STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
41ST LEGISLATIVE DAY
THURSDAY, APRIL 5, 2001
11:00 O'CLOCK A.M.
NO. 41
[April 5, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 41st Legislative Day Action Page(s) Adjournment........................................ 347 Balanced Budget Note Supplied...................... 12 Committee on Rules Referrals....................... 10 Fiscal Note Requested.............................. 11 Fiscal Note Supplied............................... 12 Fiscal Note Withdrawn.............................. 12 Home Rule Notes Supplied........................... 12 Letter of Transmittal.............................. 9 Quorum Roll Call................................... 9 Request for Home Rule Note......................... 12 State Debt Impact Note Requested................... 12 State Debt Impact Note Supplied.................... 12 State Mandates Note Withdrawn...................... 12 State Mandates Notes Supplied...................... 12 Temporary Committee Assignments.................... 9 Bill Number Legislative Action Page(s) HB 0060 Third Reading...................................... 49 HB 0063 Committee Report-Floor Amendment/s................. 19 HB 0063 Second Reading - Amendment/s....................... 88 HB 0280 Third Reading...................................... 31 HB 0300 Third Reading...................................... 37 HB 0383 Motion Submitted................................... 11 HB 0403 Committee Report-Floor Amendment/s................. 10 HB 0403 Second Reading - Amendment/s....................... 289 HB 0430 Third Reading...................................... 185 HB 0473 Third Reading...................................... 171 HB 0505 Third Reading...................................... 45 HB 0546 Third Reading...................................... 44 HB 0618 Second Reading - Amendment/s....................... 171 HB 0618 Third Reading...................................... 183 HB 0625 Third Reading...................................... 35 HB 0632 Third Reading...................................... 31 HB 0640 Committee Report-Floor Amendment/s................. 20 HB 0705 Committee Report................................... 20 HB 0705 Second Reading..................................... 221 HB 0705 Second Reading..................................... 35 HB 0760 Committee Report-Floor Amendment/s................. 10 HB 0760 Second Reading - Amendment/s....................... 252 HB 0774 Committee Report-Floor Amendment/s................. 22 HB 0774 Second Reading - Amendment/s....................... 218 HB 0849 Second Reading..................................... 48 HB 0849 Third Reading...................................... 48 HB 0914 Committee Report-Floor Amendment/s................. 23 HB 0914 Motion Submitted................................... 11 HB 0914 Second Reading - Amendment/s....................... 35 HB 0914 Third Reading...................................... 36 HB 0953 Third Reading...................................... 31 HB 1094 Second Reading - Amendment/s....................... 46 HB 1094 Third Reading...................................... 46 HB 1330 Committee Report-Floor Amendment/s................. 18 HB 1330 Committee Report-Floor Amendment/s................. 10 HB 1330 Second Reading - Amendment/s....................... 57 HB 1330 Third Reading...................................... 87 HB 1356 Committee Report-Floor Amendment/s................. 23 HB 1356 Second Reading - Amendment/s....................... 221
3 [April 5, 2001] Bill Number Legislative Action Page(s) HB 1492 Committee Report-Floor Amendment/s................. 20 HB 1630 Committee Report-Floor Amendment/s................. 23 HB 1630 Second Reading - Amendment/s....................... 245 HB 1695 Third Reading...................................... 34 HB 1712 Third Reading...................................... 46 HB 1728 Committee Report-Floor Amendment/s................. 18 HB 1728 Second Reading - Amendment/s....................... 167 HB 1728 Third Reading...................................... 169 HB 1741 Third Reading...................................... 45 HB 1825 Third Reading...................................... 46 HB 1887 Committee Report-Floor Amendment/s................. 19 HB 1887 Second Reading - Amendment/s....................... 333 HB 1887 Second Reading - Amendment/s....................... 211 HB 1904 Committee Report-Floor Amendment/s................. 10 HB 1904 Second Reading - Amendment/s....................... 294 HB 1914 Third Reading...................................... 48 HB 1915 Third Reading...................................... 33 HB 1935 Committee Report-Floor Amendment/s................. 10 HB 1935 Second Reading - Amendment/s....................... 345 HB 1954 Committee Report-Floor Amendment/s................. 23 HB 1954 Second Reading - Amendment/s....................... 219 HB 1956 Third Reading...................................... 34 HB 1975 Third Reading...................................... 46 HB 2079 Recall............................................. 346 HB 2087 Committee Report-Floor Amendment/s................. 22 HB 2087 Second Reading - Amendment/s....................... 190 HB 2110 Third Reading...................................... 46 HB 2138 Third Reading...................................... 170 HB 2204 Third Reading...................................... 48 HB 2207 Committee Report-Floor Amendment/s................. 21 HB 2207 Second Reading - Amendment/s....................... 185 HB 2259 Committee Report-Floor Amendment/s................. 24 HB 2259 Second Reading - Amendment/s....................... 208 HB 2263 Committee Report-Floor Amendment/s................. 24 HB 2263 Second Reading - Amendment/s....................... 193 HB 2271 Committee Report-Floor Amendment/s................. 23 HB 2271 Second Reading - Amendment/s....................... 197 HB 2276 Third Reading...................................... 32 HB 2282 Committee Report-Floor Amendment/s................. 21 HB 2282 Second Reading - Amendment/s....................... 190 HB 2283 Committee Report-Floor Amendment/s................. 18 HB 2283 Second Reading - Amendment/s....................... 130 HB 2283 Third Reading...................................... 167 HB 2298 Third Reading...................................... 48 HB 2358 Third Reading...................................... 51 HB 2377 Third Reading...................................... 34 HB 2382 Committee Report-Floor Amendment/s................. 10 HB 2382 Second Reading - Amendment/s....................... 35 HB 2382 Third Reading...................................... 49 HB 2382 Third Reading...................................... 87 HB 2390 Committee Report-Floor Amendment/s................. 10 HB 2390 Second Reading - Amendment/s....................... 295 HB 2400 Second Reading..................................... 170 HB 2400 Third Reading...................................... 170 HB 2419 Third Reading...................................... 34 HB 2426 Committee Report-Floor Amendment/s................. 10 HB 2426 Second Reading - Amendment/s....................... 296 HB 2432 Third Reading...................................... 35 HB 2437 Third Reading...................................... 32 HB 2438 Third Reading...................................... 33 HB 2502 Third Reading...................................... 47 HB 2531 Third Reading...................................... 170 HB 2548 Third Reading...................................... 33 HB 2565 Committee Report-Floor Amendment/s................. 10
[April 5, 2001] 4 Bill Number Legislative Action Page(s) HB 2565 Second Reading - Amendment/s....................... 297 HB 2566 Third Reading...................................... 32 HB 2575 Committee Report-Floor Amendment/s................. 10 HB 2575 Second Reading - Amendment/s....................... 297 HB 2576 Committee Report-Floor Amendment/s................. 19 HB 2576 Second Reading - Amendment/s....................... 336 HB 2595 Committee Report-Floor Amendment/s................. 23 HB 2595 Second Reading - Amendment/s....................... 246 HB 2603 Committee Report-Floor Amendment/s................. 24 HB 2603 Second Reading - Amendment/s....................... 247 HB 2662 Committee Report-Floor Amendment/s................. 22 HB 2662 Second Reading - Amendment/s....................... 37 HB 2662 Third Reading...................................... 44 HB 2740 Committee Report-Floor Amendment/s................. 22 HB 2740 Second Reading - Amendment/s....................... 251 HB 2807 Third Reading...................................... 32 HB 2834 Committee Report-Floor Amendment/s................. 19 HB 2834 Second Reading - Amendment/s....................... 248 HB 2835 Committee Report-Floor Amendment/s................. 19 HB 2847 Committee Report-Floor Amendment/s................. 22 HB 2847 Second Reading - Amendment/s....................... 249 HB 3008 Third Reading...................................... 34 HB 3011 Third Reading...................................... 36 HB 3037 Third Reading...................................... 31 HB 3069 Second Reading - Amendment/s....................... 183 HB 3069 Third Reading...................................... 185 HB 3071 Second Reading..................................... 45 HB 3071 Third Reading...................................... 45 HB 3073 Motion............................................. 48 HB 3073 Motion............................................. 47 HB 3073 Motion Submitted................................... 11 HB 3073 Motion Submitted................................... 11 HB 3073 Third Reading...................................... 185 HB 3073 Third Reading...................................... 47 HB 3097 Committee Report-Floor Amendment/s................. 10 HB 3097 Second Reading - Amendment/s....................... 294 HB 3123 Committee Report-Floor Amendment/s................. 21 HB 3123 Second Reading - Amendment/s....................... 214 HB 3128 Third Reading...................................... 49 HB 3131 Second Reading..................................... 185 HB 3131 Third Reading...................................... 185 HB 3157 Third Reading...................................... 45 HB 3188 Committee Report-Floor Amendment/s................. 20 HB 3188 Second Reading - Amendment/s....................... 49 HB 3188 Third Reading...................................... 51 HB 3212 Third Reading...................................... 37 HB 3224 Second Reading..................................... 336 HB 3231 Committee Report-Floor Amendment/s................. 10 HB 3231 Second Reading - Amendment/s....................... 251 HB 3241 Third Reading...................................... 45 HB 3292 Third Reading...................................... 37 HB 3364 Second Reading..................................... 49 HB 3364 Third Reading...................................... 49 HB 3373 Committee Report-Floor Amendment/s................. 10 HB 3373 Second Reading - Amendment/s....................... 298 HB 3375 Second Reading..................................... 345 HB 3521 Second Reading - Amendment/s....................... 169 HB 3521 Third Reading...................................... 170 HB 3525 Third Reading...................................... 170 HB 3538 Committee Report-Floor Amendment/s................. 21 HB 3538 Second Reading - Amendment/s....................... 215 HB 3576 Third Reading...................................... 33 HB 3579 Committee Report-Floor Amendment/s................. 18 HB 3579 Second Reading - Amendment/s....................... 51
5 [April 5, 2001] Bill Number Legislative Action Page(s) HB 3579 Third Reading...................................... 52 HB 3581 Committee Report-Floor Amendment/s................. 18 HB 3581 Second Reading - Amendment/s....................... 52 HB 3581 Third Reading...................................... 54 HB 3583 Committee Report-Floor Amendment/s................. 18 HB 3583 Second Reading - Amendment/s....................... 54 HB 3583 Third Reading...................................... 56 HJR 0024 Resolution......................................... 27 HJR 0025 Resolution......................................... 30 HJR 0025 Resolution......................................... 30 HJR 0027 Resolution......................................... 32 HR 0027 Adoption........................................... 47 HR 0027 Committee Report................................... 10 HR 0187 Committee Report................................... 23 HR 0194 Resolution......................................... 25 HR 0196 Resolution......................................... 26 HR 0200 Resolution......................................... 26 HR 0201 Agreed Resolution.................................. 27 HR 0202 Agreed Resolution.................................. 28 HR 0204 Agreed Resolution.................................. 28 HR 0205 Agreed Resolution.................................. 29 SB 0010 First Reading...................................... 346 SB 0010 Senate Message - Passage of Senate Bill............ 13 SB 0021 First Reading...................................... 346 SB 0021 Senate Message - Passage of Senate Bill............ 13 SB 0022 First Reading...................................... 346 SB 0022 Senate Message - Passage of Senate Bill............ 13 SB 0024 Senate Message - Passage of Senate Bill............ 16 SB 0028 First Reading...................................... 36 SB 0030 First Reading...................................... 36 SB 0032 First Reading...................................... 346 SB 0032 Senate Message - Passage of Senate Bill............ 13 SB 0038 First Reading...................................... 346 SB 0039 Senate Message - Passage of Senate Bill............ 16 SB 0042 Senate Message - Passage of Senate Bill............ 13 SB 0048 First Reading...................................... 346 SB 0048 Senate Message - Passage of Senate Bill............ 13 SB 0055 First Reading...................................... 34 SB 0062 First Reading...................................... 346 SB 0062 Senate Message - Passage of Senate Bill............ 13 SB 0071 First Reading...................................... 346 SB 0071 Senate Message - Passage of Senate Bill............ 13 SB 0074 First Reading...................................... 346 SB 0075 First Reading...................................... 36 SB 0078 First Reading...................................... 36 SB 0114 First Reading...................................... 346 SB 0114 Senate Message - Passage of Senate Bill............ 16 SB 0118 First Reading...................................... 346 SB 0118 Senate Message - Passage of Senate Bill............ 13 SB 0138 First Reading...................................... 36 SB 0151 First Reading...................................... 346 SB 0151 Senate Message - Passage of Senate Bill............ 13 SB 0161 First Reading...................................... 346 SB 0163 First Reading...................................... 346 SB 0163 Senate Message - Passage of Senate Bill............ 16 SB 0164 First Reading...................................... 34 SB 0173 First Reading...................................... 36 SB 0188 Senate Message - Passage of Senate Bill............ 13 SB 0208 First Reading...................................... 34 SB 0209 First Reading...................................... 36 SB 0213 Senate Message - Passage of Senate Bill............ 16 SB 0216 First Reading...................................... 36 SB 0233 First Reading...................................... 36 SB 0250 Senate Message - Passage of Senate Bill............ 13
