37, NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4 AND THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTH WEST 1/4; THENCE SOUTH ALONG THE EAST LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4, 581.22 FEET MORE OR LESS TO INTERSECTION WITH A LINE WHICH IS 59 FEET NORTHEASTERLY OF AND PARALLEL TO THE NORTHEASTERLY LINE OF THE ORIGINAL 66 FOOT RIGHT OF WAY OF THE CHICAGO AND WESTERN INDIANA RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 96.40 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES, A DISTANCE OF 1,031.20 FEET TO A POINT; THENCE NORTH, A DISTANCE OF 99.89 FEET TO A POINT IN THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTH WEST 1/4, ALONG A LINE WHICH MAKES A RIGHT ANGLE WITH SAID SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTH WEST 1/4; THENCE WEST 921.71 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART OF THE WEST 425 FEET, AS MEASURED ON THE NORTH LINE, OF AN IRREGULAR PARCEL OF LAND IN THE NORTH WEST 1/4 OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF STONY ISLAND AVENUE (BEING THE EAST LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4) AND THE SOUTH LINE OF 95TH STREET (BEING THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTH WEST 1/4); THENCE SOUTH ALONG SAID EAST LINE FOR A DISTANCE OF 581.22 FEET MORE OR LESS TO THE INTERSECTION OF SAID EAST LINE WITH A LINE WHICH IS 59 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE ORIGINAL 66 FOOT WIDE RIGHT OF WAY OF THE CHICAGO AND WESTERN INDIANA RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE FOR A DISTANCE OF 96.40 FEET; THENCE NORTHEASTERLY ALONG A LINE WHICH IS AT RIGHT ANGLE TO SAID PARALLEL LINE FOR A DISTANCE OF 5 FEET TO A POINT WHICH IS 659.78 FEET SOUTH AND 56.09 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHWESTERLY ALONG A LINE WHICH IS 5 FEET NORTHEASTERLY OF AND PARALLEL WITH THE AFOREMENTIONED PARALLEL LINE FOR A DISTANCE OF 72.64 FEET TO A POINT WHICH IS 598.56 FEET SOUTH AND 17 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHERLY ALONG A LINE WHICH IS 17 FEET EASTERLY OF AN PARALLEL WITH SAID EAST LINE FOR A DISTANCE OF 202.16 FEET; THENCE NORTHEASTERLY FOR A DISTANCE OF 259.12 FEET TO A POINT WHICH IS 139.02 FEET SOUTH AND 47.03 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG
5880 JOURNAL OF THE [May 26, 1999] AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHEASTERLY FOR A DISTANCE OF 52.65 FEET TO A POINT WHICH IS 88.75 FEET SOUTH AND 62.74 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHEASTERLY FOR A DISTANCE OF 35.16 FEET TO A POINT WHICH IS 89.43 FEET EAST AND 64.55 FEET SOUTH OF THE POINT OF BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE NORTHEASTERLY FOR DISTANCE OF 52.65 FEET TO A POINT WHICH IS 141.01 FEET EAST AND 53.57 FEET SOUTH OF THE POINT OF BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE NORTHEASTERLY FOR A DISTANCE OF 284.58 FEET TO A POINT ON THE EAST PROPERTY LINE OF SAID PARCEL OF LAND; THENCE NORTH ALONG SAID EAST PROPERTY LINE FOR A DISTANCE OF 42.60 FEET TO A POINT ON SAID SOUTH LINE, SAID POINT BEGINNING 425 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS. PARCEL 2. A PARCEL OF LAND IN THE NORTH WEST 1/4 OF THE NORTH WEST 1/4 OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE ORIGINAL SOUTH LINE OF EAST 95TH STREET, SAID POINT BEING 405 FEET EAST OF THE EAST LINE OF STONY ISLAND AVENUE; THENCE SOUTH ON A LINE 405 FEET EAST OF AND PARALLEL TO SAID LINE OF 95TH STREET TO ITS INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE BELT RAILWAY COMPANY OF CHICAGO (A DISTANCE OF 433.93 FEET, PLUS OR MINUS), SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING; THENCE SOUTH ALONG THE PREVIOUSLY DESCRIBED LINE EXTENDED A DISTANCE OF 195.07 FEET, MORE OR LESS; THENCE WEST AT RIGHT ANGLES TO LAST DESCRIBED LINE A DISTANCE OF 300 FEET MORE OR LESS, TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF THE BELT RAILWAY COMPANY OF CHICAGO; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. Section 40-10. The Secretary of Transportation shall obtain a certified copy of the portions of this Act containing the title, enacting clause, the appropriate Section containing the land descriptions of the property to be transferred or otherwise affected, and this Section within 60 days after its effective date and, upon receipt of payment required by the Section or Sections, if any payment is required, shall record the certified document in the Recorder's Office in the county which the land is located."; and in Section 90-50, Sec. 7-103, paragraph (48), by replacing "36 months" with "48 36 months"; and in Section 90-50, Sec. 7-103, paragraph (94), by replacing the final period with the following: "; (95) for a period of 3 years after the effective date of this amendatory Act of the 91st General Assembly (in the case of the permanent easements described in items (A) and (C)), by the City of Crest Hill, for acquisition of the following easements: (A) Permanent easement for the purposes of installation, maintenance, and use of water or sewer, or both water and sewer, lines in, along, through, and under the following legally described property: The East 70 feet of the North half of the North half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10, East of the Third Principal Meridian (Except therefrom the North 12 Rods of the East 13 1/2 Rods thereof, and also except the South 99 feet of the East 440 feet thereof), in Will County, Illinois. (B) Temporary easement for purposes of initial construction
HOUSE OF REPRESENTATIVES 5881 of the water or sewer, or both water and sewer, lines in, along, through, and under the permanent easement described in item (A). The temporary easement herein shall arise on September 1, 1999 and shall cease on August 31, 2001 and is legally described as follows: The East 100 feet of the North half of the North half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10, East of the Third Principal Meridian (Except therefrom the North 12 Rods of the East 13 1/2 Rods thereof, and also except the South 99 feet of the East 440 feet thereof), in Will County, Illinois. (C) Permanent easement for the purposes of installation, maintenance, and use of water or sewer, or both water and sewer, lines in, along, through, and under the following legally described property: The East 70 feet of the West 120 feet of the South half of the Southeast Quarter of Section 30, in township 36 North, and in Range 10 East of the Third Principal Meridian, in Will County, Illinois, excepting therefrom the following described tracts: Exception 1: That part of said South half lying Southwesterly of the Northeasterly right-of-way line of the Elgin, Joliet and Eastern Railway Company, in Will County, Illinois. Exception 2: The West 200 feet of said South half, in Will County, Illinois. Exception 3: That part of the South half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian, described as follows: Beginning at a point 250 feet East of the West line of said South half of the Southeast Quarter and 180.58 feet North of the South line of said South half of the Southeast Quarter; thence North along a line 250 feet East of and parallel with the West line of said Southeast Quarter a distance of 1004.55 feet to a point; thence Northwesterly along a diagonal line 65.85 feet to its intersection with a line drawn 200 feet East of and parallel to the West line of said Southeast Quarter, said point also being 100.75 feet South of the North line of the South half of said Southeast Quarter, as measured along said parallel line; thence South along the last described parallel line a distance of 1045.02 feet to a point 50 feet West of the point of beginning and 180.58 feet North of the South line of said Southeast Quarter; thence East 50 feet to the point of beginning, in Will County, Illinois. Exception 4: Beginning at the Southeast comer of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian, thence Northerly along the East line of said Section for a distance of 346.5 feet; thence Westerly along a line 346.5 feet distant from and parallel with the South line of said Section for a distance of 297 feet; thence Southerly along a line 297 feet distant from and parallel with the East line of said Section for a distance of 346.5 feet to a point, said point being on the South line of said Section; thence Easterly along said South line of said Section 297 feet to the point of beginning, in Will County, Illinois. Exception 5: That part dedicated for highway purposes in instrument recorded January 28, 1986 as Document No. R86-03205 described as follows: That part of the South half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian bounded and described as follows: Beginning at the point of intersection of the Northeasterly right-of-way line of the Elgin, Joliet and Eastern
5882 JOURNAL OF THE [May 26, 1999] Railway Company with the South line of said Southeast Quarter, thence on an assumed bearing of North 90.00 degrees 00 minutes 00 seconds East along said South line a distance of 288.02 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 33.0 feet; thence North 86 degrees 25 minutes 22 seconds West a distance of 352.57 feet to the Northeasterly right-of-way line of said railway company; thence South 49 degrees 15 minutes 53 seconds East along said Northeasterly right-of-way line, a distance of 84.28 feet to the point of beginning, in Will County, Illinois. Exception 6: The North 850 feet of the East 1025 feet of the South half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian, in Will County, Illinois. (D) Temporary easement for purposes of initial construction of the water or sewer, or both water and sewer, lines in, along, through, and under the permanent easement described in item (C). The temporary easement herein shall arise on September 1, 1999 and shall cease on August 31, 2001 and is legally described as follows: The East 100 feet of the West 150 feet of the South half of the Southeast Quarter of Section 30, in Township 36 North, and in Range 10 East of the Third Principal Meridian, in Will County, Illinois, excepting therefrom the following described tracts: Exception 1: That part of said South half lying Southwesterly of the Northeasterly right-of-way line of the Elgin, Joliet and Eastern Railway Company, in Will County, Illinois. Exception 2: The West 200 feet of said South half, in Will County, Illinois. Exception 3: That part of the South half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian, described as follows: Beginning at a point 250 feet East of the West line of said South half of the Southeast Quarter and 180.58 feet North of the South line of said South half of the Southeast Quarter; thence North along a line 250 feet East of and parallel with the West line of said southeast Quarter a distance of 1004.55 feet to a point; thence Northwesterly along a diagonal line 65.85 feet to its intersection with a line drawn 200 feet East of and parallel to the West line of said Southeast Quarter, said point also being 100.75 feet South of the North line of the South half of said Southeast Quarter, as measured along said parallel line; thence South along the last described parallel line a distance of 1045.02 feet to a point 50 feet West of the point of beginning and 180.58 feet North of the South line of said Southeast Quarter; thence East 50 feet to the point of beginning, in Will County, Illinois. Exception 4: Beginning at the Southeast corner of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian, thence Northerly along the East line of said Section for a distance of 346.5 feet; thence Westerly along a line 346.5 feet distant from and parallel with the South line of said Section for a distance of 297 feet; thence Southerly along a line 297 feet distant from and parallel with the East line of said Section for a distance of 346.5 feet to a point, said point being on the South line of said Section; thence Easterly along said South line of said Section 297 feet to the point of beginning, in Will County, Illinois. Exception 5: That part dedicated for highway purposes in instrument recorded January 28, 1986 as Document No. R86-03205
HOUSE OF REPRESENTATIVES 5883 described as follows: That part of the South half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian bounded and described as follows: Beginning at the point of intersection of the Northeasterly right-of-way line of the Elgin, Joliet and Eastern Railway Company with the South line of said Southeast Quarter; thence on an assumed bearing of North 90.00 degrees 00 minutes 00 seconds East along said South line a distance of 288.02 feet; thence North 00 degrees 00 minutes 00 seconds East a distance of 33.0 feet; thence North 86 degrees 25 minutes 22 seconds West a distance of 352.57 feet to the Northeasterly right-of-way line of said railway company; thence South 49 degrees 15 minutes 53 seconds East along said Northeasterly right-of-way line, a distance of 84.28 feet to the point of beginning, in Will County, Illinois. Exception 6: The North 850 feet of the East 1025 feet of the South half of the Southeast Quarter of Section 30, Township 36 North, and in Range 10 East of the Third Principal Meridian, in Will County, Illinois; (96) for a period of 4 years after the effective date of this amendatory Act of the 91st General Assembly, by the Village of Palatine, for the acquisition of the following described property for the purpose of revitalizing the downtown business area: Lots 1 through 3 in Block D of the Subdivision of the North 24.60 acres in the NE 1/4 of the NE 1/4 of Section 22, Township 42, Range 10 East of the Third Principal Meridian, in Cook County, IL; Property bounded by Bothwell Street, Railroad right-of-way, Plum Grove Road and Chicago Avenue in the Village of Palatine; Lots 1 through 8 in Block K, of the Town of Palatine, a subdivision of the West 16 2/3 acres of the South 31 acres of the West 1/2 of the Southwest 1/4 of Section 14 and the Southeast 24.12 acres of the South 31 acres of the East 1/2 of the Southeast 1/4 of Section 15, Township 42 North, Range 10, East of the Third Principal Meridian, Ante-Fire, Re-recorded April 10, 1877 as Document 129579, in Cook County, Illinois; Property bounded by Wilson Street, Plum Grove Road, Slade Street, Railroad right-of-way and Bothwell Street in the Village of Palatine; Lots 1 through 8 in Block 8 of the Subdivision of part of the East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on April 10, 1877 as Document Number 129579; Lots 20 and 21 and the West 71.25 feet of Lot 24 of Arthur T. McIntosh and Company's Palatine Farms, being a subdivision of Section 16, Township 42, Range 10 East of the Third Principal Meridian, in Cook County, IL, recorded on June 16, 1919; Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of Section 15, Township 42, Range 10 East of the Third Principal Meridian, in Cook County, IL; Property bounded by Colfax Street, Smith Street and Millin's Subdivision of the SE 1/4 of Section 15, Township 42, Range 10 East of the Third Principal Meridian, in Cook County, IL; Property bounded by Wood Street, Brockway Street and Railroad right-of-way in the Village of Palatine; Lots 45 through 50 and 58 through 64 of Arthur T. McIntosh and Company's Palatine Farms, being a subdivision of Section 16, Township 42, Range 10 East of the Third Principal Meridian, in Cook County, IL, recorded on June 16, 1919; and Property bounded by Railroad right-of-way, Brockway Street and Slade Street in the Village of Palatine.". Submitted on May 26, 1999.
5884 JOURNAL OF THE [May 26, 1999] s/Sen. William Mahar s/Rep. Gary Hannig s/Sen. Dick Klemm s/Rep. Daniels Burke s/Sen. Frank Watson s/Rep. Kurt Granberg s/Sen. Robert Molaro s/Rep. Art Tenhouse s/Sen. Vince Demuzio s/Rep. Dan Rutherford Committee for the Senate Committee for the House Representative Mautino submitted the following First Conference Committee Report on HOUSE BILL 523 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 523 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments Nos. 1 and 2 to House Bill 523, recommend the following: (1) that the Senate recede from Senate Amendments Nos. 1 and 2; and (2) that House Bill 523 be amended as follows: by replacing everything after the enacting clause with the following: "Section 1. Legislative intent. State and federal governments and organizations have studied the changing habits of consumer purchasing and are discussing a movement from retailers' occupation taxes to taxes which are more efficiently collected from catalog and electronic commerce vendors of tangible personal property. It is the intent of the General Assembly that this amendatory Act of the 91st General Assembly contain a delayed collection date until January 1, 2002 to allow additional time for the study of the effects of a shift in the methods of imposing and collecting taxes on consumption. Section 5. The Illinois Municipal Code is amended by changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5 as follows: (65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1) Sec. 8-11-1.1. Non-home rule municipalities; imposition of taxes. (a) The corporate authorities of a non-home rule municipality with a population greater than 130,000 but less than 2,000,000 may, upon approval of the electors of the municipality pursuant to subsection (b) of this Section, impose by ordinance or resolution the 1/2 of 1% tax authorized in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. (b) The corporate authorities of the municipality may by ordinance or resolution call for the submission to the electors of the municipality the question of whether the municipality shall impose such tax. Such question shall be certified by the municipal clerk to the election authority in accordance with Section 28-5 of the Election Code and shall be in a form in accordance with Section 16-7 of the Election Code. If a majority of the electors in the municipality voting upon the question vote in the affirmative, such tax shall be imposed. An ordinance or resolution imposing the 1/2 of 1% tax hereunder or discontinuing the same shall be adopted and a certified copy thereof, together with a certification that the ordinance or resolution received referendum approval in the case of the imposition of such tax, filed with the Department of Revenue, on or before the first day of June, whereupon the Department shall proceed to administer and enforce the additional tax or to discontinue the tax, as the case may be, as of the first day of September next following
HOUSE OF REPRESENTATIVES 5885 such adoption and filing. Beginning January 1, 1992, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of July, whereupon the Department shall proceed to administer and enforce this Section as of the first day of October next following such adoption and filing. Beginning January 1, 1993, an ordinance or resolution imposing or discontinuing the tax hereunder shall be adopted and a certified copy thereof filed with the Department on or before the first day of October, whereupon the Department shall proceed to administer and enforce this Section as of the first day of January next following such adoption and filing. A non-home rule municipality may file a certified copy of an ordinance or resolution, with a certification that the ordinance or resolution received referendum approval in the case of the imposition of the tax, with the Department of Revenue, as required under this Section, only after October 2, 2000. (Source: P.A. 86-928; 87-205.) (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3) Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' Occupation Tax Act. The corporate authorities of a non-home rule municipality with more than 130,000 but less than 2,000,000 inhabitants may impose a tax upon all persons engaged in the business of selling tangible personal property, other than on an item of tangible personal property which is titled and registered by an agency of this State's Government, at retail in the municipality at the rate of 1/2 of 1% for expenditure on public infrastructure as defined in Section 8-11-1.2 if approved by referendum as provided in Section 8-11-1.1, of the gross receipts from such sales made in the course of such business. The tax may not be imposed on the sale 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 that 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. The tax imposed by a municipality pursuant to 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 certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act shall permit such retailer to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; 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 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 and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 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, 5l, 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. No municipality may impose a tax under this Section unless the
5886 JOURNAL OF THE [May 26, 1999] municipality also imposes a tax at the same rate under Section 8-11-1.4 of this Code. Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating such 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 bracket 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 such notification from the Department. Such refund shall be paid by the State Treasurer out of the non-home rule municipal retailers' occupation tax fund. The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which retailers have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, and not including any amount which the Department determines is necessary to offset any amounts which were payable to a different taxing body but were erroneously paid to the municipality. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities, 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 the directions contained in such certification. For the purpose of determining the local governmental unit whose tax is applicable, a retail sale, by a producer of coal or other 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 other 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 Federal Constitution as a sale in interstate or foreign commerce. Nothing in this Section shall be construed to authorize a municipality 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 this State. When certifying the amount of a monthly disbursement to a municipality under this Section, the Department shall increase or decrease such amount 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. The Department of Revenue shall implement this amendatory Act of the 91st General Assembly so as to collect the tax on and after January 1, 2002. As used in this Section, "municipal" and "municipality" means a city, village or incorporated town, including an incorporated town
HOUSE OF REPRESENTATIVES 5887 which has superseded a civil township. This Section shall be known and may be cited as the "Non-Home Rule Municipal Retailers' Occupation Tax Act". (Source: P.A. 86-928; 86-1475; 87-205; 87-895.) (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4) Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation Tax Act. The corporate authorities of a non-home rule municipality with a population of more than 130,000 but less than 2,000,000 may impose a tax upon all persons engaged, in such municipality, in the business of making sales of service at the rate of 1/2 of 1% for expenditure on public infrastructure as defined in Section 8-11-1.2 if approved by referendum as provided in Section 8-11-1.1, of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax may not be imposed on the sale 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 that 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. The tax imposed by a municipality pursuant to 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 certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; 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 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 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 taxing municipality), 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 taxing municipality), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this municipal 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 taxing municipality), 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. No municipality may impose a tax under this Section unless the municipality also imposes a tax at the same rate under Section 8-11-1.3 of this Code. Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their serviceman's tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination,
5888 JOURNAL OF THE [May 26, 1999] in a single amount, with State tax which servicemen are authorized to collect under the Service Use Tax Act, pursuant to such bracket 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 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 such notification from the Department. Such refund shall be paid by the State Treasurer out of the municipal retailers' occupation tax fund. The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected hereunder. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which suppliers and servicemen have paid taxes or penalties hereunder to the Department during the second preceding calendar month. The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality. Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities and the General Revenue Fund, 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 the directions contained in such certification. The Department of Revenue shall implement this amendatory Act of the 91st General Assembly so as to collect the tax on and after January 1, 2002. Nothing in this Section shall be construed to authorize a municipality 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 this State. As used in this Section, "municipal" or "municipality" means or refers to a city, village or incorporated town, including an incorporated town which has superseded a civil township. This Section shall be known and may be cited as the "Non-Home Rule Municipal Service Occupation Tax Act". (Source: P.A. 86-928; 86-1475; 87-205; 87-895.) (65 ILCS 5/8-11-1.5) (from Ch. 24, par. 8-11-1.5) Sec. 8-11-1.5. Non-Home Rule Municipal Use Tax Act. The corporate authorities of a non-home rule municipality with a population greater than 130,000 but less than 2,000,000 may impose a tax upon the privilege of using, in such municipality, any item of tangible personal property which is purchased at retail from a retailer, and which is titled or registered with an agency of this State's government, at a rate of 1/2 of 1% and based on the selling price of such tangible personal property, as "selling price" is defined in the Use Tax Act, for expenditure on public infrastructure as defined in Section 8-11-1.2, if approved by referendum as provided in Section 8-11-1.1. Such tax shall be collected from persons whose Illinois address for title or registration purposes is given as being in such municipality. Such tax shall be collected by the municipality imposing such tax. A non-home rule municipality may not impose and collect the tax prior to January 1, 2002. This Section shall be known and may be cited as the "Non-Home Rule Municipal Use Tax Act". (Source: P.A. 86-928.)".
HOUSE OF REPRESENTATIVES 5889 Submitted on May 26, 1999. s/Sen. William Peterson s/Rep. Frank Mautino s/Sen. Wendell Jones Rep. Calvin L. Giles s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. James Clayborne Rep. Art Tenhouse s/Sen. Arthur Berman s/Rep. Sidney Mathias Committee for the Senate Committee for the House Representative Cowlishaw submitted the following First Conference Committee Report on HOUSE BILL 542 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 542 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 542, recommend the following: (1) that the House concur in Senate Amendment No. 1; and (2) that House Bill 542 be further amended, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 8, below line 28, by inserting the following: "(27) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the school children. This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity. This paragraph is exempt from the provisions of Section 3-90."; and on page 14, below line 29, by inserting the following: "(20) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the school children. This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity. This paragraph is exempt from the provisions of Section 3-75."; and on page 20, below line 9, by inserting the following: "(21) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists
5890 JOURNAL OF THE [May 26, 1999] primarily of volunteers and includes parents and teachers of the school children. This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity. This paragraph is exempt from the provisions of Section 3-55."; and on page 28, below line 7, by inserting the following: "(33) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the school children. This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity. This paragraph is exempt from the provisions of Section 2-70.". Submitted on May 26, 1999. s/Sen. Bradley Burzynski s/Rep. Barbara Flynn Currie Sen. William Peterson Rep. Coy Pugh Sen. Chris Lauzen s/Rep. Gary Hannig s/Sen. Barack Obama s/Rep. Dan Rutherford s/Sen. Arthur Berman s/Rep. Mary Lou Cowlishaw Committee for the Senate Committee for the House Representative Steve Davis submitted the following First Conference Committee Report on HOUSE BILL 1278 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1278 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 2 to House Bill 1278, recommend the following: (1) that the House concur in Senate Amendment No. 2; and (2) that House Bill 1278, AS AMENDED, be further amended, with reference to the page and line numbers of Senate Amendment No. 2, as follows: by deleting lines 6 through 34 on page 6, all of page 7, and lines 1 through 8 on page 8; and on page 11, by replacing lines 23 through 25 with the following: "methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or pseudoephedrine or any of"; and on page 15, line 28, by replacing "(c), (d)," with "(c), (c-5), (d), (d-5),"; and by deleting line 34 on page 23 and lines 1 through 8 on page 24; and on page 24, line 29, by replacing "(Source: P.A. 90-775, eff. 1-1-99.)" with the following: "(Source: P.A. 90-775, eff. 1-1-99.)
HOUSE OF REPRESENTATIVES 5891 Section 99. Effective date. This Act takes effect January 1, 2000.". Submitted on May 26, 1999. s/Sen. Carl Hawkinson s/Rep. Steve Davis s/Sen. Kirk Dillard s/Rep. Lauren Beth Gash s/Sen. Ed Petka s/Rep. Louis Lang s/Sen. John Cullerton s/Rep. Richard Winkel s/Sen. Ira Silverstein s/Rep. Patricia Lindner Committee for the Senate Committee for the House Representative Woolard submitted the following First Conference Committee Report on HOUSE BILL 1670 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1670 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments Nos. 1 and 2 to House Bill 1670, recommend the following: (1) that the House concur in Senate Amendments Nos. 1 and 2; and (2) that House Bill 1670, AS AMENDED, be further amended as follows: in the title, by deleting "by changing Section 21-5b"; and in Section 5, Sec. 21-5b, the paragraph beginning "A provisional alternative", by deleting item (1.5); and in Section 5, Sec. 21-5b, the paragraph beginning "A provisional alternative", item (2), by replacing "and" with "and"; and in Section 5, Sec. 21-5b, the paragraph beginning "A provisional alternative", item (3), by replacing "21-1a" with the following: "21-1a; and (4) have been employed for a period of at least 5 years in an area requiring application of the individual's education; however, this requirement does not apply with respect to a provisional alternative teaching certificate for teaching in schools situated in a school district that is located in a city having a population in excess of 500,000 inhabitants"; and in Section 5, Sec. 21-5b, the paragraph beginning "A standard alternative", the sentence beginning "Alternatively,", by replacing "subsection (c) of Section 21-2 of this Code" with the following: "subsection (c) of Section 21-2 of this Code and further provided that a person who does not apply for and receive a Standard Teaching Certificate shall be able to teach only in schools situated in a school district that is located in a city having a population in excess of 500,000 inhabitants"; and at the end of the bill, by inserting the following: "Section 10. If and only if Senate Bill 556 of the 91st General Assembly becomes law, the School Code is amended by changing Section 21-2 as follows: (105 ILCS 5/21-2) (from Ch. 122, par. 21-2) Sec. 21-2. Grades of certificates. (a) Until February 15, 2000, all certificates issued under this Article shall be State certificates valid, except as limited in Section 21-1, in every school district coming under the provisions of this Act and shall be limited in time and designated as follows:
5892 JOURNAL OF THE [May 26, 1999] Provisional vocational certificate, temporary provisional vocational certificate, early childhood certificate, elementary school certificate, special certificate, high school certificate, school service personnel certificate, administrative certificate, provisional certificate, and substitute certificate. The requirement of student teaching under close and competent supervision for obtaining a teaching certificate may be waived by the State Teacher Certification Board upon presentation to the Board by the teacher of evidence of 5 years successful teaching experience on a valid certificate and graduation from a recognized institution of higher learning with a bachelor's degree with not less than 120 semester hours and a minimum of 16 semester hours in professional education. (b) Initial Teaching Certificate. Beginning February 15, 2000, persons who (1) have completed an approved teacher preparation program, (2) are recommended by an approved teacher preparation program, (3) have successfully completed the Initial Teaching Certification examinations required by the State Board of Education, and (4) have met all other criteria established by the State Board of Education in consultation with the State Teacher Certification Board, shall be issued an Initial Teaching Certificate valid for 4 years of teaching, as defined in Section 21-14 of this Code. Initial Teaching Certificates shall be issued for categories corresponding to Early Childhood, Elementary, Secondary, and Special K-12, with special certification designations for Special Education, Bilingual Education, fundamental learning areas (including Language Arts, Reading, Mathematics, Science, Social Science, Physical Development and Health, Fine Arts, and Foreign Language), and other areas designated by the State Board of Education, in consultation with the State Teacher Certification Board. (c) Standard Certificate. Beginning February 15, 2000, persons who (1) have completed 4 years of teaching, as defined in Section 21-14 of this Code, with an Initial Certificate or an Initial Alternative Teaching Certificate and have met all other criteria established by the State Board of Education in consultation with the State Teacher Certification Board, (2) have completed 4 years of teaching on a valid equivalent certificate in another State or territory of the United States, or have completed 4 years of teaching in a nonpublic Illinois elementary or secondary school with an Initial Certificate or an Initial Alternative Teaching Certificate, and have met all other criteria established by the State Board of Education, in consultation with the State Teacher Certification Board, or (3) were issued teaching certificates prior to February 15, 2000 and are renewing those certificates after February 15, 2000, shall be issued a Standard Certificate valid for 5 years, which may be renewed thereafter every 5 years by the State Teacher Certification Board based on proof of continuing education or professional development. Beginning July 1, 2003, persons who have completed 4 years of teaching, as described in clauses (1) and (2) of this subsection (c), have successfully completed the Standard Teaching Certificate Examinations, and have met all other criteria established by the State Board of Education, in consultation with the State Teacher Certification Board, shall be issued Standard Certificates. Standard Certificates shall be issued for categories corresponding to Early Childhood, Elementary, Secondary, and Special K-12, with special certification designations for Special Education, Bilingual Education, fundamental learning areas (including Language Arts, Reading, Mathematics, Science, Social Science, Physical Development and Health, Fine Arts, and Foreign Language), and other areas designated by the State Board of Education, in consultation with the State Teacher Certification Board. (d) Master Certificate. Beginning February 15, 2000, persons
HOUSE OF REPRESENTATIVES 5893 who have successfully achieved National Board certification through the National Board for Professional Teaching Standards shall be issued a Master Certificate, valid for 10 years and renewable thereafter every 10 years through compliance with requirements set forth by the State Board of Education, in consultation with the State Teacher Certification Board. (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff. 1-26-99; 91SB0556enrolled.)". Submitted on May 26, 1999. s/Sen. Dan Cronin s/Rep. Larry D. Woolard s/Sen. Patrick O'Malley s/Rep. Barbara Flynn Currie s/Sen. Frank Watson s/Rep. Gary Hannig Sen. Arthur Berman s/Rep. Art Tenhouse Sen. Vince Demuzio s/Rep. Mary Lou Cowlishaw Committee for the Senate Committee for the House Representative Cross submitted the following First Conference Committee Report on HOUSE BILL 1845 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1845 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1845, recommend the following: (1) that the Senate recede form Senate Amendment No. 1; and (2) that House Bill 1845 be amended by replacing the title with the following: "AN ACT to amend the Illinois Marriage and Dissolution of Marriage Act by changing Section 607."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 607 as follows: (750 ILCS 5/607) (from Ch. 40, par. 607) Sec. 607. Visitation. (a) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health. If the custodian's street address is not identified, pursuant to Section 708, the court shall require the parties to identify reasonable alternative arrangements for visitation by a non-custodial parent, including but not limited to visitation of the minor child at the residence of another person or at a local public or private facility. (b) (1) The court may grant reasonable visitation privileges to a grandparent, great-grandparent, or sibling of any minor child upon petition to the court by the grandparents or great-grandparents or on behalf of the sibling, with notice to the parties required to be notified under Section 601 of this Act, if the court determines that it is in the best interests and welfare of the child, and may issue any necessary orders to enforce such visitation privileges. Except as provided in paragraph (2) of this subsection (b), a petition for visitation privileges may be filed under this paragraph (1) whether or not a petition pursuant to this Act has been previously filed or
5894 JOURNAL OF THE [May 26, 1999] is currently pending if one or more of the following circumstances exist: (A) the parents are not currently cohabiting on a permanent or an indefinite basis; (B) one of the parents has been absent from the marital abode for more than one month without the spouse knowing his or her whereabouts; (C) one of the parents is deceased; (D) one of the parents joins in the petition with the grandparents, great-grandparents, or sibling; or (E) a sibling is in State custody. (1.5) The Court may grant reasonable visitation privileges to a stepparent upon petition to the court by the stepparent, with notice to the parties required to be notified under Section 601 of this Act, if the court determines that it is in the best interests and welfare of the child, and may issue any necessary orders to enforce those visitation privileges. A petition for visitation privileges may be filed under this paragraph (1.5) whether or not a petition pursuant to this Act has been previously filed or is currently pending if the following circumstances are met: (A) the child is at least 12 years old; (B) the child resided continuously with the parent and stepparent for at least 5 years; (C) the parent is deceased or is disabled and is unable to care for the child; (D) the child wishes to have reasonable visitation with the stepparent; and (E) the stepparent was providing for the care, control, and welfare to the child prior to the initiation of the petition for visitation. (2)(A) A petition for visitation privileges shall not be filed pursuant to this subsection (b) by the parents or grandparents of a putative father if the paternity of the putative father has not been legally established. (B) A petition for visitation privileges may not be filed under this subsection (b) if the child who is the subject of the grandparents' or great-grandparents' petition has been voluntarily surrendered by the parent or parents, except for a surrender to the Illinois Department of Children and Family Services or a foster care facility, or has been previously adopted by an individual or individuals who are not related to the biological parents of the child or is the subject of a pending adoption petition by an individual or individuals who are not related to the biological parents of the child. (3) When one parent is deceased, the surviving parent shall not interfere with the visitation rights of the grandparents. (c) The court may modify an order granting or denying visitation rights of a parent whenever modification would serve the best interest of the child; but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental, moral or emotional health. The court may modify an order granting, denying, or limiting visitation rights of a grandparent, great-grandparent, or sibling of any minor child whenever a change of circumstances has occurred based on facts occurring subsequent to the judgment and the court finds by clear and convincing evidence that the modification is in the best interest of the minor child. (d) If any court has entered an order prohibiting a non-custodial parent of a child from any contact with a child or restricting the non-custodial parent's contact with the child, the following provisions shall apply:
HOUSE OF REPRESENTATIVES 5895 (1) If an order has been entered granting visitation privileges with the child to a grandparent or great-grandparent who is related to the child through the non-custodial parent, the visitation privileges of the grandparent or great-grandparent may be revoked if: (i) a court has entered an order prohibiting the non-custodial parent from any contact with the child, and the grandparent or great-grandparent is found to have used his or her visitation privileges to facilitate contact between the child and the non-custodial parent; or (ii) a court has entered an order restricting the non-custodial parent's contact with the child, and the grandparent or great-grandparent is found to have used his or her visitation privileges to facilitate contact between the child and the non-custodial parent in a manner that violates the terms of the order restricting the non-custodial parent's contact with the child. Nothing in this subdivision (1) limits the authority of the court to enforce its orders in any manner permitted by law. (2) Any order granting visitation privileges with the child to a grandparent or great-grandparent who is related to the child through the non-custodial parent shall contain the following provision: "If the (grandparent or great-grandparent, whichever is applicable) who has been granted visitation privileges under this order uses the visitation privileges to facilitate contact between the child and the child's non-custodial parent, the visitation privileges granted under this order shall be permanently revoked." (e) No parent, not granted custody of the child, or grandparent, or great-grandparent, or stepparent, or sibling of any minor child, convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age including but not limited to offenses for violations of Article 12 of the Criminal Code of 1961, is entitled to visitation rights while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for that offense, and upon discharge from incarceration for a misdemeanor offense or upon discharge from parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense, visitation shall be denied until the person successfully completes a treatment program approved by the court. (f) Unless the court determines, after considering all relevant factors, including but not limited to those set forth in Section 602(a), that it would be in the best interests of the child to allow visitation, the court shall not enter an order providing visitation rights and pursuant to a motion to modify visitation shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child who is the subject of the order. Until an order is entered pursuant to this subsection, no person shall visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child without the consent of the child's parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian. (g) If an order has been entered limiting, for cause, a minor child's contact or visitation with a grandparent, great-grandparent, or sibling on the grounds that it was in the best interest of the child to do so, that order may be modified only upon a showing of a
5896 JOURNAL OF THE [May 26, 1999] substantial change in circumstances occurring subsequent to the entry of the order with proof by clear and convincing evidence that modification is in the best interest of the minor child. (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98; 90-801, eff. 6-1-99; revised 12-22-98.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 26, 1999. s/Sen. Wendell E. Jones s/Rep. Art Tenhouse s/Sen. Carl Hawkinson s/Rep. Suzanne Bassi s/Sen. Kirk Dillard s/Rep. Larry Woolard s/Sen. John Cullerton s/Rep. Tom Dart s/Sen. Barack Obama s/Rep. Barbara Flynn Currie Committee for the Senate Committee for the House Representative Leitch submitted the following First Conference Committee Report on HOUSE BILL 2166 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 2166 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments No. 1 and No. 2 to House Bill 2166, recommend the following: (1) that the Senate recede from Senate Amendments No. 1 and No. 2; and (2) that House Bill 2166 be amended by replacing the title with the following: "AN ACT to amend the Comprehensive Health Insurance Plan Act by changing Sections 7 and 8 and repealing Section 8.5."; and by replacing everything after the enacting clause with the following: "Section 5. The Comprehensive Health Insurance Plan Act is amended by changing Sections 7 and 8 as follows: (215 ILCS 105/7) (from Ch. 73, par. 1307) Sec. 7. Eligibility. a. Except as provided in subsection (e) of this Section or in Section 15 of this Act, any individual person who is either a citizen of the United States or an alien lawfully admitted for permanent residence and continues to be a resident of this State shall be eligible for Plan coverage if evidence is provided of: (1) A notice of rejection or refusal to issue substantially similar individual health insurance coverage for health reasons by a health insurance issuer; or (2) A refusal by a health insurance issuer to issue individual health insurance coverage except at a rate exceeding the applicable Plan rate for which the person is responsible. A rejection or refusal by a group health plan or health insurance issuer offering only stop-loss or excess of loss insurance or contracts, agreements, or other arrangements for reinsurance coverage with respect to the applicant shall not be sufficient evidence under this subsection. b. The board shall promulgate a list of medical or health conditions for which a person who is either a citizen of the United States or an alien lawfully admitted for permanent residence and a
HOUSE OF REPRESENTATIVES 5897 resident of this State would be eligible for Plan coverage without applying for health insurance coverage pursuant to subsection a. of this Section. Persons who can demonstrate the existence or history of any medical or health conditions on the list promulgated by the board shall not be required to provide the evidence specified in subsection a. of this Section. The list shall be effective on the first day of the operation of the Plan and may be amended from time to time as appropriate. c. Family members of the same household who each are covered persons are eligible for optional family coverage under the Plan. d. For persons qualifying for coverage in accordance with Section 7 of this Act, the board shall, if it determines that such appropriations as are made pursuant to Section 12 of this Act are insufficient to allow the board to accept all of the eligible persons which it projects will apply for enrollment under the Plan, limit or close enrollment to ensure that the Plan is not over-subscribed and that it has sufficient resources to meet its obligations to existing enrollees. The board shall not limit or close enrollment for federally eligible individuals. e. A person shall not be eligible for coverage under the Plan if: (1) He or she has or obtains other coverage under a group health plan or health insurance coverage substantially similar to or better than a Plan policy as an insured or covered dependent or would be eligible to have that coverage if he or she elected to obtain it. Persons otherwise eligible for Plan coverage may, however, solely for the purpose of having coverage for a pre-existing condition, maintain other coverage only while satisfying any pre-existing condition waiting period under a Plan policy or a subsequent replacement policy of a Plan policy. (1.1) His or her prior coverage under a group health plan or health insurance coverage, provided or arranged by an employer of more than 10 employees was discontinued for any reason without the entire group or plan being discontinued and not replaced, provided he or she remains an employee, or dependent thereof, of the same employer. (2) He or she is a recipient of or is approved to receive medical assistance, except that a person may continue to receive medical assistance through the medical assistance no grant program, but only while satisfying the requirements for a preexisting condition under Section 8, subsection f. of this Act. Payment of premiums pursuant to this Act shall be allocable to the person's spenddown for purposes of the medical assistance no grant program, but that person shall not be eligible for any Plan benefits while that person remains eligible for medical assistance. If the person continues to receive or be approved to receive medical assistance through the medical assistance no grant program at or after the time that requirements for a preexisting condition are satisfied, the person shall not be eligible for coverage under the Plan. In that circumstance, coverage under the plan shall terminate as of the expiration of the preexisting condition limitation period. Under all other circumstances, coverage under the Plan shall automatically terminate as of the effective date of any medical assistance. (3) Except as provided in Section 15, the person has previously participated in the Plan and voluntarily terminated Plan coverage, unless 12 months have elapsed since the person's latest voluntary termination of coverage. (4) The person fails to pay the required premium under the covered person's terms of enrollment and participation, in which event the liability of the Plan shall be limited to benefits
5898 JOURNAL OF THE [May 26, 1999] incurred under the Plan for the time period for which premiums had been paid and the covered person remained eligible for Plan coverage. (5) The Plan has paid a total of $1,000,000 in benefits on behalf of the covered person. (6) The person is a resident of a public institution. (7) The person's premium is paid for or reimbursed under any government sponsored program or by any government agency or health care provider, except as an otherwise qualifying full-time employee, or dependent of such employee, of a government agency or health care provider. (8) The person has or later receives other benefits or funds from any settlement, judgement, or award resulting from any accident or injury, regardless of the date of the accident or injury, or any other circumstances creating a legal liability for damages due that person by a third party, whether the settlement, judgment, or award is in the form of a contract, agreement, or trust on behalf of a minor or otherwise and whether the settlement, judgment, or award is payable to the person, his or her dependent, estate, personal representative, or guardian in a lump sum or over time, so long as there continues to be benefits or assets remaining from those sources in an amount in excess of $100,000. (9) Within the 5 years prior to the date a person's Plan application is received by the Board, the person's coverage under any health care benefit program as defined in 18 U.S.C. 24, including any public or private plan or contract under which any medical benefit, item, or service is provided, was terminated as a result of any act or practice that constitutes fraud under State or federal law or as a result of an intentional misrepresentation of material fact; or if that person knowingly and willfully obtained or attempted to obtain, or fraudulently aided or attempted to aid any other person in obtaining, any coverage or benefits under the Plan to which that person was not entitled. f. The board or the administrator shall require verification of residency and may require any additional information or documentation, or statements under oath, when necessary to determine residency upon initial application and for the entire term of the policy. g. Coverage shall cease (i) on the date a person is no longer a resident of Illinois, (ii) on the date a person requests coverage to end, (iii) upon the death of the covered person, (iv) on the date State law requires cancellation of the policy, or (v) at the Plan's option, 30 days after the Plan makes any inquiry concerning a person's eligibility or place of residence to which the person does not reply. h. Except under the conditions set forth in subsection g of this Section, the coverage of any person who ceases to meet the eligibility requirements of this Section shall be terminated at the end of the current policy period for which the necessary premiums have been paid. (Source: P.A. 89-486, eff. 6-21-96; 90-30, eff. 7-1-97.) (215 ILCS 105/8) (from Ch. 73, par. 1308) Sec. 8. Minimum benefits. a. Availability. The Plan shall offer in an annually renewable policy major medical expense coverage to every eligible person who is not eligible for Medicare. Major medical expense coverage offered by the Plan shall pay an eligible person's covered expenses, subject to limit on the deductible and coinsurance payments authorized under paragraph (4) of subsection d of this Section, up to a lifetime
HOUSE OF REPRESENTATIVES 5899 benefit limit of $1,000,000 per covered individual. The maximum limit under this subsection shall not be altered by the Board, and no actuarial equivalent benefit may be substituted by the Board. Any person who otherwise would qualify for coverage under the Plan, but is excluded because he or she is eligible for Medicare, shall be eligible for any separate Medicare supplement policy or policies which the Board may offer. b. Outline of benefits. Covered expenses shall be limited to the usual and customary charge, including negotiated fees, in the locality for the following services and articles when prescribed by a physician and determined by the Plan to be medically necessary for the following areas of services, subject to such separate deductibles, co-payments, exclusions, and other limitations on benefits as the Board shall establish and approve, and the other provisions of this Section: (1) Hospital services, except that any services provided by a hospital that is located more than 75 miles outside the State of Illinois shall be covered only for a maximum of 45 days in any calendar year. With respect to covered expenses incurred during any calendar year ending on or after December 31, 1999, inpatient hospitalization of an eligible person for the treatment of mental illness at a hospital located within the State of Illinois shall be subject to the same terms and conditions as for any other illness. (2) Professional services for the diagnosis or treatment of injuries, illnesses or conditions, other than dental and mental and nervous disorders as described in paragraph (17), which are rendered by a physician, or by other licensed professionals at the physician's direction. (2.5) Professional services provided by a physician to children under the age of 16 years for physical examinations and age appropriate immunizations ordered by a physician licensed to practice medicine in all its branches. (3) (Blank). (4) Outpatient prescription drugs that by law require requiring a physician's prescription written by a physician licensed to practice medicine in all its branches subject to such separate deductible, copayment, and other limitations or restrictions as the Board shall approve, including the use of a prescription drug card or any other program, or both. (5) Skilled nursing services of a licensed skilled nursing facility for not more than 120 days during a policy year. (6) Services of a home health agency in accord with a home health care plan, up to a maximum of 270 visits per year. (7) Services of a licensed hospice for not more than 180 days during a policy year. (8) Use of radium or other radioactive materials. (9) Oxygen. (10) Anesthetics. (11) Orthoses and prostheses other than dental. (12) Rental or purchase in accordance with Board policies or procedures of durable medical equipment, other than eyeglasses or hearing aids, for which there is no personal use in the absence of the condition for which it is prescribed. (13) Diagnostic x-rays and laboratory tests. (14) Oral surgery for excision of partially or completely unerupted impacted teeth or the gums and tissues of the mouth, when not performed in connection with the routine extraction or repair of teeth, that is required to treat and oral surgery and procedures, including orthodontics and prosthetics necessary for craniofacial or maxillofacial conditions and to correct
5900 JOURNAL OF THE [May 26, 1999] congenital defects or injuries to natural teeth or a fractured jaw due to an accident that occurred while a covered person. (15) Physical, speech, and functional occupational therapy as medically necessary and provided by appropriate licensed professionals. (16) Emergency and other medically necessary transportation provided by a licensed ambulance service to the nearest health care facility qualified to treat a covered illness, injury, or condition, subject to the provisions of the Emergency Medical Systems (EMS) Act. (17) Outpatient services for diagnosis and treatment of mental and nervous disorders provided that a covered person shall be required to make a copayment not to exceed 50% and that the Plan's payment shall not exceed such amounts as are established by the Board. (18) Human organ or tissue transplants specified by the Board that are performed at a hospital designated by the Board as a participating transplant center for that specific organ or tissue transplant. (19) Naprapathic services, as appropriate, provided by a licensed naprapathic practitioner. c. Exclusions. Covered expenses of the Plan shall not include the following: (1) Any charge for treatment for cosmetic purposes other than for reconstructive surgery when the service is incidental to or follows surgery resulting from injury, sickness or other diseases of the involved part or surgery for the repair or treatment of a congenital bodily defect to restore normal bodily functions. (2) Any charge for care that is primarily for rest, custodial, educational, or domiciliary purposes. (3) Any charge for services in a private room to the extent it is in excess of the institution's charge for its most common semiprivate room, unless a private room is prescribed as medically necessary by a physician. (4) That part of any charge for room and board or for services rendered or articles prescribed by a physician, dentist, or other health care personnel that exceeds the reasonable and customary charge in the locality or for any services or supplies not medically necessary for the diagnosed injury or illness. (5) Any charge for services or articles the provision of which is not within the scope of licensure of the institution or individual providing the services or articles. (6) Any expense incurred prior to the effective date of coverage by the Plan for the person on whose behalf the expense is incurred. (7) Dental care, dental surgery, dental treatment or dental appliances, except as provided in paragraph (14) of subsection b of this Section. (8) Eyeglasses, contact lenses, hearing aids or their fitting. (9) Illness or injury due to acts of war. (10) Services of blood donors and any fee for failure to replace the first 3 pints of blood provided to a covered person each policy year. (11) Personal supplies or services provided by a hospital or nursing home, or any other nonmedical or nonprescribed supply or service. (12) Routine maternity charges for a pregnancy, except where added as optional coverage with payment of an additional premium for pregnancy resulting from conception occurring after
HOUSE OF REPRESENTATIVES 5901 the effective date of the optional coverage. (13) (Blank). (14) Any expense or charge for services, drugs, or supplies that are: (i) not provided in accord with generally accepted standards of current medical practice; (ii) for procedures, treatments, equipment, transplants, or implants, any of which are investigational, experimental, or for research purposes; (iii) investigative and not proven safe and effective; or (iv) for, or resulting from, a gender transformation operation. (15) Any expense or charge for routine physical examinations or tests except as provided in item (2.5) of subsection b of this Section. (16) Any expense for which a charge is not made in the absence of insurance or for which there is no legal obligation on the part of the patient to pay. (17) Any expense incurred for benefits provided under the laws of the United States and this State, including Medicare, and Medicaid, and other medical assistance, maternal and child health services and any other program that is administered or funded by the Department of Human Services, Department of Public Aid, or Department of Public Health, military service-connected disability payments, medical services provided for members of the armed forces and their dependents or employees of the armed forces of the United States, and medical services financed on behalf of all citizens by the United States. (18) Any expense or charge for in vitro fertilization, artificial insemination, or any other artificial means used to cause pregnancy. (19) Any expense or charge for oral contraceptives used for birth control or any other temporary birth control measures. (20) Any expense or charge for sterilization or sterilization reversals. (21) Any expense or charge for weight loss programs, exercise equipment, or treatment of obesity, except when certified by a physician as morbid obesity (at least 2 times normal body weight). (22) Any expense or charge for acupuncture treatment unless used as an anesthetic agent for a covered surgery. (23) Any expense or charge for or related to organ or tissue transplants other than those performed at a hospital with a Board approved organ transplant program that has been designated by the Board as a preferred or exclusive provider organization for that specific organ or tissue transplant. (24) Any expense or charge for procedures, treatments, equipment, or services that are provided in special settings for research purposes or in a controlled environment, are being studied for safety, efficiency, and effectiveness, and are awaiting endorsement by the appropriate national medical speciality college for general use within the medical community. d. Deductibles and coinsurance. The Plan coverage defined in Section 6 shall provide for a choice of deductibles per individual as authorized by the Board. If 2 individual members of the same family household, who are both covered persons under the Plan, satisfy the same applicable deductibles, no other member of that family who is also a covered person under the Plan shall be required to meet any deductibles for the balance of that calendar year. The deductibles must be applied first to the authorized amount of covered expenses incurred by the covered person. A mandatory coinsurance requirement shall be imposed at the rate authorized by the Board in excess of the mandatory deductible, the coinsurance in the aggregate not to exceed such amounts as are
5902 JOURNAL OF THE [May 26, 1999] authorized by the Board per annum. At its discretion the Board may, however, offer catastrophic coverages or other policies that provide for larger deductibles with or without coinsurance requirements. The deductibles and coinsurance factors may be adjusted annually according to the Medical Component of the Consumer Price Index. e. Scope of coverage. (1) In approving any of the benefit plans to be offered by the Plan, the Board shall establish such benefit levels, deductibles, coinsurance factors, exclusions, and limitations as it may deem appropriate and that it believes to be generally reflective of and commensurate with health insurance coverage that is provided in the individual market in this State. (2) The benefit plans approved by the Board may also provide for and employ various cost containment measures and other requirements including, but not limited to, preadmission certification, prior approval, second surgical opinions, concurrent utilization review programs, individual case management, preferred provider organizations, health maintenance organizations, and other cost effective arrangements for paying for covered expenses. f. Preexisting conditions. (1) Except for federally eligible individuals qualifying for Plan coverage under Section 15 of this Act or eligible persons who qualify for and elect to purchase the waiver authorized in paragraph (3) of this subsection, plan coverage shall exclude charges or expenses incurred during the first 6 months following the effective date of coverage as to any condition if: (a) the condition had manifested itself within the 6 month period immediately preceding the effective date of coverage in such a manner as would cause an ordinarily prudent person to seek diagnosis, care or treatment; or (b) medical advice, care or treatment was recommended or received within the 6 month period immediately preceding the effective date of coverage. (2) (Blank). (3) (Blank) Waiver: The preexisting condition exclusions as set forth in paragraph (1) of this subsection shall be waived to the extent to which the eligible person: (a) has satisfied similar exclusions under any prior health insurance coverage or group health plan that was involuntarily terminated; (b) is ineligible for any continuation coverage that would continue or provide substantially similar coverage following that termination; and (c) has applied for Plan coverage not later than 30 days following the involuntary termination. No policy or plan shall be deemed to have been involuntarily terminated if the master policyholder or other controlling party elected to change insurance coverage from one health insurance issuer or group health plan to another even if that decision resulted in a discontinuation of coverage for any individual under the plan, either totally or for any medical condition. For each eligible person who qualifies for and elects this waiver, there shall be added to each payment of premium, on a prorated basis, a surcharge of up to 10% of the otherwise applicable annual premium for as long as that individual's coverage under the Plan remains in effect or 60 months, whichever is less. g. Other sources primary; nonduplication of benefits. (1) The Plan shall be the last payor of benefits whenever any other benefit or source of third party payment is available. Subject to the provisions of subsection e of Section 7, benefits otherwise payable under Plan coverage shall be reduced by all amounts paid or payable by Medicare or any other government program or through any health insurance or group health plan,