[April 5, 2001] 6 Bill Number Legislative Action Page(s) SB 0269 First Reading...................................... 346 SB 0269 Senate Message - Passage of Senate Bill............ 13 SB 0273 First Reading...................................... 346 SB 0284 First Reading...................................... 36 SB 0318 First Reading...................................... 36 SB 0330 First Reading...................................... 36 SB 0333 First Reading...................................... 346 SB 0333 Senate Message - Passage of Senate Bill............ 16 SB 0356 First Reading...................................... 346 SB 0356 Senate Message - Passage of Senate Bill............ 16 SB 0358 First Reading...................................... 34 SB 0373 First Reading...................................... 36 SB 0385 First Reading...................................... 346 SB 0385 Senate Message - Passage of Senate Bill............ 13 SB 0394 First Reading...................................... 346 SB 0397 First Reading...................................... 36 SB 0401 First Reading...................................... 36 SB 0417 First Reading...................................... 36 SB 0430 First Reading...................................... 36 SB 0434 Senate Message - Passage of Senate Bill............ 13 SB 0435 First Reading...................................... 346 SB 0435 Senate Message - Passage of Senate Bill............ 14 SB 0437 First Reading...................................... 346 SB 0437 Senate Message - Passage of Senate Bill............ 14 SB 0447 First Reading...................................... 346 SB 0447 Senate Message - Passage of Senate Bill............ 14 SB 0449 First Reading...................................... 34 SB 0461 First Reading...................................... 36 SB 0494 First Reading...................................... 36 SB 0496 First Reading...................................... 34 SB 0497 First Reading...................................... 34 SB 0500 First Reading...................................... 346 SB 0500 Senate Message - Passage of Senate Bill............ 14 SB 0508 First Reading...................................... 34 SB 0510 First Reading...................................... 36 SB 0518 First Reading...................................... 36 SB 0526 First Reading...................................... 36 SB 0527 First Reading...................................... 36 SB 0528 First Reading...................................... 36 SB 0531 First Reading...................................... 346 SB 0538 First Reading...................................... 34 SB 0539 First Reading...................................... 36 SB 0542 First Reading...................................... 36 SB 0547 First Reading...................................... 346 SB 0550 First Reading...................................... 36 SB 0556 First Reading...................................... 346 SB 0571 First Reading...................................... 36 SB 0573 First Reading...................................... 34 SB 0575 First Reading...................................... 346 SB 0602 First Reading...................................... 36 SB 0603 First Reading...................................... 346 SB 0603 Senate Message - Passage of Senate Bill............ 14 SB 0606 First Reading...................................... 36 SB 0608 First Reading...................................... 346 SB 0608 Senate Message - Passage of Senate Bill............ 16 SB 0627 First Reading...................................... 346 SB 0627 Senate Message - Passage of Senate Bill............ 14 SB 0629 First Reading...................................... 346 SB 0629 Senate Message - Passage of Senate Bill............ 17 SB 0633 First Reading...................................... 34 SB 0635 First Reading...................................... 36 SB 0636 First Reading...................................... 346 SB 0636 Senate Message - Passage of Senate Bill............ 13 SB 0638 First Reading...................................... 34
7 [April 5, 2001] Bill Number Legislative Action Page(s) SB 0653 Senate Message - Passage of Senate Bill............ 13 SB 0663 First Reading...................................... 346 SB 0663 Senate Message - Passage of Senate Bill............ 17 SB 0677 First Reading...................................... 36 SB 0694 First Reading...................................... 346 SB 0694 Senate Message - Passage of Senate Bill............ 17 SB 0699 First Reading...................................... 36 SB 0713 First Reading...................................... 34 SB 0717 First Reading...................................... 346 SB 0717 Senate Message - Passage of Senate Bill............ 17 SB 0721 First Reading...................................... 346 SB 0721 Senate Message - Passage of Senate Bill............ 17 SB 0725 Senate Message - Passage of Senate Bill............ 14 SB 0727 First Reading...................................... 36 SB 0729 First Reading...................................... 346 SB 0729 Senate Message - Passage of Senate Bill............ 14 SB 0747 First Reading...................................... 36 SB 0750 First Reading...................................... 346 SB 0750 Senate Message - Passage of Senate Bill............ 17 SB 0751 First Reading...................................... 36 SB 0795 First Reading...................................... 36 SB 0796 First Reading...................................... 346 SB 0796 Senate Message - Passage of Senate Bill............ 14 SB 0797 First Reading...................................... 346 SB 0797 Senate Message - Passage of Senate Bill............ 14 SB 0814 First Reading...................................... 34 SB 0826 First Reading...................................... 34 SB 0832 First Reading...................................... 346 SB 0832 Senate Message - Passage of Senate Bill............ 17 SB 0834 First Reading...................................... 34 SB 0845 First Reading...................................... 34 SB 0847 First Reading...................................... 346 SB 0847 Senate Message - Passage of Senate Bill............ 17 SB 0856 First Reading...................................... 34 SB 0860 First Reading...................................... 34 SB 0885 First Reading...................................... 36 SB 0887 First Reading...................................... 34 SB 0899 First Reading...................................... 346 SB 0902 First Reading...................................... 36 SB 0914 First Reading...................................... 36 SB 0921 First Reading...................................... 346 SB 0921 Senate Message - Passage of Senate Bill............ 14 SB 0926 First Reading...................................... 36 SB 0930 First Reading...................................... 346 SB 0930 Senate Message - Passage of Senate Bill............ 17 SB 0932 First Reading...................................... 36 SB 0933 First Reading...................................... 346 SB 0933 Senate Message - Passage of Senate Bill............ 17 SB 0938 First Reading...................................... 36 SB 0940 First Reading...................................... 34 SB 0941 First Reading...................................... 346 SB 0941 Senate Message - Passage of Senate Bill............ 17 SB 0943 Senate Message - Passage of Senate Bill............ 17 SB 0945 First Reading...................................... 36 SB 0961 First Reading...................................... 36 SB 0965 First Reading...................................... 34 SB 0975 First Reading...................................... 36 SB 0979 First Reading...................................... 36 SB 0980 First Reading...................................... 36 SB 0993 Senate Message - Passage of Senate Bill............ 14 SB 1011 Senate Message - Passage of Senate Bill............ 14 SB 1014 First Reading...................................... 36 SB 1017 First Reading...................................... 36 SB 1024 First Reading...................................... 346
[April 5, 2001] 8 Bill Number Legislative Action Page(s) SB 1026 First Reading...................................... 36 SB 1035 First Reading...................................... 34 SB 1039 First Reading...................................... 34 SB 1047 First Reading...................................... 346 SB 1047 Senate Message - Passage of Senate Bill............ 17 SB 1050 First Reading...................................... 36 SB 1065 First Reading...................................... 36 SB 1069 First Reading...................................... 346 SB 1069 Senate Message - Passage of Senate Bill............ 14 SB 1089 First Reading...................................... 36 SB 1102 First Reading...................................... 36 SB 1116 First Reading...................................... 36 SB 1117 First Reading...................................... 36 SB 1126 First Reading...................................... 34 SB 1128 First Reading...................................... 36 SB 1151 First Reading...................................... 36 SB 1174 First Reading...................................... 34 SB 1175 First Reading...................................... 36 SB 1180 Senate Message - Passage of Senate Bill............ 17 SB 1190 First Reading...................................... 346 SB 1190 Senate Message - Passage of Senate Bill............ 14 SB 1225 First Reading...................................... 36 SB 1240 First Reading...................................... 36 SB 1241 Senate Message - Passage of Senate Bill............ 14 SB 1254 First Reading...................................... 346 SB 1254 Senate Message - Passage of Senate Bill............ 16 SB 1258 First Reading...................................... 346 SB 1258 Senate Message - Passage of Senate Bill............ 16 SB 1262 First Reading...................................... 346 SB 1262 Senate Message - Passage of Senate Bill............ 16 SB 1289 First Reading...................................... 34 SB 1294 First Reading...................................... 36 SB 1297 First Reading...................................... 346 SB 1305 First Reading...................................... 36 SB 1309 First Reading...................................... 346 SB 1309 Senate Message - Passage of Senate Bill............ 16 SB 1341 First Reading...................................... 346 SB 1341 Senate Message - Passage of Senate Bill............ 16 SB 1348 First Reading...................................... 34 SB 1497 First Reading...................................... 346 SB 1497 Senate Message - Passage of Senate Bill............ 18 SB 1504 First Reading...................................... 346 SB 1504 Senate Message - Passage of Senate Bill............ 17 SB 1521 Senate Message - Passage of Senate Bill............ 17 SB 1522 First Reading...................................... 346 SJR 0021 Adoption........................................... 167 SJR 0021 Committee Report................................... 10 SJR 0021 Senate Message..................................... 15
9 [April 5, 2001] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Morrow led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Stephens and Yarbrough were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Forby, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative John Turner will replace Representative Parke, Representative Tenhouse will replace Representative Hultgren, Representative John Jones will replace Representative Durkin, and Representative Bost will replace Representative Beaubien in the Committee on Environment & Energy, for today only. Representative Brady replaced Representative Beaubien in the Committee on Environment & Energy on April 2, 2001. Representative Lindner replaced Representative Schmitz in the Committee on The Disabled Community on April 2, 2001. Representative Coulson replaced Representative Bellock in the Committee on Human Services on April 3, 2001. Representative Bost replaced Representative Ryder in the Committee on Rules on April 4, 2001. Representative Kosel replaced Representative Rutherford in the Committee on Executive on April 4, 2001. Representative Bill Mitchell will replace Representative Winkel in the Committee on Higher Education, for today only. LETTER OF TRANSMITTAL JACK D. FRANKS State Representative - 63rd District Tony Rossi Clerk of the House The House of Representatives 402 Capitol Springfield, IL 62706 Dear Clerk Rossi: I have a potential conflict of interest with the subject material in House Bill 2531. I am therefore voting present. I request that the record reflect my present vote due to my potential conflict of interest. Sincerely, s/Jack D. Franks State Representative 63rd District
[April 5, 2001] 10 REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to HOUSE BILL 1904. Amendment No. 1 to HOUSE BILL 2382. Amendment No. 2 to HOUSE BILL 2390. Amendment No. 2 to HOUSE BILL 2426. Amendments numbered 2 and 3 to HOUSE BILL 2565. Amendment No. 3 to HOUSE BILL 2575. Amendment No. 1 to HOUSE BILL 3231. Amendment No. 2 to HOUSE BILL 3373. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 27. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn 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. 5 to HOUSE BILL 760. Amendment No. 4 to HOUSE BILL 1330. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: SENATE JOINT RESOLUTION 21. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder A Hannig Y Tenhouse, Spkpn 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. 5 to HOUSE BILL 403. Amendment No. 1 to HOUSE BILL 1935. Amendment No. 1 to HOUSE BILL 3097. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder A Hannig Y Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Children & Youth: House Amendment 1 to HOUSE BILL
11 [April 5, 2001] 236. Committee on Conservation & Land Use: House Amendment 2 to HOUSE BILL 3060. Committee on Environment & Energy: House Amendment 1 to HOUSE BILL 1776 and House Amendment 3 to HOUSE BILL 1887. Committee on Executive: House Amendment 4 to HOUSE BILL 279 and House Amendment 1 to HOUSE BILL 2115. Committee on Health Care Availability & Access: House Amendment 4 to HOUSE BILL 246. Committee on Higher Education: House Amendment 1 to HOUSE BILL 2588. House Amendment 1 to HOUSE BILL 2634. Committee on Registration & Regulation: House Amendment 1 to HOUSE BILL 1805. Committee on Financial Institutions: House Amendment 4 to HOUSE BILL 2538. MOTIONS SUBMITTED Representative Currie submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which House Bill No. 914 passed the House earlier today. Representative Burke submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which House Bill No. 3073 passed the House earlier today. Representative Wojcik submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which House Bill No. 3073 passed the House earlier today. Representative Granberg submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which House Bill No. 383 lost in the House on April 4, 2001. REQUEST FOR FISCAL NOTE Representative May requested that a Fiscal Note be supplied for HOUSE BILL 2576. Representative Moore requested that a Fiscal Note be supplied for HOUSE BILL 2576, as amended. Representative Parke requested that a Fiscal Note be supplied for HOUSE BILL 2382, as amended. Representative Tenhouse requested that a Fiscal Note be supplied for HOUSE BILL 63, as amended. Representative Black requested that a Fiscal Note be supplied for HOUSE BILL 2740, as amended.
[April 5, 2001] 12 FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for HOUSE BILLS 618, as amended, 2382, as amended, and 3521, as amended. FISCAL NOTE WITHDRAWN Representative Parke withdrew his request for a Fiscal Note on HOUSE BILL 2382. STATE MANDATES NOTES SUPPLIED State Mandates Notes have been supplied for HOUSE BILLS 850, as amended, 2382, as amended, 2390, as amended and 2576, as amended. STATE MANDATES NOTE WITHDRAWN Representative Parke withdrew his request for a State Mandates Note on HOUSE BILL 2382. HOME RULE NOTES SUPPLIED Home Rule Notes have been supplied for HOUSE BILLS 850, as amended, 2382, as amended, 2435 and 2576, as amended. REQUEST FOR HOME RULE NOTE Representative Moore requested that a Home Rule Note be supplied for HOUSE BILL 2576, as amended. BALANCED BUDGET NOTE SUPPLIED Balanced Budget Notes have been supplied for HOUSE BILLS 618, as amended, and 3521, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Tenhouse requested that a State Debt Impact Note be supplied for HOUSE BILL 63, as amended. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for HOUSE BILL 63, 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 passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 10 A bill for AN ACT concerning telecommunications.
13 [April 5, 2001] SENATE BILL NO. 21 A bill for AN ACT concerning county sheriffs. SENATE BILL NO. 22 A bill for AN ACT concerning education. SENATE BILL NO. 32 A bill for AN ACT concerning sanitary districts. SENATE BILL NO. 42 A bill for AN ACT relating to genetic testing information. SENATE BILL NO. 48 A bill for AN ACT concerning corporate fiduciaries. SENATE BILL NO. 62 A bill for AN ACT to provide notification regarding employer responsibilities under the federal Worker Adjustment and Retraining Notification Act. SENATE BILL NO. 71 A bill for AN ACT concerning telecommunications. SENATE BILL NO. 118 A bill for AN ACT concerning judges. SENATE BILL NO. 151 A bill for AN ACT in relation to public aid. SENATE BILL NO. 188 A bill for AN ACT with regard to education. SENATE BILL NO. 250 A bill for AN ACT concerning trusts. SENATE BILL NO. 269 A bill for AN ACT concerning procurement. SENATE BILL NO. 385 A bill for AN ACT concerning counties. SENATE BILL NO. 434 A bill for AN ACT in relation to mental health. SENATE BILL NO. 636 A bill for AN ACT regarding schools. SENATE BILL NO. 653 A bill for AN ACT in relation to animals. Passed by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 10, 21, 22, 32, 42, 48, 62, 71, 118, 151, 188, 250, 269, 385, 434, 636 and 653 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 435
[April 5, 2001] 14 A bill for AN ACT in relation to criminal law. SENATE BILL NO. 437 A bill for AN ACT in relation to health. SENATE BILL NO. 447 A bill for AN ACT to amend the Illinois Dental Practice Act. SENATE BILL NO. 500 A bill for AN ACT in relation to senior citizens. SENATE BILL NO. 603 A bill for AN ACT in relation to economic assistance. SENATE BILL NO. 627 A bill for AN ACT concerning vehicles. SENATE BILL NO. 725 A bill for AN ACT concerning business organizations. SENATE BILL NO. 729 A bill for AN ACT concerning taxes. SENATE BILL NO. 796 A bill for AN ACT concerning unemployment insurance. SENATE BILL NO. 797 A bill for AN ACT concerning prizes and gifts. SENATE BILL NO. 921 A bill for AN ACT to amend the Illinois Procurement Code by changing Section 20-10. SENATE BILL NO. 993 A bill for AN ACT in relation to child support. SENATE BILL NO. 1011 A bill for AN ACT concerning criminal law. SENATE BILL NO. 1069 A bill for AN ACT in relation to drycleaning. SENATE BILL NO. 1190 A bill for AN ACT concerning the functions of the State Board of Education. SENATE BILL NO. 1241 A bill for AN ACT in relation to education. Passed by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 435, 437, 447, 500, 603, 627, 725, 729, 796, 797, 921, 993, 1011, 1069, 1190 and 1241 were ordered printed and to a First Reading. 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. 21
15 [April 5, 2001] WHEREAS, The Boeing Company has announced its decision to relocate its corporate headquarters from Seattle, where it has been located for 85 years; and WHEREAS, In relocating its headquarters, the Boeing Company is seeking access to global markets, cultural diversity, and a strong, pro-business environment; and WHEREAS, The Boeing Company has identified the Chicago metropolitan area as one of the 3 sites being considered for its new world headquarters; and WHEREAS, The Boeing Company will be working with the Governor and the General Assembly through the Department of Commerce and Community Affairs; and WHEREAS, The Chicago metropolitan area is the number one transportation hub in the United States, offering rail, air, and highway systems that criss-cross the nation and the world, with non-stop air service to 143 domestic destinations and 43 international destinations, offering access to growth opportunities around the globe; and WHEREAS, The Chicago metropolitan area is home to 67 Consuls General, 1,500 foreign-owned companies and hosts more trade shows with international participants than any other area of the country; and WHEREAS, The Chicago metropolitan area's world-class cultural richness not only shows in its multifaceted recreational opportunities, but also in its well-educated workforce and high quality of life; and WHEREAS, Illinois is home to 37 Fortune 500 companies, the Chicago Board of Trade, the Chicago Mercantile Exchange, the Chicago Board Options Exchange, the Midwest Stock Exchange, and some of the world's greatest financial institutions; and WHEREAS, The Chicago metropolitan area is home to 2 of the nation's best MBA programs at Northwestern University and the University of Chicago, and Illinois graduates more than 3,400 engineering students from its universities annually; and WHEREAS, The Chicago metropolitan area is a hotbed for research and development, with Argonne and Fermilab research labs, the I-88 Tech Corridor, Abbott Laboratories, Baxter International, Inc., Eli Lilly and Company, the Chicago Tech Park, the DuPage Research Park, and the Illinois Medical Center District, along with world-class institutions of learning; and WHEREAS, Chicago was recently named the "third-best" business city in the country by Fortune magazine; and WHEREAS, The Chicago metropolitan area is politically, culturally, and economically diverse making it a premier location for the Boeing Company's new world headquarters; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, That we strongly support and encourage the Boeing Company to re-locate its corporate headquarters to the Chicago metropolitan area; and be it further RESOLVED, That we urge the Department of Commerce and Community Affairs to help facilitate this re-location by aggressively assisting the Boeing Company in its relocation planning; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Governor and the Director of Commerce and Community Affairs. Adopted by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 21 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 passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of
[April 5, 2001] 16 Representatives, to-wit: SENATE BILL NO. 24 A bill for AN ACT to amend the Illinois Marriage and Dissolution of Marriage Act by changing Sections 202 and 203. SENATE BILL NO. 39 A bill for AN ACT in relation to civil procedure. SENATE BILL NO. 114 A bill for AN ACT in relation to emergency medical services. SENATE BILL NO. 163 A bill for AN ACT concerning public aid. SENATE BILL NO. 213 A bill for AN ACT concerning agriculture. SENATE BILL NO. 333 A bill for AN ACT concerning insurance. SENATE BILL NO. 356 A bill for AN ACT concerning environmental protection. SENATE BILL NO. 608 A bill for AN ACT in relation to public aid. SENATE BILL NO. 1254 A bill for AN ACT in relation to insurance. SENATE BILL NO. 1258 A bill for AN ACT in relation to property. SENATE BILL NO. 1262 A bill for AN ACT concerning airport authorities. SENATE BILL NO. 1309 A bill for AN ACT concerning telephone solicitation. SENATE BILL NO. 1341 A bill for AN ACT in relation to insurance. Passed by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 24, 39, 114, 163, 213, 333, 356, 608, 1254, 1258, 1262, 1309 and 1341 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 629 A bill for AN ACT concerning animals. SENATE BILL NO. 663 A bill for AN ACT concerning elections. SENATE BILL NO. 694 A bill for AN ACT in relation to utilities.
17 [April 5, 2001] SENATE BILL NO. 717 A bill for AN ACT concerning workers' compensation. SENATE BILL NO. 750 A bill for AN ACT in relation to public health. SENATE BILL NO. 832 A bill for AN ACT concerning the Department of Agriculture. SENATE BILL NO. 847 A bill for AN ACT in relation to the administration and funding of the Illinois Commerce Commission. SENATE BILL NO. 930 A bill for AN ACT in relation to public transportation. SENATE BILL NO. 933 A bill for AN ACT concerning health facilities. SENATE BILL NO. 941 A bill for AN ACT concerning insurance. SENATE BILL NO. 943 A bill for AN ACT in relation to insurance. SENATE BILL NO. 1047 A bill for AN ACT concerning solicitation. Passed by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 629, 663, 694, 717, 750, 832, 847, 930, 933, 941, 943 and 1047 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 721 A bill for AN ACT concerning civil procedure. SENATE BILL NO. 1180 A bill for AN ACT concerning environmental protection. SENATE BILL NO. 1504 A bill for AN ACT in relation to health care. SENATE BILL NO. 1521 A bill for AN ACT relating to education. Passed by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILLS 721, 1180, 1504 and 1521 were ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the
[April 5, 2001] 18 passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1497 A bill for AN ACT concerning insurance. Passed by the Senate, April 5, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1497 was ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative Steve Davis, Chairperson, from the Committee on Constitutional Officers to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1728. Amendment No. 3 to HOUSE BILL 2283. The committee roll call vote on Amendment No. 1 to HOUSE BILL 1728 and Amendment No. 3 to HOUSE BILL 2283 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Davis, Steve, Chair Y Crotty, V-Chair Y Bassi Y Holbrook A Bost Y Kosel, Spkpn Y Brosnahan Y Mathias Y McGuire Representative Boland, Chairperson, from the Committee on Elections & Campaign Reform 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. 3 to HOUSE BILL 1330. Amendment No. 2 to HOUSE BILL 3579. Amendment No. 2 to HOUSE BILL 3581. Amendment No. 2 to HOUSE BILL 3583. The committee roll call vote on Amendment No. 3 to HOUSE BILL 1330 is as follows: 10, Yeas; 0, Nays; 1, Answering Present. Y Boland, Chair Y Lindner Y Cross Y Lyons, Eileen, Spkpn Y Curry, Julie Y McCarthy P Garrett, V-Chair Y Osterman Y Hoeft Y Slone Y Winkel The committee roll call vote on Amendment No. 2 to HOUSE BILLS 3579, 3581 and 3583 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Boland, Chair Y Lindner Y Cross Y Lyons, Eileen, Spkpn Y Curry, Julie Y McCarthy Y Garrett, V-Chair Y Osterman Y Hoeft Y Slone Y Winkel
19 [April 5, 2001] Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 2834. Amendment No. 2 to HOUSE BILL 2835. The committee roll call vote on Amendment No. 3 to HOUSE BILL 2834 is as follows: 12, Yeas; 1, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi N Kosel Y Collins A Krause A Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado A Mulligan A Fowler A Murphy A Garrett Y Osterman Y Hoeft A Smith, Michael A Winkel The committee roll call vote on Amendment No. 2 to HOUSE BILL 2835 is as follows: 11, Yeas; 2, Nays; 1, Answering Present. Y Giles, Chair Y Johnson Y Bassi N Kosel P Collins A Krause A Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado A Mulligan A Fowler A Murphy A Garrett N Osterman Y Hoeft A Smith, Michael Y Winkel Representative Novak, Chairperson, from the Committee on Environment & Energy 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": Amendments numbered 3, 4 and 5 to HOUSE BILL 63. Amendment No. 2 to HOUSE BILL 1887. Amendment No. 3 to HOUSE BILL 2576. The committee roll call vote on Amemdments numbered 3, 4, and 5 to HOUSE BILL 63 is as follows: 17, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook (Forby) Y Beaubien (Bost) Y Hultgren (Tenhouse) Y Bradley (Holbrook) Y Jones, Shirley Y Brunsvold (O'Brien) Y Lawfer Y Davis, Steve, V-Chair Y Moore Y Durkin (John Jones) Y Parke (John Turner) Y Hartke Y Persico Y Hassert, Spkpn Y Reitz Y Soto The committee roll call vote on Amendment No. 2 to HOUSE BILL 1887 is as follows: 17, Yeas; 0, Nays; 0, Answering Present.
[April 5, 2001] 20 Y Novak, Chair Y Holbrook (Forby) Y Beaubien (Bost) Y Hultgren (Tenhouse) Y Bradley Y Jones, Shirley Y Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Moore Y Durkin (John Jones) Y Parke (John Turner) Y Hartke Y Persico Y Hassert, Spkpn Y Reitz Y Soto The committee roll call vote on Amendment No. 3 to HOUSE BILL 2576 is as follows: 9, Yeas; 7, Nays; 1, Answering Present. Y Novak, Chair Y Holbrook (Forby) N Beaubien (Bost) Y Hultgren (Tenhouse) N Bradley (Holbrook) P Jones, Shirley Y Brunsvold N Lawfer Y Davis, Steve, V-Chair N Moore N Durkin (John Jones) Y Parke (John Turner) Y Hartke N Persico Y Hassert, Spkpn Y Reitz N Soto Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 6 to HOUSE BILL 640. Amendment No. 1 to HOUSE BILL 1492. Amendments numbered 5 and 6 to HOUSE BILL 3188. That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 705. The committee roll call vote on Amendment No. 6 to HOUSE BILL 640 is as follows: 8, Yeas; 5, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo N Hassert N Beaubien Y Jones, Lou N Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on HOUSE BILL 705 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on Amendment No. 1 to HOUSE BILL 1492 is as follows: 7, Yeas; 2, Nays; 0, Answering Present. Y Burke, Chair A Capparelli A Acevedo Y Hassert N Beaubien A Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau
21 [April 5, 2001] A Bugielski, V-Chair N Poe, Spkpn Y Rutherford (Kosel) The committee roll call vote on Amendment No. 5 to HOUSE BILL 3188 is as follows: 12, Yeas; 1, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn N Rutherford (Kosel) The committee roll call vote on Amendment No. 6 to HOUSE BILL 3188 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford (Kosel) Representative Bugielski, Chairperson, from the Committee on Financial Institutions to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 2207. Amendments numbered 1 and 2 to HOUSE BILL 2282. The committee roll call vote on Amendment No. 1 to HOUSE BILL 2207 and Amendments numbered 1 and 2 to HOUSE BILL 2282 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Bugielski, Chair Y Lyons, Joseph Y Biggins Y Meyer, Spkpn Y Burke, V-Chair Y Morrow Y Capparelli Y Novak Y Davis, Monique Y O'Connor Y Durkin Y Persico A Giles Y Righter Y Hassert Y Saviano Y Hultgren Y Schoenberg Y Jones, Shirley Y Zickus Representative Erwin, Chairperson, from the Committee on Higher Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 3123. Representative Feigenholtz, Chairperson, from the Committee on Human Services 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 HOUSE BILL 3538. The committee roll call vote on Amendment No. 2 to HOUSE BILL 3538 is as follows: 5, Yeas; 0, Nays; 0, Answering Present.