HOUSE OF REPRESENTATIVES 5903 whether by insurance, reimbursement, or otherwise, or through any third party liability, settlement, judgment, or award, regardless of the date of the settlement, judgment, or award, whether the settlement, judgment, or award is in the form of a contract, agreement, or trust on behalf of a minor or otherwise and whether the settlement, judgment, or award is payable to the covered person, his or her dependent, estate, personal representative, or guardian in a lump sum or over time, and by all hospital or medical expense benefits paid or payable under any worker's compensation coverage, automobile medical payment, or liability insurance, whether provided on the basis of fault or nonfault, and by any hospital or medical benefits paid or payable under or provided pursuant to any State or federal law or program. (2) The Plan shall have a cause of action against any covered person or any other person or entity for the recovery of any amount paid to the extent the amount was for treatment, services, or supplies not covered in this Section or in excess of benefits as set forth in this Section. (3) Whenever benefits are due from the Plan because of sickness or an injury to a covered person resulting from a third party's wrongful act or negligence and the covered person has recovered or may recover damages from a third party or its insurer, the Plan shall have the right to reduce benefits or to refuse to pay benefits that otherwise may be payable by the amount of damages that the covered person has recovered or may recover regardless of the date of the sickness or injury or the date of any settlement, judgment, or award resulting from that sickness or injury. During the pendency of any action or claim that is brought by or on behalf of a covered person against a third party or its insurer, any benefits that would otherwise be payable except for the provisions of this paragraph (3) shall be paid if payment by or for the third party has not yet been made and the covered person or, if incapable, that person's legal representative agrees in writing to pay back promptly the benefits paid as a result of the sickness or injury to the extent of any future payments made by or for the third party for the sickness or injury. This agreement is to apply whether or not liability for the payments is established or admitted by the third party or whether those payments are itemized. Any amounts due the plan to repay benefits may be deducted from other benefits payable by the Plan after payments by or for the third party are made. (4) Benefits due from the Plan may be reduced or refused as an offset against any amount otherwise recoverable under this Section. h. Right of subrogation; recoveries. (1) Whenever the Plan has paid benefits because of sickness or an injury to any covered person resulting from a third party's wrongful act or negligence, or for which an insurer is liable in accordance with the provisions of any policy of insurance, and the covered person has recovered or may recover damages from a third party that is liable for the damages, the Plan shall have the right to recover the benefits it paid from any amounts that the covered person has received or may receive regardless of the date of the sickness or injury or the date of any settlement, judgment, or award resulting from that sickness or injury. The Plan shall be subrogated to any right of recovery the covered person may have under the terms of any private or public health care coverage or liability coverage, including coverage under the Workers' Compensation Act or the Workers' Occupational Diseases
5904 JOURNAL OF THE [May 26, 1999] Act, without the necessity of assignment of claim or other authorization to secure the right of recovery. To enforce its subrogation right, the Plan may (i) intervene or join in an action or proceeding brought by the covered person or his personal representative, including his guardian, conservator, estate, dependents, or survivors, against any third party or the third party's insurer that may be liable or (ii) institute and prosecute legal proceedings against any third party or the third party's insurer that may be liable for the sickness or injury in an appropriate court either in the name of the Plan or in the name of the covered person or his personal representative, including his guardian, conservator, estate, dependents, or survivors. (2) If any action or claim is brought by or on behalf of a covered person against a third party or the third party's insurer, the covered person or his personal representative, including his guardian, conservator, estate, dependents, or survivors, shall notify the Plan by personal service or registered mail of the action or claim and of the name of the court in which the action or claim is brought, filing proof thereof in the action or claim. The Plan may, at any time thereafter, join in the action or claim upon its motion so that all orders of court after hearing and judgment shall be made for its protection. No release or settlement of a claim for damages and no satisfaction of judgment in the action shall be valid without the written consent of the Plan to the extent of its interest in the settlement or judgment and of the covered person or his personal representative. (3) In the event that the covered person or his personal representative fails to institute a proceeding against any appropriate third party before the fifth month before the action would be barred, the Plan may, in its own name or in the name of the covered person or personal representative, commence a proceeding against any appropriate third party for the recovery of damages on account of any sickness, injury, or death to the covered person. The covered person shall cooperate in doing what is reasonably necessary to assist the Plan in any recovery and shall not take any action that would prejudice the Plan's right to recovery. The Plan shall pay to the covered person or his personal representative all sums collected from any third party by judgment or otherwise in excess of amounts paid in benefits under the Plan and amounts paid or to be paid as costs, attorneys fees, and reasonable expenses incurred by the Plan in making the collection or enforcing the judgment. (4) In the event that a covered person or his personal representative, including his guardian, conservator, estate, dependents, or survivors, recovers damages from a third party for sickness or injury caused to the covered person, the covered person or the personal representative shall pay to the Plan from the damages recovered the amount of benefits paid or to be paid on behalf of the covered person. (5) When the action or claim is brought by the covered person alone and the covered person incurs a personal liability to pay attorney's fees and costs of litigation, the Plan's claim for reimbursement of the benefits provided to the covered person shall be the full amount of benefits paid to or on behalf of the covered person under this Act less a pro rata share that represents the Plan's reasonable share of attorney's fees paid by the covered person and that portion of the cost of litigation expenses determined by multiplying by the ratio of the full amount of the expenditures to the full amount of the judgement,
HOUSE OF REPRESENTATIVES 5905 award, or settlement. (6) In the event of judgment or award in a suit or claim against a third party or insurer, the court shall first order paid from any judgement or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney's fees. After payment of those expenses and attorney's fees, the court shall apply out of the balance of the judgment or award an amount sufficient to reimburse the Plan the full amount of benefits paid on behalf of the covered person under this Act, provided the court may reduce and apportion the Plan's portion of the judgement proportionate to the recovery of the covered person. The burden of producing evidence sufficient to support the exercise by the court of its discretion to reduce the amount of a proven charge sought to be enforced against the recovery shall rest with the party seeking the reduction. The court may consider the nature and extent of the injury, economic and non-economic loss, settlement offers, comparative negligence as it applies to the case at hand, hospital costs, physician costs, and all other appropriate costs. The Plan shall pay its pro rata share of the attorney fees based on the Plan's recovery as it compares to the total judgment. Any reimbursement rights of the Plan shall take priority over all other liens and charges existing under the laws of this State with the exception of any attorney liens filed under the Attorneys Lien Act. (7) The Plan may compromise or settle and release any claim for benefits provided under this Act or waive any claims for benefits, in whole or in part, for the convenience of the Plan or if the Plan determines that collection would result in undue hardship upon the covered person. (Source: P.A. 89-486, eff. 6-21-96; 90-7, eff. 6-10-97; 90-30, eff. 7-1-97; 90-655, eff. 7-30-98.) (215 ILCS 105/8.5 rep.) Section 10. The Comprehensive Health Insurance Plan Act is amended by repealing Section 8.5. Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 26, 1999. s/Sen. Robert Madigan s/Rep. Frank Mautino s/Sen. Thomas Walsh s/Rep. Barbara Flynn Currie s/Sen. Doris Karpiel s/Rep. Kurt Granberg s/Sen. Denny Jacobs s/Rep. Art Tenhouse s/Sen. Robert Molaro s/Rep. Tom Cross Committee for the Senate Committee for the House Representative Lang submitted the following First Conference Committee Report on SENATE BILL 19 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 19 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1, 2, and 3 to Senate Bill 19, recommend the following:
5906 JOURNAL OF THE [May 26, 1999] (1) that the House recede from House Amendments Nos. 1, 2, and 3; and (2) that Senate Bill 19 be amended by replacing the title with the following: "AN ACT regarding child support enforcement."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Non-Support Punishment Act. Section 5. Prosecutions by State's Attorneys. A proceeding for enforcement of this Act may be instituted and prosecuted by the several State's Attorneys only upon the filing of a verified complaint by the person or persons receiving child or spousal support. Section 7. Prosecutions by Attorney General. In addition to enforcement proceedings by the several State's Attorneys, a proceeding for the enforcement of this Act may be instituted and prosecuted by the Attorney General in cases referred by the Illinois Department of Public Aid involving persons receiving child and spouse support services under Article X of the Illinois Public Aid Code. Before referring a case to the Attorney General for enforcement under this Act, the Department of Public Aid shall notify the person receiving child and spouse support services under Article X of the Illinois Public Aid Code of the Department's intent to refer the case to the Attorney General under this Section for prosecution. Section 10. Proceedings. Proceedings under this Act may be by indictment or information. No proceeding may be brought under Section 15 against a person whose court or administrative order for support was entered by default, unless the indictment or information specifically alleges that the person has knowledge of the existence of the order for support and that the person has the ability to pay the support. Section 15. Failure to support. (a) A person commits the offense of failure to support when he or she: (1) willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children under the age of 18 years, in need of support or maintenance and the person has the ability to provide the support; or (2) willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $5,000, and the person has the ability to provide the support; or (3) leaves the State with the intent to evade a support obligation required under a court or administrative order for support, if the obligation, regardless of when it accrued, has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $10,000; or (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $20,000, and the person has the ability to provide the support. (a-5) Presumption of ability to pay support. The existence of a court or administrative order of support that was not based on a default judgment and was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the
HOUSE OF REPRESENTATIVES 5907 obligor has the ability to pay the support obligation for that time period. (b) Sentence. A person convicted of a first offense under subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A person convicted of an offense under subdivision (a)(3) or (a)(4) or a second or subsequent offense under subdivision (a)(1) or (a)(2) is guilty of a Class 4 felony. (c) Expungement. A person convicted of a first offense under subdivision (a)(1) or (a)(2) who is eligible for the Earnfare program, shall, in lieu of the sentence prescribed in subsection (b), be referred to the Earnfare program. Upon certification of completion of the Earnfare program, the conviction shall be expunged. If the person fails to successfully complete the Earnfare program, he or she shall be sentenced in accordance with subsection (b). (d) Fine. Sentences of imprisonment and fines for offenses committed under this Act shall be as provided under Articles 8 and 9 of Chapter V of the Unified Code of Corrections, except that the court shall order restitution of all unpaid support payments and may impose the following fines, alone, or in addition to a sentence of imprisonment under the following circumstances: (1) from $1,000 to $5,000 if the support obligation has remained unpaid for a period longer than 2 years, or is in arrears in an amount greater than $1,000 and not exceeding $10,000; (2) from $5,000 to $10,000 if the support obligation has remained unpaid for a period longer than 5 years, or is in arrears in an amount greater than $10,000 and not exceeding $20,000; or (3) from $10,000 to $25,000 if the support obligation has remained unpaid for a period longer than 8 years, or is in arrears in an amount greater than $20,000. Restitution shall be ordered in an amount equal to the total unpaid support obligation as it existed at the time of sentencing. Any amounts paid by the obligor shall be allocated first to current support and then to restitution ordered and then to fines imposed under this Section. Section 20. Entry of order for support; income withholding. (a) In a case in which no court or administrative order for support is in effect against the defendant: (1) at any time before the trial, upon motion of the State's Attorney, or of the Attorney General if the action has been instituted by his office, and upon notice to the defendant, or at the time of arraignment or as a condition of postponement of arraignment, the court may enter such temporary order for support as may seem just, providing for the support or maintenance of the spouse or child or children of the defendant, or both, pendente lite; or (2) before trial with the consent of the defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in this Act, or in addition thereto, the court may enter an order for support, subject to modification by the court from time to time as circumstances may require, directing the defendant to pay a certain sum for maintenance of the spouse, or for support of the child or children, or both. (b) The court shall determine the amount of child support by using the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act. (c) The court shall determine the amount of maintenance using the standards set forth in Section 504 of the Illinois Marriage and
5908 JOURNAL OF THE [May 26, 1999] Dissolution of Marriage Act. (d) The court may, for violation of any order under this Section, punish the offender as for a contempt of court, but no pendente lite order shall remain in effect longer than 4 months, or after the discharge of any panel of jurors summoned for service thereafter in such court, whichever is sooner. (e) Any order for support entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support under the judgments, each such judgment to be in the amount of each payment or installment of support and each judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each judgment shall have the full force, effect, and attributes of any other judgment of this State, including the ability to be enforced. Each judgment is subject to modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent. (f) An order for support entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of the court within 10 days each time the obligor obtains new employment, and each time the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment, bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order for support entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or of a minor child, or both, would be seriously endangered by disclosure of the party's address. (g) An order for support entered or modified in a case in which a party is receiving child and spouse support services under Article X of the Illinois Public Aid Code shall include a provision requiring the noncustodial parent to notify the Illinois Department of Public Aid, within 7 days, of the name and address of any new employer of the noncustodial parent, whether the noncustodial parent has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy. (h) In any subsequent action to enforce an order for support entered under this Act, upon sufficient showing that diligent effort has been made to ascertain the location of the noncustodial parent, service of process or provision of notice necessary in that action may be made at the last known address of the noncustodial parent, in any manner expressly provided by the Code of Civil Procedure or in this Act, which service shall be sufficient for purposes of due process. (i) An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of majority or is otherwise emancipated. The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this
HOUSE OF REPRESENTATIVES 5909 subsection shall be construed to prevent the court from modifying the order. Section 22. Withholding of income to secure payment of support. An order for support entered or modified under this Act is subject to the Income Withholding for Support Act. Section 25. Payment of support to State Disbursement Unit; clerk of the court. (a) As used in this Section, "order for support", "obligor", "obligee", and "payor" mean those terms as defined in the Income Withholding for Support Act. (b) Each order for support entered or modified under Section 20 of this Act shall require that support payments be made to the State Disbursement Unit established under the Illinois Public Aid Code, under the following circumstances: (1) when a party to the order is receiving child and spouse support services under Article X of the Illinois Public Aid Code; or (2) when no party to the order is receiving child and spouse support services, but the support payments are made through income withholding. (c) When no party to the order is receiving child and spouse support services, and payments are not being made through income withholding, the court shall order the obligor to make support payments to the clerk of the court. (d) In the case of an order for support entered by the court under this Act before a party commenced receipt of child and spouse support services, upon receipt of these services by a party the Illinois Department of Public Aid shall provide notice to the obligor to send any support payments he or she makes personally to the State Disbursement Unit until further direction of the Department. The Department shall provide a copy of the notice to the obligee and to the clerk of the court. (e) If a State Disbursement Unit as specified by federal law has not been created in Illinois upon the effective date of this Act, then, until the creation of a State Disbursement Unit as specified by federal law, the following provisions regarding payment and disbursement of support payments shall control and the provisions in subsections (a), (b), (c), and (d) shall be inoperative. Upon the creation of a State Disbursement Unit as specified by federal law, this subsection (e) shall be inoperative and the payment and disbursement provisions of subsections (a), (b), (c), and (d) shall control. (1) In cases in which an order for support is entered under Section 20 of this Act, the court shall order that maintenance and support payments be made to the clerk of the court for remittance to the person or agency entitled to receive the payments. However, the court in its discretion may direct otherwise where exceptional circumstances so warrant. (2) The court shall direct that support payments be sent by the clerk to (i) the Illinois Department of Public Aid if the person in whose behalf payments are made is receiving aid under Articles III, IV, or V of the Illinois Public Aid Code, or child and spouse support services under Article X of the Code, or (ii) to the local governmental unit responsible for the support of the person if he or she is a recipient under Article VI of the Code. In accordance with federal law and regulations, the Illinois Department of Public Aid may continue to collect current maintenance payments or child support payments, or both, after those persons cease to receive public assistance and until termination of services under Article X of the Illinois Public Aid Code. The Illinois Department shall pay the net amount
5910 JOURNAL OF THE [May 26, 1999] collected to those persons after deducting any costs incurred in making the collection or any collection fee from the amount of any recovery made. The order shall permit the Illinois Department of Public Aid or the local governmental unit, as the case may be, to direct that support payments be made directly to the spouse, children, or both, or to some person or agency in their behalf, upon removal of the spouse or children from the public aid rolls or upon termination of services under Article X of the Illinois Public Aid Code; and upon such direction, the Illinois Department or the local governmental unit, as the case requires, shall give notice of such action to the court in writing or by electronic transmission. (3) The clerk of the court shall establish and maintain current records of all moneys received and disbursed and of delinquencies and defaults in required payments. The court, by order or rule, shall make provision for the carrying out of these duties. (4) Upon notification in writing or by electronic transmission from the Illinois Department of Public Aid to the clerk of the court that a person who is receiving support payments under this Section is receiving services under the Child Support Enforcement Program established by Title IV-D of the Social Security Act, any support payments subsequently received by the clerk of the court shall be transmitted in accordance with the instructions of the Illinois Department of Public Aid until the Department gives notice to cease the transmittal. After providing the notification authorized under this paragraph, the Illinois Department of Public Aid shall be a party and entitled to notice of any further proceedings in the case. The clerk of the court shall file a copy of the Illinois Department of Public Aid's notification in the court file. The failure of the clerk to file a copy of the notification in the court file shall not, however, affect the Illinois Department of Public Aid's rights as a party or its right to receive notice of further proceedings. (5) Payments under this Section to the Illinois Department of Public Aid pursuant to the Child Support Enforcement Program established by Title IV-D of the Social Security Act shall be paid into the Child Support Enforcement Trust Fund. All other payments under this Section to the Illinois Department of Public Aid shall be deposited in the Public Assistance Recoveries Trust Fund. Disbursements from these funds shall be as provided in the Illinois Public Aid Code. Payments received by a local governmental unit shall be deposited in that unit's General Assistance Fund. (6) For those cases in which child support is payable to the clerk of the circuit court for transmittal to the Illinois Department of Public Aid by order of court or upon notification by the Illinois Department of Public Aid, the clerk shall transmit all such payments, within 4 working days of receipt, to insure that funds are available for immediate distribution by the Department to the person or entity entitled thereto in accordance with standards of the Child Support Enforcement Program established under Title IV-D of the Social Security Act. The clerk shall notify the Department of the date of receipt and amount thereof at the time of transmittal. Where the clerk has entered into an agreement of cooperation with the Department to record the terms of child support orders and payments made thereunder directly into the Department's automated data processing system, the clerk shall account for, transmit and otherwise distribute child support payments in accordance with such agreement in lieu of the requirements contained herein.
HOUSE OF REPRESENTATIVES 5911 Section 30. Information to State Case Registry. (a) When an order for support is entered or modified under Section 20 of this Act, the clerk of the court shall, within 5 business days, provide to the State Case Registry established under Section 10-27 of the Illinois Public Aid Code the court docket number and county in which the order is entered or modified and the following information, which the parents involved in the case shall disclose to the court: (1) the names of the custodial and noncustodial parents and of the child or children covered by the order; (2) the dates of birth of the custodial and noncustodial parents and of the child or children covered by the order; (3) the social security numbers of the custodial and noncustodial parents and, if available, of the child or children covered by the order; (4) the residential and mailing address for the custodial and noncustodial parents; (5) the telephone numbers for the custodial and noncustodial parents; (6) the driver's license numbers for the custodial and noncustodial parents; and (7) the name, address, and telephone number of each parent's employer or employers. (b) When an order for support is entered or modified under Section 20 in a case in which a party is receiving child and spouse support services under Article X of the Illinois Public Aid Code, the clerk shall provide the State Case Registry with the following information within 5 business days: (1) the information specified in subsection (a); (2) the amount of monthly or other periodic support owed under the order and other amounts, including arrearages, interest, or late payment penalties and fees, due or overdue under the order; (3) any amounts described in subdivision (2) of this subsection (b) that have been received by the clerk; and (4) the distribution of the amounts received by the clerk. (c) A party shall report to the clerk of the circuit court changes in information required to be disclosed under this Section within 5 business days of the change. (d) To the extent that updated information is in the clerk's possession, the clerk shall provide updates of the information specified in subsection (b) within 5 business days after the Illinois Department of Public Aid's request for that updated information. Section 35. Fine; release of defendant on probation; violation of order for support; forfeiture of recognizance. (a) Whenever a fine is imposed it may be directed by the court to be paid, in whole or in part, to the spouse, ex-spouse, or if the support of a child or children is involved, to the custodial parent, to the clerk, probation officer, or to the Illinois Department of Public Aid if a recipient of child and spouse support services under Article X of the Illinois Public Aid Code is involved as the case requires, to be disbursed by such officers or agency under the terms of the order. (b) The court may also relieve the defendant from custody on probation for the period fixed in the order or judgment upon his or her entering into a recognizance, with or without surety, in the sum as the court orders and approves. The condition of the recognizance shall be such that if the defendant makes his or her personal appearance in court whenever ordered to do so by the court, during such period as may be so fixed, and further complies with the terms of the order for support, or any subsequent modification of the
5912 JOURNAL OF THE [May 26, 1999] order, then the recognizance shall be void; otherwise it will remain in full force and effect. (c) If the court is satisfied by testimony in open court, that at any time during the period of one year the defendant has violated the terms of the order for support, it may proceed with the trial of the defendant under the original charge, or sentence him or her under the original conviction, or enforce the suspended sentence, as the case may be. In case of forfeiture of recognizance, and enforcement of recognizance by execution, the sum so recovered may, in the discretion of the court, be paid, in whole or in part, to the spouse, ex-spouse, or if the support of a child or children is involved, to the custodial parent, to the clerk, or to the Illinois Department of Public Aid if a recipient of child and spouse support services under Article X of the Illinois Public Aid Code is involved as the case requires, to be disbursed by the clerk or the Department under the terms of the order. Section 40. Evidence. No other or greater evidence shall be required to prove the marriage of a husband and wife, or that the defendant is the father or mother of the child or children than is or shall be required to prove that fact in a civil action. Section 45. Husband or wife as competent witness. In no prosecution under this Act shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply. And both husband and wife shall be competent witnesses to testify to any and all relevant matters, including the fact of such marriage and of the parentage of such child or children, provided that neither shall be compelled to give evidence incriminating himself or herself. Section 50. Community service; work alternative program. (a) In addition to any other penalties imposed against an offender under this Act, the court may order the offender to perform community service for not less than 30 and not more than 120 hours per month, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for committing an offense under this Act, the supervision shall be conditioned on the performance of the community service. (b) In addition to any other penalties imposed against an offender under this Act, the court may sentence the offender to service in a work alternative program administered by the sheriff. The conditions of the program are that the offender obtain or retain employment and participate in a work alternative program administered by the sheriff during non-working hours. A person may not be required to participate in a work alternative program under this subsection if the person is currently participating in a work program pursuant to another provision of this Act, Section 10-11.1 of the Illinois Public Aid Code, Section 505.1 of the Illinois Marriage and Dissolution of Marriage Act, or Section 15.1 of the Illinois Parentage Act of 1984. (c) In addition to any other penalties imposed against an offender under this Act, the court may order, in cases where the offender has been in violation of this Act for 90 days or more, that the offender's Illinois driving privileges be suspended until the court determines that the offender is in compliance with this Act. The court may determine that the offender is in compliance with this Act if the offender has agreed (i) to pay all required amounts of support and maintenance as determined by the court or (ii) to the garnishment of his or her income for the purpose of paying those amounts. The court may also order that the offender be issued a family financial responsibility driving permit that would allow limited
HOUSE OF REPRESENTATIVES 5913 driving privileges for employment and medical purposes in accordance with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit court shall certify the order suspending the driving privileges of the offender or granting the issuance of a family financial responsibility driving permit to the Secretary of State on forms prescribed by the Secretary. Upon receipt of the authenticated documents, the Secretary of State shall suspend the offender's driving privileges until further order of the court and shall, if ordered by the court, subject to the provisions of Section 7-702.1 of the Illinois Vehicle Code, issue a family financial responsibility driving permit to the offender. (d) If the court determines that the offender has been in violation of this Act for more than 60 days, the court may determine whether the offender has applied for or been issued a professional license by the Department of Professional Regulation or another licensing agency. If the court determines that the offender has applied for or been issued such a license, the court may certify to the Department of Professional Regulation or other licensing agency that the offender has been in violation of this Act for more than 60 days so that the Department or other agency may take appropriate steps with respect to the license or application as provided in Section 10-65 of the Illinois Administrative Procedure Act and Section 60 of the Civil Administrative Code of Illinois. The court may take the actions required under this subsection in addition to imposing any other penalty authorized under this Act. Section 55. Offenses; how construed. It is hereby expressly declared that the offenses set forth in this Act shall be construed to be continuing offenses. Section 60. Unemployed persons owing duty of support. (a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order. Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Jobs Training Partnership Act provider for participation in job search, training, or work programs and where the duty of support is owed to a child receiving support services under Article X of the Illinois Public Aid Code the court may order the unemployed person to report to the Illinois Department of Public Aid for participation in job search, training, or work programs established under Section 9-6 and Article IXA of that Code. (b) Whenever it is determined that a person owes past due support for a child or for a child and the parent with whom the child is living, and the child is receiving assistance under the Illinois Public Aid Code, the court shall order at the request of the Illinois Department of Public Aid: (1) that the person pay the past-due support in accordance with a plan approved by the court; or (2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate. Section 65. Order of protection; status. Whenever relief sought under this Act is based on allegations of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, the court, before granting relief, shall determine whether any order of protection has previously been entered in the instant proceeding or
5914 JOURNAL OF THE [May 26, 1999] any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a respondent or a protected person. Section 70. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application. Section 905. The Illinois Administrative Procedure Act is amended by changing Section 10-65 as follows: (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65) Sec. 10-65. Licenses. (a) When any licensing is required by law to be preceded by notice and an opportunity for a hearing, the provisions of this Act concerning contested cases shall apply. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall continue in full force and effect until the final agency decision on the application has been made unless a later date is fixed by order of a reviewing court. (c) An application for the renewal of a license or a new license shall include the applicant's social security number. Each agency shall require the licensee to certify on the application form, under penalty of perjury, that he or she is not more than 30 days delinquent in complying with a child support order. Every application shall state that failure to so certify shall result in disciplinary action, and that making a false statement may subject the licensee to contempt of court. The agency shall notify each applicant or licensee who acknowledges a delinquency or who, contrary to his or her certification, is found to be delinquent or who after receiving notice, fails to comply with a subpoena or warrant relating to a paternity or a child support proceeding, that the agency intends to take disciplinary action. Accordingly, the agency shall provide written notice of the facts or conduct upon which the agency will rely to support its proposed action and the applicant or licensee shall be given an opportunity for a hearing in accordance with the provisions of the Act concerning contested cases. Any delinquency in complying with a child support order can be remedied by arranging for payment of past due and current support. Any failure to comply with a subpoena or warrant relating to a paternity or child support proceeding can be remedied by complying with the subpoena or warrant. Upon a final finding of delinquency or failure to comply with a subpoena or warrant, the agency shall suspend, revoke, or refuse to issue or renew the license. In cases in which the Department of Public Aid has previously determined that an applicant or a licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the licensing agency, and in cases in which a court has previously determined that an applicant or licensee has been in violation of the Non-Support Punishment Act for more than 60 days, the licensing agency shall refuse to issue or renew or shall revoke or suspend that person's license based solely upon the certification of delinquency made by the Department of Public Aid or the certification of violation made by the court. Further process, hearings, or redetermination of the delinquency or violation by the licensing agency shall not be required. The licensing agency may issue or renew a license if the licensee has arranged for payment of past and current child support obligations in a manner satisfactory to the Department of Public Aid or the court. The licensing agency may impose conditions, restrictions, or disciplinary action upon that license.
HOUSE OF REPRESENTATIVES 5915 (d) Except as provided in subsection (c), no agency shall revoke, suspend, annul, withdraw, amend materially, or refuse to renew any valid license without first giving written notice to the licensee of the facts or conduct upon which the agency will rely to support its proposed action and an opportunity for a hearing in accordance with the provisions of this Act concerning contested cases. At the hearing, the licensee shall have the right to show compliance with all lawful requirements for the retention, continuation, or renewal of the license. If, however, the agency finds that the public interest, safety, or welfare imperatively requires emergency action, and if the agency incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. Those proceedings shall be promptly instituted and determined. (e) Any application for renewal of a license that contains required and relevant information, data, material, or circumstances that were not contained in an application for the existing license shall be subject to the provisions of subsection (a). Section 910. The Civil Administrative Code of Illinois is amended by changing Section 43a.14 as follows: (20 ILCS 1005/43a.14) Sec. 43a.14. Exchange of information for child support enforcement. (a) To exchange with the Illinois Department of Public Aid information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) Notwithstanding any provisions in this Code to the contrary, the Department of Employment Security shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a). (Source: P.A. 90-18, eff. 7-1-97.) Section 915. The Civil Administrative Code of Illinois is amended by changing Section 60 as follows: (20 ILCS 2105/60) (from Ch. 127, par. 60) Sec. 60. Powers and duties. The Department of Professional Regulation shall have, subject to the provisions of this Act, the following powers and duties: 1. To authorize examinations in English to ascertain the qualifications and fitness of applicants to exercise the profession, trade, or occupation for which the examination is held. 2. To prescribe rules and regulations for a fair and wholly impartial method of examination of candidates to exercise the respective professions, trades, or occupations. 3. To pass upon the qualifications of applicants for licenses, certificates, and authorities, whether by examination, by reciprocity, or by endorsement. 4. To prescribe rules and regulations defining, for the respective professions, trades, and occupations, what shall constitute a school, college, or university, or department of a university, or other institutions, reputable and in good standing and to determine the reputability and good standing of a school, college, or university, or department of a university, or other institution, reputable and in good standing by reference to a compliance with such rules and regulations: provided, that no school, college, or university, or department of a university or other institution that refuses admittance to applicants solely on account of race, color,
5916 JOURNAL OF THE [May 26, 1999] creed, sex, or national origin shall be considered reputable and in good standing. 5. To conduct hearings on proceedings to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as may be authorized in any licensing Act administered by the Department with regard to licenses, certificates, or authorities of persons exercising the respective professions, trades, or occupations, and to revoke, suspend, refuse to renew, place on probationary status, or take other disciplinary action as may be authorized in any licensing Act administered by the Department with regard to such licenses, certificates, or authorities. The Department shall issue a monthly disciplinary report. The Department shall deny any license or renewal authorized by this Act to any person who has defaulted on an educational loan or scholarship provided by or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State; however, the Department may issue a license or renewal if the aforementioned persons have established a satisfactory repayment record as determined by the Illinois Student Assistance Commission or other appropriate governmental agency of this State. Additionally, beginning June 1, 1996, any license issued by the Department may be suspended or revoked if the Department, after the opportunity for a hearing under the appropriate licensing Act, finds that the licensee has failed to make satisfactory repayment to the Illinois Student Assistance Commission for a delinquent or defaulted loan. For the purposes of this Section, "satisfactory repayment record" shall be defined by rule. The Department shall refuse to issue or renew a license to, or shall suspend or revoke a license of, any person who, after receiving notice, fails to comply with a subpoena or warrant relating to a paternity or child support proceeding. However, the Department may issue a license or renewal upon compliance with the subpoena or warrant. The Department, without further process or hearings, shall revoke, suspend, or deny any license or renewal authorized by this Act to a person who is certified by the Illinois Department of Public Aid as being more than 30 days delinquent in complying with a child support order or who is certified by a court as being in violation of the Non-Support of Punishment Act for more than 60 days; the Department may, however, issue a license or renewal if the person has established a satisfactory repayment record as determined by the Illinois Department of Public Aid or if the person is determined by the court to be in compliance with the Non-Support Punishment Act. The Department may implement this paragraph as added by Public Act 89-6 through the use of emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act. For purposes of the Illinois Administrative Procedure Act, the adoption of rules to implement this paragraph shall be considered an emergency and necessary for the public interest, safety, and welfare. 6. To transfer jurisdiction of any realty under the control of the Department to any other Department of the State Government, or to acquire or accept Federal lands, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor. 7. To formulate rules and regulations as may be necessary for the enforcement of any act administered by the Department. 8. To exchange with the Illinois Department of Public Aid information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
HOUSE OF REPRESENTATIVES 5917 Family Support Act, or the Illinois Parentage Act of 1984. Notwithstanding any provisions in this Code to the contrary, the Department of Professional Regulation shall not be liable under any federal or State law to any person for any disclosure of information to the Illinois Department of Public Aid under this paragraph 8 or for any other action taken in good faith to comply with the requirements of this paragraph 8. 9. To perform such other duties as may be prescribed by law. The Department may, when a fee is payable to the Department for a wall certificate of registration provided by the Department of Central Management Services, require that portion of the payment for printing and distribution costs be made directly or through the Department, to the Department of Central Management Services for deposit in the Paper and Printing Revolving Fund, the remainder shall be deposited in the General Revenue Fund. For the purpose of securing and preparing evidence, and for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities, recoupment of investigative costs and other activities directed at suppressing the misuse and abuse of controlled substances, including those activities set forth in Sections 504 and 508 of the Illinois Controlled Substances Act, the Director and agents appointed and authorized by the Director may expend such sums from the Professional Regulation Evidence Fund as the Director deems necessary from the amounts appropriated for that purpose and such sums may be advanced to the agent when the Director deems such procedure to be in the public interest. Sums for the purchase of controlled substances, professional services, and equipment necessary for enforcement activities and other activities as set forth in this Section shall be advanced to the agent who is to make such purchase from the Professional Regulation Evidence Fund on vouchers signed by the Director. The Director and such agents are authorized to maintain one or more commercial checking accounts with any State banking corporation or corporations organized under or subject to the Illinois Banking Act for the deposit and withdrawal of moneys to be used for the purposes set forth in this Section; provided, that no check may be written nor any withdrawal made from any such account except upon the written signatures of 2 persons designated by the Director to write such checks and make such withdrawals. Vouchers for such expenditures must be signed by the Director and all such expenditures shall be audited by the Director and the audit shall be submitted to the Department of Central Management Services for approval. Whenever the Department is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of subsection 22 of Section 55a of the Civil Administrative Code of Illinois, the Department of State Police is authorized to furnish, pursuant to positive identification, such information contained in State files as is necessary to fulfill the request. The provisions of this Section do not apply to private business and vocational schools as defined by Section 1 of the Private Business and Vocational Schools Act. Beginning July 1, 1995, this Section does not apply to those professions, trades, and occupations licensed under the Real Estate License Act of 1983 nor does it apply to any permits, certificates, or other authorizations to do business provided for in the Land Sales Registration Act of 1989 or the Illinois Real Estate Time-Share Act. (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, eff.
5918 JOURNAL OF THE [May 26, 1999] 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, eff. 7-1-97.) Section 920. The Civil Administrative Code of Illinois is amended by changing Section 39b12 as follows: (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12) Sec. 39b12. Exchange of information. (a) To exchange with any State, or local subdivisions thereof, or with the federal government, except when specifically prohibited by law, any information which may be necessary to efficient tax administration and which may be acquired as a result of the administration of the above laws. (b) To exchange with the Illinois Department of Public Aid information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. Notwithstanding any provisions in this Code to the contrary, the Department of Revenue shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under this subsection (b) or for any other action taken in good faith to comply with the requirements of this subsection (b). (Source: P.A. 90-18, eff. 7-1-97.) Section 925. The Counties Code is amended by changing Section 3-5036.5 as follows: (55 ILCS 5/3-5036.5) Sec. 3-5036.5. Exchange of information for child support enforcement. (a) The Recorder shall exchange with the Illinois Department of Public Aid information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) Notwithstanding any provisions in this Code to the contrary, the Recorder shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a). (Source: P.A. 90-18, eff. 7-1-97.) Section 930. The Collection Agency Act is amended by changing Section 2.04 as follows: (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1) Sec. 2.04. Child support indebtedness. (a) Persons, associations, partnerships, or corporations engaged in the business of collecting child support indebtedness owing under a court order as provided under the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Illinois Parentage Act of 1984, or similar laws of other states are not restricted (i) in the frequency of contact with an obligor who is in arrears, whether by phone, mail, or other means, (ii) from contacting the employer of an obligor who is in arrears, (iii) from publishing or threatening to publish a list of obligors in arrears, (iv) from disclosing or threatening to disclose an arrearage that the obligor disputes, but for which a verified notice of delinquency has been served under the Income Withholding for Support Act (or any of its predecessors, Section 10-16.2 of the Illinois Public Aid Code,
HOUSE OF REPRESENTATIVES 5919 Section 706.1 of the Illinois Marriage and Dissolution of Marriage Act, Section 4.1 of the Non-Support of Spouse and Children Act, Section 26.1 of the Revised Uniform Reciprocal Enforcement of Support Act, or Section 20 of the Illinois Parentage Act of 1984), or (v) from engaging in conduct that would not cause a reasonable person mental or physical illness. For purposes of this subsection, "obligor" means an individual who owes a duty to make periodic payments, under a court order, for the support of a child. "Arrearage" means the total amount of an obligor's unpaid child support obligations. (b) The Department shall adopt rules necessary to administer and enforce the provisions of this Section. (Source: P.A. 90-673, eff. 1-1-99.) Section 935. The Illinois Public Aid Code is amended by changing Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and 12-4.7c as follows: (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1) Sec. 10-3.1. Child and Spouse Support Unit. The Illinois Department shall establish within its administrative staff a Child and Spouse Support Unit to search for and locate absent parents and spouses liable for the support of persons resident in this State and to exercise the support enforcement powers and responsibilities assigned the Department by this Article. The unit shall cooperate with all law enforcement officials in this State and with the authorities of other States in locating persons responsible for the support of persons resident in other States and shall invite the cooperation of these authorities in the performance of its duties. In addition to other duties assigned the Child and Spouse Support Unit by this Article, the Unit may refer to the Attorney General or units of local government with the approval of the Attorney General, any actions under Sections 10-10 and 10-15 for judicial enforcement of the support liability. The Child and Spouse Support Unit shall act for the Department in referring to the Attorney General support matters requiring judicial enforcement under other laws. If requested by the Attorney General to so act, as provided in Section 12-16, attorneys of the Unit may assist the Attorney General or themselves institute actions in behalf of the Illinois Department under the Revised Uniform Reciprocal Enforcement of Support Act; under the Illinois Parentage Act of 1984; under the Non-Support of Spouse and Children Act; under the Non-Support Punishment Act; or under any other law, State or Federal, providing for support of a spouse or dependent child. The Illinois Department shall also have the authority to enter into agreements with local governmental units or individuals, with the approval of the Attorney General, for the collection of moneys owing because of the failure of a parent to make child support payments for any child receiving services under this Article. Such agreements may be on a contingent fee basis, but such contingent fee shall not exceed 25% of the total amount collected. An attorney who provides representation pursuant to this Section shall represent the Illinois Department exclusively. Regardless of the designation of the plaintiff in an action brought pursuant to this Section, an attorney-client relationship does not exist for purposes of that action between that attorney and (i) an applicant for or recipient of child and spouse support services or (ii) any other party to the action other than the Illinois Department. Nothing in this Section shall be construed to modify any power or duty (including a duty to maintain confidentiality) of the Child and Spouse Support Unit or the Illinois Department otherwise provided by law. The Illinois Department may also enter into agreements with local
5920 JOURNAL OF THE [May 26, 1999] governmental units for the Child and Spouse Support Unit to exercise the investigative and enforcement powers designated in this Article, including the issuance of administrative orders under Section 10-11, in locating responsible relatives and obtaining support for persons applying for or receiving aid under Article VI. Payments for defrayment of administrative costs and support payments obtained shall be deposited into the Public Assistance Recoveries Trust Fund. Support payments shall be paid over to the General Assistance Fund of the local governmental unit at such time or times as the agreement may specify. With respect to those cases in which it has support enforcement powers and responsibilities under this Article, the Illinois Department may provide by rule for periodic or other review of each administrative and court order for support to determine whether a modification of the order should be sought. The Illinois Department shall provide for and conduct such review in accordance with any applicable federal law and regulation. As part of its process for review of orders for support, the Illinois Department, through written notice, may require the responsible relative to disclose his or her Social Security Number and past and present information concerning the relative's address, employment, gross wages, deductions from gross wages, net wages, bonuses, commissions, number of dependent exemptions claimed, individual and dependent health insurance coverage, and any other information necessary to determine the relative's ability to provide support in a case receiving child and spouse support services under this Article X. The Illinois Department may send a written request for the same information to the relative's employer. The employer shall respond to the request for information within 15 days after the date the employer receives the request. If the employer willfully fails to fully respond within the 15-day period, the employer shall pay a penalty of $100 for each day that the response is not provided to the Illinois Department after the 15-day period has expired. The penalty may be collected in a civil action which may be brought against the employer in favor of the Illinois Department. A written request for information sent to an employer pursuant to this Section shall consist of (i) a citation of this Section as the statutory authority for the request and for the employer's obligation to provide the requested information, (ii) a returnable form setting forth the employer's name and address and listing the name of the employee with respect to whom information is requested, and (iii) a citation of this Section as the statutory authority authorizing the employer to withhold a fee of up to $20 from the wages or income to be paid to each responsible relative for providing the information to the Illinois Department within the 15-day period. If the employer is withholding support payments from the responsible relative's income pursuant to an order for withholding, the employer may withhold the fee provided for in this Section only after withholding support as required under the order. Any amounts withheld from the responsible relative's income for payment of support and the fee provided for in this Section shall not be in excess of the amounts permitted under the federal Consumer Credit Protection Act. In a case receiving child and spouse support services, the Illinois Department may request and obtain information from a particular employer under this Section no more than once in any 12-month period, unless the information is necessary to conduct a review of a court or administrative order for support at the request of the person receiving child and spouse support services. The Illinois Department shall establish and maintain an administrative unit to receive and transmit to the Child and Spouse
HOUSE OF REPRESENTATIVES 5921 Support Unit information supplied by persons applying for or receiving child and spouse support services under Section 10-1. In addition, the Illinois Department shall address and respond to any alleged deficiencies that persons receiving or applying for services from the Child and Spouse Support Unit may identify concerning the Child and Spouse Support Unit's provision of child and spouse support services. Within 60 days after an action or failure to act by the Child and Spouse Support Unit that affects his or her case, a recipient of or applicant for child and spouse support services under Article X of this Code may request an explanation of the Unit's handling of the case. At the requestor's option, the explanation may be provided either orally in an interview, in writing, or both. If the Illinois Department fails to respond to the request for an explanation or fails to respond in a manner satisfactory to the applicant or recipient within 30 days from the date of the request for an explanation, the applicant or recipient may request a conference for further review of the matter by the Office of the Administrator of the Child and Spouse Support Unit. A request for a conference may be submitted at any time within 60 days after the explanation has been provided by the Child and Spouse Support Unit or within 60 days after the time for providing the explanation has expired. The applicant or recipient may request a conference concerning any decision denying or terminating child or spouse support services under Article X of this Code, and the applicant or recipient may also request a conference concerning the Unit's failure to provide services or the provision of services in an amount or manner that is considered inadequate. For purposes of this Section, the Child and Spouse Support Unit includes all local governmental units or individuals with whom the Illinois Department has contracted under Section 10-3.1. Upon receipt of a timely request for a conference, the Office of the Administrator shall review the case. The applicant or recipient requesting the conference shall be entitled, at his or her option, to appear in person or to participate in the conference by telephone. The applicant or recipient requesting the conference shall be entitled to be represented and to be afforded a reasonable opportunity to review the Illinois Department's file before or at the conference. At the conference, the applicant or recipient requesting the conference shall be afforded an opportunity to present all relevant matters in support of his or her claim. Conferences shall be without cost to the applicant or recipient requesting the conference and shall be conducted by a representative of the Child or Spouse Support Unit who did not participate in the action or inaction being reviewed. The Office of the Administrator shall conduct a conference and inform all interested parties, in writing, of the results of the conference within 60 days from the date of filing of the request for a conference. In addition to its other powers and responsibilities established by this Article, the Child and Spouse Support Unit shall conduct an annual assessment of each institution's program for institution based paternity establishment under Section 12 of the Vital Records Act. (Source: P.A. 90-18, eff. 7-1-97.) (305 ILCS 5/10-17) (from Ch. 23, par. 10-17) Sec. 10-17. Other Actions and Remedies for Support.) The procedures, actions and remedies provided in this Article shall in no way be exclusive, but shall be available in addition to other actions and remedies of support, including, but not by way of limitation, the remedies provided in (a) the "Paternity Act", approved July 5, 1957, as amended; (b) the "Non-Support of Spouse and Children Act",
5922 JOURNAL OF THE [May 26, 1999] approved June 24, 1915, as amended; (b-5) the Non-Support Punishment Act; and (c) the "Revised Uniform Reciprocal Enforcement of Support Act", approved August 28, 1969, as amended. (Source: P.A. 79-474.) (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) Sec. 10-19. (Support Payments Ordered Under Other Laws - Where Deposited.) The Illinois Department and local governmental units are authorized to receive payments directed by court order for the support of recipients, as provided in the following Acts: 1. "Non-Support of Spouse and Children Act", approved June 24, 1915, as amended, 1.5. The Non-Support Punishment Act, 2. "Illinois Marriage and Dissolution of Marriage Act", as now or hereafter amended, 3. The Illinois Parentage Act, as amended, 4. "Revised Uniform Reciprocal Enforcement of Support Act", approved August 28, 1969, as amended, 5. The Juvenile Court Act or the Juvenile Court Act of 1987, as amended, 6. The "Unified Code of Corrections", approved July 26, 1972, as amended, 7. Part 7 of Article XII of the Code of Civil Procedure, as amended, 8. Part 8 of Article XII of the Code of Civil Procedure, as amended, and 9. Other laws which may provide by judicial order for direct payment of support moneys. Payments under this Section to the Illinois Department pursuant to the Child Support Enforcement Program established by Title IV-D of the Social Security Act shall be paid into the Child Support Enforcement Trust Fund. All other payments under this Section to the Illinois Department shall be deposited in the Public Assistance Recoveries Trust Fund. Disbursements from these funds shall be as provided in Sections 12-9 and 12-10.2 of this Code. Payments received by a local governmental unit shall be deposited in that unit's General Assistance Fund. (Source: P.A. 86-1028.) (305 ILCS 5/10-25) Sec. 10-25. Administrative liens and levies on real property for past-due child support. (a) The State shall have a lien on all legal and equitable interests of responsible relatives in their real property in the amount of past-due child support owing pursuant to an order for child support entered under Sections 10-10 and 10-11 of this Code, or under the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) The Illinois Department shall provide by rule for notice to and an opportunity to be heard by each responsible relative affected, and any final administrative decision rendered by the Illinois Department shall be reviewed only under and in accordance with the Administrative Review Law. (c) When enforcing a lien under subsection (a) of this Section, the Illinois Department shall have the authority to execute notices of administrative liens and levies, which shall contain the name and address of the responsible relative, a legal description of the real property to be levied, the fact that a lien is being claimed for past-due child support, and such other information as the Illinois Department may by rule prescribe. The Illinois Department shall record the notice of lien with the recorder or registrar of titles of
HOUSE OF REPRESENTATIVES 5923 the county or counties in which the real estate is located. (d) The State's lien under subsection (a) shall be enforceable upon the recording or filing of a notice of lien with the recorder or registrar of titles of the county or counties in which the real estate is located. The lien shall be prior to any lien thereafter recorded or filed and shall be notice to a subsequent purchaser, assignor, or encumbrancer of the existence and nature of the lien. The lien shall be inferior to the lien of general taxes, special assessment, and special taxes heretofore or hereafter levied by any political subdivision or municipal corporation of the State. In the event that title to the land to be affected by the notice of lien is registered under the Registered Titles (Torrens) Act, the notice shall be filed in the office of the registrar of titles as a memorial or charge upon each folium of the register of titles affected by the notice; but the State shall not have a preference over the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holders registered prior to the registration of the notice. (e) The recorder or registrar of titles of each county shall procure a file labeled "Child Support Lien Notices" and an index book labeled "Child Support Lien Notices". When notice of any lien is presented to the recorder or registrar of titles for filing, the recorder or registrar of titles shall file it in numerical order in the file and shall enter it alphabetically in the index. The entry shall show the name and last known address of the person named in the notice, the serial number of the notice, the date and hour of filing, and the amount of child support due at the time when the lien is filed. (f) The Illinois Department shall not be required to furnish bond or make a deposit for or pay any costs or fees of any court or officer thereof in any legal proceeding involving the lien. (g) To protect the lien of the State for past-due child support, the Illinois Department may, from funds that are available for that purpose, pay or provide for the payment of necessary or essential repairs, purchase tax certificates, pay balances due on land contracts, or pay or cause to be satisfied any prior liens on the property to which the lien hereunder applies. (h) A lien on real property under this Section shall be released pursuant to Section 12-101 of the Code of Civil Procedure. (i) The Illinois Department, acting in behalf of the State, may foreclose the lien in a judicial proceeding to the same extent and in the same manner as in the enforcement of other liens. The process, practice, and procedure for the foreclosure shall be the same as provided in the Code of Civil Procedure. (Source: P.A. 90-18, eff. 7-1-97.) (305 ILCS 5/10-25.5) Sec. 10-25.5. Administrative liens and levies on personal property for past-due child support. (a) The State shall have a lien on all legal and equitable interests of responsible relatives in their personal property, including any account in a financial institution as defined in Section 10-24, or in the case of an insurance company or benefit association only in accounts as defined in Section 10-24, in the amount of past-due child support owing pursuant to an order for child support entered under Sections 10-10 and 10-11 of this Code, or under the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) The Illinois Department shall provide by rule for notice to and an opportunity to be heard by each responsible relative affected,
5924 JOURNAL OF THE [May 26, 1999] and any final administrative decision rendered by the Illinois Department shall be reviewed only under and in accordance with the Administrative Review Law. (c) When enforcing a lien under subsection (a) of this Section, the Illinois Department shall have the authority to execute notices of administrative liens and levies, which shall contain the name and address of the responsible relative, a description of the property to be levied, the fact that a lien is being claimed for past-due child support, and such other information as the Illinois Department may by rule prescribe. The Illinois Department may serve the notice of lien or levy upon any financial institution where the accounts as defined in Section 10-24 of the responsible relative may be held, for encumbrance or surrender of the accounts as defined in Section 10-24 by the financial institution. (d) The Illinois Department shall enforce its lien against the responsible relative's personal property, other than accounts as defined in Section 10-24 in financial institutions, and levy upon such personal property in the manner provided for enforcement of judgments contained in Article XII of the Code of Civil Procedure. (e) The Illinois Department shall not be required to furnish bond or make a deposit for or pay any costs or fees of any court or officer thereof in any legal proceeding involving the lien. (f) To protect the lien of the State for past-due child support, the Illinois Department may, from funds that are available for that purpose, pay or provide for the payment of necessary or essential repairs, purchase tax certificates, or pay or cause to be satisfied any prior liens on the property to which the lien hereunder applies. (g) A lien on personal property under this Section shall be released in the manner provided under Article XII of the Code of Civil Procedure. Notwithstanding the foregoing, a lien under this Section on accounts as defined in Section 10-24 shall expire upon the passage of 120 days from the date of issuance of the Notice of Lien or Levy by the Illinois Department. However, the lien shall remain in effect during the pendency of any appeal or protest. (h) A lien created under this Section is subordinate to any prior lien of the financial institution or any prior lien holder or any prior right of set-off that the financial institution may have against the assets, or in the case of an insurance company or benefit association only in the accounts as defined in Section 10-24. (i) A financial institution has no obligation under this Section to hold, encumber, or surrender the assets, or in the case of an insurance company or benefit association only the accounts as defined in Section 10-24, until the financial institution has been properly served with a subpoena, summons, warrant, court or administrative order, or administrative lien and levy requiring that action. (Source: P.A. 90-18, eff. 7-1-97.) (305 ILCS 5/12-4.7c) Sec. 12-4.7c. Exchange of information after July 1, 1997. (a) The Department of Human Services shall exchange with the Illinois Department of Public Aid information that may be necessary for the enforcement of child support orders entered pursuant to Sections 10-10 and 10-11 of this Code or pursuant to the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) Notwithstanding any provisions in this Code to the contrary, the Department of Human Services shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a).