[April 5, 2001] 22 Y Feigenholtz, Chair A Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair A Flowers A Soto Y Howard Y Winters A Wirsing Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to HOUSE BILL 774. The committee roll call vote on Amendment No. 3 to HOUSE BILL 774 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond Y Hamos Y Righter Y Hoffman Y Scott, V-Chair Y Klingler Y Scully Y Lang Y Turner, John, Spkpn Y Wait Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILLS 2087. Amendment No. 1 to HOUSE BILL 2740. Amendment No. 1 to HOUSE BILL 2847. The committee roll call vote on Amendment No. 1 to HOUSE BILLS 2087 and 2847 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley (Scott) Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair (Scully) Y Smith, Michael Y Brunsvold Y Turner, John Y Delgado Y Wait Y Winkel, Spkpn The committee roll call vote on Amendment No. 1 to HOUSE BILL 2740 is as follows: 8, Yeas; 4, Nays; 1, Answering Present. Y O'Brien, Chair N Johnson Y Bradley (Scott) Y Jones, Lou P Brady N Lindner Y Brosnahan, V-Chair (Scully) Y Smith, Michael Y Brunsvold Y Turner, John Y Delgado N Wait N Winkel, Spkpn 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 Floor Amendment be reported "recommends be adopted": Amendment No. 4 to HOUSE BILL 2662. The committee roll call vote on Amendment No. 4 to HOUSE BILL 2662 is as follows:
23 [April 5, 2001] 8, Yeas; 0, Nays; 0, Answering Present. Y Murphy, Chair Y Hoeft, Spkpn Y Beaubien Y Poe Y Davis, Steve (Giles) A Reitz Y Durkin Y Smith, Michael A Granberg A Stroger, V-Chair Y Zickus Representative Saviano, Chairperson, from the Committee on Registration & Regulation to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1356. Amendment No. 1 to HOUSE BILL 1954. Amendment No. 1 to HOUSE BILL 2271. Amendment No. 1 to HOUSE BILL 2595. The committee roll call vote on Amendment No. 1 to HOUSE BILLS 1356, 1954, 2271 and 2595 is as follows: 20, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel Y Bradley Y Lyons, Eileen Y Brunsvold Y Mitchell, Bill Y Bugielski Y Novak Y Burke Y Osmond Y Coulson Y Reitz Y Crotty Y Stephens Y Davis, Steve Y Winters A Fritchey, V-Chair Y Wojcik Y Zickus, Spkpn Representative Joseph Lyons, Chairperson, from the Committee on Revenue to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 5 to HOUSE BILL 914. The committee roll call vote on Amendment No. 5 to HOUSE BILL 914 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Lyons, Joseph, Chair A Kenner, V-Chair Y Beaubien Y Lyons, Eileen Y Biggins Y McGuire Y Currie Y Moore, Spkpn A Granberg Y Pankau Y Turner, Art Representative Collins, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 1630. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 187. The committee roll call vote on Amendment No. 1 to HOUSE BILL 1630 and HOUSE RESOLUTION 187 is as follows: 8, Yeas; 0, Nays; 0, Answering Present.
[April 5, 2001] 24 Y Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn Y FORBY Y Pankau Y Fowler A Righter Y Wirsing Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken on Wednesday, April 4, 2001, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to HOUSE BILL 2259. Amendment No. 1 to HOUSE BILL 2263. Amendment No. 1 to HOUSE BILL 2603. The committee roll call vote on Amendment No. 1 to HOUSE BILLS 2259, 2263 and 2603 is as follows: 19, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair Y Kosel Y Bassi Y Lyons, Joseph A Black Y Mathias Y Brosnahan Y McAuliffe Y Collins Y O'Brien, V-Chair Y Fowler Y O'Connor Y Garrett Y Osterman Y Hamos Y Reitz Y Hartke A Schmitz Y Jones, John Y Wait, Spkpn Y Zickus CHANGE OF SPONSORSHIP Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Stephens asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 60. Representative Burke asked and obtained unanimous consent to be removed as chief sponsor and Representative Giles asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 279. Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Tenhouse asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 325. Representative Steve Davis asked and obtained unanimous consent to be removed as chief sponsor and Representative Kenner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 849. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Kosel asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1904. Representative Hamos asked and obtained unanimous consent to be removed as chief sponsor and Representative Scully asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1914. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative McAuliffe asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1954. Representative Bellock asked and obtained unanimous consent to be removed as chief sponsor and Representative Brady asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3003. Representative Dart asked and obtained unanimous consent to be removed as chief sponsor and Representative Mendoza asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3013. Representative Rutherford asked and obtained unanimous consent to be removed as chief sponsor and Representative Wojcik asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
25 [April 5, 2001] 3015. Representative Bost asked and obtained unanimous consent to be removed as chief sponsor and Representative Jerry Mitchell asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3204. Representative Flowers asked and obtained unanimous consent to be removed as chief sponsor and Representative Shirley Jones asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3224. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Leitch asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 760. Representative Brunsvold asked and obtained unanimous consent to be removed as chief sponsor and Representative Osmond asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2426. Representative Saviano asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3097. Representative Coulson asked and obtained unanimous consent to be removed as chief sponsor and Representative Cowlishaw asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3194. Representative Lang asked and obtained unanimous consent to be removed as chief sponsor and Representative Scully asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3216. Representative Cowlishaw asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3549. Representative Burke asked and obtained unanimous consent to be removed as chief sponsor and Representative Hannig asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2282. Representative Mendoza asked and obtained unanimous consent to be removed as chief sponsor and Representative Dart asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3013. Representative Mulligan asked and obtained unanimous consent to be removed as chief sponsor and Representative Mendoza asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3103. Representative Ryder asked and obtained unanimous consent to be removed as chief sponsor and Representative Monique Davis asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3131. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 194 Offered by Representative Lou Jones: WHEREAS, The members of the Illinois House of Representatives remember the life and work of Gwendolyn Brooks, poet laureate of the State of Illinois; and WHEREAS, There are buildings located around the State Capitol complex that are named for prominent and influential people from the State including the late Governor William G. Stratton, the late Secretary of State Michael J. Howlett, and the late Margaret Cross Norton, the first director of the State Archives; and WHEREAS, Gwendolyn Brooks honored the State of Illinois as poet laureate; a chair in Black Literature and Creative Writing was established for Ms. Brooks by Chicago State University a decade ago; the Center for African-American literature at Western Illinois University is also named for Ms. Brooks; in Harvey, Illinois, a junior high school is named in her honor; and WHEREAS, In the final year of her life, Gwendolyn Brooks was named
[April 5, 2001] 26 a living legend by the Library of Congress; and WHEREAS, Gwendolyn Brooks was the first African-American to win the Pulitzer Prize; and WHEREAS, The passing of Gwendolyn Brooks was deeply felt by all who knew and loved her, especially her family, friends, fellow poets, and the people of the State of Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the State of Illinois to rename the Illinois State Library the Gwendolyn Brooks Illinois State Library; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Gwendolyn Brooks and Secretary of State Jessie White. HOUSE RESOLUTION 196 Offered by Representative Burke: WHEREAS, The members of this body are pleased and honored to recognize a group of individuals who have contributed greatly to the heritage and education of the children of our nation; and WHEREAS, The State of Illinois shall set apart a day known as "American Indian Day" in recognition of the many contributions of the American Indians to the economic and cultural heritage of all the citizens of the United States; and WHEREAS, American Indian Day is also held to honor all American Indians and Native Americans who have fought, served, and worked to make the United States the greatest country in the world; and WHEREAS, The years before the arrival of Christopher Columbus saw the rise of an advanced agriculturally based Indian civilization with true urban centers, monumental public works, and ruling classes; and WHEREAS, During the period of European colonization, American Indian societies and tribes within the present continental United States were integrated through interconnecting political, economic, social, and religious obligation and support systems provided by extended families or kinship groups; and WHEREAS, Through European colonization, most tribes were forced to sell their lands, moved to new territory, and subjected to forced acculturation programs by the federal government; many other tribes remain on reservations or tribal lands within their old homelands, where they retain many of their cultural patterns and traditional values; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor American Indians for their contributions to American heritage, and for their optimism and pride in this great nation, we do hereby declare September 1, 2001, and each September 1 thereafter, as American Indian Day in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be displayed at the Chicago Cultural Center and a suitable copy be delivered to Cleatus Lee Murdaugh of the Southern Cherokee Tribe. HOUSE RESOLUTION 200 Offered by Representative May: WHEREAS, The United States Supreme Court, on January 9, 2001, rendered its decision in Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, holding that nonnavigable, isolated, intrastate waterways serving as habitat for migratory birds cannot be interpreted to be waters requiring a discharge permit for the discharge of dredged or fill material into them; and WHEREAS, Local governments have long relied on federal protection of these bodies of water under the federal Clean Water Act; that this decision sharply limits the types of bodies of water for which Section 404 permits are required; and WHEREAS, These bodies of water are now in danger of harm and elimination in the absence of permitting or oversight on the part of any public agency at the federal, State, or local level; Illinois has
27 [April 5, 2001] relied upon federal protections as a critically important element of stormwater management and protection plans; and WHEREAS, The United States Supreme Court decision has left Illinois without a program in place that provides protection to these bodies of water; and WHEREAS, At the time of statehood in 1818 wetlands covered more than 8 million acres, or 25 percent, of Illinois; as a result of human modification of the environment, an estimated 90 percent of those wetlands have been lost; and WHEREAS, The National Wetlands Inventory of Illinois documented that wetlands of all types occupy about 1.25 million acres, or 3.5 percent, of the total area of Illinois, of which isolated wetlands account for 12 percent of the total extent of wetland coverage, or 152,203 acres; and WHEREAS, These isolated wetlands provide public benefit by (1) reducing flood damage through absorbing, storing, and conveying peak flows from storm events, improving water by serving as basins for sedimentation, nutrient cycling, and filtering, (2) replenishing groundwater supplies through infiltration, (3) providing important breeding, nesting, foraging, and migratory habitat for approximately 40 percent of the State's endangered and threatened species and to other species of fish, wildlife, waterfowl, and shore birds, (4) serving as recreational areas for hunting, fishing, boating, hiking, wildlife watching, photography, and other uses, and (5) providing open space and aesthetic value; and WHEREAS, The United States Supreme Court decision authorizes state and local governments to regulate these critically important bodies of water; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois Department of Natural Resources to identify and report an inventory of each of the bodies of water that will no longer be protected by the federal Clean Water Act as a result of the recent United States Supreme Court decision in Solid Waste Agency of Northern Cook County v. Army Corps of Engineers; and be it further RESOLVED, That the Illinois Department of Natural Resources assess potential impacts related to flooding, wildlife habitat, and groundwater supplies that may result from the absence of federal protection of those bodies of water and report those findings to the House by March 1, 2002; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Director of Natural Resources, the Speaker of the House, and the Minority Leader of the House. The following resolutions were offered and placed on the Calendar on the order of Agreed Resoltuion. HOUSE RESOLUTION 201 Offered by Representative Cross: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that Bertha J. Hofer, Village President of the Village of Shorewood, Illinois, will be retiring from her position on April 10, 2001; and WHEREAS, Bertha Hofer served as Village Clerk from April 18, 1961 to June 11, 1968; she served as Trustee from July 8, 1969 to April 20, 1971 and from October 24, 1972 to February 25, 1975; she was Office Manager and Executive Secretary from February 25, 1975 to November 11, 1988; she was Interim Administrator from November of 1988 to April 22, 1989; and served as Village President from April 9, 1991 to April 10, 2001; and WHEREAS, Bertha J. Hofer, during her terms in office, did truly serve the citizens of the Village with honest conviction, dedication, personal sacrifice, and unselfishly dedicated herself to the highest principles of good government for and on behalf of the Village of Shorewood and its citizens, and freely donated untold hours of her time
[April 5, 2001] 28 to the goal of making Shorewood a desirable community for its residents to enjoy; and WHEREAS, Bertha Hofer has been a vital and valued citizen of the Village of Shorewood, working to better the community, help her neighbors, and shown true devotion for her work; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Bertha J. Hofer on a job well done and wish her continued success in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Bertha J. Hofer. HOUSE RESOLUTION 202 Offered by Representative McGuire: WHEREAS, The members of the Illinois House of Representatives wish to congratulate and thank Sister Dorothy Kinsella, vice president of Guardian Angel Home in Joliet, Illinois, who has announced her decision to step down from her position with Guardian Angel Home; and WHEREAS, Sister Dorothy Kinsella is a member of the Sisters of St. Francis of Mary Immaculate religious order; she previously taught history at the College of St. Francis and held an administrative position with the Sisters of St. Francis of Mary Immaculate; in July of 1983 she took on her current position with Guardian Angel Home; and WHEREAS, The Groundwork program, a vital part of the Guardian Angel Home, is a program designed to aid battered women and their children; the program also helps women who are not in immediate danger, but need assistance to deal with domestic violence; and WHEREAS, Sister Dorothy Kinsella would now like to become a pastoral assistant in a local Catholic parish; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Sister Dorothy Kinsella as she prepares to move on from her position with Guardian Angel Home in Joliet, Illinois; we also thank her for her hard work and dedication in helping others less fortunate; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sister Dorothy Kinsella. HOUSE RESOLUTION 204 Offered by Representative Art Turner: WHEREAS, It is with great pride and sincere admiration that the members of the Illinois House of Representatives pause to recognize the significant achievements of a wonderful organization dedicated to improving the lives and health of others; and WHEREAS, The National Coalition for Stroke Prevention Awareness is working to improve the quality of life for those stricken with Atrial Fibrillation and is committed to long-term stroke prevention education; and WHEREAS, Atrial Fibrillation is a condition in which the two upper chambers of the heart quiver instead of beating effectively; and WHEREAS, The most common persistent cardiac arrhythmia known as Atrial Fibrillation affects more than two million people each year within the United States; and WHEREAS, The prevalence of Atrial Fibrillation increases with age, virtually doubling with each decade in persons fifty years of age or older; and WHEREAS, Education and stroke prevention programs can play an integral role in the lives of those who suffer from Atrial Fibrillation by reducing their chances of having a stroke; and WHEREAS, The Illinois Legislative Black Caucus and the Illinois Academy of Family Physicians have teamed up with the National Coalition for Stroke Prevention Awareness to recognize the month of May as Stroke Awareness Month; therefore, be it RESOLVED, BY THE HOUSE OF REPRESERNTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we unanimously join in
29 [April 5, 2001] expressing our most sincere appreciation to the National Coalition for Stroke Prevention Awareness as they continue to inform the public on the benefits of long term stroke prevention education; and be it further RESOLVED, That a suitable copy of this resolution be presented to the National Coalition for Stroke Prevention Awareness as an expression of our esteem. HOUSE RESOLUTION 205 Offered by Representative Madigan: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that May is "Better Speech and Hearing Month"; and WHEREAS, The Sertoma Speech & Hearing Center, located in the south/southwest Chicago and suburban area, is dedicated to helping individuals with speech and hearing problems; and WHEREAS, Their mission statement says that Sertoma focuses on providing quality professional service to all people who are speech or hearing impaired regardless of their income level; and WHEREAS, All funds earned by the Sertoma Speech & Hearing Center are turned back into the Center, for use in it's many services; the services that are provided include speech and hearing assessments, treatment, fitting of communication devices, and educational services to individuals and other institutions; and WHEREAS, All age groups are cared for by the Sertoma Speech & Hearing Center; the variety of services provided and the level of caring show that the Sertoma Speech & Hearing Center is a vital part of the State of Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the men and women of the Sertoma Speech & Hearing Center on their hard work and dedication to caring for the needs of others; and be it further RESOLVED, That a suitable copy of this resolution be presented to David J. Rompala, Executive Director of the Sertoma Speech & Hearing Center. HOUSE JOINT RESOLUTION 24 Offered by Representative Howard: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize significant milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Beverley Mae Peterson will be retiring from her duties at Pekin Insurance in February, 2001 after serving 29 years; and WHEREAS, Mrs. Peterson was born on October 3, 1938 in Creve Coeur, Illinois; she graduated from East Peoria High School in 1956; and WHEREAS, Mrs. Peterson started working at Pekin Insurance on June 20, 1972; she was promoted to the position of Administrative Assistant on October 17, 1982; she created the term "Heartbeat of the Company" for the Sales Department; and WHEREAS, Mrs. Peterson has been an active member of the Social Activities Committee for over 5 years; she was also "arrested" as part of the American Cancer Society's Jail and Bail program on May 7, 1986; and WHEREAS, Beverley Mae Peterson will be spending her retirement years with her loving husband, Corwin "Corky" Peterson; and WHEREAS, In honor of Beverley Mae Peterson's retirement this February, her loving co-workers at Pekin Insurance have planned a special "surprise party" on Friday, January 26, 2001 to show her their appreciation for her dedicated 29 years of service; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Beverley Mae Peterson for her 29 years of dedicated service to Pekin Insurance and wish her well in all of her retirement endeavors; and be
[April 5, 2001] 30 it further RESOLVED, That a suitable copy of this resolution be presented to Beverley Mae Peterson as an expression of our esteem. HOUSE JOINT RESOLUTION 25 Offered by Representative May: WHEREAS, The Illinois Department of Public Health collects a wide variety of health surveillance data for Illinois citizens and stores these data in numerous databases; and WHEREAS, The Illinois Department of Public Health is mandated to provide to the General Assembly reports on data from a number of these health surveillance systems; and WHEREAS, The statutorily required reports provided to the General Assembly from the Illinois Department of Public Health maybe highly technical; and WHEREAS, The mandated reports that the Illinois Department of Public Health provides the General Assembly have subject matter dictated by statute and not necessarily by emerging public health concerns; and WHEREAS, The Illinois Department of Public Health provides information to a wide spectrum of groups and individuals, each with different information needs; and WHEREAS, Public health researchers may utilize information from these databases to perform analyses that may improve our knowledge of good public health practices in Illinois; and WHEREAS, The Illinois General Assembly and advocacy groups needs to have summaries of health surveillance and research findings publicized in order to consider and prioritize policy recommendations intended to improve public health; and WHEREAS, Illinois citizens require these summaries to be publicized in non-technical language in order to take personal action to improve their health; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the Illinois Department of Public Health shall convene a working group consisting of public health officials from the Department, several Illinois counties and the City of Chicago, public health researchers, and leaders of public health advocacy groups to review the current Department reports and systems of reporting and identify optimal means of providing information to the variety of groups and individuals that rely on it; and be it further RESOLVED, That the Department shall provide a report to the General Assembly summarizing the activities of the working group and shall provide recommendations for improving the flow of information between the Department and the groups and individuals relying on its data. HOUSE JOINT RESOLUTION 25 Offered by Representative Osterman: WHEREAS, The Illinois Department of Public Health collects a wide variety of health surveillance data for Illinois citizens and stores these data in numerous databases; and WHEREAS, The Illinois Department of Public Health is mandated to provide to the General Assembly reports on data from a number of these health surveillance systems; and WHEREAS, The statutorily required reports provided to the General Assembly from the Illinois Department of Public Health maybe highly technical; and WHEREAS, The mandated reports that the Illinois Department of Public Health provides the General Assembly have subject matter dictated by statute and not necessarily by emerging public health concerns; and WHEREAS, The Illinois Department of Public Health provides information to a wide spectrum of groups and individuals, each with different information needs; and
31 [April 5, 2001] WHEREAS, Public health researchers may utilize information from these databases to perform analyses that may improve our knowledge of good public health practices in Illinois; and WHEREAS, The Illinois General Assembly and advocacy groups needs to have summaries of health surveillance and research findings publicized in order to consider and prioritize policy recommendations intended to improve public health; and WHEREAS, Illinois citizens require these summaries to be publicized in non-technical language in order to take personal action to improve their health; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the Illinois Department of Public Health shall convene a working group consisting of public health officials from the Department, several Illinois counties and the City of Chicago, public health researchers, and leaders of public health advocacy groups to review the current Department reports and systems of reporting and identify optimal means of providing information to the variety of groups and individuals that rely on it; and be it further RESOLVED, That the Department shall provide a report to the General Assembly summarizing the activities of the working group and shall provide recommendations for improving the flow of information between the Department and the groups and individuals relying on its data. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Kurtz, HOUSE BILL 3037 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 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Smith, HOUSE BILL 953 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Coulson, HOUSE BILL 632 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, 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. On motion of Representative Burke, HOUSE BILL 280 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:
[April 5, 2001] 32 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, 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. On motion of Representative Zickus, HOUSE BILL 2566 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 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Brosnahan, HOUSE BILL 2437 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 7) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Ryder, HOUSE BILL 2276 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 8) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Capparelli, HOUSE BILL 2807 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTION The following resolution was offered and placed in the Committee on Rules. HOUSE JOINT RESOLUTION 27 Offered by Representative Jerry Mitchell: WHEREAS, At approximately 8:15 p.m. Eastern Standard Time, Saturday, March 31, 2001, in international waters, a United States Navy EP-3 maritime patrol aircraft on a routine surveillance mission over the South China Sea was intercepted by two People's Republic of China fighter aircraft; and WHEREAS, There was contact between one of the Chinese aircraft and the EP-3, causing sufficient damage for the United States plane to issue a "Mayday" signal and divert to an airfield on Hainan Island, People's Republic of China; and WHEREAS, The plane's crew of 24 United States service members is being detained incommunicado by the government of the People's Republic
33 [April 5, 2001] of China; and WHEREAS, Seaman Jeremy Crandall of Poplar Grove, Illinois and Marine Corps Sgt. Mitchell Pray of Geneseo, Illinois are among the 24 crew members detained by the People's Republic of China; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the citizens of the State of Illinois represented by the General Assembly strongly urge the Government of the People's Republic of China to respect the well-being and safety of the crew in accordance with international practices; and be it further RESOLVED, That the People's Republic of China expedite the immediate return of Seaman Jeremy Crandall and Marine Corps Sgt. Mitchell Pray along with the 22 additional United States service men and women; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the families of Seaman Jeremy Crandall and Marine Corps. Sgt. Mitchell Pray; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Honorable George W. Bush, United States President. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Ryder, HOUSE BILL 3576 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: 89, Yeas; 27, Nays; 0, Answering Present. (ROLL CALL 10) This bill, 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. On motion of Representative McGuire, HOUSE BILL 2548 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: 73, Yeas; 42, Nays; 0, Answering Present. (ROLL CALL 11) This bill, 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. On motion of Representative Coulson, HOUSE BILL 2438 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Murphy, HOUSE BILL 1915 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) This bill, having received the votes of a constitutional majority
[April 5, 2001] 34 of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Osmond, HOUSE BILL 2419 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) This bill, 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. On motion of Representative Murphy, HOUSE BILL 1695 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) This bill, 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. On motion of Representative Moffitt, HOUSE BILL 1956 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: 102, Yeas; 14, Nays; 0, Answering Present. (ROLL CALL 16) This bill, 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. On motion of Representative Joseph Lyons, HOUSE BILL 3008 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) This bill, 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. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 55, 164, 208, 358, 449, 496, 497, 508, 538, 573, 633, 638, 713, 814, 826, 834, 845, 856, 860, 887, 940, 965, 1035, 1039, 1126, 1174, 1289 and 1348. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Durkin, HOUSE BILL 2377 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present.
35 [April 5, 2001] (ROLL CALL 18) This bill, 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. On motion of Representative Kenner, HOUSE BILL 2432 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) This bill, 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. On motion of Representative Leitch, HOUSE BILL 625 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: 88, Yeas; 27, Nays; 0, Answering Present. (ROLL CALL 20) This bill, 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. HOUSE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and advanced to the order of Third Reading: HOUSE BILL 705. HOUSE BILLS ON SECOND READING HOUSE BILL 2382. Having been recalled on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Soto offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2382 AMENDMENT NO. 1. Amend House Bill 2382 on page 8, by replacing lines 6 and 7 with the following: "Violation of this Section is a business offense for which a fine not to exceed $2,500 may be imposed.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 914. Having been recalled on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO HOUSE BILL 914 AMENDMENT NO. 5. Amend House Bill 914 on page 17, line 33, before "(i)", by inserting the following: "excluded non-referendum bonds. For park districts (i) that were first
[April 5, 2001] 36 subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy year for the payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds) was less than 51% of the amount for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds), "debt service extension base" means an amount equal to that portion of the extension for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds). The debt service extension base may be established or increased as provided under Section 18-212. "Excluded non-referendum bonds" means"; and on page 18, by replacing lines 5 and 6 with the following: "pursuant to referendum.