HOUSE OF REPRESENTATIVES 5925 (Source: P.A. 90-18, eff. 7-1-97.) Section 940. The Vital Records Act is amended by changing Section 24 as follows: (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24) Sec. 24. (1) To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the vital records system, access to vital records, and indexes thereof, including vital records in the custody of local registrars and county clerks originating prior to January 1, 1916, is limited to the custodian and his employees, and then only for administrative purposes, except that the indexes of those records in the custody of local registrars and county clerks, originating prior to January 1, 1916, shall be made available to persons for the purpose of genealogical research. Original, photographic or microphotographic reproductions of original records of births 100 years old and older and deaths 50 years old and older, and marriage records 75 years old and older on file in the State Office of Vital Records and in the custody of the county clerks may be made available for inspection in the Illinois State Archives reference area, Illinois Regional Archives Depositories, and other libraries approved by the Illinois State Registrar and the Director of the Illinois State Archives, provided that the photographic or microphotographic copies are made at no cost to the county or to the State of Illinois. It is unlawful for any custodian to permit inspection of, or to disclose information contained in, vital records, or to copy or permit to be copied, all or part of any such record except as authorized by this Act or regulations adopted pursuant thereto. (2) The State Registrar of Vital Records, or his agent, and any municipal, county, multi-county, public health district, or regional health officer recognized by the Department may examine vital records for the purpose only of carrying out the public health programs and responsibilities under his jurisdiction. (3) The State Registrar of Vital Records, may disclose, or authorize the disclosure of, data contained in the vital records when deemed essential for bona fide research purposes which are not for private gain. This amendatory Act of 1973 does not apply to any home rule unit. (4) The State Registrar shall exchange with the Illinois Department of Public Aid information that may be necessary for the establishment of paternity and the establishment, modification, and enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. Notwithstanding any provisions in this Act to the contrary, the State Registrar shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under this subsection or for any other action taken in good faith to comply with the requirements of this subsection. (Source: P.A. 90-18, eff. 7-1-97.) Section 945. The Illinois Vehicle Code is amended by changing Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703 and by adding Sections 7-702.2, 7-705.1 and 7-706.1 as follows: (625 ILCS 5/2-109.1) Sec. 2-109.1. Exchange of information. (a) The Secretary of State shall exchange information with the Illinois Department of Public Aid which may be necessary for the establishment of paternity and the establishment, modification, and enforcement of child support orders pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the
5926 JOURNAL OF THE [May 26, 1999] Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) Notwithstanding any provisions in this Code to the contrary, the Secretary of State shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a). (Source: P.A. 90-18, eff. 7-1-97.) (625 ILCS 5/7-701) Sec. 7-701. Findings and purpose. The General Assembly finds that the timely receipt of adequate financial support has the effect of reducing poverty and State expenditures for welfare dependency among children, and that the timely payment of adequate child support demonstrates financial responsibility. Further, the General Assembly finds that the State has a compelling interest in ensuring that drivers within the State demonstrate financial responsibility, including family financial responsibility, in order to safely own and operate a motor vehicle. To this end, the Secretary of State is authorized to establish systems a system to suspend driver's licenses for failure to comply with court orders of support. (Source: P.A. 89-92, eff. 7-1-96.) (625 ILCS 5/7-702) Sec. 7-702. Suspension of driver's license for failure to pay child support. (a) The Secretary of State shall suspend the driver's license issued to an obligor upon receiving an authenticated report provided for in subsection (a) of Section 7-703, that the person is 90 days or more delinquent in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days obligation or more, and has been found in contempt by the court for failure to pay the support. (b) The Secretary of State shall suspend the driver's license issued to an obligor upon receiving an authenticated document provided for in Subsection (b) of Section 7-703, that the person has been adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation or more, but has not been held in contempt of court, and that the court has ordered that the person's driving privileges be suspended. The obligor's driver's license shall be suspended until such time as the Secretary of State receives authenticated documentation that the obligor is in compliance with the court order of support. When the obligor complies with the court ordered child support payments, the circuit court shall report the obligor's compliance with the court order of support to the Secretary of State, on a form prescribed by the Secretary of State, and shall order that the obligor's driver's license be reinstated. (Source: P.A. 89-92, eff. 7-1-96.) (625 ILCS 5/7-702.1) Sec. 7-702.1. Family financial responsibility driving permits. Following the entry of an order that an obligor has been found in contempt by the court for failure to pay court ordered child support payments or upon a motion by the obligor who is subject to having his or her driver's license suspended pursuant to subsection (b) of Section 7-703, the court may enter an order directing the Secretary of State to issue a family financial responsibility driving permit for the purpose of providing the obligor the privilege of operating a motor vehicle between the obligor's residence and place of employment, or within the scope of employment related duties; or for the purpose of providing transportation for the obligor or a
HOUSE OF REPRESENTATIVES 5927 household member to receive alcohol treatment, other drug treatment, or medical care. The court may enter an order directing the issuance of a permit only if the obligor has proven to the satisfaction of the court that no alternative means of transportation are reasonably available for the above stated purposes. No permit shall be issued to a person under the age of 16 years who possesses an instruction permit. Upon entry of an order granting the issuance of a permit to an obligor, the court shall report this finding to the Secretary of State on a form prescribed by the Secretary. This form shall state whether the permit has been granted for employment or medical purposes and the specific days and hours for which limited driving privileges have been granted. The family financial responsibility driving permit shall be subject to cancellation, invalidation, suspension, and revocation by the Secretary of State in the same manner and for the same reasons as a driver's license may be cancelled, invalidated, suspended, or revoked. The Secretary of State shall, upon receipt of a certified court order from the court of jurisdiction, issue a family financial responsibility driving permit. In order for this permit to be issued, an individual's driving privileges must be valid except for the family financial responsibility suspension. This permit shall be valid only for employment and medical purposes as set forth above. The permit shall state the days and hours for which limited driving privileges have been granted. Any submitted court order that contains insufficient data or fails to comply with any provision of this Code shall not be used for issuance of the permit or entered to the individual's driving record but shall be returned to the court of jurisdiction indicating why the permit cannot be issued at that time. The Secretary of State shall also send notice of the return of the court order to the individual requesting the permit. (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.) (625 ILCS 5/7-702.2 new) Sec. 7-702.2. Written agreement to pay past-due support. (a) An obligor who is presently unable to pay all past-due support and is subject to having his or her license suspended pursuant to subsection (b) of Section 7-703 may come into compliance with the court order for support by executing a written payment agreement that is approved by the court and by complying with that agreement. A condition of a written payment agreement must be that the obligor pay the current child support when due. Before a written payment agreement is executed, the obligor shall: (1) Disclose fully to the court in writing, on a form prescribed by the court, the obligor's financial circumstances, including income from all sources, assets, liabilities, and work history for the past year; and (2) Provide documentation to the court concerning the obligor's financial circumstances, including copies of the most recent State and federal income tax returns, both personal and business; a copy of a recent pay stub representative of current income; and copies of other records that show the obligor's income and the present level of assets held by the obligor. (b) After full disclosure, the court may determine the obligor's ability to pay past-due support and may approve a written payment agreement consistent with the obligor's ability to pay, not to exceed the court-ordered support. (625 ILCS 5/7-703) Sec. 7-703. Courts to report non-payment of court ordered support.
5928 JOURNAL OF THE [May 26, 1999] (a) The clerk of the circuit court, as provided in subsection (b) of Section 505 of the Illinois Marriage and Dissolution of Marriage Act or as provided in Section 15 of the Illinois Parentage Act of 1984, shall forward to the Secretary of State, on a form prescribed by the Secretary, an authenticated document certifying the court's order suspending the driving privileges of the obligor. For any such certification, the clerk of the court shall charge the obligor a fee of $5 as provided in the Clerks of Courts Act. (b) If an obligor has been adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation or more but has not been held in contempt of court, the circuit court may order that the obligor's driving privileges be suspended. If the circuit court orders that the obligor's driving privileges be suspended, it shall forward to the Secretary of State, on a form prescribed by the Secretary, an authenticated document certifying the court's order suspending the driving privileges of the obligor. The authenticated document shall be forwarded to the Secretary of State by the court no later than 45 days after entry of the order suspending the obligor's driving privileges. (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.) (625 ILCS 5/7-705.1 new) Sec. 7-705.1. Notice of noncompliance with support order. Before forwarding to the Secretary of State the authenticated document under subsection (b) of Section 7-703, the circuit court must serve notice upon the obligor of its intention to suspend the obligor's driver's license for being adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation. The notice must inform the obligor that: (a) If the obligor is presently unable to pay all past-due support, the obligor may come into compliance with the support order by executing a written payment agreement with the court, as provided in Section 7-702.2, and by complying with that agreement; (b) The obligor may contest the issue of compliance at a hearing; (c) A request for a hearing must be made in writing and must be received by the clerk of the circuit court; (d) If the obligor does not request a hearing to contest the issue of compliance within 45 days after the notice of noncompliance is mailed, the court may order that the obligor's driver's license be suspended as provided for in subsection (b) of Section 7-703: (e) If the circuit court certifies the obligor to the Secretary of State for noncompliance with an order of support, the Secretary of State must suspend any driver's license or instruction permit the obligor holds and the obligor's right to apply for or obtain a driver's license or instruction permit until the obligor comes into compliance with the order of support; (f) If the obligor files a motion to modify support with the court or requests the court to modify a support obligation, the circuit court shall stay action to certify the obligor to the Secretary of State for noncompliance with an order of support; and (g) The obligor may comply with an order of support by doing all of the following: (1) Paying the current support; (2) Paying all past-due support or, if unable to pay all past-due support and a periodic payment for past due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement approved by the court; and (3) Meeting the obligor's health insurance obligation. The notice must include the address and telephone number of the clerk of the circuit court. The clerk of the circuit court shall
HOUSE OF REPRESENTATIVES 5929 attach a copy of the obligor's order of support to the notice. The notice must be served by certified mail, return receipt requested, by service in hand, or as specified in the Code of Civil Procedure. (625 ILCS 5/7-706.1 new) Sec. 7-706.1. Hearing for compliance with support order. (a) An obligor may request in writing to the clerk of the circuit court a hearing to contest the claim of noncompliance with an order of support and his or her subsequent driver's license suspension under subsection (b) of Section 7-702. (b) If a written request for a hearing is received by the clerk of the circuit court, the clerk of the circuit court shall set the hearing before the circuit court. (c) Upon the obligor's written request, the court must set a date for a hearing and afford the obligor an opportunity for a hearing as early as practical. (d) The scope of this hearing is limited to the following issues: (1) Whether the obligor is required to pay child support under an order of support. (2) Whether the obligor has been adjudicated in arrears in court ordered child support payments in an amount equal to 90 days obligation or more. (3) Any additional issues raised by the obligor, including the reasonableness of a payment agreement in light of the obligor's current financial circumstances, to be preserved for appeal. (e) All hearings and hearing procedures shall comply with requirements of the Illinois Constitution and the United States Constitution, so that no person is deprived of due process of law nor denied equal protection of the laws. All hearings shall be held before a judge of the circuit court in the county in which the support order has been entered. Appropriate records of the hearings shall be kept. Where a transcript of the hearing is taken, the person requesting the hearing shall have the opportunity to order a copy of the transcript at his or her own expense. (f) The action of the circuit court resulting in the suspension of any driver's license shall be a final judgment for purposes of appellate review. Section 955. The Unified Code of Corrections is amended by changing Section 3-5-4 as follows: (730 ILCS 5/3-5-4) Sec. 3-5-4. Exchange of information for child support enforcement. (a) The Department shall exchange with the Illinois Department of Public Aid information that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. (b) Notwithstanding any provisions in this Code to the contrary, the Department shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under subsection (a) or for any other action taken in good faith to comply with the requirements of subsection (a). (Source: P.A. 90-18, eff. 1-1-97.) Section 960. The Code of Civil Procedure is amended by changing Sections 2-1403 and 12-819 as follows: (735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403) Sec. 2-1403. Judgment debtor as beneficiary of trust. No court,
5930 JOURNAL OF THE [May 26, 1999] except as otherwise provided in this Section, shall order the satisfaction of a judgment out of any property held in trust for the judgment debtor if such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor. The income or principal of a trust shall be subject to withholding for the purpose of securing collection of unpaid child support obligations owed by the beneficiary as provided in Section 4.1 of the "Non-Support of Spouse and Children Act", Section 22 of the Non-Support Punishment Act, and similar Sections of other Acts which provide for support of a child as follows: (1) income may be withheld if the beneficiary is entitled to a specified dollar amount or percentage of the income of the trust, or is the sole income beneficiary; and (2) principal may be withheld if the beneficiary has a right to withdraw principal, but not in excess of the amount subject to withdrawal under the instrument, or if the beneficiary is the only beneficiary to whom discretionary payments of principal may be made by the trustee. (Source: P.A. 85-1209.) (735 ILCS 5/12-819) (from Ch. 110, par. 12-819) Sec. 12-819. Limitations on part 8 of Article XII. The provisions of this Part 8 of Article XII of this Act do not apply to orders for withholding of income entered by the court under provisions of The Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act and the Paternity Act for support of a child or maintenance of a spouse. (Source: P.A. 84-1043.) Section 965. The Illinois Wage Assignment Act is amended by changing Section 11 as follows: (740 ILCS 170/11) (from Ch. 48, par. 39.12) Sec. 11. The provisions of this Act do not apply to orders for withholding of income entered by the court under provisions of The Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act and the Paternity Act for support of a child or maintenance of a spouse. (Source: P.A. 83-658.) Section 970. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 713 as follows: (750 ILCS 5/713) (from Ch. 40, par. 713) Sec. 713. Attachment of the Body. As used in this Section, "obligor" has the same meaning ascribed to such term in the Income Withholding for Support Act. (a) In any proceeding to enforce an order for support, where the obligor has failed to appear in court pursuant to order of court and after due notice thereof, the court may enter an order for the attachment of the body of the obligor. Notices under this Section shall be served upon the obligor either (1) by prepaid certified mail with delivery restricted to the obligor, or (2) by personal service on the obligor. The attachment order shall fix an amount of escrow which is equal to a minimum of 20% of the total child support arrearage alleged by the obligee in sworn testimony to be due and owing. The attachment order shall direct the Sheriff of any county in Illinois to take the obligor into custody and shall set the number of days following release from custody for a hearing to be held at which the obligor must appear, if he is released under subsection (c) of this Section. (b) If the obligor is taken into custody, the Sheriff shall take
HOUSE OF REPRESENTATIVES 5931 the obligor before the court which entered the attachment order. However, the Sheriff may release the person after he or she has deposited the amount of escrow ordered by the court pursuant to local procedures for the posting of bond. The Sheriff shall advise the obligor of the hearing date at which the obligor is required to appear. (c) Any escrow deposited pursuant to this Section shall be transmitted to the Clerk of the Circuit Court for the county in which the order for attachment of the body of the obligor was entered. Any Clerk who receives money deposited into escrow pursuant to this Section shall notify the obligee, public office or legal counsel whose name appears on the attachment order of the court date at which the obligor is required to appear and the amount deposited into escrow. The Clerk shall disburse such money to the obligee only under an order from the court that entered the attachment order pursuant to this Section. (d) Whenever an obligor is taken before the court by the Sheriff, or appears in court after the court has ordered the attachment of his body, the court shall: (1) hold a hearing on the complaint or petition that gave rise to the attachment order. For purposes of determining arrearages that are due and owing by the obligor, the court shall accept the previous sworn testimony of the obligee as true and the appearance of the obligee shall not be required. The court shall require sworn testimony of the obligor as to his or her Social Security number, income, employment, bank accounts, property and any other assets. If there is a dispute as to the total amount of arrearages, the court shall proceed as in any other case as to the undisputed amounts; and (2) order the Clerk of the Circuit Court to disburse to the obligee or public office money held in escrow pursuant to this Section if the court finds that the amount of arrearages exceeds the amount of the escrow. Amounts received by the obligee or public office shall be deducted from the amount of the arrearages. (e) If the obligor fails to appear in court after being notified of the court date by the Sheriff upon release from custody, the court shall order any monies deposited into escrow to be immediately released to the obligee or public office and shall proceed under subsection (a) of this Section by entering another order for the attachment of the body of the obligor. (f) This Section shall apply to any order for support issued under the "Illinois Marriage and Dissolution of Marriage Act", approved September 22, 1977, as amended; the "Illinois Parentage Act of 1984", effective July 1, 1985, as amended; the "Revised Uniform Reciprocal Enforcement of Support Act", approved August 28, 1969, as amended; "The Illinois Public Aid Code", approved April 11, 1967, as amended; the Non-Support Punishment Act; and the "Non-support of Spouse and Children Act", approved June 8, 1953, as amended. (g) Any escrow established pursuant to this Section for the purpose of providing support shall not be subject to fees collected by the Clerk of the Circuit Court for any other escrow. (Source: P.A. 90-673, eff. 1-1-99.) Section 975. The Uniform Interstate Family Support Act is amended by changing Section 101 as follows: (750 ILCS 22/101) Sec. 101. Definitions. In this Act: "Child" means an individual, whether over or under the age of 18, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
5932 JOURNAL OF THE [May 26, 1999] "Child-support order" means a support order for a child, including a child who has attained the age of 18. "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse including an unsatisfied obligation to provide support. "Home state" means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support, and if a child is less than 6 months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period. "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Illinois Public Aid Code, and the Illinois Parentage Act of 1984, to withhold support from the income of the obligor. "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this Act or a law or procedure substantially similar to this Act. "Initiating tribunal" means the authorized tribunal in an initiating state. "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage. "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage. "Obligee" means: (i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (iii) an individual seeking a judgment determining parentage of the individual's child. "Obligor" means an individual, or the estate of a decedent: (i) who owes or is alleged to owe a duty of support; (ii) who is alleged but has not been adjudicated to be a parent of a child; or (iii) who is liable under a support order. "Register" means to record a support order or judgment determining parentage in the appropriate Registry of Foreign Support Orders. "Registering tribunal" means a tribunal in which a support order is registered. "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this Act or a law or procedure substantially similar to this Act. "Responding tribunal" means the authorized tribunal in a responding state. "Spousal-support order" means a support order for a spouse or former spouse of the obligor. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
HOUSE OF REPRESENTATIVES 5933 United States. The term includes: (i) an Indian tribe; and (ii) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. "Support enforcement agency" means a public official or agency authorized to seek: (1) enforcement of support orders or laws relating to the duty of support; (2) establishment or modification of child support; (3) determination of parentage; or (4) to locate obligors or their assets. "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief. "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. (Source: P.A. 90-240, eff. 7-28-97.) Section 980. The Illinois Parentage Act of 1984 is amended by changing Section 6 as follows: (750 ILCS 45/6) (from Ch. 40, par. 2506) Sec. 6. Establishment of Parent and Child Relationship by Consent of the Parties. (a) A parent and child relationship may be established voluntarily by the signing and witnessing of a voluntary acknowledgment of parentage in accordance with Section 12 of the Vital Records Act or Section 10-17.7 of the Illinois Public Aid Code. The voluntary acknowledgment of parentage shall contain the social security numbers of the persons signing the voluntary acknowledgment of parentage; however, failure to include the social security numbers of the persons signing a voluntary acknowledgment of parentage does not invalidate the voluntary acknowledgment of parentage. (b) Notwithstanding any other provisions of this Act, paternity established in accordance with subsection (a) has the full force and effect of a judgment entered under this Act and serves as a basis for seeking a child support order without any further proceedings to establish paternity. (c) A judicial or administrative proceeding to ratify paternity established in accordance with subsection (a) is neither required nor permitted. (d) A signed acknowledgment of paternity entered under this Act may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. Pending outcome of the challenge to the acknowledgment of paternity, the legal responsibilities of the signatories shall remain in full force and effect, except upon order of the court upon a showing of good cause. (e) Once a parent and child relationship is established in accordance with subsection (a), an order for support may be established pursuant to a petition to establish an order for support by consent filed with the clerk of the circuit court. A copy of the properly completed acknowledgment of parentage form shall be attached to the petition. The petition shall ask that the circuit court enter an order for support. The petition may ask that an order for visitation, custody, or guardianship be entered. The filing and
5934 JOURNAL OF THE [May 26, 1999] appearance fees provided under the Clerks of Courts Act shall be waived for all cases in which an acknowledgment of parentage form has been properly completed by the parties and in which a petition to establish an order for support by consent has been filed with the clerk of the circuit court. This subsection shall not be construed to prohibit filing any petition for child support, visitation, or custody under this Act, the Illinois Marriage and Dissolution of Marriage Act, or the Non-Support Punishment of Spouse and Children Act. This subsection shall also not be construed to prevent the establishment of an administrative support order in cases involving persons receiving child support enforcement services under Article X of the Illinois Public Aid Code. (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.) Section 985. The Business Corporation Act of 1983 is amended by changing Section 1.25 as follows: (805 ILCS 5/1.25) (from Ch. 32, par. 1.25) Sec. 1.25. List of corporations; exchange of information. (a) The Secretary of State shall publish each year a list of corporations filing an annual report for the preceding year in accordance with the provisions of this Act, which report shall state the name of the corporation and the respective names and addresses of the president, secretary, and registered agent thereof and the address of the registered office in this State of each such corporation. The Secretary of State shall furnish without charge a copy of such report to each recorder of this State, and to each member of the General Assembly and to each State agency or department requesting the same. The Secretary of State shall, upon receipt of a written request and a fee as determined by the Secretary, furnish such report to anyone else. (b) (1) The Secretary of State shall publish daily a list of all newly formed corporations, business and not for profit, chartered by him on that day issued after receipt of the application. The daily list shall contain the same information as to each corporation as is provided for the corporation list published under subsection (a) of this Section. The daily list may be obtained at the Secretary's office by any person, newspaper, State department or agency, or local government for a reasonable charge to be determined by the Secretary. Inspection of the daily list may be made at the Secretary's office during normal business hours without charge by any person, newspaper, State department or agency, or local government. (2) The Secretary shall compile the daily list mentioned in paragraph (1) of subsection (b) of this Section monthly, or more often at the Secretary's discretion. The compilation shall be immediately mailed free of charge to all local governments requesting in writing receipt of such publication, or shall be automatically mailed by the Secretary without charge to local governments as determined by the Secretary. The Secretary shall mail a copy of the compilations free of charge to all State departments or agencies making a written request. A request for a compilation of the daily list once made by a local government or State department or agency need not be renewed. However, the Secretary may request from time to time whether the local governments or State departments or agencies desire to continue receiving the compilation. (3) The compilations of the daily list mentioned in paragraph (2) of subsection (b) of this Section shall be mailed to newspapers, or any other person not included as a recipient in paragraph (2) of subsection (b) of this Section, upon receipt of a written application signed by the applicant and accompanied by the payment of a fee as determined by the Secretary. (c) If a domestic or foreign corporation has filed with the Secretary of State an annual report for the preceding year or has
HOUSE OF REPRESENTATIVES 5935 been newly formed or is otherwise and in any manner registered with the Secretary of State, the Secretary of State shall exchange with the Illinois Department of Public Aid any information concerning that corporation that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. Notwithstanding any provisions in this Act to the contrary, the Secretary of State shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under this subsection or for any other action taken in good faith to comply with the requirements of this subsection. (Source: P.A. 90-18, eff. 7-1-97.) Section 990. The Limited Liability Company Act is amended by changing Section 50-5 as follows: (805 ILCS 180/50-5) Sec. 50-5. List of limited liability companies; exchange of information. (a) The Secretary of State may publish a list or lists of limited liability companies and foreign limited liability companies, as often, in the format, and for the fees as the Secretary of State may in his or her discretion provide by rule. The Secretary of State may disseminate information concerning limited liability companies and foreign limited liability companies by computer network in the format and for the fees as may be determined by rule. (b) Upon written request, any list published under subsection (a) shall be free to each member of the General Assembly, to each State agency or department, and to each recorder in this State. An appropriate fee established by rule to cover the cost of producing the list shall be charged to all others. (c) If a domestic or foreign limited liability company has filed with the Secretary of State an annual report for the preceding year or has been newly formed or is otherwise and in any manner registered with the Secretary of State, the Secretary of State shall exchange with the Illinois Department of Public Aid any information concerning that limited liability company that may be necessary for the enforcement of child support orders entered pursuant to the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, or the Illinois Parentage Act of 1984. Notwithstanding any provisions in this Act to the contrary, the Secretary of State shall not be liable to any person for any disclosure of information to the Illinois Department of Public Aid under this subsection or for any other action taken in good faith to comply with the requirements of this subsection. (Source: P.A. 90-18, eff. 7-1-97.) (750 ILCS 15/Act rep.) Section 992. Repealer. The Non-Support of Spouse and Children Act is repealed. Section 995. Certain actions to be determined under prior law. An action that was commenced under the Non-Support of Spouse and Children Act and is pending on the effective date of this Act shall be decided in accordance with the Non-Support of Spouse and Children Act as it existed immediately before its repeal by this Act. Section 999. Effective date. This Act takes effect on October 1, 1999, except that Section 945 takes effect July 1, 2000.".
5936 JOURNAL OF THE [May 26, 1999] Submitted on May 26, 1999. s/Sen. Patrick O'Malley s/Rep. Lou Lang s/Sen. Carl Hawkinson s/Rep. Thomas Dart s/Sen. Kirk Dillard Rep. Barbara Flynn Currie s/Sen. Barack Obama s/Rep. Art Tenhouse s/Sen. John Cullerton s/Rep. Eileen Lyons Committee for the Senate Committee for the House Representative Novak submitted the following First Conference Committee Report on SENATE BILL 24 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 24 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 24, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 24 be amended by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by changing Sections 16-102, 16-104, 16-108, 16-110, 16-111, 16-115, and 16-130 and adding Sections 16-111.1, 16-111.2, and 16-114.1 as follows: (220 ILCS 5/16-102) Sec. 16-102. Definitions. For the purposes of this Article the following terms shall be defined as set forth in this Section. "Alternative retail electric supplier" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers electric power or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail customers, and shall include, without limitation, resellers, aggregators and power marketers, but shall not include (i) electric utilities (or any agent of the electric utility to the extent the electric utility provides tariffed services to retail customers through that agent), (ii) any electric cooperative or municipal system as defined in Section 17-100 to the extent that the electric cooperative or municipal system is serving retail customers within any area in which it is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, (iii) a public utility that is owned and operated by any public institution of higher education of this State, or a public utility that is owned by such public institution of higher education and operated by any of its lessees or operating agents, within any area in which it is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, (iv) a any retail customer to the extent that customer obtains its electric power and energy from that customer's its own cogeneration or self-generation facilities, (v) an any entity that owns, operates, sells, or arranges for the installation of a customer's own cogeneration or self-generation facilities to be owned by a retail customer described in subparagraph (iv), but only to the
HOUSE OF REPRESENTATIVES 5937 extent the entity is engaged in owning, selling or arranging for the such installation of such facility, or operating the facility on behalf of such customer, provided however that any such third party owner or operator of a facility built after January 1, 1999, complies with the labor provisions of Section 16-128(a) as though such third party were an alternative retail electric supplier, or (vi) an industrial or manufacturing customer that owns its own distribution facilities, to the extent that the customer provides service from that distribution system to a third-party contractor located on the customer's premises that is integrally and predominantly engaged in the customer's industrial or manufacturing process; provided, that if the industrial or manufacturing customer has elected delivery services, the customer shall pay transition charges applicable to the electric power and energy consumed by the third-party contractor unless such charges are otherwise paid by the third party contractor, which shall be calculated based on the usage of, and the base rates or the contract rates applicable to, the third-party contractor in accordance with Section 16-102. "Base rates" means the rates for those tariffed services that the electric utility is required to offer pursuant to subsection (a) of Section 16-103 and that were identified in a rate order for collection of the electric utility's base rate revenue requirement, excluding (i) separate automatic rate adjustment riders then in effect, (ii) special or negotiated contract rates, (iii) delivery services tariffs filed pursuant to Section 16-108, (iv) real-time pricing, or (v) tariffs that were in effect prior to October 1, 1996 and that based charges for services on an index or average of other utilities' charges, but including (vi) any subsequent redesign of such rates for tariffed services that is authorized by the Commission after notice and hearing. "Competitive service" includes (i) any service that has been declared to be competitive pursuant to Section 16-113 of this Act, (ii) contract service, and (iii) services, other than tariffed services, that are related to, but not necessary for, the provision of electric power and energy or delivery services. "Contract service" means (1) services, including the provision of electric power and energy or other services, that are provided by mutual agreement between an electric utility and a retail customer that is located in the electric utility's service area, provided that, delivery services shall not be a contract service until such services are declared competitive pursuant to Section 16-113; and also means (2) the provision of electric power and energy by an electric utility to retail customers outside the electric utility's service area pursuant to Section 16-116. Provided, however, contract service does not include electric utility services provided pursuant to (i) contracts that retail customers are required to execute as a condition of receiving tariffed services, or (ii) special or negotiated rate contracts for electric utility services that were entered into between an electric utility and a retail customer prior to the effective date of this amendatory Act of 1997 and filed with the Commission. "Delivery services" means those services provided by the electric utility that are necessary in order for the transmission and distribution systems to function so that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility, and shall include, without limitation, standard metering and billing services. "Electric utility" means a public utility, as defined in Section 3-105 of this Act, that has a franchise, license, permit or right to furnish or sell electricity to retail customers within a service area.
5938 JOURNAL OF THE [May 26, 1999] "Mandatory transition period" means the period from the effective date of this amendatory Act of 1997 through January 1, 2005. "Municipal system" shall have the meaning set forth in Section 17-100. "Real-time pricing" means charges for delivered electric power and energy that vary on an hour-to-hour basis for nonresidential retail customers and that vary on a periodic basis during the day for residential retail customers. "Retail customer" means a single entity using electric power or energy at a single premises and that (A) either (i) is receiving or is eligible to receive tariffed services from an electric utility, or (ii) that is served by a municipal system or electric cooperative within any area in which the municipal system or electric cooperative is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, or (B) an entity which on the effective date of this Act was receiving electric service from a public utility and (i) was engaged in the practice of resale and redistribution of such electricity within a building prior to January 2, 1957, or (ii) was providing lighting services to tenants in a multi-occupancy building, but only to the extent such resale, redistribution or lighting service is authorized by the electric utility's tariffs that were on file with the Commission on the effective date of this Act. "Service area" means (i) the geographic area within which an electric utility was lawfully entitled to provide electric power and energy to retail customers as of the effective date of this amendatory Act of 1997, and includes (ii) the location of any retail customer to which the electric utility was lawfully providing electric utility services on such effective date. "Small commercial retail customer" means those nonresidential retail customers of an electric utility consuming 15,000 kilowatt-hours or less of electricity annually in its service area. "Tariffed service" means services provided to retail customers by an electric utility as defined by its rates on file with the Commission pursuant to the provisions of Article IX of this Act, but shall not include competitive services. "Transition charge" means a charge expressed in cents per kilowatt-hour that is calculated for a customer or class of customers as follows for each year in which an electric utility is entitled to recover transition charges as provided in Section 16-108: (1) the amount of revenue that an electric utility would receive from the retail customer or customers if it were serving such customers' electric power and energy requirements as a tariffed service based on (A) all of the customers' actual usage during the 3 years ending 90 days prior to the date on which such customers were first eligible for delivery services pursuant to Section 16-104, and (B) on (i) the base rates in effect on October 1, 1996 (adjusted for the reductions required by subsection (b) of Section 16-111, for any reduction resulting from a rate decrease under Section 16-101(b), for any restatement of base rates made in conjunction with an elimination of the fuel adjustment clause pursuant to subsection (b), (d), or (f) of Section 9-220 and for any removal of decommissioning costs from base rates pursuant to Section 16-114) and any separate automatic rate adjustment riders (other than a decommissioning rate as defined in Section 16-114) under which the customers were receiving or, had they been customers, would have received electric power and energy from the electric utility during the year immediately preceding the date on which such customers were first eligible for delivery service pursuant to Section 16-104, or (ii) to the extent applicable, any contract rates, including
HOUSE OF REPRESENTATIVES 5939 contracts or rates for consolidated or aggregated billing, under which such customers were receiving electric power and energy from the electric utility during such year; (2) less the amount of revenue, other than revenue from transition charges and decommissioning rates, that the electric utility would receive from such retail customers for delivery services provided by the electric utility, assuming such customers were taking delivery services for all of their usage, based on the delivery services tariffs in effect during the year for which the transition charge is being calculated and on the usage identified in paragraph (1); (3) less the market value for the electric power and energy that the electric utility would have used to supply all of such customers' electric power and energy requirements, as a tariffed service, based on the usage identified in paragraph (1), with such market value determined in accordance with Section 16-112 of this Act; (4) less the following amount which represents the amount to be attributed to new revenue sources and cost reductions by the electric utility through the end of the period for which transition costs are recovered pursuant to Section 16-108, referred to in this Article XVI as a "mitigation factor": (A) for nonresidential retail customers, an amount equal to the greater of (i) 0.5 cents per kilowatt-hour during the period October 1, 1999 through December 31, 2004, 0.6 cents per kilowatt-hour in calendar year 2005, and 0.9 cents per kilowatt-hour in calendar year 2006, multiplied in each year by the usage identified in paragraph (1), or (ii) an amount equal to the following percentages of the amount produced by applying the applicable base rates (adjusted as described in subparagraph (1)(B)) or contract rate to the usage identified in paragraph (1): 8% for the period October 1, 1999 through December 31, 2002, 10% in calendar years 2003 and 2004, 11% in calendar year 2005 and 12% in calendar year 2006; and (B) for residential retail customers, an amount equal to the following percentages of the amount produced by applying the base rates in effect on October 1, 1996 (adjusted as described in subparagraph (1)(B)) to the usage identified in paragraph (1): (i) 6% from May 1, 2002 through December 31, 2002, (ii) 7% in calendar years 2003 and 2004, (iii) 8% in calendar year 2005, and (iv) 10% in calendar year 2006; (5) divided by the usage of such customers identified in paragraph (1), provided that the transition charge shall never be less than zero. "Unbundled service" means a component or constituent part of a tariffed service which the electric utility subsequently offers separately to its customers. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/16-104) Sec. 16-104. Delivery services transition plan. An electric utility shall provide delivery services to retail customers in accordance with the provisions of this Section. (a) Each electric utility shall offer delivery services to retail customers located in its service area in accordance with the following provisions: (1) On or before October 1, 1999, the electric utility shall offer delivery services (i) to any non-residential retail customer whose average monthly maximum electrical demand on the electric utility's system during the 6 months with the customer's
5940 JOURNAL OF THE [May 26, 1999] highest monthly maximum demands in the 12 months ending June 30, 1999 equals or exceeds 4 megawatts; (ii) to any non-governmental, non-residential, commercial retail customers under common ownership doing business at 10 or more separate locations within the electric utility's service area, if the aggregate coincident average monthly maximum electrical demand of all such locations during the 6 months with the customer's highest monthly maximum electrical demands during the 12 months ending June 30, 1999 equals or exceeds 9.5 megawatts, provided, however, that an electric utility's obligation to offer delivery services under this clause (ii) shall not exceed 3.5% of the maximum electric demand on the electric utility's system in the 12 months ending June 30, 1999; and (iii) to non-residential retail customers whose annual electric energy use comprises 33% of the kilowatt-hour sales, excluding the kilowatt-hour sales to customers described in clauses (i) and (ii), to each non-residential retail customer class of the electric utility. (2) On or before October 1, 2000, the electric utility shall offer delivery services to the eligible governmental customers described in subsections (a) and (b) of Section 16-125A if the aggregate coincident average monthly maximum electrical demand of such customers during the 6 months with the customers' highest monthly maximum electrical demands during the 12 months ending June 30, 2000 equals or exceeds 9.5 megawatts. (2.5) On or before June 1, 2000, an electric utility serving more than 1,000,000 customers in this State shall offer delivery services to retail customers whose annual electric energy use comprises 33% of the kilowatt hour sales to that group of retail customers that are classified under Division D, Groups 20 through 39 of the Standard Industrial Classifications set forth in the Standard Industrial Classification Manual published by the United States Office of Management and Budget, excluding the kilowatt-hour sales to those customers that are eligible for delivery services pursuant to clause (1)(i), and shall offer delivery services to its remaining retail customers classified under Division D, Groups 20 through 39 on or before October 1, 2000. (3) On or before December 31, 2000, the electric utility shall offer delivery services to all remaining nonresidential retail customers in its service area. (4) On or before May 1, 2002, the electric utility shall offer delivery services to all residential retail customers in its service area. The loads and kilowatt-hour sales used for purposes of this subsection shall be those for the 12 months ending June 30, 1999 for nonresidential retail customers. The electric utility shall identify those customers to be offered delivery service pursuant to clause (1)(iii) and paragraph (2.5) of subsection (a) of this Section and Section 16-111(e)(B)(iii) pursuant to a lottery or other random nondiscriminatory selection process set forth in the electric utility's delivery services implementation plan pursuant to Section 16-105, which process may include a registration process giving each nonresidential customer the opportunity to register for eligibility for delivery services under this Section, with a lottery of registered customers to be conducted if the annual electric energy use of all registered customers exceeds the limit set forth in clause (1)(iii) or clause (2.5) or Section 16-111(e)(B)(iii), as applicable; provided that the provision of this amendatory Act of 1999 as it relates to the registration and lottery process under clause (1)(iii) is not intended to nor does it make any change in the meaning of this Section, but is intended to remove possible ambiguities, thereby
HOUSE OF REPRESENTATIVES 5941 confirming the existing meaning of this Section prior to the effective date of this amendatory Act of 1999. Provided, that non-residential retail customers under common ownership at separate locations within the electric utility's service area may elect, prior to the date the electric utility conducts the lottery or other random selection process for purposes of clause (1)(iii), to designate themselves as a common ownership group, to be excluded from such lottery and to instead participate in a separate lottery for such common ownership group pursuant to which delivery services will be offered to non-residential retail customers comprising 33% of the total kilowatt-hour sales to the common ownership group on or before October 1, 1999. For purposes of this subsection (a), an electric utility may define "common ownership" to exclude sites which are not part of the same business, provided, that auxiliary establishments as defined in the Standard Industrial Classification Manual published by the United States Office of Management and Budget shall not be excluded. (b) The electric utility shall allow the aggregation of loads that are eligible for delivery services so long as such aggregation meets the criteria for delivery of electric power and energy applicable to the electric utility established by the regional reliability council to which the electric utility belongs, by an independent system operating organization to which the electric utility belongs, or by another organization responsible for overseeing the integrity and reliability of the transmission system, as such criteria are in effect from time to time. The Commission may adopt rules and regulations governing the criteria for aggregation of the loads utilizing delivery services, but its failure to do so shall not preclude any eligible customer from electing delivery services. The electric utility shall allow such aggregation for any voluntary grouping of customers, including without limitation those having a common agent with contractual authority to purchase electric power and energy and delivery services on behalf of all customers in the grouping. (c) An electric utility shall allow a retail customer that generates power for its own use to include the electrical demand obtained from the customer's cogeneration or self-generation facilities that is coincident with the retail customer's maximum monthly electrical demand on the electric utility's system in any determination of the customer's maximum monthly electrical demand for purposes of determining when such retail customer shall be offered delivery services pursuant to clause (i) of subparagraph (1) of subsection (a) of this Section. (d) The Commission shall establish charges, terms and conditions for delivery services in accordance with Section 16-108. (e) Subject to the terms and conditions which the electric utility is entitled to impose in accordance with Section 16-108, a retail customer that is eligible to elect delivery services pursuant to subsection (a) may place all or a portion of its electric power and energy requirements on delivery services. (f) An electric utility may require a retail customer who elects to (i) use an alternative retail electric supplier or another electric utility for some but not all of its electric power or energy requirements, and (ii) use the electric utility for any portion of its remaining electric power and energy requirements, to place the portion of the customer's electric power or energy requirement that is to be served by the electric utility on a tariff containing charges that are set to recover the lowest reasonably available cost to the electric utility of acquiring electric power and energy on the wholesale electric market to serve such remaining portion of the customer's electric power and energy requirement, reasonable
5942 JOURNAL OF THE [May 26, 1999] compensation for arranging for and providing such electric power or energy, and the electric utility's other costs of providing service to such remaining electric power and energy requirement. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/16-108) Sec. 16-108. Recovery of costs associated with the provision of delivery services. (a) An electric utility shall file a delivery services tariff with the Commission at least 210 days prior to the date that it is required to begin offering such services pursuant to this Act. An electric utility shall provide the components of delivery services that are subject to the jurisdiction of the Federal Energy Regulatory Commission at the same prices, terms and conditions set forth in its applicable tariff as approved or allowed into effect by that Commission. The Commission shall otherwise have the authority pursuant to Article IX to review, approve, and modify the prices, terms and conditions of those components of delivery services not subject to the jurisdiction of the Federal Energy Regulatory Commission, including the authority to determine the extent to which such delivery services should be offered on an unbundled basis. In making any such determination the Commission shall consider, at a minimum, the effect of additional unbundling on (i) the objective of just and reasonable rates, (ii) electric utility employees, and (iii) the development of competitive markets for electric energy services in Illinois. (b) The Commission shall enter an order approving, or approving as modified, the delivery services tariff no later than 30 days prior to the date on which the electric utility must commence offering such services. The Commission may subsequently modify such tariff pursuant to this Act. (c) The electric utility's tariffs shall define the classes of its customers for purposes of delivery services charges. Delivery services shall be priced and made available to all retail customers electing delivery services in each such class on a nondiscriminatory basis regardless of whether the retail customer chooses the electric utility, an affiliate of the electric utility, or another entity as its supplier of electric power and energy. Charges for delivery services shall be cost based, and shall allow the electric utility to recover the costs of providing delivery services through its charges to its delivery service customers that use the facilities and services associated with such costs. Such costs shall include the costs of owning, operating and maintaining transmission and distribution facilities. The Commission shall also be authorized to consider whether, and if so to what extent, the following costs are appropriately included in the electric utility's delivery services rates: (i) the costs of that portion of generation facilities used for the production and absorption of reactive power in order that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility, and (ii) the costs associated with the use and redispatch of generation facilities to mitigate constraints on the transmission or distribution system in order that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility. Nothing in this subsection shall be construed as directing the Commission to allocate any of the costs described in (i) or (ii) that are found to be appropriately included in the electric utility's delivery services rates to any particular customer group or geographic area in setting delivery services rates. (d) The Commission shall establish charges, terms and conditions for delivery services that are just and reasonable and shall take
HOUSE OF REPRESENTATIVES 5943 into account customer impacts when establishing such charges. In establishing charges, terms and conditions for delivery services, the Commission shall take into account voltage level differences. A retail customer shall have the option to request to purchase electric service at any delivery service voltage reasonably and technically feasible from the electric facilities serving that customer's premises provided that there are no significant adverse impacts upon system reliability or system efficiency. A retail customer shall also have the option to request to purchase electric service at any point of delivery that is reasonably and technically feasible provided that there are no significant adverse impacts on system reliability or efficiency. Such requests shall not be unreasonably denied. (e) Electric utilities shall recover the costs of installing, operating or maintaining facilities for the particular benefit of one or more delivery services customers, including without limitation any costs incurred in complying with a customer's request to be served at a different voltage level, directly from the retail customer or customers for whose benefit the costs were incurred, to the extent such costs are not recovered through the charges referred to in subsections (c) and (d) of this Section. (f) An electric utility shall be entitled but not required to implement transition charges in conjunction with the offering of delivery services pursuant to Section 16-104. If an electric utility implements transition charges, it shall implement such charges for all delivery services customers and for all customers described in subsection (h), but shall not implement transition charges for power and energy that a retail customer takes from cogeneration or self-generation facilities located on that retail customer's premises, if such facilities meet the following criteria: (i) the cogeneration or self-generation facilities serve a single retail customer and are located on that retail customer's premises (for purposes of this subparagraph and subparagraph (ii), an industrial or manufacturing retail customer and a third party contractor that is served by such industrial or manufacturing customer through such retail customer's own electrical distribution facilities under the circumstances described in subsection (vi) of the definition of "alternative retail electric supplier" set forth in Section 16-102, shall be considered a single retail customer); (ii) the cogeneration or self-generation facilities either (A) are sized pursuant to generally accepted engineering standards for the retail customer's electrical load at that premises (taking into account standby or other reliability considerations related to that retail customer's operations at that site) or (B) if the facility is a cogeneration facility located on the retail customer's premises, the retail customer is the thermal host for that facility and the facility has been designed to meet that retail customer's thermal energy requirements resulting in electrical output beyond that retail customer's electrical demand at that premises, comply with the operating and efficiency standards applicable to "qualifying facilities" specified in title 18 Code of Federal Regulations Section 292.205 as in effect on the effective date of this amendatory Act of 1999; (iii) the retail customer on whose premises the facilities are located either has an exclusive right to receive, and corresponding obligation to pay for, all of the electrical capacity of the facility, or in the case of a cogeneration facility that has been designed to meet the retail customer's thermal energy requirements at that premises, an identified
5944 JOURNAL OF THE [May 26, 1999] amount of the electrical capacity of the facility, over a minimum 5-year period; and (iv) if the cogeneration facility is sized for the retail customer's thermal load at that premises but exceeds the electrical load, any sales of excess power or energy are made only at wholesale, are subject to the jurisdiction of the Federal Energy Regulatory Commission, and are not for the purpose of circumventing the provisions of this subsection (f). If a generation facility located at a retail customer's premises does not meet the above criteria, an electric utility implementing transition charges shall implement a transition charge until December 31, 2006 for any power and energy taken by such retail customer from such facility as if such power and energy had been delivered by the electric utility. Provided, however, that an industrial retail customer that is taking power from a generation facility that does not meet the above criteria but that is located on such customer's premises will not be subject to a transition charge for the power and energy taken by such retail customer from such generation facility if the facility does not serve any other retail customer and either was installed on behalf of the customer and for its own use prior to January 1, 1997, or is both predominantly fueled by byproducts of such customer's manufacturing process at such premises and sells or offers an average of 300 megawatts or more of electricity produced from such generation facility into the wholesale market. Such charges shall be calculated as provided in Section 16-102, and shall be collected on each kilowatt-hour delivered under a delivery services tariff to a retail customer from the date the customer first takes delivery services until December 31, 2006 except as provided in subsection (h) of this Section. Provided, however, that an electric utility, other than an electric utility providing service to at least 1,000,000 customers in this State on January 1, 1999, shall be entitled to petition for entry of an order by the Commission authorizing the electric utility to implement transition charges for an additional period ending no later than December 31, 2008. The electric utility shall file its petition with supporting evidence no earlier than 16 months, and no later than 12 months, prior to December 31, 2006. The Commission shall hold a hearing on the electric utility's petition and shall enter its order no later than 8 months after the petition is filed. The Commission shall determine whether and to what extent the electric utility shall be authorized to implement transition charges for an additional period. The Commission may authorize the electric utility to implement transition charges for some or all of the additional period, and shall determine the mitigation factors to be used in implementing such transition charges; provided, that the Commission shall not authorize mitigation factors less than 110% of those in effect during the 12 months ended December 31, 2006. In making its determination, the Commission shall consider the following factors: the necessity to implement transition charges for an additional period in order to maintain the financial integrity of the electric utility; the prudence of the electric utility's actions in reducing its costs since the effective date of this amendatory Act of 1997; the ability of the electric utility to provide safe, adequate and reliable service to retail customers in its service area; and the impact on competition of allowing the electric utility to implement transition charges for the additional period. (g) The electric utility shall file tariffs that establish the transition charges to be paid by each class of customers to the electric utility in conjunction with the provision of delivery services. The electric utility's tariffs shall define the classes of its customers for purposes of calculating transition charges. The
HOUSE OF REPRESENTATIVES 5945 electric utility's tariffs shall provide for the calculation of transition charges on a customer-specific basis for any retail customer whose average monthly maximum electrical demand on the electric utility's system during the 6 months with the customer's highest monthly maximum electrical demands equals or exceeds 3.0 megawatts for electric utilities having more than 1,000,000 customers, and for other electric utilities for any customer that has an average monthly maximum electrical demand on the electric utility's system of one megawatt or more, and (A) for which there exists data on the customer's usage during the 3 years preceding the date that the customer became eligible to take delivery services, or (B) for which there does not exist data on the customer's usage during the 3 years preceding the date that the customer became eligible to take delivery services, if in the electric utility's reasonable judgment there exists comparable usage information or a sufficient basis to develop such information, and further provided that the electric utility can require customers for which an individual calculation is made to sign contracts that set forth the transition charges to be paid by the customer to the electric utility pursuant to the tariff. (h) An electric utility shall also be entitled to file tariffs that allow it to collect transition charges from retail customers in the electric utility's service area that do not take delivery services but that take electric power or energy from an alternative retail electric supplier or from an electric utility other than the electric utility in whose service area the customer is located. Such charges shall be calculated, in accordance with the definition of transition charges in Section 16-102, for the period of time that the customer would be obligated to pay transition charges if it were taking delivery services, except that no deduction for delivery services revenues shall be made in such calculation, and usage data from the customer's class shall be used where historical usage data is not available for the individual customer. The customer shall be obligated to pay such charges on a lump sum basis on or before the date on which the customer commences to take service from the alternative retail electric supplier or other electric utility, provided, that the electric utility in whose service area the customer is located shall offer the customer the option of signing a contract pursuant to which the customer pays such charges ratably over the period in which the charges would otherwise have applied. (i) An electric utility shall be entitled to add to the bills of delivery services customers charges pursuant to Sections 9-221, 9-222 (except as provided in Section 9-222.1), and Section 16-114 of this Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee Law, Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997, and Section 13 of the Energy Assistance Act of 1989. (j) If a retail customer that obtains electric power and energy from cogeneration or self-generation facilities installed for its own use on or before January 1, 1997, subsequently takes service from an alternative retail electric supplier or an electric utility other than the electric utility in whose service area the customer is located for any portion of the customer's electric power and energy requirements formerly obtained from those facilities (including that amount purchased from the utility in lieu of such generation and not as standby power purchases, under a cogeneration displacement tariff in effect as of the effective date of this amendatory Act of 1997), the transition charges otherwise applicable pursuant to subsections (f), (g), or (h) of this Section shall not be applicable in any year to that portion of the customer's electric power and energy requirements formerly obtained from those facilities, provided, that
5946 JOURNAL OF THE [May 26, 1999] for purposes of this subsection (j), such portion shall not exceed the average number of kilowatt-hours per year obtained from the cogeneration or self-generation facilities during the 3 years prior to the date on which the customer became eligible for delivery services, except as provided in subsection (f) of Section 16-110. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/16-110) Sec. 16-110. Delivery services customer power purchase options. (a) Each electric utility shall offer a tariffed service or services in accordance with the terms and conditions set forth in this Section pursuant to which its non-residential delivery services customers may purchase from the electric utility an amount of electric power and energy that is equal to or less than the amounts that are delivered by such electric utility. (b) Except as provided in subsection (o) of Section 16-112, a non-residential delivery services customer that is paying transition charges to the electric utility shall be permitted to purchase electric power and energy from the electric utility at a price or prices equal to the sum of (i) the market values that are determined for the electric utility in accordance with Section 16-112 and used by the electric utility to calculate the customer's transition charges and (ii) a fee that compensates the electric utility for any administrative costs it incurs in arranging to supply such electric power and energy. The electric utility may require that the customer purchase such electric power and energy for periods of not less than one year and may also require that the customer give up to 30 days notice for a purchase of one year's duration, and 90 days notice for a purchase of more than one year's duration. A non-residential delivery service customer exercising the option described in this subsection may sell or assign its interests in the electric power or energy that the customer has purchased. In the case of any such assignment or sale by any non-residential delivery service customer to an alternative retail electric supplier that is serving such customer and has been certified pursuant to Section 16-115, an electric utility serving more than 500,000 customers shall provide such power and energy at the same market value as set forth in clause (i) of this subsection, together with the fee charged under clause (ii) of this subsection, less any costs included in such market value or fee with respect to retail marketing activities, provided, however, that in no event shall an electric utility be required after June 1, 2002 to provide power and energy at this market value plus fee that excludes marketing costs for any such assignment or sale by a non-residential customer to an alternative retail electric supplier. At least twice per year, each electric utility shall notify its small commercial retail customers, through bill inserts and other similar means, of their option to obtain electric power and energy through purchases at market value pursuant to this subsection. (c) After the transition charge period applicable to a non-residential delivery services customer, and until the provision of electric power and energy is declared competitive for the customer group to which the customer belongs, a non-residential delivery services customer that paid any transition charges it was legally obligated to pay to an electric utility shall be permitted to purchase electric power and energy from the electric utility for contract periods of one year at a price or prices equal to the sum of (i) the market value determined for that customer's class pursuant to Section 16-112 and (ii) to the extent it is not included in such market value, a fee to compensate the electric utility for the service of arranging the supply or purchase of such electric power and energy. The electric utility may require that a delivery services customer give the following notice for such a purchase: (i)
HOUSE OF REPRESENTATIVES 5947 for a small commercial retail customer, not more than 30 days; (ii) for a nonresidential customer which is not a small commercial retail customer but which has maximum electrical demand of less than 500 kilowatts, not more than 6 months; (iii) for a nonresidential customer with maximum electrical demand of 500 kilowatts or more but less than one megawatt, not more than 9 months; and (iv) for a nonresidential customer with maximum electrical demand of one megawatt or more, not more than one year. At least twice per year, each electric utility shall notify its small commercial retail customers, through bill inserts or other similar means, of their option to obtain electric power and energy through purchases at market value pursuant to this subsection. (d) After the transition charge period applicable to a non-residential delivery services customer, and until the provision of electric power and energy is declared competitive for the customer group to which the customer belongs, a non-residential delivery services customer, other than a small commercial retail customer, that paid any transition charges it was legally obligated to pay to an electric utility shall be permitted to purchase electric power and energy from the electric utility for contract periods of one year at a price or prices equal to (A) the sum of (i) the electric utility's actual cost of procuring such electric power and energy and (ii) a broker's fee to compensate the electric utility for arranging the supply, or, if the utility so elects, (B) the market value of electric power or energy provided by the electric utility determined as set forth in the electric utility's tariff for that customer's class. The electric utility may require that the delivery services customer give up to 30 days notice for such a purchase. (e) Each delivery services customer purchasing electric power and energy from the electric utility pursuant to a tariff filed in accordance with this Section shall also pay all of the applicable charges set forth in the electric utility's delivery services tariffs and any other tariffs applicable to the services provided to that customer by the electric utility. (f) An electric utility can require a retail customer taking delivery services that formerly generated electric power and energy for its own use and that would not otherwise pay transition charges on a portion of its electric power and energy requirements served on delivery services to pay transition charges on that portion of the customer's electric power and energy requirements as a condition of exercising the delivery services customer power purchase options set forth in this Section. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/16-111) Sec. 16-111. Rates and restructuring transactions during mandatory transition period. (a) During the mandatory transition period, notwithstanding any provision of Article IX of this Act, and except as provided in subsections (b), (d), (e), and (f) of this Section, the Commission shall not (i) initiate, authorize or order any change by way of increase (other than in connection with a request for rate increase which was filed after September 1, 1997 but prior to October 15, 1997, by an electric utility serving less than 12,500 customers in this state), (ii) initiate or, unless requested by the electric utility, authorize or order any change by way of decrease, restructuring or unbundling (except as provided in Section 16-109A), in the rates of any electric utility that were in effect on October 1, 1996, or (iii) in any order approving any application for a merger pursuant to Section 7-204 that was pending as of May 16, 1997, impose any condition requiring any filing for an increase, decrease, or change in, or other review of, an electric utility's rates or enforce
5948 JOURNAL OF THE [May 26, 1999] any such condition of any such order; provided, however, that this subsection shall not prohibit the Commission from: (1) approving the application of an electric utility to implement an alternative to rate of return regulation or a regulatory mechanism that rewards or penalizes the electric utility through adjustment of rates based on utility performance, pursuant to Section 9-244; (2) authorizing an electric utility to eliminate its fuel adjustment clause and adjust its base rate tariffs in accordance with subsection (b), (d), or (f) of Section 9-220 of this Act, to fix its fuel adjustment factor in accordance with subsection (c) of Section 9-220 of this Act, or to eliminate its fuel adjustment clause in accordance with subsection (e) of Section 9-220 of this Act; (3) ordering into effect tariffs for delivery services and transition charges in accordance with Sections 16-104 and 16-108, for real-time pricing in accordance with Section 16-107, or the options required by Section 16-110 and subsection (n) of 16-112, allowing a billing experiment in accordance with Section 16-106, or modifying delivery services tariffs in accordance with Section 16-109; or (4) ordering or allowing into effect any tariff to recover charges pursuant to Sections 9-201.5, 9-220.1, 9-221, 9-222 (except as provided in Section 9-222.1), 16-108, and 16-114 of this Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee Law, Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997, and Section 13 of the Energy Assistance Act of 1989. (b) Notwithstanding the provisions of subsection (a), each Illinois electric utility serving more than 12,500 customers in Illinois shall file tariffs (i) reducing, effective August 1, 1998, each component of its base rates to residential retail customers by 15% from the base rates in effect immediately prior to January 1, 1998 and (ii) if the public utility provides electric service to (A) more than 500,000 customers but less than 1,000,000 customers in this State on January 1, 1999 the effective date of this amendatory Act of 1997, reducing, effective May 1, 2002, each component of its base rates to residential retail customers by an additional 5% from the base rates in effect immediately prior to January 1, 1998, or (B) at least 1,000,000 customers in this State on January 1, 1999, reducing, effective October 1, 2001, each component of its base rates to residential retail customers by an additional 5% from the base rates in effect immediately prior to January 1, 1998. Provided, however, that (A) if an electric utility's average residential retail rate is less than or equal to the average residential retail rate for a group of Midwest Utilities (consisting of all investor-owned electric utilities with annual system peaks in excess of 1000 megawatts in the States of Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri, Ohio, and Wisconsin), based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, then it shall only be required to file tariffs (i) reducing, effective August 1, 1998, each component of its base rates to residential retail customers by 5% from the base rates in effect immediately prior to January 1, 1998, (ii) reducing, effective October 1, 2000, each component of its base rates to residential retail customers by the lesser of 5% of the base rates in effect immediately prior to January 1, 1998 or the percentage by which the electric utility's average residential retail rate exceeds the average residential retail rate of the Midwest Utilities, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1999, and (iii) reducing, effective October 1, 2002, each component of its base
HOUSE OF REPRESENTATIVES 5949 rates to residential retail customers by an additional amount equal to the lesser of 5% of the base rates in effect immediately prior to January 1, 1998 or the percentage by which the electric utility's average residential retail rate exceeds the average residential retail rate of the Midwest Utilities, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 2001; and (B) if the average residential retail rate of an electric utility serving between 150,000 and 250,000 retail customers in this State on January 1, 1995 is less than or equal to 90% of the average residential retail rate for the Midwest Utilities, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, then it shall only be required to file tariffs (i) reducing, effective August 1, 1998, each component of its base rates to residential retail customers by 2% from the base rates in effect immediately prior to January 1, 1998; (ii) reducing, effective October 1, 2000, each component of its base rates to residential retail customers by 2% from the base rate in effect immediately prior to January 1, 1998; and (iii) reducing, effective October 1, 2002, each component of its base rates to residential retail customers by 1% from the base rates in effect immediately prior to January 1, 1998. Provided, further, that any electric utility for which a decrease in base rates has been or is placed into effect between October 1, 1996 and the dates specified in the preceding sentences of this subsection, other than pursuant to the requirements of this subsection, shall be entitled to reduce the amount of any reduction or reductions in its base rates required by this subsection by the amount of such other decrease. The tariffs required under this subsection shall be filed 45 days in advance of the effective date. Notwithstanding anything to the contrary in Section 9-220 of this Act, no restatement of base rates in conjunction with the elimination of a fuel adjustment clause under that Section shall result in a lesser decrease in base rates than customers would otherwise receive under this subsection had the electric utility's fuel adjustment clause not been eliminated. (c) Any utility reducing its base rates by 15% on August 1, 1998 pursuant to subsection (b) shall include the following statement on its bills for residential customers from August 1 through December 31, 1998: "Effective August 1, 1998, your rates have been reduced by 15% by the Electric Service Customer Choice and Rate Relief Law of 1997 passed by the Illinois General Assembly.". Any utility reducing its base rates by 5% on August 1, 1998, pursuant to subsection (b) shall include the following statement on its bills for residential customers from August 1 through December 31, 1998: "Effective August 1, 1998, your rates have been reduced by 5% by the Electric Service Customer Choice and Rate Relief Law of 1997 passed by the Illinois General Assembly.". Any utility reducing its base rates by 2% on August 1, 1998 pursuant to subsection (b) shall include the following statement on its bills for residential customers from August 1 through December 31, 1998: "Effective August 1, 1998, your rates have been reduced by 2% by the Electric Service Customer Choice and Rate Relief Law of 1997 passed by the Illinois General Assembly.". (d) During the mandatory transition period, but not before January 1, 2000, and notwithstanding the provisions of subsection (a), an electric utility may request an increase in its base rates if the electric utility demonstrates that the 2-year average of its earned rate of return on common equity, calculated as its net income applicable to common stock divided by the average of its beginning and ending balances of common equity using data reported in the electric utility's Form 1 report to the Federal Energy Regulatory Commission but adjusted to remove the effects of accelerated
5950 JOURNAL OF THE [May 26, 1999] depreciation or amortization or other transition or mitigation measures implemented by the electric utility pursuant to subsection (g) of this Section and the effect of any refund paid pursuant to subsection (e) of this Section, is below the 2-year average for the same 2 years of the monthly average yields of 30-year U.S. Treasury bonds published by the Board of Governors of the Federal Reserve System in its weekly H.15 Statistical Release or successor publication. The Commission shall review the electric utility's request, and may review the justness and reasonableness of all rates for tariffed services, in accordance with the provisions of Article IX of this Act, provided that the Commission shall consider any special or negotiated adjustments to the revenue requirement agreed to between the electric utility and the other parties to the proceeding. In setting rates under this Section, the Commission shall exclude the costs and revenues that are associated with competitive services and any billing or pricing experiments conducted under Section 16-106. (e) For the purposes of this subsection (e) all calculations and comparisons shall be performed for the Illinois operations of multijurisdictional utilities. During the mandatory transition period, notwithstanding the provisions of subsection (a), if the 2-year average of an electric utility's earned rate of return on common equity, calculated as its net income applicable to common stock divided by the average of its beginning and ending balances of common equity using data reported in the electric utility's Form 1 report to the Federal Energy Regulatory Commission but adjusted to remove the effect of any refund paid under this subsection (e), and further adjusted to include the annual amortization of any difference between the consideration received by an affiliated interest of the electric utility in the sale of an asset which had been sold or transferred by the electric utility to the affiliated interest subsequent to the effective date of this amendatory Act of 1997 and the consideration for which such asset had been sold or transferred to the affiliated interest, with such difference to be amortized ratably from the date of the sale by the affiliated interest to December 31, 2006, exceeds the 2-year average of the Index for the same 2 years by 1.5 or more percentage points, the electric utility shall make refunds to customers beginning the first billing day of April in the following year in the manner described in paragraph (3) of this subsection. For purposes of this subsection (e), the "Index" shall be the sum of (A) the average for the 12 months ended September 30 of the monthly average yields of 30-year U.S. Treasury bonds published by the Board of Governors of the Federal Reserve System in its weekly H.15 Statistical Release or successor publication for each year 1998 through 2004, and (B) (i) 4.00 percentage points for each of the 12-month periods ending September 30, 1998 through September 30, 1999 or 8.00 percentage points if the electric utility's average residential retail rate is less than or equal to 90% of the average residential retail rate for the "Midwest Utilities", as that term is defined in subsection (b) of this Section, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, and the electric utility served between 150,000 and 250,000 retail customers on January 1, 1995, or (ii) 7.00 5.00 percentage points for each of the 12-month periods ending September 30, 2000 through September 30, 2004 if the electric utility was providing service to at least 1,000,000 customers in this State on January 1, 1999, or 9.00 percentage points if the electric utility's average residential retail rate is less than or equal to 90% of the average residential retail rate for the "Midwest Utilities", as that term is defined in subsection (b) of this Section, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year
HOUSE OF REPRESENTATIVES 5951 1995 and the electric utility served between 150,000 and 250,000 retail customers in this State on January 1, 1995, (iii) 11.00 percentage points for each of the 12-month periods ending September 30, 2000 through September 30, 2004, but only if the electric utility's average residential retail rate is less than or equal to 90% of the average residential retail rate for the "Midwest Utilities", as that term is defined in subsection (b) of this Section, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, the electric utility served between 150,000 and 250,000 retail customers in this State on January 1, 1995, and the electric utility offers delivery services on or before June 1, 2000 to retail customers whose annual electric energy use comprises 33% of the kilowatt hour sales to that group of retail customers that are classified under Division D, Groups 20 through 39 of the Standard Industrial Classifications set forth in the Standard Industrial Classification Manual published by the United States Office of Management and Budget, excluding the kilowatt hour sales to those customers that are eligible for delivery services pursuant to Section 16-104(a)(1)(i), and offers delivery services to its remaining retail customers classified under Division D, Groups 20 through 39 on or before October 1, 2000, and, provided further, that the electric utility commits not to petition pursuant to Section 16-108(f) for entry of an order by the Commission authorizing the electric utility to implement transition charges for an additional period after December 31, 2006, or (iv) 5.00 percentage points for each of the 12-month periods ending September 30, 2000 through September 30, 2004 for all other electric utilities or 7.00 percentage points for such utilities for each of the 12-month periods ending September 30, 2000 through September 30, 2004 for any such utility that commits not to petition pursuant to Section 16-108(f) for entry of an order by the Commission authorizing the electric utility to implement transition charges for an additional period after December 31, 2006. (1) For purposes of this subsection (e), "excess earnings" means the difference between (A) the 2-year average of the electric utility's earned rate of return on common equity, less (B) the 2-year average of the sum of (i) the Index applicable to each of the 2 years and (ii) 1.5 percentage points; provided, that "excess earnings" shall never be less than zero. (2) On or before March 31 of each year 2000 through 2005 each electric utility shall file a report with the Commission showing its earned rate of return on common equity, calculated in accordance with this subsection, for the preceding calendar year and the average for the preceding 2 calendar years. (3) If an electric utility has excess earnings, determined in accordance with paragraphs (1) and (2) of this subsection, the refunds which the electric utility shall pay to its customers beginning the first billing day of April in the following year shall be calculated and applied as follows: (i) The electric utility's excess earnings shall be multiplied by the average of the beginning and ending balances of the electric utility's common equity for the 2-year period in which excess earnings occurred. (ii) The result of the calculation in (i) shall be multiplied by 0.50 and then divided by a number equal to 1 minus the electric utility's composite federal and State income tax rate. (iii) The result of the calculation in (ii) shall be divided by the sum of the electric utility's projected total kilowatt-hour sales to retail customers plus projected kilowatt-hours to be delivered to delivery services
5952 JOURNAL OF THE [May 26, 1999] customers over a one year period beginning with the first billing date in April in the succeeding year to determine a cents per kilowatt-hour refund factor. (iv) The cents per kilowatt-hour refund factor calculated in (iii) shall be credited to the electric utility's customers by applying the factor on the customer's monthly bills to each kilowatt-hour sold or delivered until the total amount calculated in (ii) has been paid to customers. (f) During the mandatory transition period, an electric utility may file revised tariffs reducing the price of any tariffed service offered by the electric utility for all customers taking that tariffed service, which shall be effective 7 days after filing. (g) During the mandatory transition period, an electric utility may, without obtaining any approval of the Commission other than that provided for in this subsection and notwithstanding any other provision of this Act or any rule or regulation of the Commission that would require such approval: (1) implement a reorganization, other than a merger of 2 or more public utilities as defined in Section 3-105 or their holding companies; (2) retire generating plants from service; (3) sell, assign, lease or otherwise transfer assets to an affiliated or unaffiliated entity and as part of such transaction enter into service agreements, power purchase agreements, or other agreements with the transferee; provided, however, that the prices, terms and conditions of any power purchase agreement must be approved or allowed into effect by the Federal Energy Regulatory Commission; or (4) use any accelerated cost recovery method including accelerated depreciation, accelerated amortization or other capital recovery methods, or record reductions to the original cost of its assets. In order to implement a reorganization, retire generating plants from service, or sell, assign, lease or otherwise transfer assets pursuant to this Section, the electric utility shall comply with subsections (c) and (d) of Section 16-128, if applicable, and subsection (k) of this Section, if applicable, and provide the Commission with at least 30 days notice of the proposed reorganization or transaction, which notice shall include the following information: (i) a complete statement of the entries that the electric utility will make on its books and records of account to implement the proposed reorganization or transaction together with a certification from an independent certified public accountant that such entries are in accord with generally accepted accounting principles and, if the Commission has previously approved guidelines for cost allocations between the utility and its affiliates, a certification from the chief accounting officer of the utility that such entries are in accord with those cost allocation guidelines; (ii) a description of how the electric utility will use proceeds of any sale, assignment, lease or transfer to retire debt or otherwise reduce or recover the costs of services provided by such electric utility; (iii) a list of all federal approvals or approvals required from departments and agencies of this State, other than the Commission, that the electric utility has or will obtain before implementing the reorganization or transaction;
HOUSE OF REPRESENTATIVES 5953 (iv) an irrevocable commitment by the electric utility that it will not, as a result of the transaction, impose any stranded cost charges that it might otherwise be allowed to charge retail customers under federal law or increase the transition charges that it is otherwise entitled to collect under this Article XVI; and (v) if the electric utility proposes to sell, assign, lease or otherwise transfer a generating plant that brings the amount of net dependable generating capacity transferred pursuant to this subsection to an amount equal to or greater than 15% of the electric utility's net dependable capacity as of the effective date of this amendatory Act of 1997, and enters into a power purchase agreement with the entity to which such generating plant is sold, assigned, leased, or otherwise transferred, the electric utility also agrees, if its fuel adjustment clause has not already been eliminated, to eliminate its fuel adjustment clause in accordance with subsection (b) of Section 9-220 for a period of time equal to the length of any such power purchase agreement or successor agreement, or until January 1, 2005, whichever is longer; if the capacity of the generating plant so transferred and related power purchase agreement does not result in the elimination of the fuel adjustment clause under this subsection, and the fuel adjustment clause has not already been eliminated, the electric utility shall agree that the costs associated with the transferred plant that are included in the calculation of the rate per kilowatt-hour to be applied pursuant to the electric utility's fuel adjustment clause during such period shall not exceed the per kilowatt-hour cost associated with such generating plant included in the electric utility's fuel adjustment clause during the full calendar year preceding the transfer, with such limit to be adjusted each year thereafter by the Gross Domestic Product Implicit Price Deflator. (vi) In addition, if the electric utility proposes to sell, assign, or lease, (A) either (1) an amount of generating plant that brings the amount of net dependable generating capacity transferred pursuant to this subsection to an amount equal to or greater than 15% of its net dependable capacity on the effective date of this amendatory Act of 1997, or (2) one or more generating plants with a total net dependable capacity of 1100 megawatts, or (B) transmission and distribution facilities that either (1) bring the amount of transmission and distribution facilities transferred pursuant to this subsection to an amount equal to or greater than 15% of the electric utility's total depreciated original cost investment in such facilities, or (2) represent an investment of $25,000,000 in terms of total depreciated original cost, the electric utility shall provide, in addition to the information listed in subparagraphs (i) through (v), the following information: (A) a description of how the electric utility will meet its service obligations under this Act in a safe and reliable manner and (B) the electric utility's projected earned rate of return on common equity, calculated in accordance with subsection (d) of this Section, for each year from the date of the notice through December 31, 2004 both with and without the proposed transaction. If the Commission has not issued an order initiating a hearing on the proposed transaction within 30 days after the date the electric
5954 JOURNAL OF THE [May 26, 1999] utility's notice is filed, the transaction shall be deemed approved. The Commission may, after notice and hearing, prohibit the proposed transaction if it makes either or both of the following findings: (1) that the proposed transaction will render the electric utility unable to provide its tariffed services in a safe and reliable manner, or (2) that there is a strong likelihood that consummation of the proposed transaction will result in the electric utility being entitled to request an increase in its base rates during the mandatory transition period pursuant to subsection (d) of this Section. Any hearing initiated by the Commission into the proposed transaction shall be completed, and the Commission's final order approving or prohibiting the proposed transaction shall be entered, within 90 days after the date the electric utility's notice was filed. Provided, however, that a sale, assignment, or lease of transmission facilities to an independent system operator that meets the requirements of Section 16-126 shall not be subject to Commission approval under this Section. In any proceeding conducted by the Commission pursuant to this subparagraph (vi), intervention shall be limited to parties with a direct interest in the transaction which is the subject of the hearing and any statutory consumer protection agency as defined in subsection (d) of Section 9-102.1. Notwithstanding the provisions of Section 10-113 of this Act, any application seeking rehearing of an order issued under this subparagraph (vi), whether filed by the electric utility or by an intervening party, shall be filed within 10 days after service of the order. The Commission shall not in any subsequent proceeding or otherwise, review such a reorganization or other transaction authorized by this Section, but shall retain the authority to allocate costs as stated in Section 16-111(i). An entity to which an electric utility sells, assigns, leases or transfers assets pursuant to this subsection (g) shall not, as a result of the transactions specified in this subsection (g), be deemed a public utility as defined in Section 3-105. Nothing in this subsection (g) shall change any requirement under the jurisdiction of the Illinois Department of Nuclear Safety including, but not limited to, the payment of fees. Nothing in this subsection (g) shall exempt a utility from obtaining a certificate pursuant to Section 8-406 of this Act for the construction of a new electric generating facility. Nothing in this subsection (g) is intended to exempt the transactions hereunder from the operation of the federal or State antitrust laws. Nothing in this subsection (g) shall require an electric utility to use the procedures specified in this subsection for any of the transactions specified herein. Any other procedure available under this Act may, at the electric utility's election, be used for any such transaction. (h) During the mandatory transition period, the Commission shall not establish or use any rates of depreciation, which for purposes of this subsection shall include amortization, for any electric utility other than those established pursuant to subsection (c) of Section 5-104 of this Act or utilized pursuant to subsection (g) of this Section. Provided, however, that in any proceeding to review an electric utility's rates for tariffed services pursuant to Section 9-201, 9-202, 9-250 or 16-111(d) of this Act, the Commission may establish new rates of depreciation for the electric utility in the same manner provided in subsection (d) of Section 5-104 of this Act. An electric utility implementing an accelerated cost recovery method including accelerated depreciation, accelerated amortization or other
HOUSE OF REPRESENTATIVES 5955 capital recovery methods, or recording reductions to the original cost of its assets, pursuant to subsection (g) of this Section, shall file a statement with the Commission describing the accelerated cost recovery method to be implemented or the reduction in the original cost of its assets to be recorded. Upon the filing of such statement, the accelerated cost recovery method or the reduction in the original cost of assets shall be deemed to be approved by the Commission as though an order had been entered by the Commission. (i) Subsequent to the mandatory transition period, the Commission, in any proceeding to establish rates and charges for tariffed services offered by an electric utility, shall consider only (1) the then current or projected revenues, costs, investments and cost of capital directly or indirectly associated with the provision of such tariffed services; (2) collection of transition charges in accordance with Sections 16-102 and 16-108 of this Act; (3) recovery of any employee transition costs as described in Section 16-128 which the electric utility is continuing to incur, including recovery of any unamortized portion of such costs previously incurred or committed, with such costs to be equitably allocated among bundled services, delivery services, and contracts with alternative retail electric suppliers; and (4) recovery of the costs associated with the electric utility's compliance with decommissioning funding requirements; and shall not consider any other revenues, costs, investments or cost of capital of either the electric utility or of any affiliate of the electric utility that are not associated with the provision of tariffed services. In setting rates for tariffed services, the Commission shall equitably allocate joint and common costs and investments between the electric utility's competitive and tariffed services. In determining the justness and reasonableness of the electric power and energy component of an electric utility's rates for tariffed services subsequent to the mandatory transition period and prior to the time that the provision of such electric power and energy is declared competitive, the Commission shall consider the extent to which the electric utility's tariffed rates for such component for each customer class exceed the market value determined pursuant to Section 16-112, and, if the electric power and energy component of such tariffed rate exceeds the market value by more than 10% for any customer class, may establish such electric power and energy component at a rate equal to the market value plus 10%. In any such case, the Commission may also elect to extend the provisions of Section 16-111(e) for any period in which the electric utility is collecting transition charges, using information applicable to such period. (j) During the mandatory transition period, an electric utility may elect to transfer to a non-operating income account under the Commission's Uniform System of Accounts either or both of (i) an amount of unamortized investment tax credit that is in addition to the ratable amount which is credited to the electric utility's operating income account for the year in accordance with Section 46(f)(2) of the federal Internal Revenue Code of 1986, as in effect prior to P.L. 101-508, or (ii) "excess tax reserves", as that term is defined in Section 203(e)(2)(A) of the federal Tax Reform Act of 1986, provided that (A) the amount transferred may not exceed the amount of the electric utility's assets that were created pursuant to Statement of Financial Accounting Standards No. 71 which the electric utility has written off during the mandatory transition period, and (B) the transfer shall not be effective until approved by the Internal Revenue Service. An electric utility electing to make such a transfer shall file a statement with the Commission stating the amount and timing of the transfer for which it intends to request approval of the Internal Revenue Service, along with a copy of its
5956 JOURNAL OF THE [May 26, 1999] proposed request to the Internal Revenue Service for a ruling. The Commission shall issue an order within 14 days after the electric utility's filing approving, subject to receipt of approval from the Internal Revenue Service, the proposed transfer. (k) If an electric utility is selling or transferring to a single buyer 5 or more generating plants located in this State with a total net dependable capacity of 5000 megawatts or more pursuant to subsection (g) of this Section and has obtained a sale price or consideration that exceeds 200% of the book value of such plants, the electric utility must provide to the Governor, the President of the Illinois Senate, the Minority Leader of the Illinois Senate, the Speaker of the Illinois House of Representatives, and the Minority Leader of the Illinois House of Representatives no later than 15 days after filing its notice under subsection (g) of this Section or 5 days after the date on which this subsection (k) becomes law, whichever is later, a written commitment in which such electric utility agrees to expend $2 billion outside the corporate limits of any municipality with 1,000,000 or more inhabitants within such electric utility's service area, over a 6-year period beginning with the calendar year in which the notice is filed, on projects, programs, and improvements within its service area relating to transmission and distribution including, without limitation, infrastructure expansion, repair and replacement, capital investments, operations and maintenance, and vegetation management. (Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97.) (220 ILCS 5/16-111.1 new) Sec. 16-111.1. Illinois Clean Energy Community Trust. (a) An electric utility which has sold or transferred generating facilities in a transaction to which subsection (k) of Section 16-111 applies is authorized to establish an Illinois clean energy community trust or foundation for the purposes of providing financial support and assistance to entities, public or private, within the State of Illinois including, but not limited to, units of State and local government, educational institutions, corporations, and charitable, educational, environmental and community organizations, for programs and projects that benefit the public by improving energy efficiency, developing renewable energy resources, supporting other energy related projects that improve the State's environmental quality, and supporting projects and programs intended to preserve or enhance the natural habitats and wildlife areas of the State. Provided, however, that the trust or foundation funds shall not be used for the remediation of environmentally impaired property. The trust or foundation may also assist in identifying other energy and environmental grant opportunities. (b) Such trust or foundation shall be governed by a declaration of trust or articles of incorporation and by- laws which shall, at a minimum, provide that: (1) There shall be 6 voting trustees of the trust or foundation, one of whom shall be appointed by the Governor, one of whom shall be appointed by the President of the Illinois Senate, one of whom shall be appointed by the Minority Leader of the Illinois Senate, one of whom shall be appointed by the Speaker of the Illinois House of Representatives, one of whom shall be appointed by the Minority Leader of the Illinois House of Representatives, and one of whom shall be appointed by the electric utility establishing the trust or foundation, provided that the voting trustee appointed by the utility shall be a representative of a recognized environmental action group selected by the utility. The Governor shall select one of the 6 voting trustees, once appointed, to be the first chairman of the trust or foundation pending the first election of officers. In
HOUSE OF REPRESENTATIVES 5957 addition, there shall be 4 non-voting trustees, one of whom shall be appointed by the Director of the Department of Commerce and Community Affairs, one of whom shall be appointed by the Director of the Illinois Environmental Protection Agency, one of whom shall be appointed by the Director of the Department of Natural Resources, and one of whom shall be appointed by the electric utility establishing the trust or foundation, provided that the non-voting trustee appointed by the utility shall bring financial expertise to the trust or foundation and shall have appropriate credentials therefor. (2) All voting trustees and the non-voting trustee with financial expertise shall be entitled to compensation for their services as trustees, provided, however, that no member of the General Assembly and no employee of the electric utility establishing the trust or foundation serving as a voting trustee shall receive any compensation for his or her services as a trustee, and provided further that the compensation to the chairman of the trust shall not exceed $25,000 annually and the compensation to any other trustee shall not exceed $20,000 annually. All trustees shall be entitled to reimbursement for reasonable expenses incurred on behalf of the trust in the performance of their duties as trustees. All such compensation and reimbursements shall be paid out of the trust. (3) Trustees shall be appointed within 30 days after the creation of the trust or foundation and shall serve for a term of 5 years commencing upon the date of their respective appointments, until their respective successors are appointed and qualified. (4) A vacancy in the office of trustee shall be filled by the person holding the office responsible for appointing the trustee whose death or resignation creates the vacancy, and a trustee appointed to fill a vacancy shall serve the remainder of the term of the trustee whose resignation or death created the vacancy. (5) The trust or foundation shall have an indefinite term, and shall terminate at such time as no trust assets remain. (6) The trust or foundation shall be funded in the minimum amount of $250,000,000, with the allocation and disbursement of funds for the various purposes for which the trust or foundation is established to be determined by the trustees in accordance with the declaration of trust or the articles of incorporation and by-laws; provided, however, that this amount may be reduced by up to $25,000,000 if, at the time the trust or foundation is funded, a corresponding amount is contributed by the electric utility establishing the trust or foundation to the Board of Trustees of Southern Illinois University for the purpose of funding programs or projects related to clean coal and provided further that $25,000,000 of the amount contributed to the trust or foundation shall be available to fund programs or projects related to clean coal. (7) The trust or foundation shall be authorized to employ an executive director and other employees, to enter into leases, contracts and other obligations on behalf of the trust or foundation, and to incur expenses that the trustees deem necessary or appropriate for the fulfillment of the purposes for which the trust or foundation is established, provided, however, that salaries and administrative expenses incurred on behalf of the trust or foundation shall not exceed $500,000 in the first fiscal year after the trust or foundation is established and shall not exceed $1,000,000 in each subsequent fiscal year. (8) The trustees may create and appoint advisory boards or
5958 JOURNAL OF THE [May 26, 1999] committees to assist them with the administration of the trust or foundation, and to advise and make recommendations to them regarding the contribution and disbursement of the trust or foundation funds. (c)(1) In addition to the allocation and disbursement of funds for the purposes set forth in subsection (a) of this Section, the trustees of the trust or foundation shall annually contribute funds in amounts set forth in subparagraph (2) of this subsection to the Citizens Utility Board created by the Citizens Utility Board Act; provided, however, that any such funds shall be used solely for the representation of the interests of utility consumers before the Illinois Commerce Commission, the Federal Energy Regulatory Commission, and the Federal Communications Commission and for the provision of consumer education on utility service and prices and on benefits and methods of energy conservation. Provided, however, that no part of such funds shall be used to support (i) any lobbying activity, (ii) activities related to fundraising, (iii) advertising or other marketing efforts regarding a particular utility, or (iv) solicitation of support for, or advocacy of, a particular position regarding any specific utility or a utility's docketed proceeding. (2) In the calendar year in which the trust or foundation is first funded, the trustees shall contribute $1,000,000 to the Citizens Utility Board within 60 days after such trust or foundation is established; provided, however, that such contribution shall be made after December 31, 1999. In each of the 6 calendar years subsequent to the first contribution, if the trust or foundation is in existence, the trustees shall contribute to the Citizens Utility Board an amount equal to the total expenditures by such organization in the prior calendar year, as set forth in the report filed by the Citizens Utility Board with the chairman of such trust or foundation as required by subparagraph (3) of this subsection. Such subsequent contributions shall be made within 30 days of submission by the Citizens Utility Board of such report to the Chairman of the trust or foundation, but in no event shall any annual contribution by the trustees to the Citizens Utility Board exceed $1,000,000. Following such 7-year period, an Illinois statutory consumer protection agency may petition the trust or foundation for contributions to fund expenditures of the type identified in paragraph (1), but in no event shall annual contributions by the trust or foundation for such expenditures exceed $1,000,000. (3) The Citizens Utility Board shall file a report with the chairman of such trust or foundation for each year in which it expends any funds received from the trust or foundation setting forth the amount of any expenditures (regardless of the source of funds for such expenditures) for: (i) the representation of the interests of utility consumers before the Illinois Commerce Commission, the Federal Energy Regulatory Commission, and the Federal Communications Commission, and (ii) the provision of consumer education on utility service and prices and on benefits and methods of energy conservation. Such report shall separately state the total amount of expenditures for the purposes or activities identified by items (i) and (ii) of this paragraph, the name and address of the external recipient of any such expenditure, if applicable, and the specific purposes or activities (including internal purposes or activities) for which each expenditure was made. Any report required by this subsection shall be filed with the chairman of such trust or foundation no later than March 31 of the year immediately following the year for which the report is required.
HOUSE OF REPRESENTATIVES 5959 (220 ILCS 5/16-111.2 new) Sec. 16-111.2. Provisions related to proposed utility transactions. (a) The General Assembly finds: (1) A transaction as described in paragraph (3) of this subsection (a) will contribute to improved reliability of the electric supply system in Illinois which is one of the key purposes of the Illinois Electric Service Customer Choice and Rate Relief Law of 1997. (2) A transaction as described in paragraph (3) of this subsection (a) is likely to promote additional investment in the existing generating assets and in the development of additional generation capacity in Illinois, and such change in ownership is in the public interest, consistent with the intent of the Illinois Electric Service Customer Choice and Rate Relief Law of 1997 and beneficial for the citizens of this State. (3) As of the date on which this amendatory Act of 1999 becomes law, an electric utility providing service to more than 1,000,000 customers in this State has proposed to sell or transfer to a single buyer 5 or more generating plants with a total net dependable capacity of 5000 megawatts or more pursuant to subsection (g) of Section 16-111. (4) Such electric utility anticipates receiving a sale price or consideration as a result of such transaction exceeding 200% of the book value of these plants. (5) Such electric utility has presented to the Governor and the leaders of the General Assembly a written commitment in which such electric utility agrees to expend $2,000,000,000 outside the corporate limits of any municipality with 1,000,000 or more inhabitants within such electric utility's service area, over a 6-year period beginning with this calendar year on projects, programs and improvements within its service area relating to transmission and distribution including, without limitation, infrastructure expansion, repair and replacement, capital investments, operations and maintenance, and vegetation management. (6) Such electric utility has committed that, if the sale or transfer contemplated by paragraph (3) of this subsection is consummated on or before December 31, 1999, the electric utility shall make contributions totaling $250,000,000 to entities within this State for, among other purposes, environmental and clean coal initiatives pursuant to Section 16-111.1, which commitment includes a contribution of $25,000,000 to the Board of Trustees of Southern Illinois University for the purpose of funding programs or projects related to clean coal. (b) That, in light of the findings in paragraphs (1) and (2) of subsection (a) and, in this instance, the circumstances described in paragraphs (3) through (6) of subsection (a) and otherwise, the General Assembly hereby finds that allowing the generating facilities being acquired to be eligible facilities under the provisions of the National Energy Policy Act of 1992 that apply to exempt wholesale generators (A) will benefit consumers; (B) is in the public interest; and (C) does not violate the law of this State. (c) Nothing in this Section shall have any effect on the authority of the Commission under subsection (g) of Section 16-111 this Act. (220 ILCS 5/16-114.1 new) Sec. 16-114.1. Recovery of decommissioning costs in connection with nuclear power plant sale agreement. (a) An electric utility owning a single-unit nuclear power plant located in this State which enters into an agreement to sell the
5960 JOURNAL OF THE [May 26, 1999] nuclear power plant and as part of such agreement agrees: (i) to make contributions to a tax-qualified decommissioning trust or non-tax qualified decommissioning trust, or both, as defined in Section 8-508.1 for the nuclear power plant, in specified amounts or for a specified period of time, after the sale is consummated, or (ii) to purchase an insurance instrument which provides for the payment of all or a specified amount of the decommissioning costs of the nuclear power plant, shall be entitled, in the case of item (i), to maintain such decommissioning trusts for the purpose of receiving such contributions after the consummation of the sale, to implement revisions to its decommissioning rate in accordance with subsection (b) of this Section, and to transfer such decommissioning trusts, or the balance in the trusts, to the buyer of the nuclear power plant in accordance with the agreement of sale, and in the case of item (ii), to implement revisions to its decommissioning rate in accordance with subsection (c) of this Section. (b) An electric utility entering into an agreement of sale described in subsection (a)(i) of this Section shall be entitled to file a petition with the Commission for entry of an order authorizing the electric utility (i) to amortize its liability for decommissioning costs pursuant to the agreement of sale over the period of time in which the electric utility is required by such agreement to make additional contributions to the tax-qualified decommissioning trust, the non-tax qualified decommissioning trust, or both, and (ii) to revise its decommissioning rate to a level that will recover, over the time period specified in the agreement of sale, an annual amount equal to the electric utility's annual contributions to the decommissioning trusts which are required by the agreement of sale multiplied by the percentage of the output of the nuclear power plant which the agreement of sale obligates the electric utility to purchase in each such year. (c) An electric utility entering into an agreement of sale described in subsection (a)(ii) shall be entitled to file a petition with the Commission for entry of an order authorizing the electric utility to revise its decommissioning rate to a level that will recover, over 5 years, the electric utility's cost of purchasing the insurance instrument multiplied by the percentage of the output of the nuclear power plant which the agreement of sale obligates the electric utility to purchase in each such year. (d) An electric utility's petition pursuant to subsection (b) or subsection (c) shall state the percentage of the output of the nuclear power plant which the agreement of sale obligates the electric utility to purchase from the new owner of the nuclear power plant in each of the years for which the electric utility is seeking to implement a revised decommissioning rate. The electric utility's petition shall also state that the electric utility agrees, as conditions of the Commission's order and the implementation of the revised decommissioning rate, (i) to file revisions, pursuant to Section 16-111(f), to its base rate tariffs applicable to retail customers subject to the electric utility's decommissioning rate reducing such tariffs, and (ii) to file revisions to its transition charge tariffs applicable to retail customers subject to the electric utility's decommissioning rate incorporating a credit into the calculation of the electric utility's transition charges in accordance with this subsection. The reduction and the credit shall be in an amount per kilowatt-hour of electricity sold or delivered to retail customers equal to (i) the electric utility's decommissioning rate authorized by the Commission's order in accordance with subsection (b)(ii) or (c), as applicable, less (ii) the product of the electric utility's decommissioning rate in effect immediately prior to the agreement of sale multiplied by the percentage of the
HOUSE OF REPRESENTATIVES 5961 output of the nuclear power plant which the agreement of sale obligates the electric utility to purchase from the new owner of the nuclear power plant. The Commission shall issue an order granting the petition within 30 days after the petition is filed. The Commission's order shall state the aggregate total amount which the order is authorizing the electric utility to collect through its decommissioning rate. The Commission's order shall state that the effectiveness of the revisions to the electric utility's decommissioning rate shall be conditioned on the filing by the electric utility of the revisions reducing its base rate tariffs and providing for credits to its transition charge tariffs as specified in this subsection. Upon completion of the collection of the total amount which the Commission's order authorizes the electric utility to collect through its decommissioning rate, the electric utility shall not be entitled to collect any further amounts of decommissioning costs for its nuclear power plant through a decommissioning rate. Nothing in this Section shall be construed to permit an increase in the overall tariffed rates and charges paid by the electric utility's customers. (e) In addition to the uses of the proceeds of the sale and issuance of transitional funding instruments authorized by Section 18-103(d)(1), an electric utility which has entered into an agreement to sell a nuclear power plant may use the proceeds from the sale and issuance of transitional funding instruments to make contributions, or to reimburse itself for contributions which the electric utility has made, to decommissioning trusts in accordance with the agreement of sale, in an amount not to exceed 20% of the aggregate principal amount of transitional funding instruments which the electric utility was authorized to cause to have issued pursuant to Section 18-103(d)(6), including for purposes of this calculation the amount of any transitional funding instruments which the electric utility caused to be issued prior to the date of this amendatory Act of 1999. The use of proceeds authorized by this subsection shall not be subject to Section 18-103(d)(1)(B) and shall not be considered in determining if the percentage limitations on the use of proceeds set forth in the proviso following Section 18-103(d)(1)(E) have been complied with. (f) None of the authorizations permitted by this Section may be exercised if the sale of the nuclear power plant is disapproved by the Commission. (220 ILCS 5/16-115) Sec. 16-115. Certification of alternative retail electric suppliers. (a) Any alternative retail electric supplier must obtain a certificate of service authority from the Commission in accordance with this Section before serving any retail customer or other user located in this State. An alternative retail electric supplier may request, and the Commission may grant, a certificate of service authority for the entire State or for a specified geographic area of the State. (b) An alternative retail electric supplier seeking a certificate of service authority shall file with the Commission a verified application containing information showing that the applicant meets the requirements of this Section. The alternative retail electric supplier shall publish notice of its application in the official State newspaper within 10 days following the date of its filing. No later than 45 days after the application is properly filed with the Commission, and such notice is published, the Commission shall issue its order granting or denying the application. (c) An application for a certificate of service authority shall identify the area or areas in which the applicant intends to offer
5962 JOURNAL OF THE [May 26, 1999] service and the types of services it intends to offer. Applicants that seek to serve residential or small commercial retail customers within a geographic area that is smaller than an electric utility's service area shall submit evidence demonstrating that the designation of this smaller area does not violate Section 16-115A. An applicant that seeks to serve residential or small commercial retail customers may state in its application for certification any limitations that will be imposed on the number of customers or maximum load to be served. (d) The Commission shall grant the application for a certificate of service authority if it makes the findings set forth in this subsection based on the verified application and such other information as the applicant may submit: (1) That the applicant possesses sufficient technical, financial and managerial resources and abilities to provide the service for which it seeks a certificate of service authority. In determining the level of technical, financial and managerial resources and abilities which the applicant must demonstrate, the Commission shall consider (i) the characteristics, including the size and financial sophistication, of the customers that the applicant seeks to serve, and (ii) whether the applicant seeks to provide electric power and energy using property, plant and equipment which it owns, controls or operates; (2) That the applicant will comply with all applicable federal, State, regional and industry rules, policies, practices and procedures for the use, operation, and maintenance of the safety, integrity and reliability, of the interconnected electric transmission system; (3) That the applicant will only provide service to retail customers in an electric utility's service area that are eligible to take delivery services under this Act; (4) That the applicant will comply with such informational or reporting requirements as the Commission may by rule establish and provide the information required by Section 16-112. Any data related to contracts for the purchase and sale of electric power and energy shall be made available for review by the Staff of the Commission on a confidential and proprietary basis and only to the extent and for the purposes which the Commission determines are reasonably necessary in order to carry out the purposes of this Act; (5) That if the applicant, its corporate affiliates or the applicant's principal source of electricity (to the extent such source is known at the time of the application) owns or controls facilities, for public use, for the transmission or distribution of electricity to end-users within a defined geographic area to which electric power and energy can be physically and economically delivered by the electric utility or utilities in whose service area or areas the proposed service will be offered, the applicant, its corporate affiliates or principal source of electricity, as the case may be, provides delivery services to the electric utility or utilities in whose service area or areas the proposed service will be offered that are reasonably comparable to those offered by the electric utility, and provided further, that the applicant agrees to certify annually to the Commission that it is continuing to provide such delivery services and that it has not knowingly assisted any person or entity to avoid the requirements of this Section. For purposes of this subparagraph, "principal source of electricity" shall mean a single source that supplies at least 65% of the applicant's electric power and energy, and the purchase of transmission and distribution services pursuant to a filed tariff
HOUSE OF REPRESENTATIVES 5963 under the jurisdiction of the Federal Energy Regulatory Commission or a state public utility commission shall not constitute control of access to the provider's transmission and distribution facilities; (6) With respect to an applicant that seeks to serve residential or small commercial retail customers, that the area to be served by the applicant and any limitations it proposes on the number of customers or maximum amount of load to be served meet the provisions of Section 16-115A, provided, that the Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request; (7) That the applicant meets the requirements of subsection (a) of Section 16-128; and (8) That the applicant will comply with all other applicable laws and regulations. (e) A retail customer that owns a cogeneration or self-generation facility and that seeks certification only to provide electric power and energy from such facility to retail customers at separate locations which customers are both (i) owned by, or a subsidiary or other corporate affiliate of, such applicant and (ii) eligible for delivery services, shall be granted a certificate of service authority upon filing an application and notifying the Commission that it has entered into an agreement with the relevant electric utilities pursuant to Section 16-118. Provided, however, that if the retail customer owning such cogeneration or self-generation facility would not be charged a transition charge due to the exemption provided under subsection (f) of Section 16-108 prior to the certification, and the retail customers at separate locations are taking delivery services in conjunction with purchasing power and energy from the facility, the retail customer on whose premises the facility is located shall not thereafter be required to pay transition charges on the power and energy that such retail customer takes from the facility. (f) The Commission shall have the authority to promulgate rules and regulations to carry out the provisions of this Section. On or before May 1, 1999, the Commission shall adopt a rule or rules applicable to the certification of those alternative retail electric suppliers that seek to serve only nonresidential retail customers with maximum electrical demands of one megawatt or more which shall provide for (i) expedited and streamlined procedures for certification of such alternative retail electric suppliers and (ii) specific criteria which, if met by any such alternative retail electric supplier, shall constitute the demonstration of technical, financial and managerial resources and abilities to provide service required by subsection (d) (1) of this Section, such as a requirement to post a bond or letter of credit, from a responsible surety or financial institution, of sufficient size for the nature and scope of the services to be provided; demonstration of adequate insurance for the scope and nature of the services to be provided; and experience in providing similar services in other jurisdictions. (Source: P.A. 90-561, eff. 12-16-97.) (220 ILCS 5/16-130) Sec. 16-130. Annual Reports. The General Assembly finds that it is necessary to have reliable and accurate information regarding the transition to a competitive electric industry. In addition to the annual report requirements pursuant to Section 5-109 of this Act, each electric utility shall file with the Commission a report on the following topics in accordance with the schedule set forth in subsection (b) of this Section: (1) Data on each customer class of the electric utility in
5964 JOURNAL OF THE [May 26, 1999] which delivery services have been elected including: (A) number of retail customers in each class that have elected delivery service; (B) kilowatt hours consumed by the customers described in subparagraph (A); (C) revenue loss experienced by the utility as a result of customers electing delivery services or market-based prices as compared to continued service under otherwise applicable tariffed rates; (D) total amount of funds collected from each customer class pursuant to the transition charges authorized in Section 16-108; (E) Such other information as the Commission may by rule require. (2) A description of any steps taken by the electric utility to mitigate and reduce its costs, including both a detailed description of steps taken during the preceding calendar year and a summary of steps taken since the effective date of this amendatory Act of 1997, and including, to the extent practicable, quantification of the costs mitigated or reduced by specific actions taken by the electric utility. (3) A description of actions taken under Sections 5-104, 7-204, 9-220, and 16-111 of this Act. This information shall include but not be limited to: (A) a description of the actions taken; (B) the effective date of the action; (C) the annual savings or additional charges realized by customers from actions taken, by customer class and total for each year; (D) the accumulated impact on customers by customer class and total; and (E) a summary of the method used to quantify the impact on customers. (4) A summary of the electric utility's use of transitional funding instruments, including a description of the electric utility's use of the proceeds of any transitional funding instruments it has issued in accordance with Article XVIII of this Act. (5) Kilowatt-hours consumed in the twelve months ending December 31, 1996 (which kilowatt-hours are hereby referred to as "base year sales") by customer class multiplied by the revenue per kilowatt hour, adjusted to remove charges added to customers' bills pursuant to Sections 9-221 and 9-222 of this Act, during the twelve months ending December 31, 1996, adjusted for the reductions required by subsection (b) of Section 16-111 and the mitigation factors contained in Section 16-102. This amount shall be stated for: (i) each calendar year preceding the year in which a report is required to be submitted pursuant to subsection (b); and (ii) as a cumulative total of all calendar years beginning with 1998 and ending with the calendar year preceding the year in which a report is required to be submitted pursuant to subsection (b). (6) Calculations identical to those required by subparagraph (5) except that base year sales shall be adjusted for growth in the electric utility's service territory, in addition to the other adjustments specified by the first sentence of subparagraph (5). (7) The electric utility's total revenue and net income for each calendar year beginning with 1997 through the calendar year preceding the year in which a report is required to be submitted pursuant to subsection (b) as reported in the electric utility's
HOUSE OF REPRESENTATIVES 5965 Form 1 report to the Federal Energy Regulatory Commission. (8) Any consideration in excess of the net book cost as of the effective date of this amendatory Act of 1997 received by the electric utility during the year from a sale made subsequent to the effective date of this amendatory Act of 1997 to a non-affiliated third party of any generating plant that was owned by the electric utility on the effective date of this amendatory Act of 1997. (9) Any consideration received by the electric utility from sales or transfers during the year to an affiliated interest of generating plant, or other plant that represents an investment of $25,000,000 or more in terms of total depreciated original cost, which generating or other plant were owned by the electric utility prior to the effective date of this amendatory Act of 1997. (10) Any consideration received by an affiliated interest of an electric utility from sales or transfers during the year to a non-affiliated third party of generating plant, but only if: (i) the electric utility had previously sold or transferred such plant to the affiliated interest subsequent to the effective date of this amendatory Act of 1997; (ii) the affiliated interest sells or transfers such plant to a non-affiliated third party prior to December 31, 2006; and (iii) the affiliated interest receives consideration for the sale or transfer of such plant to the non-affiliated third party in an amount greater than the cost or price at which such plant was sold or transferred to the affiliated interest by the electric utility. (11) A summary account of those expenditures made for projects, programs, and improvements relating to transmission and distribution including, without limitation, infrastructure expansion, repair and replacement, capital investments, operations and maintenance, and vegetation management, pursuant to a written commitment made under subsection (k) of Section 16-111. (b) The information required by subsection (a) shall be filed by each electric utility on or before March 1 of each year 1999 through 2007 or through such additional years as the electric utility is collecting transition charges pursuant to subsection (f) of Section 16-108, for the previous calendar year. The information required by subparagraph (6) of subsection (a) for calendar year 1997 shall be submitted by the electric utility on or before March 1, 1999. (c) On or before May 15 of each year 1999 through 2006 or through such additional years as the electric utility is collecting transition charges pursuant to subsection (f) of Section 16-108, the Commission shall submit a report to the General Assembly which summarizes the information provided by each electric utility under this Section; provided, however, that proprietary or confidential information shall not be publicly disclosed. (Source: P.A. 90-561, eff. 12-16-97.) Section 10. The Citizens Utility Board Act is amended by changing Section 5 and adding Section 5.1 as follows: (220 ILCS 10/5) (from Ch. 111 2/3, par. 905) Sec. 5. Powers and duties. (1) The corporation shall: (a) Represent and protect the interests of the residential utility consumers of this State. All actions by the corporation under this Act shall be directed toward such duty; provided that the corporation may also give due consideration to the interests of business in the State. (b) Inform, in so far as possible, all utility consumers about the corporation, including the procedure for obtaining membership in the corporation.