37 [April 5, 2001] This bill, 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. On motion of Representative Scott, HOUSE BILL 3212 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 23) This bill, 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. On motion of Representative Pankau, HOUSE BILL 3292 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; 1, Answering Present. (ROLL CALL 24) This bill, 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. On motion of Representative Howard, HOUSE BILL 300 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 25) This bill, 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. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 1:25 o'clock p.m. HOUSE BILLS ON SECOND READING HOUSE BILL 2662. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Personnel & Pensions. Floor Amendments numbered 2 and 3 remained in the Committee on Personnel & Pensions. Representative Giles offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO HOUSE BILL 2662 AMENDMENT NO. 4. Amend House Bill 2662 by replacing the title with the following: "AN ACT in relation to public employee benefits."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 17-106, 17-116.3, 17-116.4, 17-119.1, 17-121, and 17-149 as follows: (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106) Sec. 17-106. Contributor, member or teacher. "Contributor",
[April 5, 2001] 38 "member" or "teacher": All members of the teaching force of the city, including principals, assistant principals, the general superintendent of schools, deputy superintendents of schools, associate superintendents of schools, assistant and district superintendents of schools, members of the Board of Examiners, all other persons whose employment requires a teaching certificate issued under the laws governing the certification of teachers, any educational, administrative, professional, or other staff employed in a charter school operating in compliance with the Charter Schools Law who is certified under the law governing the certification of teachers, and employees of the Board, but excluding persons contributing concurrently to any other public employee pension system in Illinois for the same employment or receiving retirement pensions under another Article of this Code for that same employment, persons employed on an hourly basis, and persons receiving pensions from the Fund who are employed temporarily by an Employer for 150
39 [April 5, 2001] (6) have at least 5 years of creditable service under this Fund or any of the participating systems under the Retirement Systems Reciprocal Act (without the use of any creditable service received under this Section) by the effective date of the retirement pension. (b) An eligible person may establish up to 5 years of creditable service under this Section. In addition, for each period of creditable service established under this Section, a person's age at retirement shall be deemed to be increased by an equal period. The creditable service established under this Section may be used for all purposes under this Article and the Retirement Systems Reciprocal Act, except for the purposes of Section 17-116.1, and the determination of average salary or compensation under this or any other Article of this Code. The age enhancement established under this Section may be used for all purposes under this Article (including calculation of a proportionate pension payable by this Fund under the Retirement Systems Reciprocal Act), except for purposes of the reversionary pension under Section 17-120, and distributions required by federal law on account of age. However, age enhancement established under this Section shall not be used in determining benefits payable under other Articles of this Code under the Retirement Systems Reciprocal Act. (c) For all creditable service established under this Section, the employer must pay to the Fund an employer contribution consisting of 12% of the member's highest annual full-time rate of compensation for each year of creditable service granted under this Section. The employer contribution shall be paid to the Fund in one of the following ways: (i) in a single sum at the time of the member's retirement, (ii) in equal quarterly installments over a period of 5 years from the date of retirement, or (iii) subject to the approval of the Board of the Fund, in unequal installments over a period of no more than 5 years from the date of retirement, as provided in a payment plan designed by the Fund to accommodate the needs of the employer. The employer's failure to make the required contributions in a timely manner shall not affect the payment of the retirement pension. For all creditable service established under this Section, the employee must pay to the Fund an employee contribution consisting of 4% of the member's highest annual salary rate used in the determination of the retirement pension for each year of creditable service granted under this Section. The employee contribution shall be deducted from the retirement annuity in 24 monthly installments. (d) An annuitant who has received any age enhancement or creditable service under this Section and whose pension is suspended or cancelled under Section 17-149 or 17-150 shall thereby forfeit the age enhancement and creditable service. The forfeiture of creditable service under this subsection shall not entitle the employer to a refund of the employer contribution paid under this Section, nor to forgiveness of any part of that contribution that remains unpaid. The forfeiture of creditable service under this subsection shall not entitle the employee to a refund of the employee contribution paid under this Section. (e) If the number of employees of an employer that apply for early retirement under this Section exceeds 30% of those eligible, the employer may require that, for any or all of the number of applicants in excess of that 30%, the starting date of the retirement pension enhanced under this Section be no earlier than June 1, 1994 and no later than September 1, 1994. The right to have the retirement pension begin before June 1, 1994 shall be allocated among the applicants on the basis of seniority in the service of that employer. This delay applies only to persons who are applying for early retirement incentives under this Section, and does not prevent a person whose application for early retirement incentives has been withdrawn from beginning to receive a retirement pension on the earliest date upon which the person is otherwise eligible under this Article. (f) For a member who is notified after July 30, 1993, but before November 29, 1993, that he or she will become a supernumerary or
[April 5, 2001] 40 reserve teacher in the 1993-1994 school year: (1) the August 15, 1993 application deadline in subdivision (a)(3) of this Section is extended to December 14, 1993, (2) the September 1, 1993 deadline in subdivision (a)(4) of this Section is extended to December 14, 1993, and (3) the member shall not be included in the calculation of the 30% under subsection (e) and is not subject to delay in retirement under that subsection. (f-5) For a member who is notified after January 1, 1994, but before March 1, 1994, that he or she will become a reserve teacher in the 1993-1994 school year: (1) the August 15, 1993 application deadline in subdivision (a)(3) of this Section is extended to April 1, 1994; (2) the September 1, 1993 deadline in subdivision (a)(4) of this Section is extended to April 1, 1994; and (3) the member shall not be included in the calculation of the 30% under subsection (e) and is not subject to delay in retirement under that subsection. (g) A member who receives any early retirement incentive under Section 17-116.4, 17-116.5 or 17-116.6 may not receive any early retirement incentive under this Section. (h) The version of this Section included in Public Act 88-85 is intended to and shall control over the version of this Section included in Public Act 88-89, notwithstanding Section 6 of the Statute on Statutes. All persons qualifying for early retirement incentives under this Section shall be subject to the limitations and restrictions provided in the version of this Section included in Public Act 88-85, as amended by Public Act 88-511. (i) In addition to the benefits provided under the other provisions of this Section, every person who receives early retirement benefits under this Section is entitled to one additional year of creditable service and a corresponding year of additional age enhancement, for which no additional contribution is required. Every person who receives early retirement benefits under this Section whose retirement annuity has been calculated on the basis of a 4-year average salary is also entitled to have the annuity recalculated on the basis of the average salary for the 3 highest consecutive years within the last 10 years of service. The additional benefits provided by this subsection (i) shall begin to accrue on the date the retirement annuity began, notwithstanding Section 17-157. The Fund shall recalculate all annuities originally calculated under this Section to reflect the additional benefits provided under this subsection and shall pay to the annuitant in a lump sum the difference between the annuity payments paid before the date of the recalculation and the recalculated amount of those payments. (Source: P.A. 88-85; 88-89; 88-511; 88-670, eff. 12-2-94.) (40 ILCS 5/17-116.4) Sec. 17-116.4. Early retirement incentives. (a) A teacher who is covered by a collective bargaining agreement shall not be eligible for the early retirement incentives provided under this Section unless the collective bargaining agent and the Board of Education have entered into an agreement under which the agent agrees that any payment for accumulated unused sick days to which the employee is entitled upon withdrawal from service may be paid by the Board of Education in installments over a period of up to 5 years, and a copy of this agreement has been filed with the Board of the Fund. To be eligible for the benefits provided in this Section, a person must: (1) be a member of this Fund who, on or after May 1, 1994, is (i) in active payroll status as a teacher, or (ii) on layoff status from such a position with a right of re-employment or recall to service, or (iii) on leave of absence from such a position, but only if the member on leave has not been receiving a disability benefit under this Article for a continuous period of 2 years or more as of the date of application; (2) have not previously received a retirement pension under this Article; (3) file with the Board and the Board of Education, before March 1, 1994, a written application requesting the benefits
41 [April 5, 2001] provided in this Section and a notice of resignation from employment, which resignation must take effect no earlier than June 1, 1994 and no later than September 1, 1994 unless the applicant's retirement is delayed under subsection (e) of this Section; (4) be eligible to receive a retirement pension under this Article (for which purpose any age enhancement or creditable service received under this Section may be used) and elect to receive the retirement pension beginning no earlier than June 1, 1994 and no later than September 1, 1994 or the date established under subsection (e) of this Section, if applicable; (5) have attained age 50 (without the use of any age enhancement or creditable service received under this Section) after September 1, 1993 and no later than September 1, 1994; (6) have at least 5 years of creditable service under this Fund or any of the participating systems under the Retirement Systems Reciprocal Act (without the use of any creditable service received under this Section) by the effective date of the retirement pension. (b) An eligible person may establish up to 5 years of creditable service under this Section. In addition, for each period of creditable service established under this Section, a person's age at retirement shall be deemed to be increased by an equal period. The creditable service established under this Section may be used for all purposes under this Article and the Retirement Systems Reciprocal Act, except for the purposes of Section 17-116.1, and the determination of average salary or compensation under this or any other Article of this Code. The age enhancement established under this Section may be used for all purposes under this Article (including calculation of a proportionate pension payable by this Fund under the Retirement Systems Reciprocal Act), except for purposes of the reversionary pension under Section 17-120, and distributions required by federal law on account of age. However, age enhancement established under this Section shall not be used in determining benefits payable under other Articles of this Code under the Retirement Systems Reciprocal Act. (c) For all creditable service established under this Section, the employer must pay to the Fund an employer contribution consisting of 12% of the member's highest annual full-time rate of compensation for each year of creditable service granted under this Section. The employer contribution shall be paid to the Fund in one of the following ways: (i) in a single sum at the time of the member's retirement, (ii) in equal quarterly installments over a period of 5 years from the date of retirement, or (iii) subject to the approval of the Board of the Fund, in unequal installments over a period of no more than 5 years from the date of retirement, as provided in a payment plan designed by the Fund to accommodate the needs of the employer. The employer's failure to make the required contributions in a timely manner shall not affect the payment of the retirement pension. For all creditable service established under this Section, the employee must pay to the Fund an employee contribution consisting of 4% of the member's highest annual salary rate used in the determination of the retirement pension for each year of creditable service granted under this Section. The employee contribution shall be deducted from the retirement annuity in 24 monthly installments. (d) An annuitant who has received any age enhancement or creditable service under this Section and whose pension is suspended or cancelled under Section 17-149 or 17-150 shall thereby forfeit the age enhancement and creditable service. The forfeiture of creditable service under this subsection shall not entitle the employer to a refund of the employer contribution paid under this Section, nor to forgiveness of any part of that contribution that remains unpaid. The forfeiture of creditable service under this subsection shall not entitle the employee to a refund of the employee contribution paid under this Section. (e) If the number of employees of an employer that apply for early retirement under this Section exceeds 30% of those eligible, the
[April 5, 2001] 42 employer may require that, for any or all of the number of applicants in excess of that 30%, the starting date of the retirement pension enhanced under this Section be no earlier than June 1, 1995 and no later than September 1, 1995. The right to have the retirement pension begin before June 1, 1995 shall be allocated among the applicants on the basis of seniority in the service of that employer. This delay applies only to persons who are applying for early retirement incentives under this Section, and does not prevent a person whose application for early retirement incentives has been withdrawn from beginning to receive a retirement pension on the earliest date upon which the person is otherwise eligible under this Article. (f) A member who receives any early retirement incentive under Section 17-116.3 may not receive any early retirement incentive under this Section. (g) Notwithstanding Section 17-157, a person who is receiving early retirement benefits under this Section may establish service credit for a period of up to 3 weeks during the month of January, 1968, during which the person was prevented from working due to civil unrest or a wildcat strike. A person wishing to establish this credit must apply in writing to the Board within 30 days after the effective date of this amendatory Act of the 92nd General Assembly and pay to the Fund an employee contribution calculated at the rate and salary applicable to the employee at the time for which credit is being established, without interest. When a person establishes additional service credit under this subsection, the Fund shall recalculate the annuity originally granted under this Section to reflect the additional credit and shall pay to the annuitant in a lump sum the difference between the annuity payments paid before the date of the recalculation and the recalculated amount of those payments. (Source: P.A. 88-85.) (40 ILCS 5/17-119.1) Sec. 17-119.1. Optional increase in retirement annuity. (a) A member of the Fund may qualify for the augmented rate under subdivision (b)(3) of Section 17-116 for all years of creditable service earned before July 1, 1998 by making the optional contribution specified in subsection (b); except that a member who retires on or after July 1, 1998 with at least 30 years of creditable service at retirement qualifies for the augmented rate without making any contribution under subsection (b). Any member who retires on or after July 1, 1998 and before the effective date of this amendatory Act of the 92nd General Assembly with at least 30 years of creditable service shall be paid a lump sum equal to the amount he or she would have received under the augmented rate minus the amount he or she actually received. A member may not elect to qualify for the augmented rate for only a portion of his or her creditable service earned before July 1, 1998. (b) The contribution shall be an amount equal to 1.0% of the member's highest salary rate in the 4 consecutive school years immediately prior to but not including the school year in which the application occurs, multiplied by the number of years of creditable service earned by the member before July 1, 1998 or 20, whichever is less. This contribution shall be reduced by 1.0% of that salary rate for every 3 full years of creditable service earned by the member after June 30, 1998. The contribution shall be further reduced at the rate of 25% of the contribution (as reduced for service after June 30, 1998) for each year of the member's total creditable service in excess of 34 years. The contribution shall not in any event exceed 20% of that salary rate. The member shall pay to the Fund the amount of the contribution as calculated at the time of application under this Section. The amount of the contribution determined under this subsection shall be recalculated at the time of retirement, and if the Fund determines that the amount paid by the member exceeds the recalculated amount, the Fund shall refund the difference to the member with regular interest from the date of payment to the date of refund. The contribution required by this subsection shall be paid in one
43 [April 5, 2001] of the following ways or in a combination of the following ways that does not extend over more than 5 years: (i) in a lump sum on or before the date of retirement; (ii) in substantially equal installments over a period of time not to exceed 5 years, as a deduction from salary in accordance with Section 17-130.2; (iii) if the member becomes an annuitant before June 30, 2003, in substantially equal monthly installments over a 24-month period, by a deduction from the annuitant's monthly benefit. (c) If the member fails to make the full contribution under this Section in a timely fashion, the payments made under this Section shall be refunded to the member, without interest. If the member dies before making the full contribution, the payments made under this Section shall be refunded to the member's designated beneficiary. (d) For purposes of this Section and subsection (b) of Section 17-116, optional creditable service established by a member shall be deemed to have been earned at the time of the employment or other qualifying event upon which the service is based, rather than at the time the credit was established in this Fund. (e) The contributions required under this Section are the responsibility of the teacher and not the teacher's employer. However, an employer of teachers 3ay, after the effective date of this amendatory Act of 1998, specifically agree, through collective bargaining or otherwise, to make the contributions required by this Section on behalf of those teachers. (Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99.) (40 ILCS 5/17-121) (from Ch. 108 1/2, par. 17-121) Sec. 17-121. Survivor's and Children's pensions - Eligibility. A surviving spouse of a teacher shall be entitled to a survivor's pension only if he was married to the contributor for at least 1 1/2 years immediately prior to his death or retirement, whichever first occurs, and also on the date of the last termination of his service. If the surviving spouse is under age 50 and there are no eligible minor children born to or legally adopted by the contributor and his surviving spouse, payment of the survivor's pension shall begin when the surviving spouse attains age 50. Remarriage of the surviving spouse prior to September 1, 1983 while in receipt of a survivor's pension shall permanently terminate payment thereof, regardless of any subsequent change in marital status; however, beginning September 1, 1983, remarriage of a surviving spouse after attainment of age 55 shall not terminate the survivor's pension. A surviving spouse whose pension was terminated on or after September 1, 1983 due to remarriage after attainment of age 55, and who applies for reinstatement of that pension before January 1, 1990, shall be entitled to have the pension reinstated effective January 1, 1990. A surviving spouse of a member or annuitant under this Fund who is also a dependent beneficiary under the provisions of Section 16-140 is eligible for a reciprocal survivor's pension, provided that any refund of survivor's pension contributions is repaid to the Fund and application is made within 30 days after the effective date of this amendatory Act of the 92nd General Assembly. (Source: P.A. 86-273.) (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) Sec. 17-149. Cancellation of pensions. If any person receiving a service or disability retirement pension from the Fund is re-employed as a teacher by an Employer, the pension shall be cancelled on the date the re-employment begins, or on the first day of a payroll period for which service credit was validated, whichever is earlier. However,
[April 5, 2001] 44 school year, to a refund of any contributions made to the Fund during that school year. If the pensioner does receive salary from an Employer in any school year for more than 150
45 [April 5, 2001] 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 27) This bill, 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. On motion of Representative Ryan, HOUSE BILL 3241 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 28) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3071. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Wirsing, HOUSE BILL 3071 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 29) This bill, 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. On motion of Representative Osterman, HOUSE BILL 1741 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: 74, Yeas; 41, Nays; 0, Answering Present. (ROLL CALL 30) This bill, 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. On motion of Representative Collins, HOUSE BILL 3157 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 31) This bill, 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. On motion of Representative Scott, HOUSE BILL 505 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 2, Nays; 0, Answering Present.