5966 JOURNAL OF THE [May 26, 1999] (2) The corporation shall have all the powers necessary or convenient for the effective representation and protection of the interest of utility consumers and to implement this Act, including the following powers in addition to all other powers granted by this Act. (a) To make, amend and repeal bylaws and rules for the regulation of its affairs and the conduct of its business; to adopt an official seal and alter it at pleasure; to maintain an office; to sue and be sued in its own name, plead and be impleaded; and to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the corporation. (b) To employ such agents, employees and special advisors as it finds necessary and to fix their compensation. (c) To solicit and accept gifts, loans, including loans made by the Illinois Commerce Commission from funds appropriated for that purpose by law, or other aid in order to support activities concerning the interests of utility consumers., Except as provided in Section 5.1, that the corporation may not accept gifts, loans or other aid from any public utility or from any director, employee or agent or member of the immediate family of a director, employee or agent of any public utility and, except that after the first election the corporation, may not accept from any individual, private corporation, association or partnership in any single year a total of more than $1,000 in gifts. Under this paragraph, "aid" does not mean payment of membership dues. (d) To intervene as a party or otherwise participate on behalf of utility consumers in any proceeding which affects the interest of utility consumers. (e) To represent the interests of utility consumers before the Illinois Commerce Commission, the Federal Energy Regulatory Commission, the Federal Communications Commission, the courts, and other public bodies, except that no director, employee or agent of the corporation may engage in lobbying without first complying with any applicable statute, administrative rule or other regulation relating to lobbying. (f) To establish annual dues which shall be set at a level that provides sufficient funding for the corporation to effectively perform its powers and duties, and is affordable for as many utility consumers as is possible. (g) To implement solicitation for corporation funding and membership. (h) To seek tax exempt status under State and federal law, including 501(c)(3) status under the United States Internal Revenue Code. (i) To provide information and advice to utility consumers on any matter with respect to utility service, including but not limited to information and advice on benefits and methods of energy conservation. (3) The powers, duties, rights and privileges conferred or imposed upon the corporation by this Act may not be transferred. (4) The corporation shall refrain from interfering with collective bargaining rights of any employees of a public utility. (Source: P.A. 83-945.) (220 ILCS 10/5.1 new) Sec. 5.1. Contributions. Notwithstanding anything to the contrary in Section 5 of this Act, the corporation shall have the authority to solicit and accept contributions made pursuant to Section 16-111.1 of the Public Utilities Act. Section 99. Effective date. This Act takes effect upon becoming law.".
HOUSE OF REPRESENTATIVES 5967 Submitted on May 26, 1999. s/Sen. William Mahar s/Rep. Philip Novak Sen. John Maitland s/Rep. Kurt Granberg s/Sen. Steven Rauschenberger s/Rep. Douglas P. Scott s/Sen. Evelyn Bowles Rep. Art Tenhouse s/Sen. William Shaw s/Rep. Vincent A. Persico Committee for the Senate Committee for the House Representative Hoffman submitted the following First Conference Committee Report on SENATE BILL 27 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 27 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1, 2, 3, and 5 to Senate Bill 27, recommend the following: (1) that the Senate concur in House Amendments Nos. 1, 2, 3, and 5; and (2) that House Bill 27, AS AMENDED, be further amended as follows: in Section 5, Sec. 106E-5, by replacing the sentence that begins "The Illinois General Assembly takes notice" with the following: "The Illinois General Assembly takes notice that some public defenders and assistant prosecutors in the Illinois criminal justice systems are often reimbursed at salary levels below reasonable rates for private practice."; and in Sec. 106E-10, by replacing subdivisions (8) and (9) with the following: "(8) Three members appointed by the Illinois Appellate Prosecutors Association. (9) Three members appointed by the Office of the State Appellate Defender."; and in Sec. 106E-10, by deleting subdivisions (15) through (18); and in Sec. 106E-10 by renumbering subdivision (19) as subdivision (15). Submitted on May 26, 1999. s/Sen. Carl Hawkinson s/Rep. Jay Hoffman s/Sen. Kirk Dillard s/Rep. Thomas Dart s/Sen. Ed Petka s/Rep. Barbara Flynn Currie s/Sen. George P. Shadid s/Rep. Art Tenhouse s/Sen. Ira Silverstein s/Rep. John Turner Committee for the Senate Committee for the House Representative Stephens submitted the following First Conference Committee Report on SENATE BILL 53 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 53 To the President of the Senate and the Speaker of the House of
5968 JOURNAL OF THE [May 26, 1999] Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1 and 2 to Senate Bill 53, recommend the following: (1) that the House recede from House Amendments Nos. 1 and 2; and (2) that Senate Bill 53 be amended on page 1, by replacing lines 1 and 2 with the following: "AN ACT relating to tax increment financing."; and on page 1, line 6, by replacing "11-74.4-3" with "11-74.4-3, 11-74.4-4,"; and on page 19, below line 32, by inserting the following: "(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4) Sec. 11-74.4-4. Municipal powers and duties; redevelopment project areas. A municipality may: (a) By ordinance introduced in the governing body of the municipality within 14 to 90 days from the completion of the hearing specified in Section 11-74.4-5 approve redevelopment plans and redevelopment projects, and designate redevelopment project areas pursuant to notice and hearing required by this Act. No redevelopment project area shall be designated unless a plan and project are approved prior to the designation of such area and such area shall include only those contiguous parcels of real property and improvements thereon substantially benefited by the proposed redevelopment project improvements. (b) Make and enter into all contracts necessary or incidental to the implementation and furtherance of its redevelopment plan and project. (c) Within a redevelopment project area, acquire by purchase, donation, lease or eminent domain; own, convey, lease, mortgage or dispose of land and other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the municipality determines is reasonably necessary to achieve the objectives of the redevelopment plan and project. No conveyance, lease, mortgage, disposition of land or other property, or agreement relating to the development of the property shall be made except upon the adoption of an ordinance by the corporate authorities of the municipality. Furthermore, no conveyance, lease, mortgage, or other disposition of land or agreement relating to the development of property shall be made without making public disclosure of the terms of the disposition and all bids and proposals made in response to the municipality's request. The procedures for obtaining such bids and proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids. (d) Within a redevelopment project area, clear any area by demolition or removal of any existing buildings and structures. (e) Within a redevelopment project area, renovate or rehabilitate or construct any structure or building. (f) Install, repair, construct, reconstruct or relocate streets, utilities and site improvements essential to the preparation of the redevelopment area for use in accordance with a redevelopment plan. (g) Within a redevelopment project area, fix, charge and collect fees, rents and charges for the use of any building or property owned or leased by it or any part thereof, or facility therein. (h) Accept grants, guarantees and donations of property, labor, or other things of value from a public or private source for use within a project redevelopment area. (i) Acquire and construct public facilities within a redevelopment project area. (j) Incur project redevelopment costs.
HOUSE OF REPRESENTATIVES 5969 (k) Create a commission of not less than 5 or more than 15 persons to be appointed by the mayor or president of the municipality with the consent of the majority of the governing board of the municipality. Members of a commission appointed after the effective date of this amendatory Act of 1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5 years, respectively, in such numbers as to provide that the terms of not more than 1/3 of all such members shall expire in any one year. Their successors shall be appointed for a term of 5 years. The commission, subject to approval of the corporate authorities may exercise the powers enumerated in this Section. The commission shall also have the power to hold the public hearings required by this division and make recommendations to the corporate authorities concerning the adoption of redevelopment plans, redevelopment projects and designation of redevelopment project areas. (l) Make payment in lieu of taxes or a portion thereof to taxing districts. If payments in lieu of taxes or a portion thereof are made to taxing districts, those payments shall be made to all districts within a project redevelopment area on a basis which is proportional to the current collections of revenue which each taxing district receives from real property in the redevelopment project area. (m) Exercise any and all other powers necessary to effectuate the purposes of this Act. (n) If any member of the corporate authority, a member of a commission established pursuant to Section 11-74.4-4(k) of this Act, or an employee or consultant of the municipality involved in the planning and preparation of a redevelopment plan, or project for a redevelopment project area or proposed redevelopment project area, as defined in Sections 11-74.4-3(i) through (k) of this Act, owns or controls an interest, direct or indirect, in any property included in any redevelopment area, or proposed redevelopment area, he or she shall disclose the same in writing to the clerk of the municipality, and shall also so disclose the dates and terms and conditions of any disposition of any such interest, which disclosures shall be acknowledged by the corporate authorities and entered upon the minute books of the corporate authorities. If an individual holds such an interest then that individual shall refrain from any further official involvement in regard to such redevelopment plan, project or area, from voting on any matter pertaining to such redevelopment plan, project or area, or communicating with other members concerning corporate authorities, commission or employees concerning any matter pertaining to said redevelopment plan, project or area. Furthermore, no such member or employee shall acquire of any interest direct, or indirect, in any property in a redevelopment area or proposed redevelopment area after either (a) such individual obtains knowledge of such plan, project or area or (b) first public notice of such plan, project or area pursuant to Section 11-74.4-6 of this Division, whichever occurs first. For the purposes of this subsection, a month-to-month leasehold interest in a single parcel of property by a member of the corporate authority shall not be deemed to constitute an interest in any property included in any redevelopment area or proposed redevelopment area, but the member must disclose the interest to the municipal clerk under the provisions of this subsection. (o) Create a Tax Increment Economic Development Advisory Committee to be appointed by the Mayor or President of the municipality with the consent of the majority of the governing board of the municipality, the members of which Committee shall be appointed for initial terms of 1, 2, 3, 4 and 5 years respectively, in such numbers as to provide that the terms of not more than 1/3 of
5970 JOURNAL OF THE [May 26, 1999] all such members shall expire in any one year. Their successors shall be appointed for a term of 5 years. The Committee shall have none of the powers enumerated in this Section. The Committee shall serve in an advisory capacity only. The Committee may advise the governing Board of the municipality and other municipal officials regarding development issues and opportunities within the redevelopment project area or the area within the State Sales Tax Boundary. The Committee may also promote and publicize development opportunities in the redevelopment project area or the area within the State Sales Tax Boundary. (p) Municipalities may jointly undertake and perform redevelopment plans and projects and utilize the provisions of the Act wherever they have contiguous redevelopment project areas or they determine to adopt tax increment financing with respect to a redevelopment project area which includes contiguous real property within the boundaries of the municipalities, and in doing so, they may, by agreement between municipalities, issue obligations, separately or jointly, and expend revenues received under the Act for eligible expenses anywhere within contiguous redevelopment project areas or as otherwise permitted in the Act. (q) Utilize revenues, other than State sales tax increment revenues, received under this Act from one redevelopment project area for eligible costs in another redevelopment project area that is either contiguous to, or is separated only by a public right of way from, the redevelopment project area from which the revenues are received. Utilize tax increment revenues for eligible costs that are received from a redevelopment project area created under the Industrial Jobs Recovery Law that is either contiguous to, or is separated only by a public right of way from, the redevelopment project area created under this Act which initially receives these revenues. Utilize revenues, other than State sales tax increment revenues, by transferring or loaning such revenues to a redevelopment project area created under the Industrial Jobs Recovery Law that is either contiguous to, or separated only by a public right of way from the redevelopment project area that initially produced and received those revenues. (r) If no redevelopment project has been initiated in a redevelopment project area within 7 years after the area was designated by ordinance under subsection (a), the municipality shall adopt an ordinance repealing the area's designation as a redevelopment project area; provided, however, that if an area received its designation more than 3 years before the effective date of this amendatory Act of 1994 and no redevelopment project has been initiated within 4 years after the effective date of this amendatory Act of 1994, the municipality shall adopt an ordinance repealing its designation as a redevelopment project area. Initiation of a redevelopment project shall be evidenced by either a signed redevelopment agreement or expenditures on eligible redevelopment project costs associated with a redevelopment project. (Source: P.A. 90-258, eff. 7-30-97.)"; and on page 25, below line 6, by inserting the following: "Section 10. The Economic Development Project Area Tax Increment Allocation Act of 1995 is amended by changing Sections 5 and 10 as follows: (65 ILCS 110/5) Sec. 5. Legislative Declaration. (a) The General Assembly finds, determines, and declares the following: (1) Actions taken by the Secretary of Defense to close military installations under Title II of the Defense Authorization Amendments and Base Closure and Realignment Act
HOUSE OF REPRESENTATIVES 5971 (Public Law 100-526; 10 U.S.C. 2687 note), the Defense Base Closure and Realignment Act of 1990 (part A of Title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of Title 10 of the United States Code (10 U.S.C. 2687), and actions taken by the Secretary of the Army to transfer the military installation, described in subsection (b) of Section 15 of the Joliet Arsenal Development Authority Act, pursuant to the Illinois Land Conservation Act (Title XXIX of Public Law 104-106; 16 U.S.C. 1609), as supplemented and amended, have an adverse socioeconomic impact upon the State residents due to the loss of civilian job opportunities, the transfer of permanently stationed military personnel, the decline in population, the vacancy of existing buildings, structures, residential housing units and other facilities, the burden of assuming and maintaining existing utility systems, and the erosion of the State's economic base. (2) The redevelopment and reuse by the public and private sectors of any military installation closed by the Secretary of Defense and converted to civilian use is impaired due to little or no platting of any of the land, deleterious land use and layout, lack of community planning, depreciation of physical maintenance, presence of structures below minimum code standards, excessive vacancies, lack of adequate utility services and need to improve transportation facilities. (3) The closing of military installations within the State is a serious menace to the health, safety, morals, and general welfare of the people of the entire State. (4) Protection against the economic burdens associated with the closing of military installations, the consequent spread of economic stagnation, the impairments to redevelopment and reuse, and the resulting harm to the tax base of the State can best be provided by promoting, attracting and stimulating commerce, industry, manufacturing and other public and private sector investment within the State. (5) The continual encouragement, redevelopment, reuse, growth, and expansion of commercial businesses, industrial and manufacturing facilities and other public and private investment on closed military installations within the State requires a cooperative and continuous partnership between government and the private sector. (6) The State has a responsibility to create a favorable climate for new and improved job opportunities for its citizens and to increase the tax base of the State and its political subdivisions by encouraging the redevelopment and reuse by the public and private sectors of new commercial businesses, industrial and manufacturing facilities, and other civilian uses with respect to the vacant buildings, structures, residential housing units, and other facilities on closed military installations within the State. (7) The lack of redevelopment and reuse of closed military installations within the State has persisted, despite efforts of State and local authorities and private organizations to attract new commercial businesses, industrial and manufacturing facilities and other public and private sector investment for civilian use to closed military installations within the State. (8) The economic burdens associated with the closing of military installations within the State may continue and worsen if the State and its political subdivisions are not able to provide additional incentives to commercial businesses, industrial and manufacturing facilities, and other public and private investment for civilian use to locate on closed military installations within the State.
5972 JOURNAL OF THE [May 26, 1999] (9) The provision of additional incentives by the State and its political subdivisions is intended to relieve conditions of unemployment, create new job opportunities, increase industry and commerce, increase the tax base of the State and its political subdivisions, and alleviate vacancies and conditions leading to deterioration and blight on closed military installations within the State, thereby creating job opportunities and eradicating deteriorating and blighting conditions for the residents of the State and reducing the evils attendant upon unemployment and blight. (b) It is hereby declared to be the policy of the State, in the interest of promoting the health, safety, morals, and general welfare of all the people of the State, to provide incentives that will create new job opportunities and eradicate potentially blighted conditions on closed military installations within the State, and it is further declared that the relief of conditions of unemployment, the creation of new job opportunities, the increase of industry and commerce within the State, the alleviation of vacancies and conditions leading to deterioration and blight, the reduction of the evils of unemployment, and the increase of the tax base of the State and its political subdivisions are public purposes and for the public safety, benefit, and welfare of the residents of this State. (Source: P.A. 89-176, eff. 1-1-96; 90-655, eff. 7-30-98.) (65 ILCS 110/10) Sec. 10. Definitions. In this Act, words or terms have the following meanings: (a) "Closed military installation" means a former base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of the Defense which is not less in the aggregate than 500 acres and which is closed or in the process of being closed by the Secretary of Defense under and pursuant to Title II of the Defense Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of Title 10 of the United States Code (10 U.S.C. 2687), or an installation, described in subsection (b) of Section 15 of the Joliet Arsenal Development Authority Act, that has been transferred or is in the process of being transferred by the Secretary of the Army pursuant to the Illinois Land Conservation Act (Title XXIX of Public Law 104-106; 16 U.S.C. 1609), as each may be further supplemented or amended. (b) "Economic development plan" means the written plan of a municipality that sets forth an economic development program for an economic development project area. Each economic development plan shall include but not be limited to (i) estimated economic development project costs, (ii) the sources of funds to pay those costs, (iii) the nature and term of any obligations to be issued by the municipality to pay those costs, (iv) the most recent equalized assessed valuation of the economic development project area, (v) an estimate of the equalized assessed valuation of the economic development project area after completion of an economic development project, (vi) the estimated date of completion of any economic development project proposed to be undertaken, (vii) a general description of the types of any proposed developers, users, or tenants of any property to be located or improved within the economic development project area, (viii) a description of the type, structure, and general character of the facilities to be developed or improved, (ix) a description of the general land uses to apply in the economic development project area, (x) a general description or an estimate of the type, class, and number of employees to be employed
HOUSE OF REPRESENTATIVES 5973 in the operation of the facilities to be developed or improved, and (xi) a commitment by the municipality to fair employment practices and an affirmative action plan regarding any economic development program to be undertaken by the municipality. (c) "Economic development project" means any development project furthering the objectives of this Act. (d) "Economic development project area" means any improved or vacant area that (i) is within or partially within and contiguous to the boundaries of a closed military installation as defined in subsection (a) of this Section (except the installation described in Section 15 of the Joliet Arsenal Development Authority Act) or, only in the case of the installation described in Section 15 of the Joliet Arsenal Development Authority Act, is within or contiguous to the closed military installation, (ii) is located entirely within the territorial limits of a municipality, (iii) is contiguous, (iv) is not less in the aggregate than 1 1/2 acres, (v) is suitable for siting by a commercial, manufacturing, industrial, research, transportation or residential housing enterprise or facilities to include but not be limited to commercial businesses, offices, factories, mills, processing plants, industrial or commercial distribution centers, warehouses, repair overhaul or service facilities, freight terminals, research facilities, test facilities, transportation facilities or single or multi-family residential housing units, regardless of whether the area has been used at any time for those facilities and regardless of whether the area has been used or is suitable for other uses and (vi) has been approved and certified by the corporate authorities of the municipality pursuant to this Act. (e) "Economic development project costs" means and includes the total of all reasonable or necessary costs incurred or to be incurred under an economic development project, including, without limitation, the following: (1) Costs of studies, surveys, development of plans and specifications, and implementation and administration of an economic development plan and personnel and professional service costs for architectural, engineering, legal, marketing, financial planning, police, fire, public works, public utility, or other services. No charges for professional services, however, may be based on a percentage of incremental tax revenues. (2) Property assembly costs within an economic development project area, including but not limited to acquisition of land and other real or personal property or rights or interests in property. (3) Site preparation costs, including but not limited to clearance of any area within an economic development project area by demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading; and including installation, repair, construction, reconstruction, extension or relocation of public streets, public utilities, and other public site improvements located outside the boundaries of an economic development project area that are essential to the preparation of the economic development project area for use with an economic development plan. (4) Costs of renovation, rehabilitation, reconstruction, relocation, repair, or remodeling of any existing buildings, improvements, equipment, and fixtures within an economic development project area. (5) Costs of installation or construction within an economic development project area of any buildings, structures, works, streets, improvements, equipment, utilities, or fixtures, whether publicly or privately owned or operated.
5974 JOURNAL OF THE [May 26, 1999] (6) Financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued under this Act that accrues during the estimated period of construction of any economic development project for which the obligations are issued and for not more than 36 months after that period, and any reasonable reserves related to the issuance of the obligations. (7) All or a portion of a taxing district's capital or operating costs resulting from an economic development project necessarily incurred or estimated to be incurred by a taxing district in the furtherance of the objectives of an economic development project, to the extent that the municipality, by written agreement, accepts and approves those costs. (8) Relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to pay relocation costs by federal or State law. (9) The estimated tax revenues from real property in an economic development project area acquired by a municipality in furtherance of an economic development project under this Act that, according to the economic development plan, is to be used for a private use (i) that any taxing district would have received had the municipality not adopted tax increment allocation financing for an economic development project area and (ii) that would result from the taxing district's levies made after the time of the adoption by the municipality of tax increment allocation financing to the time the current equalized assessed value of real property in the economic development project area exceeds the total initial equalized value of real property. (10) Costs of rebating ad valorem taxes paid by any developer or other nongovernmental person in whose name the general taxes were paid for the last preceding year on any lot, block, tract, or parcel of land in the economic development project area, provided that: (A) the economic development project area is located in an enterprise zone created under the Illinois Enterprise Zone Act; (B) the ad valorem taxes shall be rebated only in amounts and for a tax year or years as the municipality and any one or more affected taxing districts have agreed by prior written agreement; (C) any amount of rebate of taxes shall not exceed the portion, if any, of taxes levied by the municipality or taxing district or districts that is attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the economic development project area over and above the initial equalized assessed value of each property existing at the time property tax allocation financing was adopted for the economic development project area; and (D) costs of rebating ad valorem taxes shall be paid by a municipality solely from the special tax allocation fund established under this Act and shall not be paid from the proceeds of any obligations issued by a municipality. (11) Costs of job training or advanced vocational or career education, including but not limited to courses in occupational, semi-technical, or technical fields leading directly to employment, incurred by one or more taxing districts, but only if the costs are related to the establishment and maintenance of additional job training, advanced vocational education, or career
HOUSE OF REPRESENTATIVES 5975 education programs for persons employed or to be employed by employers located in the economic development project area and only if, when the costs are incurred by a taxing district or taxing districts other than the municipality, they shall be set forth in a written agreement by or among the municipality and the taxing district or taxing districts that describes the program to be undertaken, including without limitation the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay the costs, and the term of the agreement. These costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20 and 10-23.3a of the School Code. (12) Private financing costs incurred by a developer or other nongovernmental person in connection with an economic development project, provided that: (A) private financing costs shall be paid or reimbursed by a municipality only pursuant to the prior official action of the municipality evidencing an intent to pay or reimburse such private financing costs; (B) except as provided in subparagraph (D), the aggregate amount of the costs paid or reimbursed by a municipality in any one year shall not exceed 30% of the costs paid or incurred by the developer or other nongovernmental person in that year; (C) private financing costs shall be paid or reimbursed by a municipality solely from the special tax allocation fund established under this Act and shall not be paid from the proceeds of any obligations issued by a municipality; and (D) if there are not sufficient funds available in the special tax allocation fund in any year to make the payment or reimbursement in full, any amount of the interest costs remaining to be paid or reimbursed by a municipality shall accrue and be payable when funds are available in the special tax allocation fund to make the payment. If a special service area has been established under the Special Service Area Tax Act, then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act may be used within the economic development project area for the purposes permitted by that Act as well as the purposes permitted by this Act. (f) "Municipality" means a city, village, or incorporated town. (g) "Obligations" means any instrument evidencing the obligation of a municipality to pay money, including without limitation bonds, notes, installment or financing contracts, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness. (h) "Taxing districts" means counties, townships, and school, road, park, sanitary, mosquito abatement, forest preserve, public health, fire protection, river conservancy, tuberculosis sanitarium, and any other districts or other municipal corporations with the power to levy taxes. (Source: P.A. 89-176, eff. 1-1-96.)". Submitted on May 26, 1999. s/Sen. Frank Watson s/Rep. Barbara Flynn Currie s/Sen. William E. Peterson s/Rep. Thomas Holbrook
5976 JOURNAL OF THE [May 26, 1999] s/Sen. Christine Radogno s/Rep. Douglas Scott s/Sen. James F. Clayborne s/Rep. Ron Stephens s/Sen. Pat Welch s/Rep. Brent Hassert Committee for the Senate Committee for the House Representative Klemm submitted the following First Conference Committee Report on SENATE BILL 171 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 171 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 171, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 171 be amended 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 full-time police officers and for no more than 2 deputy chief positions if the police department has 25 or more full-time 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.". Submitted on May 26, 1999. s/Sen. Dick Klemm s/Rep. Dan Reitz s/Sen. Kirk Dillard s/Rep. Calvin Giles s/Sen. Walter Dudycz s/Rep. Barbara Flynn Currie s/Sen. William Shaw s/Rep. Dan Rutherford s/Sen. Lawrence Walsh s/Rep. Brent Hassert Committee for the Senate Committee for the House Representative McKeon submitted the following First Conference Committee Report on SENATE BILL 242 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 242 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 242, recommend the following:
HOUSE OF REPRESENTATIVES 5977 (1) that the Senate concur in House Amendment No. 1; and (2) that Senate Bill 242 be further amended as follows: in Section 5, Sec. 18.5, subsection (f), paragraph (4), item (vi), by deleting the sentence beginning "In the action,". Submitted on May 26, 1999. s/Sen. Carl Hawkinson s/Rep. Larry McKeon s/Sen. Ed Petka s/Rep. Tom Dart s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie s/Sen. John Cullerton s/Rep. Art Tenhouse s/Sen. Barack O'Bama s/Rep. John Turner Committee for the Senate Committee for the House Representative Dart submitted the following First Conference Committee Report on SENATE BILL 392 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 392 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1, 2, and 4 to Senate Bill 392, recommend the following: (1) that the House recede from House Amendments Nos. 1, 2, and 4; and (2) that Senate Bill 392 be amended by replacing the title with the following: "AN ACT to amend the Charitable Trust Act by adding Section 7.5."; and 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 or disabled person; report. (a) In the case of a charitable trust established for the benefit of a minor or disabled person, the person or trustee responsible for the trust, if not the guardian or parent, shall report its existence by certified or registered United States mail to the parent or guardian of the minor or disabled person 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 estate of the minor or disabled person 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 or any accountings or authorizations required by the court handling the ward's estate. (b) If a person or trustee fails to report the existence of the trust to the minor's or disabled person's parent or guardian as
5978 JOURNAL OF THE [May 26, 1999] 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. (c) For the purpose of this Section, a charitable trust for the benefit of a minor or disabled person is a trust, including a special needs trust, that receives funds solicited from the public under representations that such will (i) benefit a needy minor or disabled person, (ii) pay the medical or living expenses of the minor or disabled person, or (iii) be used to assist in family expenses of the minor or disabled person. (d) Each and every trustee of a charitable trust for the benefit of a minor or disabled person must register under this Act and in addition must file an annual report as required by Section 7 of this Act. Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 26, 1999. s/Sen. Patrick O'Malley s/Rep. Thomas Dart s/Sen. Carl Hawkinson s/Rep. Steve Davis s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie s/Sen. John Cullerton s/Rep. Tom Cross s/Sen. George P. Shadid s/Rep. James H. Meyer Committee for the Senate Committee for the House Representative Fritchey submitted the following First Conference Committee Report on SENATE BILL 656 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 656 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 656, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 656 be amended 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 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 each of these cases either case if the sale of alcoholic liquors is not the principal business carried on by the licensee license.".
HOUSE OF REPRESENTATIVES 5979 Submitted on May 26, 1999. s/Sen. Steve Rauschenberger s/Rep. John Fritchey s/Sen. Chris Lauzen s/Rep. Daniel Burke s/Sen. Dan Cronin s/Rep. Brabara Currie s/Sen. Debbie Halvorson s/Rep. Tom Cross s/Sen. Louis Viverito s/Rep. Angelo Saviano Committee for the Senate Committee for the House Representative Mautino submitted the following First Conference Committee Report on SENATE BILL 1202 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 1202 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 1202, recommend the following: (1) that the Senate concur in House Amendment No. 1; and (2) that Senate Bill 1202 be further amended as follows: by replacing the title with the following: "AN ACT in relation to local government officers."; and in Section 5, in the introductory clause, by replacing "3-3009 and 3-3010" with "3-3009, 3-3010, 5-1103.1, and 5-5001"; and in Section 5, below Sec. 3-3010, by inserting the following: "(55 ILCS 5/5-1103.1) (from Ch. 34, par. 5-1103.1) Sec. 5-1103.1. Contract for police protection. In counties having fewer than 1,000,000 inhabitants, the county board may contract, with advice and cooperation of the sheriff in the county in which the request for contract services is made, based upon a determination of law enforcement needs of the area in which contract services are sought, with one or more incorporated municipalities lying wholly or partly within the county to furnish police protection in the area of the county that is not within the incorporated area of any municipality having a regular police department. (Source: P.A. 86-1028.) (55 ILCS 5/5-5001) (from Ch. 34, par. 5-5001) Sec. 5-5001. Police protection in townships outside incorporated municipalities. The county board of any county may contract, with advice and cooperation of the sheriff in the county in which the request for contract services is made, based upon a determination of law enforcement needs of the area in which contract services are sought, with any township in the county to furnish police protection outside of any incorporated municipality in the township. (Source: P.A. 86-962.)"; and below Section 5, by inserting the following: "Section 10. The Township Code is amended by changing Section 30-150 as follows: (60 ILCS 1/30-150) Sec. 30-150. Police protection by municipality; county under 1,000,000. In counties having a population of less than 1,000,000, the electors may authorize the township board to contract with one or more incorporated municipalities lying wholly or partly within the boundaries of the township, or with advice and cooperation of the sheriff in the county in which the request for contract services is made, based upon a determination of law enforcement needs of the area
5980 JOURNAL OF THE [May 26, 1999] in which contract services are sought with the county within which the township is located to furnish police protection in the area of the township that is not within the incorporated area of any municipality having a regular police department. (Source: P.A. 82-783; 88-62.) Section 15. The Illinois Municipal Code is amended by changing Section 11-1-7 as follows: (65 ILCS 5/11-1-7) (from Ch. 24, par. 11-1-7) Sec. 11-1-7. The corporate authorities of any incorporated municipality, the boundaries of which are not co-extensive with any township, may contract with any such township in the county within which the municipality is located to furnish police protection outside of the incorporated municipality in such township. The corporate authorities of any incorporated municipality situated in a county of fewer than 1,000,000 inhabitants may contract, with advice and cooperation of the sheriff in the county in which the request for contract services is made, based upon a determination of law enforcement needs of the area in which contract services are sought, with the county in which the municipality is located to furnish police protection in the county outside of the incorporated municipality. (Source: P.A. 86-769.)". Submitted on May 26, 1999. s/Sen. Judy Myers s/Rep. Frank Mautino s/Sen. Kirk Dillard s/Rep. Calvin Giles s/Sen. Walter Dudycz s/Rep. Kurt Granberg s/Sen. Lawrence Walsh Rep. Art Tenhouse s/Sen. Lisa Madigan Rep. Dan Rutherford Committee for the Senate Committee for the House CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 1812, having been printed, were taken up for consideration. Representative Schmitz moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. The motion prevailed. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 1079, having been printed, was taken up for consideration. Representative Brosnahan moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 287, having been printed, was taken up for consideration. Representative Tenhouse moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. Ordered that the Clerk inform the Senate. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS
HOUSE OF REPRESENTATIVES 5981 House Amendment No. 1 to SENATE BILL 1079, having been printed, was taken up for consideration. Representative Madigan then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Hannig, Schoenberg, Currie; Tenhouse and Ryder. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 1080, having been printed, was taken up for consideration. Representative Madigan then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Hannig, Schoenberg, Currie; Tenhouse and Ryder. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 629, having been printed, was taken up for consideration. Representative Rauschenberger then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Hannig, Schoenberg, Silva; Tenhouse and Ryder. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 630, having been printed, was taken up for consideration. Representative Hannig then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Hannig, Schoenberg, Howard; Tenhouse and Ryder. RESOLUTIONS HOUSE RESOLUTION 371 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. ACTION ON MOTIONS Representative Murphy asked and obtained unanimous consent to suspend the posting requirements on the Personnel & Pensions Committee at 2:00 o'clock p.m. today on SENATE BILLS 851, 1047 and 1103.
5982 JOURNAL OF THE [May 26, 1999] RESOLUTIONS HOUSE RESOLUTION 370 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendments numbered 1, 2, 3 and 4 to SENATE BILL 286, having been printed, were taken up for consideration. Representative Steve Davis then moved that the House refuse to recede from said amendments and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Steve Davis, Burke, Currie; Tenhouse and Wait. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 487, having been printed, was taken up for consideration. Representative Burke then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Burke, Currie, O'Brien; Tenhouse and Saviano. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 878, having been printed, was taken up for consideration. Representative Biggins then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Currie, Pugh, McCarthy; Tenhouse and Biggins. Ordered that the Clerk inform the Senate. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 1:46 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 2 to HOUSE BILL 953, having been printed, was taken up for consideration. Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendment No. 2. And on that motion, a vote was taken resulting as follows:
HOUSE OF REPRESENTATIVES 5983 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 2 to HOUSE BILL 953. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 2733, having been printed, was taken up for consideration. Representative Tim Johnson moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 3 to SENATE BILL 460, having been printed, was taken up for consideration. Representative Hamos moved that the House recede from Amendment No. 3. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) The motion prevailed. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 1207, having been printed, was taken up for consideration. Representative Bellock moved that the House recede from Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) The motion prevailed. Ordered that the Clerk inform the Senate. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendment No. 1 to HOUSE BILL 427, submitted to the House previously, was taken up for consideration. Representative Joseph Lyons moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendments numbered 1 and 2 to HOUSE BILL 1670, submitted to the House previously, was taken up for consideration. Representative Woolard moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present.
5984 JOURNAL OF THE [May 26, 1999] (ROLL CALL 6) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 73, submitted to the House previously, was taken up for consideration. Representative Wirsing moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 104, Yeas; 10, Nays; 0, Answering Present. (ROLL CALL 7) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 171, submitted to the House previously, was taken up for consideration. Representative Reitz moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on House Amendments numbered 1 and 2 to SENATE BILL 648, submitted to the House previously, was taken up for consideration. Representative Krause moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 113, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 9) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 656, submitted to the House previously, was taken up for consideration. Representative Fritchey moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 67, Yeas; 48, Nays; 0, Answering Present. (ROLL CALL 10) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 941. Having been recalled on May 25, 1999, and held
HOUSE OF REPRESENTATIVES 5985 on the order of Second Reading, the same was again taken up. Representative Winters offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 941 AMENDMENT NO. 4. Amend Senate Bill 941, AS AMENDED, by replacing the title with the following: "AN ACT to amend the Local Governmental and Governmental Employees Tort Immunity Act by changing Sections 9-103 and 9-107."; and by replacing everything after the enacting clause with the following: "Section 5. The Local Governmental and Governmental Employees Tort Immunity Act is amended by changing Sections 9-103 and 9-107 as follows: (745 ILCS 10/9-103) (from Ch. 85, par. 9-103) Sec. 9-103. (a) A local public entity may protect itself against any liability, property damage or against any liability or loss which may be imposed upon it or one of its employees for a tortious act under Federal or State common or statutory law, or imposed upon it under the Workers' Compensation Act, the Workers' Occupational Diseases Act, or the Unemployment Insurance Act by means including, but not limited to, insurance, individual or joint self-insurance, including all operating and administrative costs and expenses directly associated therewith, claims services and risk management directly attributable to loss prevention and loss reduction, legal services directly attributable to the insurance, self-insurance, or joint self-insurance program, educational, inspectional, and supervisory services directly relating to loss prevention and loss reduction, or participation in a reciprocal insurer as provided in Sections 72, 76 and 81 of the Illinois Insurance Code. Insurance shall be carried with a company authorized by the Department of Insurance to write such insurance coverage in Illinois. (a-5) A local public entity may individually or jointly self-insure provided it complies with any other statutory requirements specifically related to individual or joint self-insurance by local public entities. Whenever the terms "self-insure" or "self-insurance" are utilized within this Act, such term shall apply to both individual and joint self-insurance. The expenditure of funds of a local public entity to protect itself or its employees against liability is proper for any local public entity. A local public entity that has individually self-insured may establish reserves for expected losses for any liability or loss for which the local public entity is authorized to purchase insurance under this Act. The decision of the local public entity to establish a reserve and the amount of the reserve shall be based on reasonable actuarial or insurance underwriting evidence. Property taxes shall not be levied or extended if the effect is to increase the reserve beyond 125% of the actuary's or insurance underwriter's estimated ultimate losses at the 95% confidence level. Certification of the amount of the reserve shall be made by the independent auditor, actuary, or insurance underwriter and included in an annual report. The annual report shall also list all expenditures from the reserve or from property taxes levied or extended for tort immunity purposes. Total claims payments and total reserves must be listed in aggregate amounts. All other expenditures must be identified individually. A local public entity that maintains a self-insurance reserve or that levies and extends a property tax for tort immunity purposes must include in its audit or annual report any expenditures made from the property tax levy or self-insurance reserve within the scope of the
5986 JOURNAL OF THE [May 26, 1999] audit or annual report. (b) A local public entity may contract for or purchase any of the guaranteed fund certificates or shares of guaranteed capital as provided for in Section 56 of the Illinois Insurance Code. The expenditure of funds of the local public entity for said contract or purchase is proper for any local public entity. (c) Any insurance company that provides insurance coverage to a local public entity shall utilize any immunities or may assert any defenses to which the insured local public entity or its employees are entitled. Public entities which are individually or jointly self-insured shall be entitled to assert all of the immunities provided by this Act or by common law or statute on behalf of themselves or their employees unless the local public entities shall elect by action of their corporate authorities or specifically contract to waive in whole or in part such immunities. (d) Within 30 days after January 1, 1991, and within 30 days after each January 1 thereafter, local public entities that are individually or jointly self-insured to protect against liability under the Workers' Compensation Act and the Workers' Occupational Diseases Act shall file with the Industrial Commission a report indicating an election to self-insure. (Source: P.A. 89-150, eff. 7-14-95.) (745 ILCS 10/9-107) (from Ch. 85, par. 9-107) Sec. 9-107. Policy; tax levy. (a) The General Assembly finds that the purpose of this Section is to provide an extraordinary tax for funding expenses relating to tort liability, insurance, and risk management programs. Thus, the tax has been excluded from various limitations otherwise applicable to tax levies. Notwithstanding the extraordinary nature of the tax authorized by this Section, however, it has become apparent that some units of local government are using the tax revenue to fund expenses more properly paid from general operating funds. These uses of the revenue are inconsistent with the limited purpose of the tax authorization. Therefore, the General Assembly declares, as a matter of policy, that (i) the use of the tax revenue authorized by this Section for purposes not expressly authorized under this Act is improper and (ii) the provisions of this Section shall be strictly construed consistent with this declaration and the Act's express purposes. (b) A local public entity may annually levy or have levied on its behalf taxes upon all taxable property within its territory at a rate that will produce a sum that will be sufficient to: (i) pay the cost of insurance, individual or joint self-insurance (including reserves thereon), including all operating and administrative costs and expenses directly associated therewith, claims services and risk management directly attributable to loss prevention and loss reduction, legal services directly attributable to the insurance, self-insurance, or joint self-insurance program, and educational, inspectional, and supervisory services directly relating to loss prevention and loss reduction, participation in a reciprocal insurer as provided in Sections 72, 76, and 81 of the Illinois Insurance Code, or participation in a reciprocal insurer, all as provided in settlements or judgments under Section 9-102, including all costs and reserves directly attributable to being a member of an insurance pool, under Section 9-103; (ii) pay the costs of and principal and interest on bonds issued under Section 9-105; (iii) pay judgments and settlements under Section 9-104; and (iv) discharge obligations under Section 34-18.1 of The School Code, as now or hereafter amended, and to pay the cost of risk management programs. Provided it complies with any other applicable statutory requirements, the local public entity may self-insure and establish reserves for expected losses for
HOUSE OF REPRESENTATIVES 5987 any property damage or for any liability or loss for which the local public entity is authorized to levy or have levied on its behalf taxes for the purchase of insurance or the payment of judgments or settlements under this Section. The decision of the board to establish a reserve shall be based on reasonable actuarial or insurance underwriting evidence and subject to the limits and reporting provisions in Section 9-103. Funds raised pursuant to this Section shall only be used for the purposes specified in this Act, including protection against and reduction of any liability or loss described hereinabove and under Federal or State common or statutory law, the Workers' Compensation Act, the Workers' Occupational Diseases Act and the Unemployment Insurance Act. Funds raised pursuant to this Section may be invested in any manner in which other funds of local public entities may be invested under Section 2 of the Public Funds Investment Act. Interest on such funds shall be used only for purposes for which the funds can be used or, if surplus, must be used for abatement of property taxes levied by the local taxing entity. A local public entity may enter into intergovernmental contracts with a term of not to exceed 12 years for the provision of joint self-insurance which contracts may include an obligation to pay a proportional share of a general obligation or revenue bond or other debt instrument issued by a local public entity which is a party to the intergovernmental contract and is authorized by the terms of the contract to issue the bond or other debt instrument. Funds due under such contracts shall not be considered debt under any constitutional or statutory limitation and the local public entity may levy or have levied on its behalf taxes to pay for its proportional share under the contract. Funds raised pursuant to intergovernmental contracts for the provision of joint self-insurance may only be used for the payment of any cost, liability or loss against which a local public entity may protect itself or self-insure pursuant to Section 9-103 or for the payment of which such entity may levy a tax pursuant to this Section, including tort judgments or settlements, costs associated with the issuance, retirement or refinancing of the bonds or other debt instruments, the repayment of the principal or interest of the bonds or other debt instruments, the costs of the administration of the joint self-insurance fund, consultant, and risk care management programs or the costs of insurance. Any surplus returned to the local public entity under the terms of the intergovernmental contract shall be used only for purposes set forth in subsection (a) of Section 9-103 and Section 9-107 or for abatement of property taxes levied by the local taxing entity. Any tax levied under this Section shall be levied and collected in like manner with the general taxes of the entity and shall be exclusive of and in addition to the amount of tax that entity is now or may hereafter be authorized to levy for general purposes under any statute which may limit the amount of tax which that entity may levy for general purposes. The county clerk of the county in which any part of the territory of the local taxing entity is located, in reducing tax levies under the provisions of any Act concerning the levy and extension of taxes, shall not consider any tax provided for by this Section as a part of the general tax levy for the purposes of the entity nor include such tax within any limitation of the percent of the assessed valuation upon which taxes are required to be extended for such entity. With respect to taxes levied under this Section, either before, on, or after the effective date of this amendatory Act of 1994: (1) Those taxes are excepted from and shall not be included within the rate limitation imposed by law on taxes levied for general corporate purposes by the local public entity authorized
5988 JOURNAL OF THE [May 26, 1999] to levy a tax under this Section. (2) Those taxes that a local public entity has levied in reliance on this Section and that are excepted under paragraph (1) from the rate limitation imposed by law on taxes levied for general corporate purposes by the local public entity are not invalid because of any provision of the law authorizing the local public entity's tax levy for general corporate purposes that may be construed or may have been construed to restrict or limit those taxes levied, and those taxes are hereby validated. This validation of taxes levied applies to all cases pending on or after the effective date of this amendatory Act of 1994. (3) Paragraphs (1) and (2) do not apply to a hospital organized under Article 170 or 175 of the Township Code, under the Town Hospital Act, or under the Township Non-Sectarian Hospital Act and do not give any authority to levy taxes on behalf of such a hospital in excess of the rate limitation imposed by law on taxes levied for general corporate purposes. A hospital organized under Article 170 or 175 of the Township Code, under the Town Hospital Act, or under the Township Non-Sectarian Hospital Act is not prohibited from levying taxes in support of tort liability bonds if the taxes do not cause the hospital's aggregate tax rate from exceeding the rate limitation imposed by law on taxes levied for general corporate purposes. Revenues derived from such tax shall be paid to the treasurer of the local taxing entity as collected and used for the purposes of this Section and of Section 9-102, 9-103, 9-104 or 9-105, as the case may be. If payments on account of such taxes are insufficient during any year to meet such purposes, the entity may issue tax anticipation warrants against the current tax levy in the manner provided by statute. (Source: P.A. 88-545; 88-692, eff. 2-4-95; 89-150, eff. 7-14-95.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was adopted and the bill, as amended, was again advanced to the order of Third Reading. SENATE BILL 311. Having been read by title a second time on May 21, 1999, and held on the order of Second Reading, the same was again taken up. Representative Garrett offered and withdrew Amendment No. 2. Representative Garrett offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 311 AMENDMENT NO. 3. Amend Senate Bill 311 by replacing everything after the enacting clause with the following: "Section 5. The Civil Administrative Code of Illinois is amended by changing Section 49.13 as follows: (20 ILCS 2705/49.13) (from Ch. 127, par. 49.13) Sec. 49.13. Lease of property. (a) From time to time to lease any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State; provided that no such lease be for a longer period of time than that
HOUSE OF REPRESENTATIVES 5989 in which it can reasonably be expected the State will not have use for such property, and further provided that no such lease be for a longer period of time than 5 years, except as provided in subsection (b). (b) In counties with a population of not less than 500,000 and not more than 800,000, a lease to any other department of State government, any authority, commission, or agency of the State, or a municipality, county, or township of the State, including in any land lease the corresponding vertical rights, subterranean and air rights, and sublease rights, may be for a period of time no longer than 55 years. (Source: Laws 1953, p. 1443.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was adopted and the bill, as amended, was held on the order of Second Reading. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 3:34 o'clock p.m. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendments numbered 1 and 2 to HOUSE BILL 2166, submitted to the House previously, was taken up for consideration. Representative Leitch moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 2 to SENATE BILL 457, having been printed, was taken up for consideration. Representative Hassert then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Madigan, Scott, Currie; Rutherford and Hassert. Ordered that the Clerk inform the Senate. RECALLS By unanimous consent, on motion of Representative Novak, SENATE
5990 JOURNAL OF THE [May 26, 1999] BILL 23 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON SECOND READING Having been read by title a second time earlier today and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 311. 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 Garrett, SENATE BILL 311 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: 80, Yeas; 34, Nays; 1, Answering Present. (ROLL CALL 12) 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. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 4:39 o'clock p.m. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 452, submitted to the House previously, was taken up for consideration. Representative Hannig moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 71, Yeas; 42, Nays; 2, Answering Present. (ROLL CALL 13) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Fritchey, SENATE BILL 1125 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: 62, Yeas; 51, Nays; 0, Answering Present. (ROLL CALL 14)
HOUSE OF REPRESENTATIVES 5991 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 26. Having been read by title a second time on May 21, 1999, and held on the order of Second Reading, the same was again taken up. Pursuant to the motion submitted previously, Representative O'Brien moved to reconsider the vote by which Amendment No. 2 to SENATE BILL 26 was lost in the House on May 18, 1999. The motion previaled. Representative O'Brien again offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 26 AMENDMENT NO. 2. Amend Senate Bill 26, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, by replacing lines 20 through 30 with the following: "(b) In counties with a county executive form of government as defined in Section 2-5003 of the Counties Code or any forest preserve district established after July 1, 1999, an owner-occupied residence that qualifies as homestead property under Section 15-175 of the Property Tax Code or an owner-operated farm as a farm is defined in Section 1-60 of the Property Tax Code may not be taken for recreational purposes by a forest preserve district except with the consent of the owner. The restriction in this subsection (b) does not apply if the owner is a willing seller. The restriction in this subsection (b) does not apply to takings of property by a public utility authorized by a grant of authority issued under Article VIII of the Public Utilities Act.". And on that motion, a vote was taken resulting as follows: 61, Yeas; 53, Nays; 1, Answering Present. (ROLL CALL 15) 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 held on the order of Second Reading. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 242, submitted to the House previously, was taken up for consideration. Representative McKeon moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) The motion prevailed and the First Conference Committee Report
5992 JOURNAL OF THE [May 26, 1999] was adopted. Ordered that the Clerk inform the Senate. RESOLUTIONS Having been reported out of the Committee on Rules on May 24, 1999, HOUSE RESOLUTION 336 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 17) The motion prevailed and the Resolution was adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 4 to HOUSE BILL 619, having been printed, was taken up for consideration. Representative Capparelli moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 4. The motion prevailed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 251. Having been recalled on May 25, 1999, and held on the order of Second Reading, the same was again taken up. Representative Flowers offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 251 AMENDMENT NO. 2. Amend Senate Bill 251 by replacing the title with the following: "AN ACT concerning the delivery of health care services, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Managed Care Reform and Patient Rights Act. Section 5. Health care patient rights. (a) The General Assembly finds that: (1) A patient has the right to care consistent with professional standards of practice to assure quality nursing and medical practices, to choose the participating physician responsible for coordinating his or her care, to receive information concerning his or her condition and proposed treatment, to refuse any treatment to the extent permitted by law, and to privacy and confidentiality of records except as otherwise provided by law. (2) A patient has the right, regardless of source of payment, to examine and to receive a reasonable explanation of his or her total bill for health care services rendered by his or her physician or other health care provider, including the itemized charges for specific health care services received. A physician or other health care provider has responsibility only for a reasonable explanation of those specific health care services provided by the health care provider. (3) A patient has the right to timely prior notice of the
HOUSE OF REPRESENTATIVES 5993 termination whenever a health care plan cancels or refuses to renew an enrollee's participation in the plan. (4) A patient has the right to privacy and confidentiality in health care. This right may be expressly waived in writing by the patient or the patient's guardian. (5) An individual has the right to purchase any health care services with that individual's own funds. (b) Nothing in this Section shall preclude the health care plan from sharing information for plan quality assessment and improvement purposes as required by Section 80. Section 10. Definitions: "Adverse determination" means a determination by a health care plan under Section 45 or by a utilization review program under Section 85 that a health care service is not medically necessary. "Clinical peer" means a health care professional who is in the same profession and the same or similar specialty as the health care provider who typically manages the medical condition, procedures, or treatment under review. "Department" means the Department of Insurance. "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity (including, but not limited to, severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in: (1) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. "Emergency medical screening examination" means a medical screening examination and evaluation by a physician licensed to practice medicine in all its branches, or to the extent permitted by applicable laws, by other appropriately licensed personnel under the supervision of or in collaboration with a physician licensed to practice medicine in all its branches to determine whether the need for emergency services exists. "Emergency services" means, with respect to an enrollee of a health care plan, transportation services, including but not limited to ambulance services, and covered inpatient and outpatient hospital services furnished by a provider qualified to furnish those services that are needed to evaluate or stabilize an emergency medical condition. "Emergency services" does not refer to post-stabilization medical services. "Enrollee" means any person and his or her dependents enrolled in or covered by a health care plan. "Health care plan" means a plan that establishes, operates, or maintains a network of health care providers that has entered into an agreement with the plan to provide health care services to enrollees to whom the plan has the ultimate obligation to arrange for the provision of or payment for services through organizational arrangements for ongoing quality assurance, utilization review programs, or dispute resolution. Nothing in this definition shall be construed to mean that an independent practice association or a physician hospital organization that subcontracts with a health care plan is, for purposes of that subcontract, a health care plan. For purposes of this definition, "health care plan" shall not include the following: (1) indemnity health insurance policies including those using a contracted provider network; (2) health care plans that offer only dental or only vision
5994 JOURNAL OF THE [May 26, 1999] coverage; (3) preferred provider administrators, as defined in Section 370g(g) of the Illinois Insurance Code; (4) employee or employer self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974; (5) health care provided pursuant to the Workers' Compensation Act or the Workers' Occupational Diseases Act; and (6) not-for-profit voluntary health services plans with health maintenance organization authority in existence as of January 1, 1999 that are affiliated with a union and that only extend coverage to union members and their dependents. "Health care professional" means a physician, a registered professional nurse, or other individual appropriately licensed or registered to provide health care services. "Health care provider" means any physician, hospital facility, or other person that is licensed or otherwise authorized to deliver health care services. Nothing in this Act shall be construed to define Independent Practice Associations or Physician-Hospital Organizations as health care providers. "Health care services" means any services included in the furnishing to any individual of medical care, or the hospitalization incident to the furnishing of such care, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness or injury including home health and pharmaceutical services and products. "Medical director" means a physician licensed in any state to practice medicine in all its branches appointed by a health care plan. "Person" means a corporation, association, partnership, limited liability company, sole proprietorship, or any other legal entity. "Physician" means a person licensed under the Medical Practice Act of 1987. "Post-stabilization medical services" means health care services provided to an enrollee that are furnished in a licensed hospital by a provider that is qualified to furnish such services, and determined to be medically necessary and directly related to the emergency medical condition following stabilization. "Stabilization" means, with respect to an emergency medical condition, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result. "Utilization review" means the evaluation of the medical necessity, appropriateness, and efficiency of the use of health care services, procedures, and facilities. "Utilization review program" means a program established by a person to perform utilization review. Section 15. Provision of information. (a) A health care plan shall provide annually to enrollees and prospective enrollees, upon request, a complete list of participating health care providers in the health care plan's service area and a description of the following terms of coverage: (1) the service area; (2) the covered benefits and services with all exclusions, exceptions, and limitations; (3) the pre-certification and other utilization review procedures and requirements; (4) a description of the process for the selection of a primary care physician, any limitation on access to specialists, and the plan's standing referral policy; (5) the emergency coverage and benefits, including any
HOUSE OF REPRESENTATIVES 5995 restrictions on emergency care services; (6) the out-of-area coverage and benefits, if any; (7) the enrollee's financial responsibility for copayments, deductibles, premiums, and any other out-of-pocket expenses; (8) the provisions for continuity of treatment in the event a health care provider's participation terminates during the course of an enrollee's treatment by that provider; (9) the appeals process, forms, and time frames for health care services appeals, complaints, and external independent reviews, administrative complaints, and utilization review complaints, including a phone number to call to receive more information from the health care plan concerning the appeals process; and (10) a statement of all basic health care services and all specific benefits and services mandated to be provided to enrollees by any State law or administrative rule. In the event of an inconsistency between any separate written disclosure statement and the enrollee contract or certificate, the terms of the enrollee contract or certificate shall control. (b) Upon written request, a health care plan shall provide to enrollees a description of the financial relationships between the health care plan and any health care provider and, if requested, the percentage of copayments, deductibles, and total premiums spent on healthcare related expenses and the percentage of copayments, deductibles, and total premiums spent on other expenses, including administrative expenses, except that no health care plan shall be required to disclose specific provider reimbursement. (c) A participating health care provider shall provide all of the following, where applicable, to enrollees upon request: (1) Information related to the health care provider's educational background, experience, training, specialty, and board certification, if applicable. (2) The names of licensed facilities on the provider panel where the health care provider presently has privileges for the treatment, illness, or procedure that is the subject of the request. (3) Information regarding the health care provider's participation in continuing education programs and compliance with any licensure, certification, or registration requirements, if applicable. (d) A health care plan shall provide the information required to be disclosed under this Act upon enrollment and annually thereafter in a legible and understandable format. The Department shall promulgate rules to establish the format based, to the extent practical, on the standards developed for supplemental insurance coverage under Title XVIII of the federal Social Security Act as a guide, so that a person can compare the attributes of the various health care plans. (e) The written disclosure requirements of this Section may be met by disclosure to one enrollee in a household. Section 20. Notice of nonrenewal or termination. A health care plan must give at least 60 days notice of nonrenewal or termination of a health care provider to the health care provider and to the enrollees served by the health care provider. The notice shall include a name and address to which an enrollee or health care provider may direct comments and concerns regarding the nonrenewal or termination. Immediate written notice may be provided without 60 days notice when a health care provider's license has been disciplined by a State licensing board. Section 25. Transition of services. (a) A health care plan shall provide for continuity of care for
5996 JOURNAL OF THE [May 26, 1999] its enrollees as follows: (1) If an enrollee's physician leaves the health care plan's network of health care providers for reasons other than termination of a contract in situations involving imminent harm to a patient or a final disciplinary action by a State licensing board and the physician remains within the health care plan's service area, the health care plan shall permit the enrollee to continue an ongoing course of treatment with that physician during a transitional period: (A) of 90 days from the date of the notice of physician's termination from the health care plan to the enrollee of the physician's disaffiliation from the health care plan if the enrollee has an ongoing course of treatment; or (B) if the enrollee has entered the third trimester of pregnancy at the time of the physician's disaffiliation, that includes the provision of post-partum care directly related to the delivery. (2) Notwithstanding the provisions in item (1) of this subsection, such care shall be authorized by the health care plan during the transitional period only if the physician agrees: (A) to continue to accept reimbursement from the health care plan at the rates applicable prior to the start of the transitional period; (B) to adhere to the health care plan's quality assurance requirements and to provide to the health care plan necessary medical information related to such care; and (C) to otherwise adhere to the health care plan's policies and procedures, including but not limited to procedures regarding referrals and obtaining preauthorizations for treatment. (b) A health care plan shall provide for continuity of care for new enrollees as follows: (1) If a new enrollee whose physician is not a member of the health care plan's provider network, but is within the health care plan's service area, enrolls in the health care plan, the health care plan shall permit the enrollee to continue an ongoing course of treatment with the enrollee's current physician during a transitional period: (A) of 90 days from the effective date of enrollment if the enrollee has an ongoing course of treatment; or (B) if the enrollee has entered the third trimester of pregnancy at the effective date of enrollment, that includes the provision of post-partum care directly related to the delivery. (2) If an enrollee elects to continue to receive care from such physician pursuant to item (1) of this subsection, such care shall be authorized by the health care plan for the transitional period only if the physician agrees: (A) to accept reimbursement from the health care plan at rates established by the health care plan; such rates shall be the level of reimbursement applicable to similar physicians within the health care plan for such services; (B) to adhere to the health care plan's quality assurance requirements and to provide to the health care plan necessary medical information related to such care; and (C) to otherwise adhere to the health care plan's policies and procedures including, but not limited to procedures regarding referrals and obtaining
HOUSE OF REPRESENTATIVES 5997 preauthorization for treatment. (c) In no event shall this Section be construed to require a health care plan to provide coverage for benefits not otherwise covered or to diminish or impair preexisting condition limitations contained in the enrollee's contract. Section 30. Prohibitions. (a) No health care plan or its subcontractors may prohibit or discourage health care providers by contract or policy from discussing any health care services and health care providers, utilization review and quality assurance policies, terms and conditions of plans and plan policy with enrollees, prospective enrollees, providers, or the public. (b) No health care plan by contract, written policy, or procedure may permit or allow an individual or entity to dispense a different drug in place of the drug or brand of drug ordered or prescribed without the express permission of the person ordering or prescribing the drug, except as provided under Section 3.14 of the Illinois Food, Drug and Cosmetic Act. (c) Any violation of this Section shall be subject to the penalties under this Act. Section 35. Medically appropriate health care protection. (a) No health care plan or its subcontractors shall retaliate against a physician or other health care provider who advocates for appropriate health care services for patients. (b) It is the public policy of the State of Illinois that a physician or any other health care provider be encouraged to advocate for medically appropriate health care services for his or her patients. For purposes of this Section, "to advocate for medically appropriate health care services" means to appeal a decision to deny payment for a health care service pursuant to the reasonable grievance or appeal procedure established by a health care plan or to protest a decision, policy, or practice that the physician or other health care provider, consistent with that degree of learning and skill ordinarily possessed by physicians or other health care providers practicing in the same or a similar locality and under similar circumstances, reasonably believes impairs the physician's or other health care provider's ability to provide appropriate health care services to his or her patients. (c) This Section shall not be construed to prohibit a health care plan or its subcontractors from making a determination not to pay for a particular health care service or to prohibit a medical group, independent practice association, preferred provider organization, foundation, hospital medical staff, hospital governing body or health care plan from enforcing reasonable peer review or utilization review protocols or determining whether a physician or other health care provider has complied with those protocols. (d) Nothing in this Section shall be construed to prohibit the governing body of a hospital or the hospital medical staff from taking disciplinary actions against a physician as authorized by law. (e) Nothing in this Section shall be construed to prohibit the Department of Professional Regulation from taking disciplinary actions against a physician or other health care provider under the appropriate licensing Act. (f) Any violation of this Section shall be subject to the penalties under this Act. Section 40. Access to specialists. (a) All health care plans that require each enrollee to select a health care provider for any purpose including coordination of care shall permit an enrollee to choose any available primary care physician licensed to practice medicine in all its branches participating in the health care plan for that purpose. The health
5998 JOURNAL OF THE [May 26, 1999] care plan shall provide the enrollee with a choice of licensed health care providers who are accessible and qualified. Nothing in this Act shall be construed to prohibit a health care plan from requiring a health care provider to meet the health care plan's criteria in order to coordinate access to health care. (b) A health care plan shall establish a procedure by which an enrollee who has a condition that requires ongoing care from a specialist physician or other health care provider may apply for a standing referral to a specialist physician or other health care provider if a referral to a specialist physician or other health care provider is required for coverage. The application shall be made to the enrollee's primary care physician. This procedure for a standing referral must specify the necessary criteria and conditions that must be met in order for an enrollee to obtain a standing referral. A standing referral shall be effective for the period necessary to provide the referred services or one year, except in the event of termination of a contract or policy in which case Section 25 on transition of services shall apply, if applicable. A primary care physician may renew and re-renew a standing referral. (c) The enrollee may be required by the health care plan to select a specialist physician or other health care provider who has a referral arrangement with the enrollee's primary care physician or to select a new primary care physician who has a referral arrangement with the specialist physician or other health care provider chosen by the enrollee. If a health care plan requires an enrollee to select a new physician under this subsection, the health care plan must provide the enrollee with both options provided in this subsection. When a participating specialist with a referral arrangement is not available, the primary care physician, in consultation with the enrollee, shall arrange for the enrollee to have access to a qualified participating health care provider, and the enrollee shall be allowed to stay with his or her primary care physician. If a secondary referral is necessary, the specialist physician or other health care provider shall advise the primary care physician. The primary care physician shall be responsible for making the secondary referral. In addition, the health care plan shall require the specialist physician or other health care provider to provide regular updates to the enrollee's primary care physician. (d) When the type of specialist physician or other health care provider needed to provide ongoing care for a specific condition is not represented in the health care plan's provider network, the primary care physician shall arrange for the enrollee to have access to a qualified non-participating health care provider within a reasonable distance and travel time at no additional cost beyond what the enrollee would otherwise pay for services received within the network. The referring physician shall notify the plan when a referral is made outside the network. (e) The enrollee's primary care physician shall remain responsible for coordinating the care of an enrollee who has received a standing referral to a specialist physician or other health care provider. If a secondary referral is necessary, the specialist physician or other health care provider shall advise the primary care physician. The primary care physician shall be responsible for making the secondary referral. In addition, the health care plan shall require the specialist physician or other health care provider to provide regular updates to the enrollee's primary care physician. (f) If an enrollee's application for any referral is denied, an enrollee may appeal the decision through the health care plan's external independent review process in accordance with subsection (f) of Section 45 of this Act. (g) Nothing in this Act shall be construed to require an
HOUSE OF REPRESENTATIVES 5999 enrollee to select a new primary care physician when no referral arrangement exists between the enrollee's primary care physician and the specialist selected by the enrollee and when the enrollee has a long-standing relationship with his or her primary care physician. (h) In promulgating rules to implement this Act, the Department shall define "standing referral" and "ongoing course of treatment". Section 45. Health care services appeals, complaints, and external independent reviews. (a) A health care plan shall establish and maintain an appeals procedure as outlined in this Act. Compliance with this Act's appeals procedures shall satisfy a health care plan's obligation to provide appeal procedures under any other State law or rules. All appeals of a health care plan's administrative determinations and complaints regarding its administrative decisions shall be handled as required under Section 50. (b) When an appeal concerns a decision or action by a health care plan, its employees, or its subcontractors that relates to (i) health care services, including, but not limited to, procedures or treatments, for an enrollee with an ongoing course of treatment ordered by a health care provider, the denial of which could significantly increase the risk to an enrollee's health, or (ii) a treatment referral, service, procedure, or other health care service, the denial of which could significantly increase the risk to an enrollee's health, the health care plan must allow for the filing of an appeal either orally or in writing. Upon submission of the appeal, a health care plan must notify the party filing the appeal, as soon as possible, but in no event more than 24 hours after the submission of the appeal, of all information that the plan requires to evaluate the appeal. The health care plan shall render a decision on the appeal within 24 hours after receipt of the required information. The health care plan shall notify the party filing the appeal and the enrollee, enrollee's primary care physician, and any health care provider who recommended the health care service involved in the appeal of its decision orally followed-up by a written notice of the determination. (c) For all appeals related to health care services including, but not limited to, procedures or treatments for an enrollee and not covered by subsection (b) above, the health are plan shall establish a procedure for the filing of such appeals. Upon submission of an appeal under this subsection, a health care plan must notify the party filing an appeal, within 3 business days, of all information that the plan requires to evaluate the appeal. The health care plan shall render a decision on the appeal within 15 business days after receipt of the required information. The health care plan shall notify the party filing the appeal, the enrollee, the enrollee's primary care physician, and any health care provider who recommended the health care service involved in the appeal orally of its decision followed-up by a written notice of the determination. (d) An appeal under subsection (b) or (c) may be filed by the enrollee, the enrollee's designee or guardian, the enrollee's primary care physician, or the enrollee's health care provider. A health care plan shall designate a clinical peer to review appeals, because these appeals pertain to medical or clinical matters and such an appeal must be reviewed by an appropriate health care professional. No one reviewing an appeal may have had any involvement in the initial determination that is the subject of the appeal. The written notice of determination required under subsections (b) and (c) shall include (i) clear and detailed reasons for the determination, (ii) the medical or clinical criteria for the determination, which shall be based upon sound clinical evidence and reviewed on a periodic basis, and (iii) in the case of an adverse determination, the
6000 JOURNAL OF THE [May 26, 1999] procedures for requesting an external independent review under subsection (f). (e) If an appeal filed under subsection (b) or (c) is denied for a reason including, but not limited to, the service, procedure, or treatment is not viewed as medically necessary, denial of specific tests or procedures, denial of referral to specialist physicians or denial of hospitalization requests or length of stay requests, any involved party may request an external independent review under subsection (f) of the adverse determination. (f) External independent review. (1) The party seeking an external independent review shall so notify the health care plan. The health care plan shall seek to resolve all external independent reviews in the most expeditious manner and shall make a determination and provide notice of the determination no more than 24 hours after the receipt of all necessary information when a delay would significantly increase the risk to an enrollee's health or when extended health care services for an enrollee undergoing a course of treatment prescribed by a health care provider are at issue. (2) Within 30 days after the enrollee receives written notice of an adverse determination, if the enrollee decides to initiate an external independent review, the enrollee shall send to the health care plan a written request for an external independent review, including any information or documentation to support the enrollee's request for the covered service or claim for a covered service. (3) Within 30 days after the health care plan receives a request for an external independent review from an enrollee, the health care plan shall: (A) provide a mechanism for joint selection of an external independent reviewer by the enrollee, the enrollee's physician or other health care provider, and the health care plan; and (B) forward to the independent reviewer all medical records and supporting documentation pertaining to the case, a summary description of the applicable issues including a statement of the health care plan's decision, the criteria used, and the medical and clinical reasons for that decision. (4) Within 5 days after receipt of all necessary information, the independent reviewer shall evaluate and analyze the case and render a decision that is based on whether or not the health care service or claim for the health care service is medically appropriate. The decision by the independent reviewer is final. If the external independent reviewer determines the health care service to be medically appropriate, the health care plan shall pay for the health care service. (5) The health care plan shall be solely responsible for paying the fees of the external independent reviewer who is selected to perform the review. (6) An external independent reviewer who acts in good faith shall have immunity from any civil or criminal liability or professional discipline as a result of acts or omissions with respect to any external independent review, unless the acts or omissions constitute wilful and wanton misconduct. For purposes of any proceeding, the good faith of the person participating shall be presumed. (7) Future contractual or employment action by the health care plan regarding the patient's physician or other health care provider shall not be based solely on the physician's or other health care provider's participation in this procedure.
HOUSE OF REPRESENTATIVES 6001 (8) For the purposes of this Section, an external independent reviewer shall: (A) be a clinical peer; (B) have no direct financial interest in connection with the case; and (C) have not been informed of the specific identity of the enrollee. (g) Nothing in this Section shall be construed to require a health care plan to pay for a health care service not covered under the enrollee's certificate of coverage or policy. Section 50. Administrative complaints and Departmental review. (a) Administrative complaint process. (1) A health care plan shall accept and review appeals of its determinations and complaints related to administrative issues initiated by enrollees or their health care providers (complainant). All appeals of a health care plan's determinations and complaints related to health care services shall be handled as required under Section 45. Nothing in this Act shall be construed to preclude an enrollee from filing a complaint with the Department or as limiting the Department's ability to investigate complaints. In addition, any enrollee not satisfied with the plan's resolution of any complaint may appeal that final plan decision to the Department. (2) When a complaint against a health care plan (respondent) is received by the Department, the respondent shall be notified of the complaint. The Department shall, in its notification, specify the date when a report is to be received from the respondent, which shall be no later than 21 days after notification is sent to the respondent. A failure to reply by the date specified may be followed by a collect telephone call or collect telegram. Repeated instances of failing to reply by the date specified may result in further regulatory action. (3) The respondent's report shall supply adequate documentation that explains all actions taken or not taken and that were the basis for the complaint. The report shall include documents necessary to support the respondent's position and any information requested by the Department. The respondent's reply shall be in duplicate, but duplicate copies of supporting documents shall not be required. The respondent's reply shall include the name, telephone number, and address of the individual assigned to investigate or process the complaint. The Department shall respect the confidentiality of medical reports and other documents that by law are confidential. Any other information furnished by a respondent shall be marked "confidential" if the respondent does not wish it to be released to the complainant. (b) Departmental review. The Department shall review the plan decision to determine whether it is consistent with the plan and Illinois law and rules. Upon receipt of the respondent's report, the Department shall evaluate the material submitted and: (1) advise the complainant of the action taken and disposition of the complaint; (2) pursue further investigation with the respondent or complainant; or (3) refer the investigation report to the appropriate branch within the Department for further regulatory action. (c) The Department of Insurance and the Department of Public Health shall coordinate the complaint review and investigation process. The Department of Insurance and the Department of Public Health shall jointly establish rules under the Illinois Administrative Procedure Act implementing this complaint process. Section 55. Record of complaints.
6002 JOURNAL OF THE [May 26, 1999] (a) The Department shall maintain records concerning the complaints filed against health care plans. To that end, the Department shall require health care plans to annually report complaints made to and resolutions by health care plans in a manner determined by rule. The Department shall make a summary of all data collected available upon request and publish the summary on the World Wide Web. (b) The Department shall maintain records on the number of complaints filed against each health care plan. (c) The Department shall maintain records classifying each complaint by whether the complaint was filed by: (1) a consumer or enrollee; (2) a provider; or (3) any other individual. (d) The Department shall maintain records classifying each complaint according to the nature of the complaint as it pertains to a specific function of the health care plan. The complaints shall be classified under the following categories: (1) denial of care or treatment; (2) denial of a diagnostic procedure; (3) denial of a referral request; (4) sufficient choice and accessibility of health care providers; (5) underwriting; (6) marketing and sales; (7) claims and utilization review; (8) member services; (9) provider relations; and (10) miscellaneous. (e) The Department shall maintain records classifying the disposition of each complaint. The disposition of the complaint shall be classified in one of the following categories: (1) complaint referred to the health care plan and no further action necessary by the Department; (2) no corrective action deemed necessary by the Department; or (3) corrective action taken by the Department. (f) No Department publication or release of information shall identify any enrollee, health care provider, or individual complainant. Section 60. Choosing a physician. (a) A health care plan may also offer other arrangements under which enrollees may access health care services from contracted providers without a referral or authorization from their primary care physician. (b) The enrollee may be required by the health care plan to select a specialist physician or other health care provider who has a referral arrangement with the enrollee's primary care physician or to select a new primary care physician who has a referral arrangement with the specialist physician or other health care provider chosen by the enrollee. If a health care plan requires an enrollee to select a new physician under this subsection, the health care plan must provide the enrollee with both options provided in this subsection. (c) The Director of Insurance and the Department of Public Health each may promulgate rules to ensure appropriate access to and quality of care for enrollees in any plan that allows enrollees to access health care services from contractual providers without a referral or authorization from the primary care physician. The rules may include, but shall not be limited to, a system for the retrieval and compilation of enrollees' medical records. Section 65. Emergency services prior to stabilization.
HOUSE OF REPRESENTATIVES 6003 (a) A health care plan that provides or that is required by law to provide coverage for emergency services shall provide coverage such that payment under this coverage is not dependent upon whether the services are performed by a plan or non-plan health care provider and without regard to prior authorization. This coverage shall be at the same benefit level as if the services or treatment had been rendered by the health care plan physician licensed to practice medicine in all its branches or health care provider. (b) Prior authorization or approval by the plan shall not be required for emergency services. (c) Coverage and payment shall only be retrospectively denied under the following circumstances: (1) upon reasonable determination that the emergency services claimed were never performed; (2) upon timely determination that the emergency evaluation and treatment were rendered to an enrollee who sought emergency services and whose circumstance did not meet the definition of emergency medical condition; (3) upon determination that the patient receiving such services was not an enrollee of the health care plan; or (4) upon material misrepresentation by the enrollee or health care provider; "material" means a fact or situation that is not merely technical in nature and results or could result in a substantial change in the situation. (d) When an enrollee presents to a hospital seeking emergency services, the determination as to whether the need for those services exists shall be made for purposes of treatment by a physician licensed to practice medicine in all its branches or, to the extent permitted by applicable law, by other appropriately licensed personnel under the supervision of or in collaboration with a physician licensed to practice medicine in all its branches. The physician or other appropriate personnel shall indicate in the patient's chart the results of the emergency medical screening examination. (e) The appropriate use of the 911 emergency telephone system or its local equivalent shall not be discouraged or penalized by the health care plan when an emergency medical condition exists. This provision shall not imply that the use of 911 or its local equivalent is a factor in determining the existence of an emergency medical condition. (f) The medical director's or his or her designee's determination of whether the enrollee meets the standard of an emergency medical condition shall be based solely upon the presenting symptoms documented in the medical record at the time care was sought. Only a clinical peer may make an adverse determination. (g) Nothing in this Section shall prohibit the imposition of deductibles, copayments, and co-insurance. Nothing in this Section alters the prohibition on billing enrollees contained in the Health Maintenance Organization Act. Section 70. Post-stabilization medical services. (a) If prior authorization for covered post-stabilization services is required by the health care plan, the plan shall provide access 24 hours a day, 7 days a week to persons designated by the plan to make such determinations, provided that any determination made under this Section must be made by a health care professional. The review shall be resolved in accordance with the provisions of Section 85 and the time requirements of this Section. (b) The treating physician licensed to practice medicine in all its branches or health care provider shall contact the health care plan or delegated health care provider as designated on the enrollee's health insurance card to obtain authorization, denial, or
6004 JOURNAL OF THE [May 26, 1999] arrangements for an alternate plan of treatment or transfer of the enrollee. (c) The treating physician licensed to practice medicine in all its branches or health care provider shall document in the enrollee's medical record the enrollee's presenting symptoms; emergency medical condition; and time, phone number dialed, and result of the communication for request for authorization of post-stabilization medical services. The health care plan shall provide reimbursement for covered post-stabilization medical services if: (1) authorization to render them is received from the health care plan or its delegated health care provider, or (2) after 2 documented good faith efforts, the treating health care provider has attempted to contact the enrollee's health care plan or its delegated health care provider, as designated on the enrollee's health insurance card, for prior authorization of post-stabilization medical services and neither the plan nor designated persons were accessible or the authorization was not denied within 60 minutes of the request. "Two documented good faith efforts" means the health care provider has called the telephone number on the enrollee's health insurance card or other available number either 2 times or one time and an additional call to any referral number provided. "Good faith" means honesty of purpose, freedom from intention to defraud, and being faithful to one's duty or obligation. For the purpose of this Act, good faith shall be presumed. (d) After rendering any post-stabilization medical services, the treating physician licensed to practice medicine in all its branches or health care provider shall continue to make every reasonable effort to contact the health care plan or its delegated health care provider regarding authorization, denial, or arrangements for an alternate plan of treatment or transfer of the enrollee until the treating health care provider receives instructions from the health care plan or delegated health care provider for continued care or the care is transferred to another health care provider or the patient is discharged. (e) Payment for covered post-stabilization services may be denied: (1) if the treating health care provider does not meet the conditions outlined in subsection (c); (2) upon determination that the post-stabilization services claimed were not performed; (3) upon timely determination that the post-stabilization services rendered were contrary to the instructions of the health care plan or its delegated health care provider if contact was made between those parties prior to the service being rendered; (4) upon determination that the patient receiving such services was not an enrollee of the health care plan; or (5) upon material misrepresentation by the enrollee or health care provider; "material" means a fact or situation that is not merely technical in nature and results or could result in a substantial change in the situation. (f) Nothing in this Section prohibits a health care plan from delegating tasks associated with the responsibilities enumerated in this Section to the health care plan's contracted health care providers or another entity. Only a clinical peer may make an adverse determination. However, the ultimate responsibility for coverage and payment decisions may not be delegated. (g) Coverage and payment for post-stabilization medical services for which prior authorization or deemed approval is received shall not be retrospectively denied.
HOUSE OF REPRESENTATIVES 6005 (h) Nothing in this Section shall prohibit the imposition of deductibles, copayments, and co-insurance. Nothing in this Section alters the prohibition on billing enrollees contained in the Health Maintenance Organization Act. Section 72. Pharmacy providers. (a) Before entering into an agreement with pharmacy providers, a health care plan must establish terms and conditions that must be met by pharmacy providers desiring to contract with the health care plan. The terms and conditions shall not discriminate against a pharmacy provider. A health care plan may not refuse to contract with a pharmacy provider that meets the terms and conditions established by the health care plan. If a pharmacy provider rejects the terms and conditions established, the health care plan may offer other terms and conditions necessary to comply with network adequacy requirements. (b) A health care plan shall apply the same coinsurance, copayment, and deductible factors to all drug prescriptions filled by a pharmacy provider that participates in the health care plan's network. Nothing in this subsection, however, prohibits a health care plan from applying different coinsurance, copayment, and deductible factors between brand name drugs and generic drugs when a generic equivalent exists for the brand name drug. (c) A health care plan may not set a limit on the quantity of drugs that an enrollee may obtain at one time with a prescription unless the limit is applied uniformly to all pharmacy providers in the health care plan's network. Section 75. Consumer advisory committee. (a) A health care plan shall establish a consumer advisory committee. The consumer advisory committee shall have the authority to identify and review consumer concerns and make advisory recommendations to the health care plan. The health care plan may also make requests of the consumer advisory committee to provide feedback to proposed changes in plan policies and procedures which will affect enrollees. However, the consumer advisory committee shall not have the authority to hear or resolve specific complaints or grievances, but instead shall refer such complaints or grievances to the health care plan's grievance committee. (b) The health care plan shall randomly select 8 enrollees meeting the requirements of this Section to serve on the consumer advisory committee. The health care plan must continue to randomly select enrollees until 8 enrollees have agreed to serve on the consumer advisory committee. Upon initial formation of the consumer advisory committee, the health care plan shall appoint 4 enrollees to a 2 year term and 4 enrollees to a one year term. Thereafter, as an enrollee's term expires, the health care plan shall re-appoint or appoint an enrollee to serve on the consumer advisory committee for a 2 year term. Members of the consumer advisory committee shall by majority vote elect a member of the committee to serve as chair of the committee. (c) An enrollee may not serve on the consumer advisory committee if during the 2 years preceding service the enrollee: (1) has been an employee, officer, or director of the plan, an affiliate of the plan, or a provider or affiliate of a provider that furnishes health care services to the plan or affiliate of the plan; or (2) is a relative of a person specified in item (1). (d) A health care plan's consumer advisory committee shall meet not less than quarterly. (e) All meetings shall be held within the State of Illinois. The costs of the meetings shall be borne by the health care plan. Section 80. Quality assessment program.
6006 JOURNAL OF THE [May 26, 1999] (a) A health care plan shall develop and implement a quality assessment and improvement strategy designed to identify and evaluate accessibility, continuity, and quality of care. The health care plan shall have: (1) an ongoing, written, internal quality assessment program; (2) specific written guidelines for monitoring and evaluating the quality and appropriateness of care and services provided to enrollees requiring the health care plan to assess: (A) the accessibility to health care providers; (B) appropriateness of utilization; (C) concerns identified by the health care plan's medical or administrative staff and enrollees; and (D) other aspects of care and service directly related to the improvement of quality of care; (3) a procedure for remedial action to correct quality problems that have been verified in accordance with the written plan's methodology and criteria, including written procedures for taking appropriate corrective action; (4) follow-up measures implemented to evaluate the effectiveness of the action plan. (b) The health care plan shall establish a committee that oversees the quality assessment and improvement strategy which includes physician and enrollee participation. (c) Reports on quality assessment and improvement activities shall be made to the governing body of the health care plan not less than quarterly. (d) The health care plan shall make available its written description of the quality assessment program to the Department of Public Health. (e) With the exception of subsection (d), the Department of Public Health shall accept evidence of accreditation with regard to the health care network quality management and performance improvement standards of: (1) the National Commission on Quality Assurance (NCQA); (2) the American Accreditation Healthcare Commission (URAC); (3) the Joint Commission on Accreditation of Healthcare Organizations (JCAHO); or (4) any other entity that the Director of Public Health deems has substantially similar or more stringent standards than provided for in this Section. (f) If the Department of Public Health determines that a health care plan is not in compliance with the terms of this Section, it shall certify the finding to the Department of Insurance. The Department of Insurance shall subject a health care plan to penalties, as provided in this Act, for such non-compliance. Section 85. Utilization review program registration. (a) No person may conduct a utilization review program in this State unless once every 2 years the person registers the utilization review program with the Department and certifies compliance with the Health Utilization Management Standards of the American Accreditation Healthcare Commission (URAC) sufficient to achieve American Accreditation Healthcare Commission (URAC) accreditation or submits evidence of accreditation by the American Accreditation Healthcare Commission (URAC) for its Health Utilization Management Standards. Nothing in this Act shall be construed to require a health care plan or its subcontractors to become American Accreditation Healthcare Commission (URAC) accredited. (b) In addition, the Director of the Department, in consultation with the Director of the Department of Public Health, may certify
HOUSE OF REPRESENTATIVES 6007 alternative utilization review standards of national accreditation organizations or entities in order for plans to comply with this Section. Any alternative utilization review standards shall meet or exceed those standards required under subsection (a). (c) The provisions of this Section do not apply to: (1) persons providing utilization review program services only to the federal government; (2) self-insured health plans under the federal Employee Retirement Income Security Act of 1974, however, this Section does apply to persons conducting a utilization review program on behalf of these health plans; (3) hospitals and medical groups performing utilization review activities for internal purposes unless the utilization review program is conducted for another person. Nothing in this Act prohibits a health care plan or other entity from contractually requiring an entity designated in item (3) of this subsection to adhere to the utilization review program requirements of this Act. (d) This registration shall include submission of all of the following information regarding utilization review program activities: (1) The name, address, and telephone number of the utilization review programs. (2) The organization and governing structure of the utilization review programs. (3) The number of lives for which utilization review is conducted by each utilization review program. (4) Hours of operation of each utilization review program. (5) Description of the grievance process for each utilization review program. (6) Number of covered lives for which utilization review was conducted for the previous calendar year for each utilization review program. (7) Written policies and procedures for protecting confidential information according to applicable State and federal laws for each utilization review program. (e) (1) A utilization review program shall have written procedures for assuring that patient-specific information obtained during the process of utilization review will be: (A) kept confidential in accordance with applicable State and federal laws; and (B) shared only with the enrollee, the enrollee's designee, the enrollee's health care provider, and those who are authorized by law to receive the information. Summary data shall not be considered confidential if it does not provide information to allow identification of individual patients or health care providers. (2) Only a health care professional may make determinations regarding the medical necessity of health care services during the course of utilization review. (3) When making retrospective reviews, utilization review programs shall base reviews solely on the medical information available to the attending physician or ordering provider at the time the health care services were provided. (4) When making prospective, concurrent, and retrospective determinations, utilization review programs shall collect only information that is necessary to make the determination and shall not routinely require health care providers to numerically code diagnoses or procedures to be considered for certification, unless required under State or federal Medicare or Medicaid rules or regulations, but may request such code if available, or
6008 JOURNAL OF THE [May 26, 1999] routinely request copies of medical records of all enrollees reviewed. During prospective or concurrent review, copies of medical records shall only be required when necessary to verify that the health care services subject to review are medically necessary. In these cases, only the necessary or relevant sections of the medical record shall be required. (f) If the Department finds that a utilization review program is not in compliance with this Section, the Department shall issue a corrective action plan and allow a reasonable amount of time for compliance with the plan. If the utilization review program does not come into compliance, the Department may issue a cease and desist order. Before issuing a cease and desist order under this Section, the Department shall provide the utilization review program with a written notice of the reasons for the order and allow a reasonable amount of time to supply additional information demonstrating compliance with requirements of this Section and to request a hearing. The hearing notice shall be sent by certified mail, return receipt requested, and the hearing shall be conducted in accordance with the Illinois Administrative Procedure Act. (g) A utilization review program subject to a corrective action may continue to conduct business until a final decision has been issued by the Department. (h) Any adverse determination made by a health care plan or its subcontractors may be appealed in accordance with subsection (f) of Section 45. (i) The Director may by rule establish a registration fee for each person conducting a utilization review program. All fees paid to and collected by the Director under this Section shall be deposited into the Insurance Producer Administration Fund. Section 90. Office of Consumer Health Insurance. (a) The Director of Insurance shall establish the Office of Consumer Health Insurance within the Department of Insurance to provide assistance and information to all health care consumers within the State. Within the appropriation allocated, the Office shall provide information and assistance to all health care consumers by: (1) assisting consumers in understanding health insurance marketing materials and the coverage provisions of individual plans; (2) educating enrollees about their rights within individual plans; (3) assisting enrollees with the process of filing formal grievances and appeals; (4) establishing and operating a toll-free "800" telephone number line to handle consumer inquiries; (5) making related information available in languages other than English that are spoken as a primary language by a significant portion of the State's population, as determined by the Department; (6) analyzing, commenting on, monitoring, and making publicly available reports on the development and implementation of federal, State, and local laws, regulations, and other governmental policies and actions that pertain to the adequacy of health care plans, facilities, and services in the State; (7) filing an annual report with the Governor, the Director, and the General Assembly, which shall contain recommendations for improvement of the regulation of health insurance plans, including recommendations on improving health care consumer assistance and patterns, abuses, and progress that it has identified from its interaction with health care consumers; and
HOUSE OF REPRESENTATIVES 6009 (8) performing all duties assigned to the Office by the Director. (b) The report required under subsection (a)(7) shall be filed by January 31, 2001 and each January 31 thereafter. (c) Nothing in this Section shall be interpreted to authorize access to or disclosure of individual patient or health care professional or provider records. Section 95. Prohibited activity. No health care plan or its subcontractors by contract, written policy, or procedure shall contain any clause attempting to transfer or transferring to a health care provider by indemnification, hold harmless, or contribution requirements concerning any liability relating to activities, actions, or omissions of the health care plan or its officers, employees, or agents. Nothing in this Section shall relieve any person or health care provider from liability for his, her, or its own negligence in the performance of his, her, or its duties arising from treatment of a patient. The Illinois General Assembly finds it to be against public policy for a person to transfer liability in such a manner. Section 100. Prohibition of waiver of rights. No health care plan or contract shall contain any provision, policy, or procedure that limits, restricts, or waives any of the rights set forth in this Act. Any such policy or procedure shall be void and unenforceable. Section 105. Administration and enforcement. The Director of Insurance may adopt rules necessary to implement the Department's responsibilities under this Act. To enforce the provisions of this Act, the Director may issue a cease and desist order or require a health care plan to submit a plan of correction for violations of this Act, or both. Subject to the provisions of the Illinois Administrative Procedure Act, the Director may, pursuant to Section 403A of the Illinois Insurance Code, impose upon a health care plan an administrative fine not to exceed $250,000 for failure to submit a requested plan of correction, failure to comply with its plan of correction, or repeated violations of the Act. Any person who believes that his or her health care plan is in violation of the provisions of this Act may file a complaint with the Department. The Department shall review all complaints received and investigate all of those complaints that it deems to state a potential violation. The Department shall establish rules to fairly, efficiently, and timely review and investigate complaints. Health care plans found to be in violation of this Act shall be penalized in accordance with this Section. Section 110. Applicability and scope. This Act applies to policies and contracts amended, delivered, issued, or renewed on or after the effective date of this Act. This Act does not diminish a health care plan's duties and responsibilities under other federal or State law or rules promulgated thereunder. Section 115. Effect on benefits under Workers' Compensation Act and Workers' Occupational Diseases Act. Nothing in this Act shall be construed to expand, modify, or restrict the health care benefits provided to employees under the Workers' Compensation Act and Workers' Occupational Diseases Act. Section 120. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. Section 200. The State Employees Group Insurance Act of 1971 is amended by changing Sections 3 and 10 and adding Section 6.12 as follows: (5 ILCS 375/3) (from Ch. 127, par. 523) Sec. 3. Definitions. Unless the context otherwise requires, the following words and phrases as used in this Act shall have the
6010 JOURNAL OF THE [May 26, 1999] following meanings. The Department may define these and other words and phrases separately for the purpose of implementing specific programs providing benefits under this Act. (a) "Administrative service organization" means any person, firm or corporation experienced in the handling of claims which is fully qualified, financially sound and capable of meeting the service requirements of a contract of administration executed with the Department. (b) "Annuitant" means (1) an employee who retires, or has retired, on or after January 1, 1966 on an immediate annuity under the provisions of Articles 2, 14, 15 (including an employee who has retired under the optional retirement program established under Section 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of the Illinois Pension Code; (2) any person who was receiving group insurance coverage under this Act as of March 31, 1978 by reason of his status as an annuitant, even though the annuity in relation to which such coverage was provided is a proportional annuity based on less than the minimum period of service required for a retirement annuity in the system involved; (3) any person not otherwise covered by this Act who has retired as a participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code; (4) the spouse of any person who is receiving a retirement annuity under Article 18 of the Illinois Pension Code and who is covered under a group health insurance program sponsored by a governmental employer other than the State of Illinois and who has irrevocably elected to waive his or her coverage under this Act and to have his or her spouse considered as the "annuitant" under this Act and not as a "dependent"; or (5) an employee who retires, or has retired, from a qualified position, as determined according to rules promulgated by the Director, under a qualified local government or a qualified rehabilitation facility or a qualified domestic violence shelter or service. (For definition of "retired employee", see (p) post). (b-5) "New SERS annuitant" means a person who, on or after January 1, 1998, becomes an annuitant, as defined in subsection (b), by virtue of beginning to receive a retirement annuity under Article 14 of the Illinois Pension Code, and is eligible to participate in the basic program of group health benefits provided for annuitants under this Act. (b-6) "New SURS annuitant" means a person who, on or after January 1, 1998, becomes an annuitant, as defined in subsection (b), by virtue of beginning to receive a retirement annuity under Article 15 of the Illinois Pension Code, and is eligible to participate in the basic program of group health benefits provided for annuitants under this Act. (b-7) "New TRS State annuitant" means a person who, on or after July 1, 1998, becomes an annuitant, as defined in subsection (b), by virtue of beginning to receive a retirement annuity under Article 16 of the Illinois Pension Code based on service as a teacher as defined in paragraph (2), (3), or (5) of Section 16-106 of that Code, and is eligible to participate in the basic program of group health benefits provided for annuitants under this Act. (c) "Carrier" means (1) an insurance company, a corporation organized under the Limited Health Service Organization Act or the Voluntary Health Services Plan Act, a partnership, or other nongovernmental organization, which is authorized to do group life or group health insurance business in Illinois, or (2) the State of Illinois as a self-insurer. (d) "Compensation" means salary or wages payable on a regular payroll by the State Treasurer on a warrant of the State Comptroller
HOUSE OF REPRESENTATIVES 6011 out of any State, trust or federal fund, or by the Governor of the State through a disbursing officer of the State out of a trust or out of federal funds, or by any Department out of State, trust, federal or other funds held by the State Treasurer or the Department, to any person for personal services currently performed, and ordinary or accidental disability benefits under Articles 2, 14, 15 (including ordinary or accidental disability benefits under the optional retirement program established under Section 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of the Illinois Pension Code, for disability incurred after January 1, 1966, or benefits payable under the Workers' Compensation or Occupational Diseases Act or benefits payable under a sick pay plan established in accordance with Section 36 of the State Finance Act. "Compensation" also means salary or wages paid to an employee of any qualified local government or qualified rehabilitation facility or a qualified domestic violence shelter or service. (e) "Commission" means the State Employees Group Insurance Advisory Commission authorized by this Act. Commencing July 1, 1984, "Commission" as used in this Act means the Illinois Economic and Fiscal Commission as established by the Legislative Commission Reorganization Act of 1984. (f) "Contributory", when referred to as contributory coverage, shall mean optional coverages or benefits elected by the member toward the cost of which such member makes contribution, or which are funded in whole or in part through the acceptance of a reduction in earnings or the foregoing of an increase in earnings by an employee, as distinguished from noncontributory coverage or benefits which are paid entirely by the State of Illinois without reduction of the member's salary. (g) "Department" means any department, institution, board, commission, officer, court or any agency of the State government receiving appropriations and having power to certify payrolls to the Comptroller authorizing payments of salary and wages against such appropriations as are made by the General Assembly from any State fund, or against trust funds held by the State Treasurer and includes boards of trustees of the retirement systems created by Articles 2, 14, 15, 16 and 18 of the Illinois Pension Code. "Department" also includes the Illinois Comprehensive Health Insurance Board, the Board of Examiners established under the Illinois Public Accounting Act, and the Illinois Rural Bond Bank. (h) "Dependent", when the term is used in the context of the health and life plan, means a member's spouse and any unmarried child (1) from birth to age 19 including an adopted child, a child who lives with the member from the time of the filing of a petition for adoption until entry of an order of adoption, a stepchild or recognized child who lives with the member in a parent-child relationship, or a child who lives with the member if such member is a court appointed guardian of the child, or (2) age 19 to 23 enrolled as a full-time student in any accredited school, financially dependent upon the member, and eligible as a dependent for Illinois State income tax purposes, or (3) age 19 or over who is mentally or physically handicapped as defined in the Illinois Insurance Code. For the health plan only, the term "dependent" also includes any person enrolled prior to the effective date of this Section who is dependent upon the member to the extent that the member may claim such person as a dependent for Illinois State income tax deduction purposes; no other such person may be enrolled. (i) "Director" means the Director of the Illinois Department of Central Management Services. (j) "Eligibility period" means the period of time a member has to elect enrollment in programs or to select benefits without regard
6012 JOURNAL OF THE [May 26, 1999] to age, sex or health. (k) "Employee" means and includes each officer or employee in the service of a department who (1) receives his compensation for service rendered to the department on a warrant issued pursuant to a payroll certified by a department or on a warrant or check issued and drawn by a department upon a trust, federal or other fund or on a warrant issued pursuant to a payroll certified by an elected or duly appointed officer of the State or who receives payment of the performance of personal services on a warrant issued pursuant to a payroll certified by a Department and drawn by the Comptroller upon the State Treasurer against appropriations made by the General Assembly from any fund or against trust funds held by the State Treasurer, and (2) is employed full-time or part-time in a position normally requiring actual performance of duty during not less than 1/2 of a normal work period, as established by the Director in cooperation with each department, except that persons elected by popular vote will be considered employees during the entire term for which they are elected regardless of hours devoted to the service of the State, and (3) except that "employee" does not include any person who is not eligible by reason of such person's employment to participate in one of the State retirement systems under Articles 2, 14, 15 (either the regular Article 15 system or the optional retirement program established under Section 15-158.2) or 18, or under paragraph (2), (3), or (5) of Section 16-106, of the Illinois Pension Code, but such term does include persons who are employed during the 6 month qualifying period under Article 14 of the Illinois Pension Code. Such term also includes any person who (1) after January 1, 1966, is receiving ordinary or accidental disability benefits under Articles 2, 14, 15 (including ordinary or accidental disability benefits under the optional retirement program established under Section 15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of the Illinois Pension Code, for disability incurred after January 1, 1966, (2) receives total permanent or total temporary disability under the Workers' Compensation Act or Occupational Disease Act as a result of injuries sustained or illness contracted in the course of employment with the State of Illinois, or (3) is not otherwise covered under this Act and has retired as a participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code. However, a person who satisfies the criteria of the foregoing definition of "employee" except that such person is made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code is also an "employee" for the purposes of this Act. "Employee" also includes any person receiving or eligible for benefits under a sick pay plan established in accordance with Section 36 of the State Finance Act. "Employee" also includes each officer or employee in the service of a qualified local government, including persons appointed as trustees of sanitary districts regardless of hours devoted to the service of the sanitary district, and each employee in the service of a qualified rehabilitation facility and each full-time employee in the service of a qualified domestic violence shelter or service, as determined according to rules promulgated by the Director. (l) "Member" means an employee, annuitant, retired employee or survivor. (m) "Optional coverages or benefits" means those coverages or benefits available to the member on his or her voluntary election, and at his or her own expense. (n) "Program" means the group life insurance, health benefits and other employee benefits designed and contracted for by the
HOUSE OF REPRESENTATIVES 6013 Director under this Act. (o) "Health plan" means a self-insured health insurance program offered by the State of Illinois for the purposes of benefiting employees by means of providing, among others, wellness programs, utilization reviews, second opinions and medical fee reviews, as well as for paying for hospital and medical care up to the maximum coverage provided by the plan, to its members and their dependents. (p) "Retired employee" means any person who would be an annuitant as that term is defined herein but for the fact that such person retired prior to January 1, 1966. Such term also includes any person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant but for the fact that such person was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code. (p-6) "New SURS retired employee" means a person who, on or after January 1, 1998, becomes a retired employee, as defined in subsection (p), by virtue of being a person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant but for the fact that he or she was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code, and who is eligible to participate in the basic program of group health benefits provided for retired employees under this Act. (q) "Survivor" means a person receiving an annuity as a survivor of an employee or of an annuitant. "Survivor" also includes: (1) the surviving dependent of a person who satisfies the definition of "employee" except that such person is made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code; and (2) the surviving dependent of any person formerly employed by the University of Illinois in the Cooperative Extension Service who would be an annuitant except for the fact that such person was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code. (q-5) "New SERS survivor" means a survivor, as defined in subsection (q), whose annuity is paid under Article 14 of the Illinois Pension Code and is based on the death of (i) an employee whose death occurs on or after January 1, 1998, or (ii) a new SERS annuitant as defined in subsection (b-5). (q-6) "New SURS survivor" means a survivor, as defined in subsection (q), whose annuity is paid under Article 15 of the Illinois Pension Code and is based on the death of (i) an employee whose death occurs on or after January 1, 1998, (ii) a new SURS annuitant as defined in subsection (b-6), or (iii) a new SURS retired employee as defined in subsection (p-6). (q-7) "New TRS State survivor" means a survivor, as defined in subsection (q), whose annuity is paid under Article 16 of the Illinois Pension Code and is based on the death of (i) an employee who is a teacher as defined in paragraph (2), (3), or (5) of Section 16-106 of that Code and whose death occurs on or after July 1, 1998, or (ii) a new TRS State annuitant as defined in subsection (b-7). (r) "Medical services" means the services provided within the scope of their licenses by practitioners in all categories licensed under the Medical Practice Act of 1987. (s) "Unit of local government" means any county, municipality, township, school district, special district or other unit, designated as a unit of local government by law, which exercises limited governmental powers or powers in respect to limited governmental subjects, any not-for-profit association with a membership that
6014 JOURNAL OF THE [May 26, 1999] primarily includes townships and township officials, that has duties that include provision of research service, dissemination of information, and other acts for the purpose of improving township government, and that is funded wholly or partly in accordance with Section 85-15 of the Township Code; any not-for-profit corporation or association, with a membership consisting primarily of municipalities, that operates its own utility system, and provides research, training, dissemination of information, or other acts to promote cooperation between and among municipalities that provide utility services and for the advancement of the goals and purposes of its membership; the Southern Illinois Collegiate Common Market, which is a consortium of higher education institutions in Southern Illinois; and the Illinois Association of Park Districts. "Qualified local government" means a unit of local government approved by the Director and participating in a program created under subsection (i) of Section 10 of this Act. (t) "Qualified rehabilitation facility" means any not-for-profit organization that is accredited by the Commission on Accreditation of Rehabilitation Facilities or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) to provide services to persons with disabilities and which receives funds from the State of Illinois for providing those services, approved by the Director and participating in a program created under subsection (j) of Section 10 of this Act. (u) "Qualified domestic violence shelter or service" means any Illinois domestic violence shelter or service and its administrative offices funded by the Department of Human Services (as successor to the Illinois Department of Public Aid), approved by the Director and participating in a program created under subsection (k) of Section 10. (v) "TRS benefit recipient" means a person who: (1) is not a "member" as defined in this Section; and (2) is receiving a monthly benefit or retirement annuity under Article 16 of the Illinois Pension Code; and (3) either (i) has at least 8 years of creditable service under Article 16 of the Illinois Pension Code, or (ii) was enrolled in the health insurance program offered under that Article on January 1, 1996, or (iii) is the survivor of a benefit recipient who had at least 8 years of creditable service under Article 16 of the Illinois Pension Code or was enrolled in the health insurance program offered under that Article on the effective date of this amendatory Act of 1995, or (iv) is a recipient or survivor of a recipient of a disability benefit under Article 16 of the Illinois Pension Code. (w) "TRS dependent beneficiary" means a person who: (1) is not a "member" or "dependent" as defined in this Section; and (2) is a TRS benefit recipient's: (A) spouse, (B) dependent parent who is receiving at least half of his or her support from the TRS benefit recipient, or (C) unmarried natural or adopted child who is (i) under age 19, or (ii) enrolled as a full-time student in an accredited school, financially dependent upon the TRS benefit recipient, eligible as a dependent for Illinois State income tax purposes, and either is under age 24 or was, on January 1, 1996, participating as a dependent beneficiary in the health insurance program offered under Article 16 of the Illinois Pension Code, or (iii) age 19 or over who is mentally or physically handicapped as defined in the Illinois Insurance Code. (x) "Military leave with pay and benefits" refers to individuals in basic training for reserves, special/advanced training, annual training, emergency call up, or activation by the President of the
HOUSE OF REPRESENTATIVES 6015 United States with approved pay and benefits. (y) "Military leave without pay and benefits" refers to individuals who enlist for active duty in a regular component of the U.S. Armed Forces or other duty not specified or authorized under military leave with pay and benefits. (z) "Community college benefit recipient" means a person who: (1) is not a "member" as defined in this Section; and (2) is receiving a monthly survivor's annuity or retirement annuity under Article 15 of the Illinois Pension Code; and (3) either (i) was a full-time employee of a community college district or an association of community college boards created under the Public Community College Act (other than an employee whose last employer under Article 15 of the Illinois Pension Code was a community college district subject to Article VII of the Public Community College Act) and was eligible to participate in a group health benefit plan as an employee during the time of employment with a community college district (other than a community college district subject to Article VII of the Public Community College Act) or an association of community college boards, or (ii) is the survivor of a person described in item (i). (aa) "Community college dependent beneficiary" means a person who: (1) is not a "member" or "dependent" as defined in this Section; and (2) is a community college benefit recipient's: (A) spouse, (B) dependent parent who is receiving at least half of his or her support from the community college benefit recipient, or (C) unmarried natural or adopted child who is (i) under age 19, or (ii) enrolled as a full-time student in an accredited school, financially dependent upon the community college benefit recipient, eligible as a dependent for Illinois State income tax purposes and under age 23, or (iii) age 19 or over and mentally or physically handicapped as defined in the Illinois Insurance Code. (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628, eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98.) (5 ILCS 375/6.12 new) Sec. 6.12. Managed Care Reform and Patient Rights Act. The program of health benefits is subject to the provisions of the Managed Care Reform and Patient Rights Act, except the fee for service program shall only be required to comply with Section 85 and the definition of "emergency medical condition" in Section 10 of the Managed Care Reform and Patient Rights Act. (5 ILCS 375/10) (from Ch. 127, par. 530) Sec. 10. Payments by State; premiums. (a) The State shall pay the cost of basic non-contributory group life insurance and, subject to member paid contributions set by the Department or required by this Section, the basic program of group health benefits on each eligible member, except a member, not otherwise covered by this Act, who has retired as a participating member under Article 2 of the Illinois Pension Code but is ineligible for the retirement annuity under Section 2-119 of the Illinois Pension Code, and part of each eligible member's and retired member's premiums for health insurance coverage for enrolled dependents as provided by Section 9. The State shall pay the cost of the basic program of group health benefits only after benefits are reduced by the amount of benefits covered by Medicare for all retired members
6016 JOURNAL OF THE [May 26, 1999] and retired dependents aged 65 years or older who are entitled to benefits under Social Security or the Railroad Retirement system or who had sufficient Medicare-covered government employment except that such reduction in benefits shall apply only to those retired members or retired dependents who (1) first become eligible for such Medicare coverage on or after July 1, 1992; or (2) remain eligible for, but no longer receive Medicare coverage which they had been receiving on or after July 1, 1992. The Department may determine the aggregate level of the State's contribution on the basis of actual cost of medical services adjusted for age, sex or geographic or other demographic characteristics which affect the costs of such programs. The cost of participation in the basic program of group health benefits for the dependent or survivor of a living or deceased retired employee who was formerly employed by the University of Illinois in the Cooperative Extension Service and would be an annuitant but for the fact that he or she was made ineligible to participate in the State Universities Retirement System by clause (4) of subsection (a) of Section 15-107 of the Illinois Pension Code shall not be greater than the cost of participation that would otherwise apply to that dependent or survivor if he or she were the dependent or survivor of an annuitant under the State Universities Retirement System. (a-1) Beginning January 1, 1998, for each person who becomes a new SERS annuitant and participates in the basic program of group health benefits, the State shall contribute toward the cost of the annuitant's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year of creditable service upon which the annuitant's retirement annuity is based, up to a maximum of 100% for an annuitant with 20 or more years of creditable service. The remainder of the cost of a new SERS annuitant's coverage under the basic program of group health benefits shall be the responsibility of the annuitant. (a-2) Beginning January 1, 1998, for each person who becomes a new SERS survivor and participates in the basic program of group health benefits, the State shall contribute toward the cost of the survivor's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year of the deceased employee's or deceased annuitant's creditable service in the State Employees' Retirement System of Illinois on the date of death, up to a maximum of 100% for a survivor of an employee or annuitant with 20 or more years of creditable service. The remainder of the cost of the new SERS survivor's coverage under the basic program of group health benefits shall be the responsibility of the survivor. (a-3) Beginning January 1, 1998, for each person who becomes a new SURS annuitant and participates in the basic program of group health benefits, the State shall contribute toward the cost of the annuitant's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year of creditable service upon which the annuitant's retirement annuity is based, up to a maximum of 100% for an annuitant with 20 or more years of creditable service. The remainder of the cost of a new SURS annuitant's coverage under the basic program of group health benefits shall be the responsibility of the annuitant. (a-4) Beginning January 1, 1998, for each person who becomes a new SURS retired employee and participates in the basic program of group health benefits, the State shall contribute toward the cost of the retired employee's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year that the retired employee was an employee as defined in Section 3, up to a maximum of 100% for a retired employee who was an employee for 20 or more years. The remainder of the cost of a new SURS retired
HOUSE OF REPRESENTATIVES 6017 employee's coverage under the basic program of group health benefits shall be the responsibility of the retired employee. (a-5) Beginning January 1, 1998, for each person who becomes a new SURS survivor and participates in the basic program of group health benefits, the State shall contribute toward the cost of the survivor's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year of the deceased employee's or deceased annuitant's creditable service in the State Universities Retirement System on the date of death, up to a maximum of 100% for a survivor of an employee or annuitant with 20 or more years of creditable service. The remainder of the cost of the new SURS survivor's coverage under the basic program of group health benefits shall be the responsibility of the survivor. (a-6) Beginning July 1, 1998, for each person who becomes a new TRS State annuitant and participates in the basic program of group health benefits, the State shall contribute toward the cost of the annuitant's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year of creditable service as a teacher as defined in paragraph (2), (3), or (5) of Section 16-106 of the Illinois Pension Code upon which the annuitant's retirement annuity is based, up to a maximum of 100% for an annuitant with 20 or more years of such creditable service. The remainder of the cost of a new TRS State annuitant's coverage under the basic program of group health benefits shall be the responsibility of the annuitant. (a-7) Beginning July 1, 1998, for each person who becomes a new TRS State survivor and participates in the basic program of group health benefits, the State shall contribute toward the cost of the survivor's coverage under the basic program of group health benefits an amount equal to 5% of that cost for each full year of the deceased employee's or deceased annuitant's creditable service as a teacher as defined in paragraph (2), (3), or (5) of Section 16-106 of the Illinois Pension Code on the date of death, up to a maximum of 100% for a survivor of an employee or annuitant with 20 or more years of such creditable service. The remainder of the cost of the new TRS State survivor's coverage under the basic program of group health benefits shall be the responsibility of the survivor. (a-8) A new SERS annuitant, new SERS survivor, new SURS annuitant, new SURS retired employee, new SURS survivor, new TRS State annuitant, or new TRS State survivor may waive or terminate coverage in the program of group health benefits. Any such annuitant, survivor, or retired employee who has waived or terminated coverage may enroll or re-enroll in the program of group health benefits only during the annual benefit choice period, as determined by the Director; except that in the event of termination of coverage due to nonpayment of premiums, the annuitant, survivor, or retired employee may not re-enroll in the program. (a-9) No later than May 1 of each calendar year, the Director of Central Management Services shall certify in writing to the Executive Secretary of the State Employees' Retirement System of Illinois the amounts of the Medicare supplement health care premiums and the amounts of the health care premiums for all other retirees who are not Medicare eligible. A separate calculation of the premiums based upon the actual cost of each health care plan shall be so certified. The Director of Central Management Services shall provide to the Executive Secretary of the State Employees' Retirement System of Illinois such information, statistics, and other data as he or she may require to review the premium amounts certified by the Director of Central Management Services. (b) State employees who become eligible for this program on or
6018 JOURNAL OF THE [May 26, 1999] after January 1, 1980 in positions normally requiring actual performance of duty not less than 1/2 of a normal work period but not equal to that of a normal work period, shall be given the option of participating in the available program. If the employee elects coverage, the State shall contribute on behalf of such employee to the cost of the employee's benefit and any applicable dependent supplement, that sum which bears the same percentage as that percentage of time the employee regularly works when compared to normal work period. (c) The basic non-contributory coverage from the basic program of group health benefits shall be continued for each employee not in pay status or on active service by reason of (1) leave of absence due to illness or injury, (2) authorized educational leave of absence or sabbatical leave, or (3) military leave with pay and benefits. This coverage shall continue until expiration of authorized leave and return to active service, but not to exceed 24 months for leaves under item (1) or (2). This 24-month limitation and the requirement of returning to active service shall not apply to persons receiving ordinary or accidental disability benefits or retirement benefits through the appropriate State retirement system or benefits under the Workers' Compensation or Occupational Disease Act. (d) The basic group life insurance coverage shall continue, with full State contribution, where such person is (1) absent from active service by reason of disability arising from any cause other than self-inflicted, (2) on authorized educational leave of absence or sabbatical leave, or (3) on military leave with pay and benefits. (e) Where the person is in non-pay status for a period in excess of 30 days or on leave of absence, other than by reason of disability, educational or sabbatical leave, or military leave with pay and benefits, such person may continue coverage only by making personal payment equal to the amount normally contributed by the State on such person's behalf. Such payments and coverage may be continued: (1) until such time as the person returns to a status eligible for coverage at State expense, but not to exceed 24 months, (2) until such person's employment or annuitant status with the State is terminated, or (3) for a maximum period of 4 years for members on military leave with pay and benefits and military leave without pay and benefits (exclusive of any additional service imposed pursuant to law). (f) The Department shall establish by rule the extent to which other employee benefits will continue for persons in non-pay status or who are not in active service. (g) The State shall not pay the cost of the basic non-contributory group life insurance, program of health benefits and other employee benefits for members who are survivors as defined by paragraphs (1) and (2) of subsection (q) of Section 3 of this Act. The costs of benefits for these survivors shall be paid by the survivors or by the University of Illinois Cooperative Extension Service, or any combination thereof. However, the State shall pay the amount of the reduction in the cost of participation, if any, resulting from the amendment to subsection (a) made by this amendatory Act of the 91st General Assembly. (h) Those persons occupying positions with any department as a result of emergency appointments pursuant to Section 8b.8 of the Personnel Code who are not considered employees under this Act shall be given the option of participating in the programs of group life insurance, health benefits and other employee benefits. Such persons electing coverage may participate only by making payment equal to the amount normally contributed by the State for similarly situated employees. Such amounts shall be determined by the Director. Such payments and coverage may be continued until such time as the person
HOUSE OF REPRESENTATIVES 6019 becomes an employee pursuant to this Act or such person's appointment is terminated. (i) Any unit of local government within the State of Illinois may apply to the Director to have its employees, annuitants, and their dependents provided group health coverage under this Act on a non-insured basis. To participate, a unit of local government must agree to enroll all of its employees, who may select coverage under either the State group health insurance plan or a health maintenance organization that has contracted with the State to be available as a health care provider for employees as defined in this Act. A unit of local government must remit the entire cost of providing coverage under the State group health insurance plan or, for coverage under a health maintenance organization, an amount determined by the Director based on an analysis of the sex, age, geographic location, or other relevant demographic variables for its employees, except that the unit of local government shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the unit of local government attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan, and (2) at least 85% of the employees are enrolled and the unit of local government remits the entire cost of providing coverage to those employees. Employees of a participating unit of local government who are not enrolled due to coverage under another group health policy or plan may enroll at a later date subject to submission of satisfactory evidence of insurability and provided that no benefits shall be payable for services incurred during the first 6 months of coverage to the extent the services are in connection with any pre-existing condition. A participating unit of local government may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with the costs paid by the unit of local government, its employees, or some combination of the two as determined by the unit of local government. The unit of local government shall be responsible for timely collection and transmission of dependent premiums. The Director shall annually determine monthly rates of payment, subject to the following constraints: (1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages, or contributed by the State for basic insurance coverages on behalf of its employees, adjusted for differences between State employees and employees of the local government in age, sex, geographic location or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the unit of local government and their dependents. (2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the unit of local government. In the case of coverage of local government employees under a health maintenance organization, the Director shall annually determine for each participating unit of local government the maximum monthly amount the unit may contribute toward that coverage, based on an analysis of (i) the age, sex, geographic location, and other relevant demographic variables of the unit's employees and (ii) the cost to cover those employees under the State group health insurance plan. The Director may similarly determine the maximum monthly amount each unit of local government may contribute toward coverage of its employees' dependents under a health maintenance organization.