[April 5, 2001] 46 (ROLL CALL 32) This bill, 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. On motion of Representative Tenhouse, HOUSE BILL 2110 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 33) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 1094. Having been recalled on March 23, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 2 remained in the Committee on Rules. There being no further amendments, the bill was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Giles, HOUSE BILL 1094 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 34) This bill, 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. On motion of Representative Hassert, HOUSE BILL 1825 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 35) This bill, 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. On motion of Representative Novak, HOUSE BILL 1975 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: 88, Yeas; 25, Nays; 1, Answering Present. (ROLL CALL 36) This bill, 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. On motion of Representative Myers, HOUSE BILL 1712 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in
47 [April 5, 2001] the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 37) This bill, 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. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 4 was distributed to the Members at 2:38 o'clock p.m. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE JOINT RESOLUTION 27 was taken up for consideration. Representative Jerry Mitchell moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Art Turner, HOUSE BILL 2502 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: 63, Yeas; 53, Nays; 0, Answering Present. (ROLL CALL 38) This bill, 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. On motion of Representative John Turner, HOUSE BILL 3073 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: 63, Yeas; 50, Nays; 2, Answering Present. (ROLL CALL 39) This bill, 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. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Black moved table the motion to reconsider the vote on HOUSE BILL 3073 that passed the House earlier today. And on that motion, a vote was taken resulting as follows: 51, Yeas; 63, Nays; 0, Answering Present. (ROLL CALL 40) The motion lost. Pursuant to the motion submitted previously, Representative Burke moved to reconsider the vote by which HOUSE BILL 3073 passed the House earlier today. And on that motion, a vote was taken resulting as follows: 60, Yeas; 51, Nays; 0, Answering Present. (ROLL CALL 41)
[April 5, 2001] 48 The motion prevailed. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Scully, HOUSE BILL 1914 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 42) This bill, 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. On motion of Representative Wojcik, HOUSE BILL 2298 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 43) This bill, 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. HOUSE BILLS ON SECOND READING Having been read by title a second time on February 27, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 849. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Kenner, HOUSE BILL 849 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: 70, Yeas; 44, Nays; 1, Answering Present. (ROLL CALL 44) This bill, 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. On motion of Representative Jerry Mitchell, HOUSE BILL 2204 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 45) This bill, 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.
49 [April 5, 2001] HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Soto, HOUSE BILL 2382 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Soto, further consideration of HOUSE BILL 2382 was postponed. On motion of Representative Stephens, HOUSE BILL 60 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 46) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3364. Having been read by title a second time on April 3, 2001, and held on the order of Second Reading, the same was again taken up and advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Franks, HOUSE BILL 3364 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: 66, Yeas; 48, Nays; 0, Answering Present. (ROLL CALL 47) This bill, 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. On motion of Representative Sommer, HOUSE BILL 3128 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 48) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3188. Having been read by title a second time on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Black offered the following amendment and moved its adoption:
[April 5, 2001] 50 AMENDMENT NO. 5 TO HOUSE BILL 3188 AMENDMENT NO. 5. Amend House Bill 3188, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, by inserting after line 12 the following: (735 ILCS 5/7-103.162a new) Sec. 7-103.162a. Quick-take; Danville Township. Quick-take proceedings under Section 7-103 may be used for a period of 24 months after the effective date of this amendatory Act of the 92nd General Assembly by Danville Township in Vermilion County for the acquisition of the following described property for the purpose of economic development: A Roadway to be permanently dedicated to Danville Township, Vermilion County, Illinois, more particularly described as follows: Beginning at the Northeast Corner of Section 24, Township 19 North, Range 11 West of the 2nd P.M., then South thirty feet (30'); then West parallel with the North line of said Section 24 to the West line of said Section 24; then North one hundred feet (100'); then East a distance of fifty feet (50') East of the West line of the Southwest Quarter of Section 13, Township 19 North, Range 11 West of the 2nd P.M., then South to a point fifty feet (50') North of the South line of said Section 13; then East parallel to the South line of said Section 13 to the East line of said Section 13; then South to the point of beginning. The exact legal description of the above described Roadway will be determined by a survey to be performed under Court supervision in the Eminent Domain Proceeding which will be brought by Danville Township to obtain the above described property as a permanently dedicated Township Roadway.". The motion prevailed and the amendment was adopted and ordered printed. Representative Tenhouse offered the following amendment and moved its adoption: AMENDMENT NO. 6 TO HOUSE BILL 3188 AMENDMENT NO. 6. Amend House Bill 3188, AS AMENDED, in Section 5, by inserting after Sec. 7-103.161 the following: "(735 ILCS 5/7-103.161a new) Sec. 7-103.161a. Quick-take; Village of Baylis. Quick-take proceedings under Section 7-103 may be used for a period of 24 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Baylis for the acquisition of the following described property to site a sewage treatment plant: Project #603-001 A part of the North one-half of the Northwest Quarter of the Southeast Quarter of Section Seven (7) in Township Four (4) South, Range Four (4) West of the New Salem Township, Pike County, Illinois specifically described as follows: COMMENCING: At a point of beginning 540.35 feet South 00 degrees, 33'30" West of center of Section Seven (7), Township (4) South, Range Four (4) West of the New Salem Township, Pike County, Illinois Thence 1,481.74 feet North 64 degrees 56'58" East Thence 800.0 feet South 00 degrees 04'59" East Thence 1,345.20 feet North 90 degrees 00'00" West Thence 172.61 feet North 00 degrees 33'30" East to the point of beginning, said area to contain 15.00 acres. PROPOSED ACCESS RIGHT OF WAY: Fifty (50) feet wide by Three hundred eighty six and 77 hundreds feet, said area contains 0.44 Acre + / -.". The motion prevailed and the amendment was adopted and ordered printed.