6020 JOURNAL OF THE [May 26, 1999] Monthly payments by the unit of local government or its employees for group health insurance or health maintenance organization coverage shall be deposited in the Local Government Health Insurance Reserve Fund. The Local Government Health Insurance Reserve Fund shall be a continuing fund not subject to fiscal year limitations. All expenditures from this fund shall be used for payments for health care benefits for local government and rehabilitation facility employees, annuitants, and dependents, and to reimburse the Department or its administrative service organization for all expenses incurred in the administration of benefits. No other State funds may be used for these purposes. A local government employer's participation or desire to participate in a program created under this subsection shall not limit that employer's duty to bargain with the representative of any collective bargaining unit of its employees. (j) Any rehabilitation facility within the State of Illinois may apply to the Director to have its employees, annuitants, and their dependents provided group health coverage under this Act on a non-insured basis. To participate, a rehabilitation facility must agree to enroll all of its employees and remit the entire cost of providing such coverage for its employees, except that the rehabilitation facility shall not be required to enroll those of its employees who are covered spouses or dependents under this plan or another group policy or plan providing health benefits as long as (1) an appropriate official from the rehabilitation facility attests that each employee not enrolled is a covered spouse or dependent under this plan or another group policy or plan, and (2) at least 85% of the employees are enrolled and the rehabilitation facility remits the entire cost of providing coverage to those employees. Employees of a participating rehabilitation facility who are not enrolled due to coverage under another group health policy or plan may enroll at a later date subject to submission of satisfactory evidence of insurability and provided that no benefits shall be payable for services incurred during the first 6 months of coverage to the extent the services are in connection with any pre-existing condition. A participating rehabilitation facility may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with the costs paid by the rehabilitation facility, its employees, or some combination of the 2 as determined by the rehabilitation facility. The rehabilitation facility shall be responsible for timely collection and transmission of dependent premiums. The Director shall annually determine quarterly rates of payment, subject to the following constraints: (1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages on behalf of its employees, adjusted for differences between State employees and employees of the rehabilitation facility in age, sex, geographic location or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the rehabilitation facility and their dependents. (2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the rehabilitation facility. Monthly payments by the rehabilitation facility or its employees for group health insurance shall be deposited in the Local Government Health Insurance Reserve Fund. (k) Any domestic violence shelter or service within the State of Illinois may apply to the Director to have its employees, annuitants, and their dependents provided group health coverage under this Act on
HOUSE OF REPRESENTATIVES 6021 a non-insured basis. To participate, a domestic violence shelter or service must agree to enroll all of its employees and pay the entire cost of providing such coverage for its employees. A participating domestic violence shelter may also elect to cover its annuitants. Dependent coverage shall be offered on an optional basis, with employees, or some combination of the 2 as determined by the domestic violence shelter or service. The domestic violence shelter or service shall be responsible for timely collection and transmission of dependent premiums. The Director shall annually determine quarterly rates of payment, subject to the following constraints: (1) In the first year of coverage, the rates shall be equal to the amount normally charged to State employees for elected optional coverages or for enrolled dependents coverages or other contributory coverages on behalf of its employees, adjusted for differences between State employees and employees of the domestic violence shelter or service in age, sex, geographic location or other relevant demographic variables, plus an amount sufficient to pay for the additional administrative costs of providing coverage to employees of the domestic violence shelter or service and their dependents. (2) In subsequent years, a further adjustment shall be made to reflect the actual prior years' claims experience of the employees of the domestic violence shelter or service. (3) In no case shall the rate be less than the amount normally charged to State employees or contributed by the State on behalf of its employees. Monthly payments by the domestic violence shelter or service or its employees for group health insurance shall be deposited in the Local Government Health Insurance Reserve Fund. (l) A public community college or entity organized pursuant to the Public Community College Act may apply to the Director initially to have only annuitants not covered prior to July 1, 1992 by the district's health plan provided health coverage under this Act on a non-insured basis. The community college must execute a 2-year contract to participate in the Local Government Health Plan. Those annuitants enrolled initially under this contract shall have no benefits payable for services incurred during the first 6 months of coverage to the extent the services are in connection with any pre-existing condition. Any annuitant who may enroll after this initial enrollment period shall be subject to submission of satisfactory evidence of insurability and to the pre-existing conditions limitation. The Director shall annually determine monthly rates of payment subject to the following constraints: for those community colleges with annuitants only enrolled, first year rates shall be equal to the average cost to cover claims for a State member adjusted for demographics, Medicare participation, and other factors; and in the second year, a further adjustment of rates shall be made to reflect the actual first year's claims experience of the covered annuitants. (m) The Director shall adopt any rules deemed necessary for implementation of this amendatory Act of 1989 (Public Act 86-978). (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95; 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff. 7-7-97; 90-582, eff. 5-27-98; 90-655, eff. 7-30-98; revised 8-3-98.) Section 205. 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
6022 JOURNAL OF THE [May 26, 1999] 91st General Assembly. Section 210. The Counties Code is amended by adding Section 5-1069.8 as follows: (55 ILCS 5/5-1069.8 new) Sec. 5-1069.8. Managed Care Reform and Patient Rights Act. All counties, including home rule counties, are subject to the provisions of the Managed Care Reform and Patient Rights Act. The requirement under this Section that health care benefits provided by counties comply with the Managed Care Reform and Patient Rights Act is an exclusive power and function of the State and is a denial and limitation of home rule county powers under Article VII, Section 6, subsection (h) of the Illinois Constitution. Section 215. The Illinois Municipal Code is amended by adding Section 10-4-2.8 as follows: (65 ILCS 5/10-4-2.8 new) Sec. 10-4-2.8. Managed Care Reform and Patient Rights Act. The corporate authorities of all municipalities are subject to the provisions of the Managed Care Reform and Patient Rights Act. The requirement under this Section that health care benefits provided by municipalities comply with the Managed Care Reform and Patient Rights Act is an exclusive power and function of the State and is a denial and limitation of home rule municipality powers under Article VII, Section 6, subsection (h) of the Illinois Constitution. Section 220. The Illinois Insurance Code is amended by changing Section 370g and adding Sections 155.36, 370s, and 511.118 as follows: (215 ILCS 5/155.36 new) Sec. 155.36. Managed Care Reform and Patient Rights Act. Insurance companies that transact the kinds of insurance authorized under Class 1(b) or Class 2(a) of Section 4 of this Code shall comply with Section 85 and the definition of the term "emergency medical condition" in Section 10 of the Managed Care Reform and Patient Rights Act. (215 ILCS 5/370g) (from Ch. 73, par. 982g) Sec. 370g. Definitions. As used in this Article, the following definitions apply: (a) "Health care services" means health care services or products rendered or sold by a provider within the scope of the provider's license or legal authorization. The term includes, but is not limited to, hospital, medical, surgical, dental, vision and pharmaceutical services or products. (b) "Insurer" means an insurance company or a health service corporation authorized in this State to issue policies or subscriber contracts which reimburse for expenses of health care services. (c) "Insured" means an individual entitled to reimbursement for expenses of health care services under a policy or subscriber contract issued or administered by an insurer. (d) "Provider" means an individual or entity duly licensed or legally authorized to provide health care services. (e) "Noninstitutional provider" means any person licensed under the Medical Practice Act of 1987, as now or hereafter amended. (f) "Beneficiary" means an individual entitled to reimbursement for expenses of or the discount of provider fees for health care services under a program where the beneficiary has an incentive to utilize the services of a provider which has entered into an agreement or arrangement with an administrator. (g) "Administrator" means any person, partnership or corporation, other than an insurer or health maintenance organization holding a certificate of authority under the "Health Maintenance Organization Act", as now or hereafter amended, that arranges, contracts with, or administers contracts with a provider whereby
HOUSE OF REPRESENTATIVES 6023 beneficiaries are provided an incentive to use the services of such provider. (h) "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in: (1) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; (2) serious impairment to bodily functions; or (3) serious dysfunction of any bodily organ or part. "Emergency" means an accidental bodily injury or emergency medical condition which reasonably requires the beneficiary or insured to seek immediate medical care under circumstances or at locations which reasonably preclude the beneficiary or insured from obtaining needed medical care from a preferred provider. (Source: P.A. 88-400.) (215 ILCS 5/370s new) Sec. 370s. Managed Care Reform and Patient Rights Act. All administrators shall comply with Sections 55 and 85 of the Managed Care Reform and Patient Rights Act. (215 ILCS 5/511.118 new) Sec. 511.118. Managed Care Reform and Patient Rights Act. All administrators are subject to the provisions of Sections 55 and 85 of the Managed Care Reform and Patient Rights Act. Section 225. The Comprehensive Health Insurance Plan Act is amended by adding Section 8.6 as follows: (215 ILCS 105/8.6 new) Sec. 8.6. Managed Care Reform and Patient Rights Act. The plan is subject to the provisions of the Managed Care Reform and Patient Rights Act. Section 230. The Health Care Purchasing Group Act is amended by changing Sections 15 and 20 as follows: (215 ILCS 123/15) Sec. 15. Health care purchasing groups; membership; formation. (a) An HPG may be an organization formed by 2 or more employers with no more than 500 covered employees each 2,500 covered individuals, an HPG sponsor or a risk-bearer for purposes of contracting for health insurance under this Act to cover employees and dependents of HPG members. An HPG shall not be prevented from supplementing health insurance coverage purchased under this Act by contracting for services from entities licensed and authorized in Illinois to provide those services under the Dental Service Plan Act, the Limited Health Service Organization Act, or Voluntary Health Services Plans Act. An HPG may be a separate legal entity or simply a group of 2 or more employers with no more than 500 covered employees each 2,500 covered individuals aggregated under this Act by an HPG sponsor or risk-bearer for insurance purposes. There shall be no limit as to the number of HPGs that may operate in any geographic area of the State. No insurance risk may be borne or retained by the HPG. All health insurance contracts issued to the HPG must be delivered or issued for delivery in Illinois. (b) Members of an HPG must be Illinois domiciled employers, except that an employer domiciled elsewhere may become a member of an Illinois HPG for the sole purpose of insuring its employees whose place of employment is located within this State. HPG membership may include employers having no more than 500 covered employees each 2,500 covered individuals. (c) If an HPG is formed by any 2 or more employers with no more than 500 covered employees each 2,500 covered individuals, it is
6024 JOURNAL OF THE [May 26, 1999] authorized to negotiate, solicit, market, obtain proposals for, and enter into group or master health insurance contracts on behalf of its members and their employees and employee dependents so long as it meets all of the following requirements: (1) The HPG must be an organization having the legal capacity to contract and having its legal situs in Illinois. (2) The principal persons responsible for the conduct of the HPG must perform their HPG related functions in Illinois. (3) No HPG may collect premium in its name or hold or manage premium or claim fund accounts unless duly licensed and qualified as a managing general agent pursuant to Section 141a of the Illinois Insurance Code or a third party administrator pursuant to Section 511.105 of the Illinois Insurance Code. (4) If the HPG gives an offer, application, notice, or proposal of insurance to an employer, it must disclose to that employer the total cost of the insurance. Dues, fees, or charges to be paid to the HPG, HPG sponsor, or any other entity as a condition to purchasing the insurance must be itemized. The HPG shall also disclose to its members the amount of any dividends, experience refunds, or other such payments it receives from the risk-bearer. (5) An HPG must register with the Director before entering into a group or master health insurance contract on behalf of its members and must renew the registration annually on forms and at times prescribed by the Director in rules specifying, at minimum, (i) the identity of the officers and directors, trustees, or attorney-in-fact of the HPG; (ii) a certification that those persons have not been convicted of any felony offense involving a breach of fiduciary duty or improper manipulation of accounts; and (iii) the number of employer members then enrolled in the HPG, together with any other information that may be needed to carry out the purposes of this Act. (6) At the time of initial registration and each renewal thereof an HPG shall pay a fee of $100 to the Director. (d) If an HPG is formed by an HPG sponsor or risk-bearer and the HPG performs no marketing, negotiation, solicitation, or proposing of insurance to HPG members, exclusive of ministerial acts performed by individual employers to service their own employees, then a group or master health insurance contract may be issued in the name of the HPG and held by an HPG sponsor, risk-bearer, or designated employer member within the State. In these cases the HPG requirements specified in subsection (c) shall not be applicable, however: (1) the group or master health insurance contract must contain a provision permitting the contract to be enforced through legal action initiated by any employer member or by an employee of an HPG member who has paid premium for the coverage provided; (2) the group or master health insurance contract must be available for inspection and copying by any HPG member, employee, or insured dependent at a designated location within the State at all normal business hours; and (3) any information concerning HPG membership required by rule under item (5) of subsection (c) must be provided by the HPG sponsor in its registration and renewal forms or by the risk-bearer in its annual reports. (Source: P.A. 90-337, eff. 1-1-98; 90-655, eff. 7-30-98.) (215 ILCS 123/20) Sec. 20. HPG sponsors. Except as provided by Sections 15 and 25 of this Act, only a corporation authorized by the Secretary of State to transact business in Illinois may sponsor one or more HPGs with no more than 100,000 10,000 covered individuals by negotiating,
HOUSE OF REPRESENTATIVES 6025 soliciting, or servicing health insurance contracts for HPGs and their members. Such a corporation may assert and maintain authority to act as an HPG sponsor by complying with all of the following requirements: (1) The principal officers and directors responsible for the conduct of the HPG sponsor must perform their HPG sponsor related functions in Illinois. (2) No insurance risk may be borne or retained by the HPG sponsor; all health insurance contracts issued to HPGs through the HPG sponsor must be delivered in Illinois. (3) No HPG sponsor may collect premium in its name or hold or manage premium or claim fund accounts unless duly qualified and licensed as a managing general agent pursuant to Section 141a of the Illinois Insurance Code or as a third party administrator pursuant to Section 511.105 of the Illinois Insurance Code. (4) If the HPG gives an offer, application, notice, or proposal of insurance to an employer, it must disclose the total cost of the insurance. Dues, fees, or charges to be paid to the HPG, HPG sponsor, or any other entity as a condition to purchasing the insurance must be itemized. The HPG shall also disclose to its members the amount of any dividends, experience refunds, or other such payments it receives from the risk-bearer. (5) An HPG sponsor must register with the Director before negotiating or soliciting any group or master health insurance contract for any HPG and must renew the registration annually on forms and at times prescribed by the Director in rules specifying, at minimum, (i) the identity of the officers and directors of the HPG sponsor corporation; (ii) a certification that those persons have not been convicted of any felony offense involving a breach of fiduciary duty or improper manipulation of accounts; (iii) the number of employer members then enrolled in each HPG sponsored; (iv) the date on which each HPG was issued a group or master health insurance contract, if any; and (v) the date on which each such contract, if any, was terminated. (6) At the time of initial registration and each renewal thereof an HPG sponsor shall pay a fee of $100 to the Director. (Source: P.A. 90-337, eff. 1-1-98.) Section 235. The Health Maintenance Organization Act is amended by changing Sections 2-2 and 6-7 and adding Section 5-3.6 as follows: (215 ILCS 125/2-2) (from Ch. 111 1/2, par. 1404) Sec. 2-2. Determination by Director; Health Maintenance Advisory Board. (a) Upon receipt of an application for issuance of a certificate of authority, the Director shall transmit copies of such application and accompanying documents to the Director of the Illinois Department of Public Health. The Director of the Department of Public Health shall then determine whether the applicant for certificate of authority, with respect to health care services to be furnished: (1) has demonstrated the willingness and potential ability to assure that such health care service will be provided in a manner to insure both availability and accessibility of adequate personnel and facilities and in a manner enhancing availability, accessibility, and continuity of service; and (2) has arrangements, established in accordance with regulations promulgated by the Department of Public Health for an ongoing quality of health care assurance program concerning health care processes and outcomes. Upon investigation, the Director of the Department of Public Health shall certify to the Director whether the proposed Health Maintenance Organization meets the requirements of this subsection (a). If the Director of the Department of Public Health certifies that the Health Maintenance Organization does not meet such requirements, he shall specify in what respect it is
6026 JOURNAL OF THE [May 26, 1999] deficient. There is created in the Department of Public Health a Health Maintenance Advisory Board composed of 11 members. Nine 9 members shall who have practiced in the health field, 4 of which shall have been or are currently affiliated with a Health Maintenance Organization. Two of the members shall be members of the general public, one of whom is over 50 years of age. Each member shall be appointed by the Director of the Department of Public Health and serve at the pleasure of that Director and shall receive no compensation for services rendered other than reimbursement for expenses. Six Five members of the Board shall constitute a quorum. A vacancy in the membership of the Advisory Board shall not impair the right of a quorum to exercise all rights and perform all duties of the Board. The Health Maintenance Advisory Board has the power to review and comment on proposed rules and regulations to be promulgated by the Director of the Department of Public Health within 30 days after those proposed rules and regulations have been submitted to the Advisory Board. (b) Issuance of a certificate of authority shall be granted if the following conditions are met: (1) the requirements of subsection (c) of Section 2-1 have been fulfilled; (2) the persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, and possess good reputations, and have had appropriate experience, training or education; (3) the Director of the Department of Public Health certifies that the Health Maintenance Organization's proposed plan of operation meets the requirements of this Act; (4) the Health Care Plan furnishes basic health care services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for co-payments or deductibles as authorized by this Act; (5) the Health Maintenance Organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees; in making this determination, the Director shall consider: (A) the financial soundness of the applicant's arrangements for health services and the minimum standard rates, co-payments and other patient charges used in connection therewith; (B) the adequacy of working capital, other sources of funding, and provisions for contingencies; and (C) that no certificate of authority shall be issued if the initial minimum net worth of the applicant is less than $2,000,000. The initial net worth shall be provided in cash and securities in combination and form acceptable to the Director; (6) the agreements with providers for the provision of health services contain the provisions required by Section 2-8 of this Act; and (7) any deficiencies identified by the Director have been corrected. (Source: P.A. 86-620; 86-1475.) (215 ILCS 125/5-3.6 new) Sec. 5-3.6. Managed Care Reform and Patient Rights Act. Health maintenance organizations are subject to the provisions of the Managed Care Reform and Patient Rights Act. (215 ILCS 125/6-7) (from Ch. 111 1/2, par. 1418.7) Sec. 6-7. Board of Directors. The board of directors of the Association consists of not less than 7 5 nor more than 11 9 members
HOUSE OF REPRESENTATIVES 6027 serving terms as established in the plan of operation. The members of the board are to be selected by member organizations subject to the approval of the Director, except the Director shall name 2 members who are current enrollees, one of whom is over 50 years of age. Vacancies on the board must be filled for the remaining period of the term in the manner described in the plan of operation. To select the initial board of directors, and initially organize the Association, the Director must give notice to all member organizations of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member organization is entitled to one vote in person or by proxy. If the board of directors is not selected at the organizational meeting, the Director may appoint the initial members. In approving selections or in appointing members to the board, the Director must consider, whether all member organizations are fairly represented. Members of the board may be reimbursed from the assets of the Association for expenses incurred by them as members of the board of directors but members of the board may not otherwise be compensated by the Association for their services. (Source: P.A. 85-20.) Section 240. The Limited Health Service Organization Act is amended by adding Section 4002.6 as follows: (215 ILCS 130/4002.6 new) Sec. 4002.6. Managed Care Reform and Patient Rights Act. Except for health care plans offering only dental services or only vision services, limited health service organizations are subject to the provisions of the Managed Care Reform and Patient Rights Act. Section 245. The Voluntary Health Services Plans Act is amended by adding Section 15.30 as follows: (215 ILCS 165/15.30 new) Sec. 15.30. Managed Care Reform and Patient Rights Act. A health service plan corporation is subject to the provisions of the Managed Care Reform and Patient Rights Act. Section 250. The Illinois Public Aid Code is amended by adding Section 5-16.12 as follows: (305 ILCS 5/5-16.12 new) Sec. 5-16.12. Managed Care Reform and Patient Rights Act. The medical assistance program and other programs administered by the Department are subject to the provisions of the Managed Care Reform and Patient Rights Act. The Department may adopt rules to implement those provisions. These rules shall require compliance with that Act in the medical assistance managed care programs and other programs administered by the Department. The medical assistance fee-for-service program is not subject to the provisions of the Managed Care Reform and Patient Rights Act. Nothing in the Managed Care Reform and Patient Rights Act shall be construed to mean that the Department is a health care plan as defined in that Act simply because the Department enters into contractual relationships with health care plans. Section 299. Effective date. This Section and Section 200 of this Act take effect upon becoming law; Sections 25 and 85 take effect July 1, 2000; and the remaining Sections of this Act take effect January 1, 2000.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was again advanced to the order of Third Reading.
6028 JOURNAL OF THE [May 26, 1999] 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 Mautino, SENATE BILL 251 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 18) 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. RECESS At the hour of 7:00 o'clock p.m., Representative Hartke moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 7:36 o'clock p.m., the House resumed its session. Representative Hartke in the Chair. 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 Murphy, SENATE BILL 55 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) 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. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 4 was distributed to the Members at 7:40 o'clock p.m. 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 Smith, SENATE BILL 856 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 20)
HOUSE OF REPRESENTATIVES 6029 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. RESOLUTION The following resolution was offered and placed in the Committee on Rules. HOUSE RESOLUTION 376 Offered by Representative Younge: WHEREAS, It is the educational and economic policy of the State of Illinois to move regions, local areas, and local institutions toward self-reliance, local initiative, and local control; and WHEREAS, It is further the policy of this State that education is locally initiated and locally controlled; and WHEREAS, The former State Community College was formed as an experimental college to meet the educational needs of Alorton, Brooklyn, Centreville, East St. Louis, Fairmount City, and Washington Park, Illinois; and WHEREAS, State Community College was abolished on July 1, 1996, and was replaced on that date with a new permanent Class I community college district that was established by a majority vote of the taxpayers of Community College District 541; and WHEREAS, The Illinois statute authorizing the establishment of a permanent Class I community college required the Illinois Community College Board to transfer the land and buildings that made up State Community College to a locally elected Board of Trustees; and WHEREAS, The statute authorizing the establishment of a permanent community college district required taxpayers to pay real estate taxes to support the new community college district; and WHEREAS, The taxpayers paid the required taxes during the year Metropolitan Community College was in existence; and WHEREAS, The Illinois Community College Board abolished the Metropolitan Community College District on October 16, 1998, effective January 1, 1999; and WHEREAS, The General Assembly had created a district consisting of Alorton, Centreville, Washington Park, Brooklyn, East St. Louis, and Fairmount City; and WHEREAS, The Illinois Community College Board dissolved the local community college district without the vote of the citizens or their elected representatives, on January 1, 1999; and WHEREAS, The Speaker of the House, Michael J. Madigan, has appointed a special task force to study the issue of the creation of a New Community College District in the geographic area of Community College District 541; and WHEREAS, Southern Illinois University wishes to locate its programs and facilities and build classroom space at the former Metropolitan Community College site; and WHEREAS, There is pending in the appellate court a lawsuit challenging the actions of the Illinois Community College Board and the constitutionality of the statutes; and WHEREAS, The leadership of the communities making up the geographic area of Community College District 541 presented the Illinois Community College Board executive director with a proposal to reestablish a comprehensive community college district; and WHEREAS, Discussions are going on in reference to a relationship between Southern Illinois University, the community, and a new
6030 JOURNAL OF THE [May 26, 1999] community college district; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we encourage continuing discussion between the General Assembly, the Illinois Community College Board, the Board of Higher Education, and the communities making up the geographic areas of the former Community College District 541 with the goal of planning to establish a community college district; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Illinois Community College Board and the Board of Higher Education. SENATE BILLS ON SECOND READING SENATE BILL 1103. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Personnel & Pensions, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1103 AMENDMENT NO. 1. Amend Senate Bill 1103 by replacing the title with the following: "AN ACT to amend the Illinois Pension Code."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 1-113.5, 2-110, 2-117, and 7-139.1 as follows: (40 ILCS 5/1-113.5) Sec. 1-113.5. Investment advisers and investment services. (a) The board of trustees of a pension fund may appoint investment advisers as defined in Section 1-101.4. The board of any pension fund investing in common or preferred stock under Section 1-113.4 shall appoint an investment adviser before making such investments. The investment adviser shall be a fiduciary, as defined in Section 1-101.2, with respect to the pension fund and shall be one of the following: (1) an investment adviser registered under the federal Investment Advisers Act of 1940 who meets any applicable requirements of the Illinois Securities Law of 1953 or is registered under and the Illinois Securities Law of 1953; (2) a bank or trust company authorized to conduct a trust business in Illinois; (3) a life insurance company authorized to transact business in Illinois; or (4) an investment company as defined and registered under the federal Investment Company Act of 1940 and registered under the Illinois Securities Law of 1953. (b) All investment advice and services provided by an investment adviser appointed under this Section shall be rendered pursuant to a written contract between the investment adviser and the board, and in accordance with the board's investment policy. The contract shall include all of the following: (1) acknowledgement in writing by the investment adviser that he or she is a fiduciary with respect to the pension fund; (2) the board's investment policy; (3) full disclosure of direct and indirect fees, commissions, penalties, and any other compensation that may be received by the investment adviser, including reimbursement for expenses; and
HOUSE OF REPRESENTATIVES 6031 (4) a requirement that the investment adviser submit periodic written reports, on at least a quarterly basis, for the board's review at its regularly scheduled meetings. All returns on investment shall be reported as net returns after payment of all fees, commissions, and any other compensation. (c) Within 30 days after appointing an investment adviser, the board shall submit a copy of the contract to the Department of Insurance. (d) Investment services provided by a person other than an investment adviser appointed under this Section, including but not limited to services provided by the kinds of persons listed in items (1) through (4) of subsection (a), shall be rendered only after full written disclosure of direct and indirect fees, commissions, penalties, and any other compensation that shall or may be received by the person rendering those services. (e) The board of trustees of each pension fund shall retain records of investment transactions in accordance with the rules of the Department of Insurance. (Source: P.A. 90-507, eff. 8-22-97.) (40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110) Sec. 2-110. Service. (A) "Service" means the period beginning on the day when a person first became a member, and ending on the date under consideration, excluding all intervening periods of nonmembership following resignation or expiration of any term of office. (B) "Service" includes: (a) Military service during war by a person who entered such service while a member, whether rendered before or after the expiration of any term of office; plus up to 2 years of military service that need not have immediately followed service as a member, and need not have been served during wartime, provided that the member makes contributions to the System for such service (1) at the rates provided in Section 2-126 based upon the member's rate of compensation on the last date as a participant prior to such military service, or on the first date as a participant after such military service, whichever is greater, plus (2) if payment is made on or after May 1, 1993, an amount determined by the Board to be equal to the employer's normal cost of the benefits accrued for such military service, plus (3) interest at the effective rate from the date of first membership in the System to the date of payment. The amendment to this subdivision (B)(a) made by this amendatory Act of 1993 shall apply to persons who are active contributors to the System on or after November 30, 1992. A person who was an active contributor to the System on November 30, 1992 but is no longer an active contributor may apply to purchase military credit under this subdivision (B)(a) within 60 days after the effective date of this amendatory Act of 1993; if the person is an annuitant, the resulting increase in annuity shall begin to accrue on the first day of the month following the month in which the required payment is received by the System. The change in the required contribution for purchased military credit made by this amendatory Act of 1993 shall not entitle any person to a refund of contributions already paid. (b) Service as a judge of a court of this State, but credit for such service is subject to the following conditions: (1) such person shall have been a member for at least 4 years and contributed to the system for service as a judge subsequent to July 8, 1947, at the rates herein provided, including interest at 2% per annum to the date of payment based on the salary in effect during such service; (2) the member was not an eligible member of
6032 JOURNAL OF THE [May 26, 1999] nor entitled to credit for such service in any other retirement system in the State maintained in whole or in part by public contributions; and (3) the last 4 years of service prior to retirement on annuity was rendered while a member. (c) Service as a participating employee under Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of the Illinois Pension Code. Credit for such service may be established by a member and, if permitted by the credit transfer Section of the appropriate Article, by a former member who is not yet an annuitant, and is subject to the following conditions: (1) that the credits accrued under the above mentioned Articles have been transferred to this system; and (2) that the member has contributed to this system an amount equal to (i) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (ii) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is being transferred, plus (iii) interest on items (i) and (ii) above at 6% per annum compounded annually, from the date of membership to the date of payment by the participant, less (iv) the amount transferred to this system on behalf of the participant on account of service rendered while a participant under the above mentioned Articles. (d) Service, before October 1, 1975, as an officer elected by the people of Illinois, for which creditable service is required to be transferred from the State Employees' Retirement System to this system by this amendatory Act of 1975. (e) Service rendered prior to January 1, 1964, as a justice of the peace or police magistrate or as a civil referee in the Municipal Court of Chicago, but credit for such service may not be granted until the member has paid to the system an amount equal to (1) the contribution rate for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus, (3) interest on (1) and (2) above at 6% per annum compounded annually from the date of membership to the date of payment by the member. However, a participant may not receive more than 6 years of credit for such service nor may any member receive credit under this paragraph for service for which credit has been granted in any other public pension fund or retirement system in the State. (f) Service before January 16, 1981, as an officer elected by the people of Illinois, for which creditable service is transferred from the State Employees' Retirement System to this system. (C) Service during any fraction of a month shall be considered as a month of service. Service includes the total period of time for which a participant is elected as a member or officer, even though he or she does not complete the term because of death, resignation, judicial
HOUSE OF REPRESENTATIVES 6033 decision, or operation of law, provided that the contributions required under this Article for such entire period of office have been made by or on behalf of the participant. In the case of a participant appointed or elected to fill a vacancy, service includes the total period from January 1 of the year in which his or her service commences to the end of the term in which the vacancy occurs, provided the participant contributes in the year of appointment an amount equal to the contributions that would have been required had the participant received salary for the entire year. The foregoing provisions relating to a participant appointed or elected to fill a vacancy shall not apply if the participant was a member of the other legislative chamber at the time of appointment or election. (D) Notwithstanding the other provisions of this Section, if application to transfer or establish service credit under paragraph (c) or (e) of subsection (B) of this Section is made between January 1, 1992 and February 1, 1993, or in the case of a participant who was serving as Attorney General on May 1, 1999, if application is made between the effective date of this amendatory Act of the 91st General Assembly and July 1, 2000, the contribution required for such credit shall be an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being granted, plus (2) interest thereon at 6% per annum compounded annually, from the date of membership to the date of payment by the member, less (3) any amount transferred to this system on behalf of the member on account of such service credit. The amendment to this subsection (D) made by this amendatory Act of the 91st General Assembly applies without regard to whether the applicant is in service on or after its effective date, so long as the applicant has not yet begun to receive a retirement annuity under this Article. The change in the required contribution made by this amendatory Act does not entitle any person to a refund of contributions already paid. (Source: P.A. 86-27; 86-1028; 87-794; 87-1265.) (40 ILCS 5/2-117) (from Ch. 108 1/2, par. 2-117) Sec. 2-117. Participants - Election not to participate. (a) Every person who was a member on November 1, 1947, or in military service on such date, is subject to the provisions of this system beginning upon such date, unless prior to such date he or she filed with the board a written notice of election not to participate. Every person who becomes a member after November 1, 1947, and who is then not a participant becomes a participant beginning upon the date of becoming a member unless, within 24 months from that date, he or she has filed with the board a written notice of election not to participate. (b) A member who has filed notice of an election not to participate (and a former member who has not yet begun to receive a retirement annuity under this Article) may become a participant with respect to the period for which the member elected not to participate upon filing with the board, before July 1, 2000 April 1, 1993, a written rescission of the election not to participate. Upon contributing an amount equal to the contributions he or she would have made as a participant from November 1, 1947, or the date of becoming a member, whichever is later, to the date of becoming a participant, with interest at the rate of 4% per annum until the contributions are paid, the participant shall receive credit for service as a member prior to the date of the rescission, both before and after November 1, 1947. The required contributions shall be made before commencement of the retirement annuity; otherwise no credit for service prior to the date of participation shall be granted.
6034 JOURNAL OF THE [May 26, 1999] (Source: P.A. 86-273; 87-1265.) (40 ILCS 5/7-139.1) (from Ch. 108 1/2, par. 7-139.1) Sec. 7-139.1. General Assembly transfers and credits. (a) Any active member of the General Assembly Retirement System (and until July 1, 2000 February 1, 1993, any former member of that System who has not yet retired) may apply for transfer of his credits and creditable service accumulated under this Fund to the General Assembly Retirement System. Also, any active member of the State Employees' Retirement System of Illinois who is an officer of the General Assembly may apply for a similar transfer from this Fund, provided that such member received credit under this Fund as an elected county officer. Such credits and creditable service shall be transferred forthwith. Payment by this Fund to the General Assembly Retirement System or the State Employees' Retirement System shall be made at the same time and shall consist of: (1) the amounts accumulated to the credit of the applicant, including interest, on the books of the Fund on the date of transfer, but excluding any additional or optional credits, which credits shall be refunded to the applicant; and (2) municipality credits computed and credited under Section 7-139, including interest, on the books of the Fund on the date the member terminated service under the Fund. Participation in this Fund as to any credits transferred under this Section shall terminate on the date of transfer. (b) An active member of the General Assembly Retirement System (and until July 1, 2000 February 1, 1993, any former member of that System who has not yet retired) who has service credits and creditable service under the Fund may establish additional service credits and creditable service for periods during which he was an elected official and could have elected to participate but did not so elect. Service credits and creditable service may be established by payment to the fund of an amount equal to the contributions he would have made if he had elected to participate, plus interest to the date of payment. The limitations in subparagraph (c) of Section 7-139 of this Article shall not apply to payments made under this Section. (c) An active member of the General Assembly Retirement System (and until July 1, 2000 February 1, 1993, any former member of that System who has not yet retired) may reinstate service and service credits terminated upon receipt of a separation benefit, by payment to the Fund of the amount of the separation benefit plus interest thereon to the date of payment. (Source: P.A. 87-794.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO SENATE BILL 1103 AMENDMENT NO. 2. Amend Senate Bill 1103, AS AMENDED, in the introductory portion of Section 5, by changing "and 7-139.1" to "7-139.1, and 7-145.1"; and in Section 5, by inserting after the end of Sec. 7-139.1 the following: "(40 ILCS 5/7-145.1) Sec. 7-145.1. Alternative annuity for county officers. (a) The benefits provided in this Section and Section 7-145.2 are available only if the county board has filed with the Board of the Fund a resolution or ordinance expressly consenting to the availability of these benefits for its elected county officers. The county board's consent is irrevocable with respect to persons participating in the program, but may be revoked at any time with respect to persons who have not paid an additional optional contribution under this Section before the date of revocation.
HOUSE OF REPRESENTATIVES 6035 An elected county officer may elect to establish alternative credits for an alternative annuity by electing in writing to make additional optional contributions in accordance with this Section and procedures established by the board. These alternative credits are available only for periods of service as an elected county officer. The elected county officer may discontinue making the additional optional contributions by notifying the Fund in writing in accordance with this Section and procedures established by the board. Additional optional contributions for the alternative annuity shall be as follows: (1) For service as an elected county officer after the option is elected, an additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Section 7-173. (2) For service as an elected county officer before the option is elected, an additional contribution of 3% of the salary for the applicable period of service, plus interest at the effective rate from the date of service to the date of payment. All payments for past service must be paid in full before credit is given. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the effective rate from the date of refund to the date of repayment. (b) In lieu of the retirement annuity otherwise payable under this Article, an elected county officer who (1) has elected to participate in the Fund and make additional optional contributions in accordance with this Section, (2) has held and made additional optional contributions with respect to the same elected county office for at least 8 years, and (3) (2) has attained age 55 with at least 8 years of service credit (or has attained age 50 with at least 20 years of service as a sheriff's law enforcement employee) may elect to have his retirement annuity computed as follows: 3% of the participant's salary at the time of termination of service for each of the first 8 years of service credit, plus 4% of that salary for each of the next 4 years of service credit, plus 5% of that salary for each year of service credit in excess of 12 years, subject to a maximum of 80% of that salary. This formula applies only to service in an elected county office that the officer held for at least 8 years, and only to service for which additional optional contributions have been paid under this Section. If an elected county officer qualifies to have this formula applied to service in more than one elected county office, the qualifying service shall be accumulated for purposes of determining the applicable accrual percentages, but the salary used for each office shall be the separate salary calculated for that office, as defined in subsection (g). To the extent that the elected county officer has service credit that does not qualify for this formula, made additional optional contributions with respect to only a portion of his years of service credit, his retirement annuity will first be determined in accordance with this formula with respect to the service to which this formula applies Section to the extent that additional optional contributions were made, and then in accordance with the remaining Sections of this Article to the extent of years of service credit with respect to the service to which this formula does not apply additional optional contributions were not made. (c) In lieu of the disability benefits otherwise payable under this Article, an elected county officer who (1) has elected to participate in the Fund, and (2) has become permanently disabled and as a consequence is unable to perform the duties of his office, and
6036 JOURNAL OF THE [May 26, 1999] (3) was making optional contributions in accordance with this Section at the time the disability was incurred, may elect to receive a disability annuity calculated in accordance with the formula in subsection (b). For the purposes of this subsection, an elected county officer shall be considered permanently disabled only if: (i) disability occurs while in service as an elected county officer and is of such a nature as to prevent him from reasonably performing the duties of his office at the time; and (ii) the board has received a written certification by at least 2 licensed physicians appointed by it stating that the officer is disabled and that the disability is likely to be permanent. (d) Refunds of additional optional contributions shall be made on the same basis and under the same conditions as provided under Section 7-166, 7-167 and 7-168. Interest shall be credited at the effective rate on the same basis and under the same conditions as for other contributions. If an elected county officer fails to hold that same elected county office for at least 8 years, he or she shall be entitled after leaving office to receive a refund of the additional optional contributions made with respect to that office, plus interest at the effective rate. (e) The plan of optional alternative benefits and contributions shall be available to persons who are elected county officers and active contributors to the Fund on or after November 15, 1994. A person who was an elected county officer and an active contributor to the Fund on November 15, 1994 but is no longer an active contributor may apply to make additional optional contributions under this Section at any time within 90 days after the effective date of this amendatory Act of 1997; if the person is an annuitant, the resulting increase in annuity shall begin to accrue on the first day of the month following the month in which the required payment is received by the Fund. (f) For the purposes of this Section and Section 7-145.2, the terms "elected county officer" and "elected county office" include, but are not limited to: (1) the county clerk, recorder, treasurer, coroner, assessor (if elected), auditor, sheriff, and State's Attorney; members of the county board; and the clerk of the circuit court; and (2) a person who has been appointed to fill a vacancy in an office that is normally filled by election on a countywide basis, for the duration of his or her service in that office. The terms "elected county officer" and "elected county office" do not include any officer or office of a county that has not consented to the availability of benefits under this Section and Section 7-145.2. (g) For the purposes of this Section and Section 7-145.2, the term "salary" means the final rate of earnings for the elected county office held, calculated in a manner consistent with Section 7-116, but for that office only. If an elected county officer qualifies to have the formula in subsection (b) applied to service in more than one elected county office, a separate salary shall be calculated and applied with respect to each such office. (h) The changes to this Section made by this amendatory Act of the 91st General Assembly apply to persons who first make an additional optional contribution under this Section on or after the effective date of this amendatory Act. (Source: P.A. 90-32, eff. 6-27-97.)". 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
HOUSE OF REPRESENTATIVES 6037 to the order of Third Reading. SENATE BILL 23. Having been recalled earlier today, and held on the order of Second Reading, the same was again taken up. Representative Novak offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 23 AMENDMENT NO. 2. Amend Senate Bill 23, AS AMENDED, by replacing the title with the following: "AN ACT in relation to the taxation of the real property of electric generating stations."; and 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 Nuclear Electric Generating Station Fund. Section 10. The Property Tax Code is amended by changing Section 9-45 and adding Sections 10-232, 10-235, 10-240, 10-245, 10-250, 10-255, 10-260, 10-265, and 10-270 as follows: (35 ILCS 200/9-45) Sec. 9-45. Property index number system. The county clerk in counties of 3,000,000 or more inhabitants and, subject to the approval of the county board, the chief county assessment officer or recorder, in counties of less than 3,000,000 inhabitants, may establish a property index number system under which property may be listed for purposes of assessment, collection of taxes or automation of the office of the recorder. The system may be adopted in addition to, or instead of, the method of listing by legal description as provided in Section 9-40. The system shall describe property by township, section, block, and parcel or lot, and may cross-reference the street or post office address, if any, and street code number, if any. The county clerk, county treasurer, chief county assessment officer or recorder may establish and maintain cross indexes of numbers assigned under the system with the complete legal description of the properties to which the numbers relate. Index numbers shall be assigned by the county clerk in counties of 3,000,000 or more inhabitants, and, at the direction of the county board in counties with less than 3,000,000 inhabitants, shall be assigned by the chief county assessment officer or recorder. Tax maps of the county clerk, county treasurer or chief county assessment officer shall carry those numbers. The indexes shall be open to public inspection and be made available to the public. Any property index number system established prior to the effective date of this Code shall remain valid. However, in counties with less than 3,000,000 inhabitants, the system may be transferred to another authority upon the approval of the county board. Any real property used for a power generating or automotive manufacturing facility located within a county of less than 1,000,000 inhabitants, as to which litigation with respect to its assessed valuation or taxation is pending or was pending as of January 1, 1993, may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which it is situated. Other appropriate authorities, which may include county and State boards or officials, may also be parties to such an agreement. Such an agreement may include the assessment of the facility for any years in dispute as well as for up to 10 years in the future. Such an agreement may provide for the settlement of issues relating to the assessed value of the facility and may provide
6038 JOURNAL OF THE [May 26, 1999] for related payments, refunds, claims, credits against taxes and liabilities in respect to past and future taxes of taxing districts, including any fund created under Section 20-35 of this Act, all implementing the settlement agreement. Any such agreement may provide that parties thereto agree not to challenge assessments as provided in the agreement. An agreement entered into on or after January 1, 1993 may provide for the classification of property that is the subject of the agreement as real or personal during the term of the agreement and thereafter. It may also provide that taxing districts agree to reimburse the taxpayer for amounts paid by the taxpayer in respect to taxes for the real property which is the subject of the agreement to the extent levied by those respective districts, over and above amounts which would be due if the facility were to be assessed as provided in the agreement. Such reimbursement may be provided in the agreement to be made by credit against taxes of the taxpayer. No credits shall be applied against taxes levied with respect to debt service or lease payments of a taxing district. No referendum approval or appropriation shall be required for such an agreement or such credits and any such obligation shall not constitute indebtedness of the taxing district for purposes of any statutory limitation. The county collector shall treat credited amounts as if they had been received by the collector as taxes paid by the taxpayer and as if remitted to the district. A county treasurer who is a party to such an agreement may agree to hold amounts paid in escrow as provided in the agreement for possible use for paying taxes until conditions of the agreement are met and then to apply these amounts as provided in the agreement. No such settlement agreement shall be effective unless it shall have been approved by the court in which such litigation is pending. Any such agreement which has been entered into prior to adoption of this amendatory Act of 1988 and which is contingent upon enactment of authorizing legislation shall be binding and enforceable. (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.) (35 ILCS 200/10-232 new) Sec. 10-232. Findings of the Electric Utility Property Assessment Task Force; privileged statements. (a) Pursuant to Section 10-230, the Electric Utility Property Assessment Task Force was established to advise the General Assembly with respect to the possible impact of the Electric Service Customer Choice and Rate Relief Law of 1997 on the valuation of the real property component of electric generating stations owned by electric utilities and, therefore, on the taxing districts in this State in which the electric generating stations are located. The Task Force, appointed by the 4 legislative leaders of the General Assembly, was comprised of representatives of taxing districts and electric utilities and was chaired by the President of the Taxpayers' Federation of Illinois. After more than a year of extensive investigation, discussions, and negotiations, including in-depth analyses, projections, and reports by third party experts, the Task Force has determined that taxing districts throughout this State with nuclear electric generating stations located within their taxing jurisdictions will experience significant sustained erosions of their property tax bases and property tax revenues as a result of the restructuring of the electric industry. As a result, the General Assembly has determined that a transition period is needed that will enable the affected taxing districts, their constituents, and the State as well as the involved taxpayers to make gradual rather than precipitous adjustments in assessments in the restructured environment and to provide the market place with sufficient time to establish the full cash value of nuclear electric generating stations in the State.
HOUSE OF REPRESENTATIVES 6039 (b) Statements made during Task Force meetings and deliberations may not be introduced as evidence in any judicial or administrative proceedings, and the statements and reports of any person retained by the Task Force, including outside experts, may not be introduced as evidence in any judicial or administrative proceedings. (35 ILCS 200/10-235 new) Sec. 10-235. Definitions. As used in this Division, unless the context otherwise requires: "Base year assessment" means the lower of the 1998 or 1999 assessments of the real property, as set by the board of review, of a nuclear electric generating station. "Base year real estate percentage" means: (1) in the case of a nuclear electric generating station for which the taxpayer has entered into a settlement agreement under Section 9-45 that sets forth a percentage of the nuclear electric generating station that is real property, the percentage set forth in the agreement; or (2) in the case of a nuclear electric generating station for which the taxpayer has not entered into a settlement agreement under Section 9-45 that sets forth a percentage of the nuclear electric generating station that is real property, then a percentage equal to a fraction the numerator of which is the lower of the 1998 or 1999 assessment of the real property of the nuclear electric generating station as set by the board of review and the denominator of which is one-third of the original cost less depreciation of the nuclear electric generating station as of 1998 or 1999, whichever is lower. "Electric generating station" means a station constructed and designed to generate electricity and that was owned, as of November 1, 1997, by an electric utility as defined in Section 16-102 of the Public Utilities Act. "End-of-period assessment" means 33 1/3% of the end-of-period calculated facility value multiplied by the base year real estate percentage. "End-of-period calculated facility value" of a nuclear electric generating station means: (1) for the Dresden nuclear electric generating station, $200 per kilowatt of total installed capacity reflected on FERC form 1; (2) for the Quad Cities nuclear electric generating station, $110 per kilowatt of total installed capacity reflected on FERC form 1; (3) for the LaSalle nuclear electric generating station, $280 per kilowatt of total installed capacity reflected on FERC form 1; (4) for the Braidwood nuclear electric generating station, $395 per kilowatt of total installed capacity as reflected on FERC form 1; (5) for the Byron nuclear electric generating station, $395 per kilowatt of total installed capacity as reflected on FERC form 1; and (6) for the Clinton nuclear generating station, $375 per kilowatt of total installed capacity reflected on FERC form 1. "Nuclear electric generating station" means an electric generating station that generates electricity using the fission of uranium. "Transition amount" means the difference between the base year assessment and the end-of-period assessment. "Transition period" means the period beginning on January 1, 2000 and ending on December 31, 2005. "Permanently closed nuclear station" means a nuclear electric
6040 JOURNAL OF THE [May 26, 1999] generating station with respect to which either (i) its owner has notified the Nuclear Regulatory Commission that it intends to permanently cease operations of the nuclear power generating units at the station and has ceased the nuclear generation of electricity; or (ii) the Nuclear Regulatory Commission has revoked the owners' license. (35 ILCS 200/10-240 new) Sec. 10-240. Assessment of nuclear electric generating stations. (a) During the transition period, the real property assessment with respect to a nuclear electric generating station that is not a permanently closed nuclear station is as follows: (1) if there is a settlement agreement entered into under Section 9-45 that provides for the assessment of the nuclear electric generating station's real property for that year, the assessment provided for in the agreement; or (2) if there is no settlement agreement entered into under Section 9-45 that provides for the assessment of the nuclear electric generating station's real property for that year, then: (A) for the year 2000, the base year assessment less 50% of the transition amount; (B) for the year 2001, the base year assessment less 60% of the transition amount; (C) for the year 2002, the base year assessment less 70% of the transition amount; (D) for the year 2003, the base year assessment less 80% of the transition amount; (E) for the year 2004, the base year assessment less 90% of the transition amount; and (F) for the year 2005, the end-of-period assessment. (b) During the transition period, the real property assessment with respect to a nuclear electric generating station that was a permanently closed nuclear station as of January 1, 1999 is as follows: (1) for the year 2000, 60% of its 1998 assessment; (2) for the year 2001, 30% of its 1998 assessment; and (3) for the years 2002 and until the end of the transition period, the lesser of (i) $25,000,000 or (ii) 30% of the 1998 assessment. (c) During the transition period, the real property assessment with respect to a nuclear electric generating station that becomes a permanently closed nuclear station after January 1, 1999 is as follows: (1) for the first assessment year following the year in which the station is permanently closed, 60% of the prior year's assessment; (2) for the second assessment year following the year in which the station is permanently closed, 30% of the last assessment prior to the permanent closure of the station; and (3) for the third assessment year following the year in which the station is permanently closed and until the end of the transition period, the lesser of (i) $25,000,000 or (ii) 30% of the last assessment prior to the permanent closure of the station. (d) The sale of any station that generates electricity shall not be a factor in the assessment of the property of a nuclear electric generating station for any assessment year during the transition period. (e) During the transition period, land that was not improved with nuclear electric generating or substation equipment in the year of the base year assessment, but that has been reported to the Federal Energy Regulatory Commission as comprising part of a nuclear
HOUSE OF REPRESENTATIVES 6041 electric generating station, shall be assessed using the same valuation methodology that was applied to the land in the year of the base year assessment, unless the land is used for a purpose different from the year of base year assessment. (35 ILCS 200/10-245 new) Sec. 10-245. Assessment during and after the transition period. (a) During the transition period, the assessed valuation of a nuclear electric generating station's real property is not subject to application of any equalization factor set by the Department of Revenue or local assessment officers. During this period, the equalized assessed valuation of the real property of a nuclear electric generating station shall be the same as its assessed valuation. (b) Effective January 1, 2006 and thereafter, the property of all nuclear electric generating stations shall be assessed based upon its fair cash value and without regard to Section 10-240 or subsection (a) of this Section. (35 ILCS 200/10-250 new) Sec. 10-250. Expedited assessment and appeal. (a) On or before January 15 in each year, the assessor, in person or by deputy, shall actually view and determine as near as practicable the value of the property at each nuclear electric generating station in the assessor's jurisdiction according to this Division and shall certify to the chief county assessment officer the amount of the assessment. On or before February 1 of each year, the chief county assessment officer shall review the assessor's certification and make changes or assessments in the absence of the certification as may be necessary and proper and on or before February 15 shall notify the taxpayer of the assessment by mail and by publication in a newspaper of general circulation in the county. If the property at any nuclear electric generating station is not assessed on or before February 1, then the assessment shall be deemed to have been set by the chief county assessment officer at 100% of the prior year's assessed valuation. (b) Complaints that a nuclear electric generating station is overassessed or underassessed shall be filed with the board of review on or before March 1. The board of review shall notify, within 5 calendar days, the taxpayer and any taxing body in which such nuclear electric generating station is situated of receipt of the complaint and the date and time for hearing thereon. Not later than April 1, the board shall review the assessment and correct it, as appears to be just under the terms of this Division, or allow the assessment to stand. If the board does not issue its decision on the complaint by April 1, then the complaint shall be deemed denied and the taxpayer and any taxing body shall have the right to appeal to the Property Tax Appeal Board according to subsection (c). After April 1, the board of review shall have no authority to revise the assessment of a nuclear electric generating station for that assessment year. (c) Any taxpayer dissatisfied with the decision of a board of review as the decision pertains to the assessment of his or her property at a nuclear electric generating station or any taxing body in which such nuclear electric generating station is situated may, before May 1, appeal the decision to the Property Tax Appeal Board for review. (d) Upon receipt of a petition complaining of the assessment of a nuclear electric generating station with an assessed valuation in excess of $20,000,000 or a petition complaining that the assessment of a nuclear electric generating station should be set in excess of $20,000,000: (1) the Property Tax Appeal Board shall, within 10 calendar days, set the matter for a pre-hearing conference not later than
6042 JOURNAL OF THE [May 26, 1999] June 15 and provide notice of the date of the pre-hearing conference and a copy of the petition to the appellant, the taxpayer if other than the appellant, the board of review whose decision is being appealed and the State's Attorney of that county; (2) notice to all taxing bodies in which such nuclear electric generating station is situated shall be deemed to be given when served upon the State's Attorney of the county whose board of review's decision is being appealed; (3) the board of review shall, within 5 calendar days of the receipt of the notice and petition from the Property Tax Appeal Board, mail an additional copy of the notice and petition on all taxing bodies as shown on the last available tax bill; (4) the Property Tax Appeal Board shall consider the appeal de novo and shall issue a decision not later than February 1 of the year following the assessment year; and (5) the assessment determined by the Property Tax Appeal Board shall be used as the assessment of the nuclear electric generating station for the calculation and extension of taxes notwithstanding the filing of any petition for administrative review. (35 ILCS 200/10-255 new) Sec. 10-255. Supplemental Tax Rates. (a) Notwithstanding any other provision of law to the contrary except the Property Tax Extension Limitation Law, the governing authority of a taxing district may, by ordinance or resolution, increase without referendum its maximum aggregate tax rate for those funds that have rate maximums and its specific tax rates for the funds from tax year 2000 through tax year 2005. The ordinance or resolution is irrevocable. The maximum aggregate tax rate for those funds that have rate maximums may not be increased each year to more than 5% above the preceding year's maximum aggregate tax rate for the funds; provided that the total increase of the maximum aggregate tax rate for those funds that have rate maximums from tax year 2000 through tax year 2005 may not exceed the maximum aggregate tax rate for the funds in tax year 1999 by the lesser of either (i) 25% or (ii) a percentage, rounded to the nearest whole, equal to a fraction the numerator of which is the nuclear generating station's equalized assessed valuation for tax year 1996, as set by the board of review, minus its end-of-period assessment and the denominator of which is the taxing district's total equalized assessed valuation for tax year 1996. If a taxing district increases its maximum aggregate tax rate by referendum, the district may supplement that increase by an amount of no more than 5% above the preceding year's maximum aggregate tax rate. (b) The ordinance or resolution increasing the maximum aggregate tax rate of the taxing district must be certified and filed with the county clerk and must include all of the following provisions: (1) those funds of the district that have maximum tax rates and the maximum tax rate applicable to each fund for the tax year 1999; (2) the aggregate maximum tax rates for tax year 1999 for all of the district's funds that are subject to maximums; (3) the amount of the increase, if any, in the maximum aggregate tax rate to which the taxing district is entitled under this Section; (4) the amounts of the increases, if any, in the maximum aggregate tax rate under this Section adopted by the governing authority of the taxing district in the preceding years; (5) the amount of the increase in the maximum aggregate tax rate authorized under this Section for the current year;
HOUSE OF REPRESENTATIVES 6043 (6) the amount of the increase adopted by the governing authority of the taxing district for the current year and those funds to which the increase will be applied; and (7) a cite to this Section of the Property Tax Code authorizing the tax rate increase. (c) The maximum tax rates in effect on December 31, 2005 as established in accordance with subsections (a) and (b) above shall remain in effect thereafter. (35 ILCS 200/10-260 new) Sec. 10-260. Transitional program. The Department of Revenue must implement and administer a transitional support program to make grants to taxing districts within which are located a nuclear electric generating station or permanently closed nuclear station. The Department must make the grants to the taxing districts that meet the requirements of this subsection from the Nuclear Electric Generating Station Fund, a special fund created in the State Treasury. On January 1 of each year from 2001 through 2006, the Comptroller shall order transferred and the Treasurer shall transfer $16,000,000 from the General Revenue Fund to the Nuclear Electric Generating Station Fund for the Department to make grants to taxing districts under the transitional support program in September of each year. If in any one year taxing districts are eligible for transitional support grants in excess of the moneys in the fund, then the Department shall distribute the grants to the districts in amounts equal to proportionate shares of the fund calculated using the amount of the grant that the district would otherwise have been entitled to receive from the fund. If the Department does not use all of the moneys in the fund for grants each year, then the balance shall remain in the fund for grants of the succeeding years. Moneys remaining in the fund after December 31, 2006 shall be returned to the General Revenue Fund by the Treasurer. (1) From 2001 through 2006, a taxing district may apply for a transitional support grant before July 1st of each year and must be issued a grant if the district meets all of the following requirements: (A) A nuclear electric generating station or permanently closed nuclear station is located within the taxing district. (B) The taxing district's aggregate tax levy extension decreased from the 1999 tax year due to the decreased real property assessment of the nuclear electric generating station or permanently closed nuclear station by at least 3% in tax year 2000, 6% in tax year 2001, 9% in tax year 2002, 12% in tax year 2003, 15% in tax year 2004, and 18% in tax year 2005. (C) The taxing district increased under Section 10-255 in the current tax year its maximum aggregate tax rate without a referendum or through referendum by at least 3% more than the maximum aggregate tax rate for the immediate preceding tax year, provided that if the district's 1999 maximum aggregate tax rate is greater than the median maximum aggregate tax rate of the same type of taxing districts organized under the same enabling law, as determined by the Department, then the taxing district need not increase its maximum aggregate tax rate. (D) If the taxing district has cash reserves, exclusive of early property tax receipts, that exceed 50% or more of its general operating expenditures for that year, then the district must have applied at least one-eighth of those cash reserves in excess of the 50% in the district's budget ordinance or resolution for the current tax year.
6044 JOURNAL OF THE [May 26, 1999] (2) The amount of the transitional support grant is limited each year for a taxing district according to this paragraph. For the purpose of the grant limits under this paragraph, the term "aggregate extension" shall have the same definition as set forth in Section 18-185 of the Property Tax Extension Limitation Law. In addition, if the taxing district increases by referendum its maximum tax rate for any fund subject to rate maximums, then the amount of the extension attributable to the referendum shall not be included in the district's aggregate extension for the purposes of the grant limits under this paragraph. Subject to paragraph (3), the grant limits are calculated according to the following schedule: (A) For the 2000 tax year, the amount of the grant may not increase the total of the district's aggregate extension and applied cash reserves to more than 97% of the 1999 aggregate extension. (B) For the 2001 tax year, the amount of the grant may not increase the total of the district's aggregate extension and applied cash reserves to more than 94% of the 1999 aggregate extension. (C) For the 2002 tax year, the amount of the grant may not increase the total of the district's aggregate extension and applied cash reserves to more than 91% of the 1999 aggregate extension. (D) For the 2003 tax year, the amount of the grant may not increase the total of the district's aggregate extension and applied cash reserves to more than 88% of the 1999 aggregate extension. (E) For the 2004 tax year, the amount of the grant may not increase the total of the district's aggregate extension and applied cash reserves to more than 85% of the 1999 aggregate extension. (F) For the 2005 tax year, the amount of the grant may not increase the total of the district's aggregate extension and applied cash reserves to more than 82% of the 1999 aggregate extension. (3) If due to the decreased real property assessment of a nuclear electric generating station or permanently closed nuclear station, a school district would receive an amount under Section 18-8.05 of the School Code that together with the transitional support grant, the district's aggregate extension, and the applied cash reserves would be more than the total amount of the district's general State aid entitlement for fiscal year 2001 under Section 18-8.05 of the School Code and the district's aggregate extension for tax year 1999, then the Department shall reduce the amount of the transitional support grant for that tax year so that the amount of the grant does not increase the total amount of the district's general State aid entitlement under Section 18-8.05 of the School Code, the district's aggregate extension for that tax year, and the applied cash reserves to more than 100% of the total amount of the district's general State aid entitlement for fiscal year 2001 under Section 18-8.05 of the School Code and the district's aggregate extension for tax year 1999. (35 ILCS 200/10-265 new) Sec. 10-265. Applicability. To the extent that Sections 10-232, 10-235, 10-240, 10-245, 10-250, 10-255, and 10-260 are in conflict with other provisions of the Property Tax Code, the provisions of Sections 10-232, 10-235, 10-240, 10-245, 10-250, 10-255, and 10-260 control. (35 ILCS 200/10-270 new)
HOUSE OF REPRESENTATIVES 6045 Sec. 10-270. Inseverability. The provisions of this amendatory Act of the 91st General Assembly are mutually dependent and inseverable. If any provision is held invalid other than as applied to a particular person or circumstance, then this entire amendatory Act is invalid. 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 again held on the order of Second Reading. SENATE BILL 956. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. Representative Currie offered and withdrew Amendment No. 2. Representative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 956 AMENDMENT NO. 3. Amend Senate Bill 956, AS AMENDED, in Section 5, in the introductory clause, by inserting "and adding Section 9-25.3" after "7-10"; and in Section 5, below Sec. 7-10, by inserting the following: "(10 ILCS 5/9-25.3 new) Sec. 9-25.3. Acceptance of prohibited contributions. (a) No candidate, political committee, or public official shall accept a contribution or anything of value from or on behalf of a licensee or applicant for licensure under the provisions of the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, nor from any officer, director, holder, or controller of a legal or beneficial interest in any such license or application, nor from any gaming operations manager, nor from any agent of any such person. (b) A candidate, political committee, or public official who violates subsection (a) of this Section for the first time shall be guilty of a Class A misdemeanor. Any contribution accepted by such candidate, political committee, or public official in violation of this Section shall be paid into the State Treasury. (c) A candidate, political committee, or public official who violates subsection (a) of this Section for a second or subsequent time shall be guilty of a Class 4 felony. For a second or subsequent violation of this Section, a fine shall be imposed of not less than twice the amount of any contribution accepted by the offending candidate, political committee, or public official."; and by inserting below Section 10 the following: "Section 15. The Illinois Horse Racing Act of 1975 is amended by changing Section 24 as follows: (230 ILCS 5/24) (from Ch. 8, par. 37-24) Sec. 24. (a) No license shall be issued to or held by an organization licensee unless all of its officers, directors, and holders of ownership interests of at least 5% are first approved by the Board. The Board shall not give approval of an organization license application to any person who has been convicted of or is under an indictment for a crime of moral turpitude or has violated
6046 JOURNAL OF THE [May 26, 1999] any provision of the racing law of this State or any rules of the Board. (b) An organization licensee must notify the Board within 10 days of any change in the holders of a direct or indirect interest in the ownership of the organization licensee. The Board may, after hearing, revoke the organization license of any person who registers on its books or knowingly permits a direct or indirect interest in the ownership of that person without notifying the Board of the name of the holder in interest within this period. (c) In addition to the provisions of subsection (a) of this Section, no person shall be granted an organization license if any public official of the State or member of his or her family holds any ownership or financial interest, directly or indirectly, in the person. (d) No person which has been granted an organization license to hold a race meeting shall give to any public official or member of his family, directly or indirectly, for or without consideration, any interest in the person. The Board shall, after hearing, revoke the organization license granted to a person which has violated this subsection. (e) (Blank). (f) No organization licensee or concessionaire or officer, director or holder or controller of any 5% or more legal or beneficial interest in any organization licensee or concession shall make any sort of gift or contribution of any kind or pay or give any money or other thing of value to any person who is a public official, or a candidate or nominee for public office or to any political committee. A person shall be guilty of a Class A misdemeanor for violating this subsection for the first time. A person shall be guilty of a Class 4 felony and, in addition, shall suffer revocation of any license granted under this Act if that person or any agent of that person violates this subsection (f) for a second or subsequent time. (Source: P.A. 89-16, eff. 5-30-95.) Section 20. The Riverboat Gambling Act is amended by changing Section 18 and adding Section 13.2 as follows: (230 ILCS 10/13.2 new) Sec. 13.2. Ownership by public official; political contributions. (a) No licensee or applicant for licensure or agent thereof shall give to any public official or member of his or her family, directly or indirectly, for or without consideration, any interest in shares of stock or certificates or other evidences of ownership of any interest in an activity licensed by the Board under this Act. The Board shall, after hearing, revoke the license of any licensee found in violation of this subsection (a). (b) No licensee or applicant for licensure or officer, director, holder, or controller of any legal or beneficial interest in any license granted by the Board under this Act nor any gaming operations manager or any agent of such person shall make any sort of gift or contribution of any kind or pay or give any money or other thing of value to any person who is a public official, or a candidate or nominee for public office, or to any agent of such person, or to any political committee or other fund-raising entity that gives, lends, or otherwise provides funds to meet the expenses of any candidate for public office. (230 ILCS 10/18) (from Ch. 120, par. 2418) Sec. 18. Prohibited Activities - Penalty. (a) A person is guilty of a Class A misdemeanor for doing any of the following: (1) Operating a gambling excursion where wagering is used
HOUSE OF REPRESENTATIVES 6047 or to be used without a license issued by the Board. (2) Operating a gambling excursion where wagering is permitted other than in the manner specified by Section 11. (3) Violating Section 13.2 of this Act for the first time. (b) A person is guilty of a Class B misdemeanor for doing any of the following: (1) permitting a person under 21 years to make a wager; or (2) violating paragraph (12) of subsection (a) of Section 11 of this Act. (c) A person wagering or accepting a wager at any location outside the riverboat is subject to the penalties in paragraphs (1) or (2) of subsection (a) of Section 28-1 of the Criminal Code of 1961. (d) A person commits a Class 4 felony and, in addition, shall be barred for life from riverboats under the jurisdiction of the Board, if the person does any of the following: (1) Offers, promises, or gives anything of value or benefit to a person who is connected with a riverboat owner including, but not limited to, an officer or employee of a licensed owner or holder of an occupational license pursuant to an agreement or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board. (2) Solicits or knowingly accepts or receives a promise of anything of value or benefit while the person is connected with a riverboat including, but not limited to, an officer or employee of a licensed owner, or holder of an occupational license, pursuant to an understanding or arrangement or with the intent that the promise or thing of value or benefit will influence the actions of the person to affect or attempt to affect the outcome of a gambling game, or to influence official action of a member of the Board. (3) Uses or possesses with the intent to use a device to assist: (i) In projecting the outcome of the game. (ii) In keeping track of the cards played. (iii) In analyzing the probability of the occurrence of an event relating to the gambling game. (iv) In analyzing the strategy for playing or betting to be used in the game except as permitted by the Board. (4) Cheats at a gambling game. (5) Manufactures, sells, or distributes any cards, chips, dice, game or device which is intended to be used to violate any provision of this Act. (6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before it is revealed to the players. (7) Places a bet after acquiring knowledge, not available to all players, of the outcome of the gambling game which is subject of the bet or to aid a person in acquiring the knowledge for the purpose of placing a bet contingent on that outcome. (8) Claims, collects, or takes, or attempts to claim, collect, or take, money or anything of value in or from the gambling games, with intent to defraud, without having made a wager contingent on winning a gambling game, or claims, collects, or takes an amount of money or thing of value of greater value than the amount won. (9) Uses counterfeit chips or tokens in a gambling game. (10) Possesses any key or device designed for the purpose
6048 JOURNAL OF THE [May 26, 1999] of opening, entering, or affecting the operation of a gambling game, drop box, or an electronic or mechanical device connected with the gambling game or for removing coins, tokens, chips or other contents of a gambling game. This paragraph (10) does not apply to a gambling licensee or employee of a gambling licensee acting in furtherance of the employee's employment. (e) The possession of more than one of the devices described in subsection (d), paragraphs (3), (5) or (10) permits a rebuttable presumption that the possessor intended to use the devices for cheating. (f) A person is guilty of a Class 4 felony and, in addition, shall suffer revocation of any license granted by the Board under this Act if such person or any agent thereof violates Section 13.2 of this Act for a second or subsequent time. An action to prosecute any crime occurring during a gambling excursion shall be tried in the county of the dock at which the riverboat is based. Representative Hannig moved that the Amendment was out of order. The Chair ruled that the Amendment was out of order. Representative Winkel then moved to overrule the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 60, Yeas; 55, Nays; 0, Answering Present. (ROLL CALL 21) (Source: P.A. 86-1029; 87-826.)". The motion prevailed. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 956 AMENDMENT NO. 4. Amend Senate Bill 956 by replacing the title with the following: "AN ACT concerning elections, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Sections 6A-3 and 7-10 as follows: (10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3) Sec. 6A-3. If the county board adopts an ordinance providing for the establishment of a county board of election commissioners, or if a majority of the votes cast on a proposition submitted in accordance with Section 6A-2 are in favor of a county board of election commissioners, a county board of election commissioners shall be appointed in the same manner as is provided in Article 6 for boards of election commissioners in cities, villages and incorporated towns, except that the county board of election commissioners shall be appointed by the chairman of the county board rather than the circuit court. However, before any appointments are made, the appointing authority shall ascertain whether the county clerk desires to be a member of the county board of election commissioners. If the county clerk so desires, he shall be one of the members of the county board of election commissioners, and the appointing authority shall appoint only 2 other members. (Source: P.A. 80-648.) (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) Sec. 7-10. The name of no candidate for nomination, or State central committeeman, or township committeeman, or precinct committeeman, or ward committeeman or candidate for delegate or alternate delegate to national nominating conventions, shall be
HOUSE OF REPRESENTATIVES 6049 printed upon the primary ballot unless a petition for nomination has been filed in his behalf as provided in this Article in substantially the following form: We, the undersigned, members of and affiliated with the .... party and qualified primary electors of the .... party, in the .... of ...., in the county of .... and State of Illinois, do hereby petition that the following named person or persons shall be a candidate or candidates of the .... party for the nomination for (or in case of committeemen for election to) the office or offices hereinafter specified, to be voted for at the primary election to be held on (insert date). the .... day of ...., .... Name Office Address John Jones Governor Belvidere, Ill. Thomas Smith Attorney General Oakland, Ill. Name.................. Address....................... State of Illinois) ) ss. County of........) I, ...., do hereby certify that I am a registered voter and have been a registered voter at all times I have circulated this petition, that I reside at No. .... street, in the .... of ...., county of ...., and State of Illinois, and that the signatures on this sheet were signed in my presence, and are genuine, and that to the best of my knowledge and belief the persons so signing were at the time of signing the petitions qualified voters of the .... party, and that their respective residences are correctly stated, as above set forth. ......................... Subscribed and sworn to before me on (insert date). this .... day of ...., .... ......................... Each sheet of the petition other than the statement of candidacy and candidate's statement shall be of uniform size and shall contain above the space for signatures an appropriate heading giving the information as to name of candidate or candidates, in whose behalf such petition is signed; the office, the political party represented and place of residence; and the heading of each sheet shall be the same. Such petition shall be signed by qualified primary electors residing in the political division for which the nomination is sought in their own proper persons only and opposite the signature of each signer, his residence address shall be written or printed. The residence address required to be written or printed opposite each qualified primary elector's name shall include the street address or rural route number of the signer, as the case may be, as well as the signer's city, village or town. However the county or city, village or town, and state of residence of the electors may be printed on the petition forms where all of the electors signing the petition reside in the same county or city, village or town, and state. Standard abbreviations may be used in writing the residence address, including street number, if any. At the bottom of each sheet of such petition shall be added a statement signed by a registered voter of the political division, who has been a registered voter at all times he or she circulated the petition, for which the candidate is seeking a nomination, stating the street address or rural route number of the voter, as the case may be, as well as the voter's city, village or town; and certifying that the signatures on that sheet of the petition were signed in his presence; and either (1) indicating the dates on which that sheet was circulated, or (2) indicating the first and last dates on which the sheet was circulated, or (3) certifying that none of the signatures on the sheet were signed more than 90 days preceding the last day for the filing of the petition, or more
6050 JOURNAL OF THE [May 26, 1999] than 45 days preceding the last day for filing of the petition in the case of political party and independent candidates for single or multi-county regional superintendents of schools in the 1994 general primary election; and certifying that the signatures on the sheet are genuine, and certifying that to the best of his knowledge and belief the persons so signing were at the time of signing the petitions qualified voters of the political party for which a nomination is sought. Such statement shall be sworn to before some officer authorized to administer oaths in this State. No petition sheet shall be circulated more than 90 days preceding the last day provided in Section 7-12 for the filing of such petition, or more than 45 days preceding the last day for filing of the petition in the case of political party and independent candidates for single or multi-county regional superintendents of schools in the 1994 general primary election. The person circulating the petition, or the candidate on whose behalf the petition is circulated, may strike any signature from the petition, provided that; (1) the person striking the signature shall initial the petition at the place where the signature is struck; and (2) the person striking the signature shall sign a certification listing the page number and line number of each signature struck from the petition. Such certification shall be filed as a part of the petition. Such sheets before being filed shall be neatly fastened together in book form, by placing the sheets in a pile and fastening them together at one edge in a secure and suitable manner, and the sheets shall then be numbered consecutively. The sheets shall not be fastened by pasting them together end to end, so as to form a continuous strip or roll. All petition sheets which are filed with the proper local election officials, election authorities or the State Board of Elections shall be the original sheets which have been signed by the voters and by the circulator thereof, and not photocopies or duplicates of such sheets. Each petition must include as a part thereof, a statement of candidacy for each of the candidates filing, or in whose behalf the petition is filed. This statement shall set out the address of such candidate, the office for which he is a candidate, shall state that the candidate is a qualified primary voter of the party to which the petition relates and is qualified for the office specified (in the case of a candidate for State's Attorney it shall state that the candidate is at the time of filing such statement a licensed attorney-at-law of this State), shall state that he has filed (or will file before the close of the petition filing period) a statement of economic interests as required by the Illinois Governmental Ethics Act, shall request that the candidate's name be placed upon the official ballot, and shall be subscribed and sworn to by such candidate before some officer authorized to take acknowledgment of deeds in the State and shall be in substantially the following form: Statement of Candidacy Name Address Office District Party John Jones 102 Main St. Governor Statewide Republican Belvidere, Illinois State of Illinois) ) ss. County of .......) I, ...., being first duly sworn, say that I reside at .... Street in the city (or village) of ...., in the county of ...., State of Illinois; that I am a qualified voter therein and am a qualified primary voter of the .... party; that I am a candidate for nomination (for election in the case of committeeman and delegates and alternate delegates) to the office of .... to be voted upon at the primary
HOUSE OF REPRESENTATIVES 6051 election to be held on (insert date); the .... day of ...., ....; that I am legally qualified (including being the holder of any license that may be an eligibility requirement for the office I seek the nomination for) to hold such office and that I have filed (or I will file before the close of the petition filing period) a statement of economic interests as required by the Illinois Governmental Ethics Act and I hereby request that my name be printed upon the official primary ballot for nomination for (or election to in the case of committeemen and delegates and alternate delegates) such office. Signed ...................... Subscribed and sworn to (or affirmed) before me by ...., who is to me personally known, on (insert date). this .... day of ...., 19... Signed .................... (Official Character) (Seal, if officer has one.) The petitions, when filed, shall not be withdrawn or added to, and no signatures shall be revoked except by revocation filed in writing with the State Board of Elections, election authority or local election official with whom the petition is required to be filed, and before the filing of such petition. Whoever forges the name of a signer upon any petition required by this Article is deemed guilty of a forgery and on conviction thereof shall be punished accordingly. Petitions of candidates for nomination for offices herein specified, to be filed with the same officer, may contain the names of 2 or more candidates of the same political party for the same or different offices. Such petitions for nominations shall be signed: (a) If for a State office, or for delegate or alternate delegate to be elected from the State at large to a National nominating convention by not less than 5,000 nor more than 10,000 primary electors of his party. (b) If for a congressional officer or for delegate or alternate delegate to be elected from a congressional district to a national nominating convention by at least .5% of the qualified primary electors of his party in his congressional district, except that for the first primary following a redistricting of congressional districts such petitions shall be signed by at least 600 qualified primary electors of the candidate's party in his congressional district. (c) If for a county office (including county board member and chairman of the county board where elected from the county at large), by at least .5% of the qualified electors of his party cast at the last preceding general election in his county. However, if for the nomination for county commissioner of Cook County, then by at least .5% of the qualified primary electors of his or her party in his or her county in the district or division in which such person is a candidate for nomination; and if for county board member from a county board district, then by at least .5% of the qualified primary electors of his party in the county board district. In the case of an election for county board member to be elected from a district, for the first primary following a redistricting of county board districts or the initial establishment of county board districts, then by at least .5% of the qualified electors of his party in the entire county at the last preceding general election, divided by the number of county board districts, but in any event not less than 25 qualified primary electors of his party in the district. (d) If for a municipal or township office by at least .5% of the qualified primary electors of his party in the
6052 JOURNAL OF THE [May 26, 1999] municipality or township; if for alderman, by at least .5% of the voters of his party of his ward. In the case of an election for alderman or trustee of a municipality to be elected from a ward or district, for the first primary following a redistricting or the initial establishment of wards or districts, then by .5% of the total number of votes cast for the candidate of such political party who received the highest number of votes in the entire municipality at the last regular election at which an officer was regularly scheduled to be elected from the entire municipality, divided by the number of wards or districts, but in any event not less than 25 qualified primary electors of his party in the ward or district. (e) If for State central committeeman, by at least 100 of the primary electors of his or her party of his or her congressional district. (f) If for a candidate for trustee of a sanitary district in which trustees are not elected from wards, by at least .5% of the primary electors of his party, from such sanitary district. (g) If for a candidate for trustee of a sanitary district in which the trustees are elected from wards, by at least .5% of the primary electors of his party in his ward of such sanitary district, except that for the first primary following a reapportionment of the district such petitions shall be signed by at least 150 qualified primary electors of the candidate's ward of such sanitary district. (h) The number of signatures required for a candidate for judicial office in a district, circuit, or subcircuit shall be 0.25% of the number of votes cast for the judicial candidate of his or her political party who received the highest number of votes at the last regular general election at which a judicial officer from the same district, circuit, or subcircuit was regularly scheduled to be elected, but in no event shall be less than 500 signatures If for a candidate for judicial office, by at least 500 qualified primary electors of his or her judicial district, circuit, or subcircuit, as the case may be. (i) If for a candidate for precinct committeeman, by at least 10 primary electors of his or her party of his or her precinct; if for a candidate for ward committeeman, by not less than 10% nor more than 16% (or 50 more than the minimum, whichever is greater) of the primary electors of his party of his ward; if for a candidate for township committeeman, by not less than 5% nor more than 8% (or 50 more than the minimum, whichever is greater) of the primary electors of his party in his township or part of a township as the case may be. (j) If for a candidate for State's Attorney or Regional Superintendent of Schools to serve 2 or more counties, by at least .5% of the primary electors of his party in the territory comprising such counties. (k) If for any other office by at least .5% of the total number of registered voters of the political subdivision, district or division for which the nomination is made or a minimum of 25, whichever is greater. For the purposes of this Section the number of primary electors shall be determined by taking the total vote cast, in the applicable district, for the candidate for such political party who received the highest number of votes, state-wide, at the last general election in the State at which electors for President of the United States were elected. For political subdivisions, the number of primary electors shall be determined by taking the total vote cast for the candidate for such political party who received the highest number of votes in such political subdivision at the last regular election at which an
HOUSE OF REPRESENTATIVES 6053 officer was regularly scheduled to be elected from that subdivision. For wards or districts of political subdivisions, the number of primary electors shall be determined by taking the total vote cast for the candidate for such political party who received the highest number of votes in such ward or district at the last regular election at which an officer was regularly scheduled to be elected from that ward or district. A "qualified primary elector" of a party may not sign petitions for or be a candidate in the primary of more than one party. (Source: P.A. 87-1052; 88-89; revised 1-26-99.) Section 10. The Revised Cities and Villages Act of 1941 is amended by changing Section 21-14 as follows: (65 ILCS 20/21-14) (from Ch. 24, par. 21-14) Sec. 21-14. Member residency before election; member not to hold other office. (a) No member may be elected or appointed to the city council after the effective date of this amendatory Act of the 91st General Assembly unless he or she has resided in the ward he or she seeks to represent at least 2 years before the date of the election or appointment. In the election following redistricting, a candidate for alderman may be elected from any ward containing a part of the ward in which he or she resided for the 2 years before the election that follows the redistricting and may be reelected from the new ward he or she represents if he or she resides in that ward for 18 months before the reelection. (b) No member of the city council shall at the same time hold any other civil service office under the federal, state or city government, except if such member is granted a leave of absence from such civil service office, or except in the National Guard, or as a notary public, and except such honorary offices as go by appointment without compensation. (Source: P.A. 83-1331.) 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. 4 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 Wojcik, SENATE BILL 956 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 22) 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. CONFERENCE COMMITTEE REPORTS
6054 JOURNAL OF THE [May 26, 1999] Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendment No. 1 to HOUSE BILL 1845, submitted to the House previously, was taken up for consideration. Representative Cross moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 23) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 366 Offered by Representative Daniels: WHEREAS, The Internet can be an educational and entertainment medium, it can also pose great hazards to children by providing inappropriate access to certain materials and people that they would be prohibited from encountering; and WHEREAS, Estimates show that in May 1997, nearly 10 million children were online either at home, at school, or in the community - a five fold increase from fall, 1995; and WHEREAS, It is estimated that more than 45 million children will be online by the year 2002, and since the establishment of the "CyberTipline" program, that program has received more than 7,000 reports of online enticement and transmission of sexually explicit images, many resulting in arrests; and WHEREAS, For the 50 million children now in United States elementary and secondary schools, 27% of classrooms have Internet access and 78% of schools have some kind of access to the Internet; and WHEREAS, Just as there are people intent on harming our children at the playground, now there are people intent on harming our children through the Internet in chat rooms by providing access to the sale of illegal ammunition and weapons and exposing children to hateful propaganda; and WHEREAS, As parents, teachers, and mentors, we must protect our children from information that can harm them and prohibit access to information that would show them how to harm others; and WHEREAS, It is often possible for someone with the right tools and expertise to figure out where a transmission is coming from, and sometimes where the sender is located; and WHEREAS, Rating systems have been developed for movies, television, and other materials; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there be created a task force to study the establishment of a website rating system to provide parents and teachers with the information necessary to make informed decisions concerning the Internet materials viewed and utilized by children; and be it further RESOLVED, That the task force shall consist of the Chairperson and Spokesperson from the House Committee on Judiciary-1 (Civil Law); the Chairperson and Spokesperson from the House Committee on Computer Technology; four appointments each by the Speaker of the House and
HOUSE OF REPRESENTATIVES 6055 the House Minority Leader, who shall be either representatives of the school community or parents with school-age children; the Superintendent of the State Board of Education; the Attorney General or his designee; the Governor or his designee; and two additional appointments made by the Governor of persons who shall have training in child psychology with emphasis or training on Internet crimes; and be it further RESOLVED, That the task force shall report its findings by January 1, 2000 to the Governor, the Illinois General Assembly, the Illinois Attorney General, the Illinois delegates of the United States Congress, and the Federal Communications Commission; and be it further RESOLVED, That suitable copies of this resolution be forwarded to the Governor and the Attorney General. HOUSE JOINT RESOLUTION 29 Offered by Representative Saviano: WHEREAS, Nearly every county in the State of Illinois has an annual county fair; and WHEREAS, Cook County does not have a county fair; and WHEREAS, Agriculture is one of the most important industries in Illinois and the county fair is one of the most important places for citizens to learn about agriculture in the State; and WHEREAS, County fairs are productive social events for local communities; and WHEREAS, Cook County is the home of a large segment of the State's population; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the General Assembly urges General Revenue Fund funding and Department of Agriculture support for a Cook County Fair. At the hour of 8:52 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, May 27, 1999, at 9:30 o'clock a.m. The motion prevailed. And the House stood adjourned.
6056 JOURNAL OF THE [May 26, 1999] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 26, 1999 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P FOWLER P LINDNER P RIGHTER P BASSI P FRANKS P LOPEZ P RONEN P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK P GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,JERRYP SLONE P BURKE P HOEFT P MOFFITT P SMITH E 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 P KLINGLER P PARKE E WOJCIK P DELGADO P KOSEL P PERSICO P WOOLARD P DURKIN P KRAUSE P POE P YOUNGE P ERWIN P LANG E PUGH P ZICKUS P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER P FLOWERS P LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6057 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 953 ELEC CD-PRIMARY EXPENSE-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO. 2 CONCURRED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6058 JOURNAL OF THE [May 26, 1999] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 460 CIV PRO-COSTS-POOR PERSONS MOTION TO RECEDE FROM HOUSE AMENDMENT NO. 3 ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6059 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1207 VET AFFRS-GREAT LAKES HOME MOTION TO RECEDE FROM HOUSE AMENDMENT NO. 1 ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6060 JOURNAL OF THE [May 26, 1999] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 427 ASSISTED LIVING-SHARED HOUSING ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6061 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1670 SCH CD-HIGH SCH CERT-TECHNICAL ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6062 JOURNAL OF THE [May 26, 1999] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 73 MEAT-POULTRY INSPECTION-TECH ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 1999 104 YEAS 10 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 N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG N McCARTHY N SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG A McKEON Y SHARP N BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD N HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON N HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE N 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 N DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE E WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6063 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 171 MUNI CD-DEPUTY POL&FIRE CHIEFS ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6064 JOURNAL OF THE [May 26, 1999] NO. 9 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 648 SCH CD-CHARTER SCH-RULES-TECH ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 1999 113 YEAS 0 NAYS 1 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 A DAVIS,MONIQUE Y KENNER Y PANKAU Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6065 NO. 10 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 656 LIQUOR CONTROL ACT-LICENSE ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 1999 67 YEAS 48 NAYS 0 PRESENT Y ACEVEDO N FOWLER N 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 N RYDER Y BIGGINS N GASH N MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO N SCHMITZ N BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY N SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH E CAPPARELLI N HOFFMAN Y MOORE N SOMMER Y COULSON N HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY Y TENHOUSE Y CROTTY N 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 Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD N DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6066 JOURNAL OF THE [May 26, 1999] NO. 11 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2166 CHIP ACT PHYSICAL IMMUNIZE 16 ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6067 NO. 12 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 311 DOT-PROPERTY LEASES-GOVERNMENT THIRD READING PASSED MAY 26, 1999 80 YEAS 34 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND P GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH E CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY Y OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD N DURKIN Y KRAUSE N POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6068 JOURNAL OF THE [May 26, 1999] NO. 13 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 452 CIV PRO-QUICK TAKE-PROPERTY ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 1999 71 YEAS 42 NAYS 2 PRESENT Y ACEVEDO Y FOWLER Y LINDNER N RIGHTER Y BASSI N FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO N BLACK N GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE N SCHOENBERG Y BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE P SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH E CAPPARELLI Y 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 N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN N CURRY N JONES,JOHN N O'BRIEN N WAIT Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL N DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ P MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6069 NO. 14 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1125 HOUSING AUTHS-REDEVLPMNT GRANT THIRD READING PASSED MAY 26, 1999 62 YEAS 51 NAYS 0 PRESENT Y ACEVEDO N FOWLER Y LINDNER N RIGHTER N BASSI N FRANKS Y LOPEZ Y RONEN Y BEAUBIEN Y FRITCHEY N LYONS,EILEEN Y RUTHERFORD N BELLOCK N GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS N GASH Y MATHIAS Y SAVIANO Y BLACK N GIGLIO A MAUTINO N SCHMITZ N BOLAND Y GILES Y McAULIFFE N SCHOENBERG N BOST Y GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY N BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH E CAPPARELLI N HOFFMAN Y MOORE N SOMMER N COULSON N HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER Y CROSS N HULTGREN Y MURPHY N TENHOUSE N CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN N O'BRIEN Y WAIT Y DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y PANKAU N WIRSING A DAVIS,STEVE N KLINGLER N PARKE E WOJCIK Y DELGADO N KOSEL Y PERSICO Y WOOLARD Y DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER N REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6070 JOURNAL OF THE [May 26, 1999] NO. 15 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 26 CIV PRO-EMINENT DOMAIN-TECH SECOND READING - AMENDMENT NO. 2 ADOPTED MAY 26, 1999 61 YEAS 53 NAYS 1 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN N BEAUBIEN N FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS Y SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT P BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYN SLONE Y BURKE N HOEFT N MOFFITT Y SMITH E CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU Y O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK Y DELGADO N KOSEL N PERSICO Y WOOLARD Y DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6071 NO. 16 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 242 CONDO PROP-BRD ACTN-ATTNY FEES ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6072 JOURNAL OF THE [May 26, 1999] NO. 17 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 336 ILLINOIS GROWTH TASK FORCE ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6073 NO. 18 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 251 COOPERATIVE EXTEN-HEALTH INSUR THIRD READING PASSED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6074 JOURNAL OF THE [May 26, 1999] NO. 19 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 55 PEN CD-DNST TCHR-EARLY RETMT THIRD READING PASSED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6075 NO. 20 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 856 PEN CD-TECHNICAL THIRD READING PASSED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6076 JOURNAL OF THE [May 26, 1999] NO. 21 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 956 ELECT CD-COMMISSIONERS TERMS SECOND READING - AMENDMENT NO. 3 SHALL THE CHAIR BE SUSTAINED PREVAILED MAY 26, 1999 60 YEAS 55 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER N RIGHTER N BASSI Y FRANKS Y LOPEZ Y RONEN N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS N SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRYY SLONE Y BURKE N HOEFT N MOFFITT Y SMITH E CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER N PANKAU N WIRSING Y DAVIS,STEVE N KLINGLER N PARKE E WOJCIK Y DELGADO N KOSEL N PERSICO Y WOOLARD N DURKIN N KRAUSE N POE Y YOUNGE Y ERWIN Y LANG E PUGH N ZICKUS Y FEIGENHOLTZ N LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS N LEITCH E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 6077 NO. 22 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 956 ELECT CD-COMMISSIONERS TERMS THIRD READING PASSED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYY SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence
6078 JOURNAL OF THE [May 26, 1999] NO. 23 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1845 CUSTODY-GRANDPARENT VISITATION ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 26, 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 Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN A 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 E 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 Y KLINGLER Y PARKE E WOJCIK Y DELGADO Y KOSEL Y PERSICO Y WOOLARD Y DURKIN Y KRAUSE Y POE Y YOUNGE Y ERWIN Y LANG E PUGH Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y REITZ Y MR. SPEAKER Y FLOWERS Y LEITCH E - Denotes Excused Absence

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