51 [April 5, 2001] There being no further amendments, the foregoing Amendments numbered 5 and 6 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hartke, HOUSE BILL 3188 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: 64, Yeas; 45, Nays; 5, Answering Present. (ROLL CALL 49) This bill, 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. On motion of Representative Winters, HOUSE BILL 2358 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: 109, Yeas; 5, Nays; 0, Answering Present. (ROLL CALL 50) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3579. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Elections & Campaign Reform, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3579 AMENDMENT NO. 1. Amend House Bill 3579 by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 9-1.5 as follows: (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) Sec. 9-1.5. Expenditure. "Expenditure" means- (1) a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value, in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy. However, expenditure does not include - (a) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate-related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period; (b) the sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at
[April 5, 2001] 52 least equal to the cost of such food or beverage to the vendor. (2) a transfer of funds between political committees. (Source: P.A. 89-405, eff. 11-8-95.)". Representative Daniels offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3579 AMENDMENT NO. 2. Amend House Bill 3579, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by adding Section 9-14.5 as follows: (10 ILCS 5/9-14.5 new) Sec. 9-14.5. Personal expenditure limits. A candidate may, in writing, limit expenditures, as defined in Section 9-1.5, of the candidate and his or her political committees from personal moneys of the candidate to $50,000, in the aggregate, or less in connection with a primary election and $50,000, in the aggregate, or less in connection with a general election. The agreement must be filed with, and at the same time as, the candidate's petitions for nomination. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Daniels, HOUSE BILL 3579 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: 93, Yeas; 10, Nays; 11, Answering Present. (ROLL CALL 51) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3581. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Election & Campaign Reform, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3581 AMENDMENT NO. 1. Amend House Bill 3581 by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 9-25 as follows: (10 ILCS 5/9-25) (from Ch. 46, par. 9-25)
53 [April 5, 2001] Sec. 9-25. Anonymous contributions and contributions in the name of another person. No person shall make an anonymous contribution or a contribution in the name of another person, and no person shall knowingly accept any anonymous contribution or contribution made by one person in the name of another person. Anonymous contributions shall escheat to the State of Illinois. Any political committee that receives such a contribution shall forward it immediately to the State Treasurer. (Source: P.A. 78-1183.)". Representative Daniels offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3581 AMENDMENT NO. 2. Amend House Bill 3581, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 9-25 and by adding Section 9-25.5 as follows: (10 ILCS 5/9-25) (from Ch. 46, par. 9-25) Sec. 9-25. Anonymous contributions and contributions in the name of another person prohibited. (a) No person shall make an anonymous contribution or a contribution in the name of another person, and no person shall knowingly accept any anonymous contribution or contribution made by one person in the name of another person. (b) Anonymous contributions and contributions in the name of another person shall escheat to the State of Illinois. Any political committee that receives such a contribution shall forward it immediately to the State Treasurer. (c) Any person who knowingly makes an anonymous contribution or a contribution in the name of another person is guilty of a Class A misdemeanor and may be fined an amount no greater than 3 times the amount of the prohibited contribution. (d) For the purposes of this Section, "contribution in the name of another person" means a contribution in which (i) the source of the contribution and (ii) the person or entity causing the contribution to be made are not reported under this Article. (Source: P.A. 78-1183.) (10 ILCS 5/9-25.5 new) Sec. 9-25.5. Contributions from foreign nationals prohibited. No candidate or political committee may solicit, accept, or receive, directly or indirectly, a contribution made by a foreign national. For the purposes of this Section, "foreign national" means (i) a government of a foreign country and a foreign political party; (ii) a person outside of the United States, unless it established that the person is an individual and a citizen of and domiciled within the United States, or that the person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and (iv) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined in Section 1101(a)(20) of Title 8 of the United States Code. The term "foreign national" does not include any individual who is a citizen of the United States. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was
[April 5, 2001] 54 advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Daniels, HOUSE BILL 3581 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 107, Yeas; 5, Nays; 1, Answering Present. (ROLL CALL 52) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3583. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 3583 AMENDMENT NO. 1. Amend House Bill 3583 by replacing everything after the enacting clause with the following: "Section 5. The Legislative Commission Reorganization Act of 1984 is amended by changing Section 9-1 as follows: (25 ILCS 130/9-1) (from Ch. 63, par. 1009-1) Sec. 9-1. The Legislative Printing Unit is hereby established as a legislative support services agency. The Legislative Printing Unit is subject to the provisions of this Act, and shall exercise the powers and duties delegated to it herein and any
55 [April 5, 2001] purchase office equipment if the member certifies to the Secretary of the Senate or the Clerk of the House, as applicable, that the purchase price, whether paid in lump sum or installments, amounts to less than would be charged for renting or leasing the equipment over its anticipated useful life. All such equipment must be purchased through the Secretary of the Senate or the Clerk of the House, as applicable, for proper identification and verification of purchase. Each member of the General Assembly is authorized to employ one or more legislative assistants, who shall be solely under the direction and control of that member, for the purpose of assisting the member in the performance of his or her official duties. A legislative assistant may be employed pursuant to this Section either under contract or as a State employee, at the discretion of the member. If employed as a State employee, a legislative assistant shall receive employment benefits on the same terms and conditions that apply to other employees of the General Assembly. As used in this Section the term "personal services" shall include contributions of the State under the Federal Insurance Contribution Act and under Article 14 of the Illinois Pension Code. As used in this Section the term "contractual services" shall not include improvements to real property unless those improvements are the obligation of the lessee under the lease agreement. Beginning July 1, 1989, as used in the Section, the term "travel" shall be limited to travel in connection with a member's legislative duties and not in connection with any political campaign. Beginning July 1, 1989, as used in this Section, the term "printing" includes congratulatory mailings, including but not limited to greeting or welcome messages, anniversary or birthday cards, and congratulations for prominent achievement cards. As used in this Section, the term "printing" includes fees for non-substantive resolutions charged by the Clerk of the House of Representatives under subsection (c-5) of Section 1 of the Legislative Materials Act. No constituent newsletter that is paid for, in whole or in part, with funds provided under this Section may be printed or distributed beginning on September 1 in any year in which a general election will be held and until the day after the date on which the general election is held. Nothing in this Section shall be construed to authorize expenditures for lodging and meals while a member is in attendance at sessions of the General Assembly. Any utility bill for service provided to a member's district office for a period including portions of 2 consecutive fiscal years may be paid from funds appropriated for such expenditure in either fiscal year. If a vacancy occurs in the office of Senator or Representative in the General Assembly, any office equipment in the possession of the vacating member shall transfer to the member's successor; if the successor does not want such equipment, it shall be transferred to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and if not wanted by other members of the General Assembly then to the Department of Central Management Services for treatment as surplus property under the State Property Control Act. Each member, on or before June 30th of each year, shall conduct an inventory of all equipment purchased pursuant to this Act. Such inventory shall be filed with the Secretary of the Senate or the Clerk of the House, as the case may be. Whenever a vacancy occurs, the Secretary of the Senate or the Clerk of the House, as the case may be, shall conduct an inventory of equipment purchased. In the event that a member leaves office during his or her term, any unexpended or unobligated portion of the allowance granted under this Section shall lapse. The vacating member's successor shall be granted an allowance in an amount, rounded to the nearest dollar, computed by dividing the annual allowance by 365 and multiplying the quotient by the number of days remaining in the fiscal year. From any appropriation for the purposes of this Section for a fiscal year which overlaps 2 General Assemblies, no more than 1/2 of the annual allowance per member may be spent or encumbered by any member of either the outgoing or incoming General Assembly, except that
[April 5, 2001] 56 any member of the incoming General Assembly who was a member of the outgoing General Assembly may encumber or spend any portion of his annual allowance within the fiscal year. The appropriation for the annual allowances permitted by this Section shall be included in an appropriation to the President of the Senate and to the Speaker of the House of Representatives for their respective members. The President of the Senate and the Speaker of the House shall voucher for payment individual members' expenditures from their annual office allowances to the State Comptroller, subject to the authority of the Comptroller under Section 9 of the State Comptroller Act. (Source: P.A. 90-569, eff. 1-28-98.) Section 10. The Legislative Commission Reorganization Act of 1984 is amended by adding Section 9-2.5 as follows: (25 ILCS 130/9-2.5 new) Sec. 9-2.5. Constituent newsletters. The Legislative Printing Unit may not print for any member of the General Assembly any constituent newsletter beginning on September 1 in any year in which a general election will be held and until the day after the date on which the general election is held. A member of the General Assembly may not distribute beginning on September 1 in any year in which a general election will be held and until the day after the date on which the general election is held any constituent newsletter that was printed, at any time, by the Legislative Printing Unit. Section 15. The Election Code is amended by adding Section 9-25.5 as follows: (10 ILCS 5/9-25.5 new) Sec. 9-25.5. Constituent newsletters. A candidate who is a member of the General Assembly must comply with the provisions of Section 4 of the General Assembly Compensation Act concerning the printing and distribution of constituent newsletters and with Section 9-2.5 of the Legislative Commission Reorganization Act of 1984. A violation of the provisions of Section 4 of the General Assembly Compensation Act concerning the printing and distribution of constituent newsletters or of Section 9-2.5 of the Legislative Commission Reorganization Act of 1984 is a violation of this Article. Section 99. Effective date. This Act takes effect upon becoming law.". And on that motion, a vote was taken resulting as follows: 92, Yeas; 11, Nays; 11, Answering Present. (ROLL CALL 53) The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Daniels, HOUSE BILL 3583 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: 97, Yeas; 5, Nays; 12, Answering Present. (ROLL CALL 54) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
57 [April 5, 2001] Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 1330. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. Floor Amendment No. 2 remained in the Committee on Election & Campaign Reform. Representative Daniels offered the following amendments and moved their adoption: AMENDMENT NO. 3 TO HOUSE BILL 1330 AMENDMENT NO. 3. Amend House Bill 1330, AS AMENDED, by replacing the title with the following: "AN ACT in relation to ethics."; and by replacing everything after the enacting clause with the following: "Section 1. Purpose. (a) The General Assembly finds and declares that: (1) Public Act 90-737, effective January 1, 1999, contained provisions creating the State Gift Ban Act and amending the Open Meetings Act, the Freedom of Information Act, the Illinois Governmental Ethics Act, the Election Code, and the Lobbyist Registration Act. (2) On March 30, 1999, the Illinois Circuit Court of the 7th Judicial Circuit, in Illinois State Bar Association v. Ryan, Case No. 99-MR-363, ruled that the provisions of Public Act 90-737 creating the State Gift Ban Act (i) are unconstitutional to the extent the legislature attempted to prohibit activities already in force as to judges and (ii) are unconstitutional to the extent that bodies other than the Judicial Inquiry Board and the Courts Commission may discipline judges. On September 8, 2000, the Illinois Circuit Court of the 12th Judicial Circuit, in Flynn v. Ryan, Docket No. 99 CH 340, ruled that Public Act 90-737 (i) is unconstitutionally vague; (ii) violates the separation of powers clause (Article 2, Section 1) of the Illinois Constitution; (iii) violates the provisions of Article 4, Section 14 of the Illinois Constitution, which provides the sole means for removing officials from office; (iv) violates Article 4, Section 2(c) of the Illinois Constitution, which sets eligibility requirements to hold office; and (v) is unconstitutional in its entirety. (3) The provisions of Public Act 90-737 are of vital concern to the people of this State, and legislative action concerning Public Act 90-737 is necessary. (b) It is the purpose of this Act to re-enact the provisions of Public Act 90-737, including subsequent amendments. This Act is intended to remove any question as to the validity or content of those provisions. (c) This Act is not intended to supersede any other Public Act that amends the text of the Sections as set forth in this Act. The material is shown as existing text (i.e., without striking or underscoring), except (i) for technical changes having a revisory function and (ii) as provided in subsection (d) of this Section. (d) In addition to re-enacting the provisions of Public Act 90-737, this Act amends Sections 5, 10, 15, 20, 30, 35, 45, 55, 60, 80, 83, and 85 of the State Gift Ban Act; Section 1.02 of the Open Meetings Act; Sections 9-3, 9-8.10, 9-8.15, 9-9.5, 9-10, 9-23, and 9-27.5 of the Election Code; and Section 50-30 of the Illinois Procurement Code and adds Sections 9-8.5, 9-8.7, and 9-25.2 to the Election Code and Section 33-3.1 to the Criminal Code of 1961. The amendments are shown by underscoring and striking text.
[April 5, 2001] 58 Section 5. The State Gift Ban Act is amended by re-enacting Sections 1, 25, 40, 50, 65, 70, and 75 and by re-enacting and changing Sections 5, 10, 15, 20, 30, 35, 45, 55, 60, 80, 83, and 85 as follows: (5 ILCS 425/1) Sec. 1. Short title. This Act may be cited as the State Gift Ban Act. (Source: P.A. 90-737, eff. 1-1-99.) (5 ILCS 425/5) Sec. 5. Definitions. As used in this Act: "Commission" means an ethics commission created by this Act. "Employee" means all full-time, part-time, and contractual employees of the executive and legislative branches of State government
59 [April 5, 2001] Minority Leader of the House of Representatives. (2) For State employees who are professional staff or employees of the Senate and not covered under item (1), the Senate Operations Commission. (3) For State employees who are professional staff or employees of the House of Representatives and not covered under item (1), the Speaker of the House of Representatives. (4) For State employees who are employees of the legislative support services agencies, the Joint Committee on Legislative Support Services. (5) (Blank).
[April 5, 2001] 60 (iii) whether to the actual knowledge of the member, officer, or employee
61 [April 5, 2001]
[April 5, 2001] 62
63 [April 5, 2001]
[April 5, 2001] 64 the House of Representatives and the President and the Minority Leader of the Senate shall each appoint 2 commissioners.
65 [April 5, 2001] (5) To subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act. (6) To request that the Attorney General provide legal advice without charge to the commission. (7) To prepare and publish manuals and guides explaining the duties of individuals covered by this Act. (8) To prepare public information materials to facilitate compliance, implementation, and enforcement of this Act. (9) To submit to each commissioner's respective appointing authority or authorities an annual statistical report for each year consisting of (i) the number of complaints filed, (ii) the number of complaints deemed to sufficiently allege a violation of this Act, (iii) the recommendation, fine, or decision issued for each complaint, (iv) the number of complaints resolved, and (v) the status of pending complaints. (10) To make rulings and issue advisory opinions in connection with the implementation and interpretation of this Act. The powers and duties of a commission are limited to matters clearly within the purview of this Act. (Source: P.A. 90-737, eff. 1-1-99.) (5 ILCS 425/60) Sec. 60. Complaint procedure. (a) Complaints alleging the violation of this Act shall be filed with the appropriate ethics commission as follows: (1) If the complaint alleges a violation by an officer or employee of the executive branch of State government, then the complaint shall be filed, as provided by rule, with the executive branch
[April 5, 2001] 66 complaint, and that notice shall be made public. (d) On the scheduled date and upon at least 24 hours' public notice of the meeting, the commission shall conduct a
67 [April 5, 2001] Sec. 75. Review. A commission's decision to dismiss a complaint or its recommendation is not a final administrative decision, but its imposition of a fine is a final administrative decision subject to judicial review under the Administrative Review Law of the Code of Civil Procedure. (Source: P.A. 90-737, eff. 1-1-99.) (5 ILCS 425/80) Sec. 80. Exemption. Documents generated by an ethics officer under this Act are exempt from the provisions of the Freedom of Information Act. Any complaint and related documents filed with an ethics commission under Section 60 are exempt from the provisions of the Freedom of Information Act so long as no finding of probable cause under subsection (c) of Section 60 has been made by the commission with respect to that complaint. Meetings of an ethics commission under subsection (c) of Section 60 are exempt from the provisions of the Open Meetings Act.
[April 5, 2001] 68 child death review team established under the Child Death Review Team Act or an ethics commission
69 [April 5, 2001] subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents. (g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including all information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made. (i) Valuable formulae, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects' plans and engineers' technical submissions for projects not constructed or developed in whole or in part with public funds and for projects constructed or developed with public funds, to the extent that disclosure would compromise security.
[April 5, 2001] 70 (l) Library circulation and order records identifying library users with specific materials. (m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. (n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers. (p) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under Article VII of the Code of Civil Procedure, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. (u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases. (v) Course materials or research materials used by faculty members. (w) Information related solely to the internal personnel rules and practices of a public body. (x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law. (y) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to
71 [April 5, 2001] establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the State of Missouri under the Bi-State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under Section 80 of the State Gift Ban Act. (ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act. (jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code. (kk)
[April 5, 2001] 72 public office who are required by the Illinois Governmental Ethics Act to file statements of economic interests with the county clerk, or on behalf of or in opposition to a candidate or candidates for election to the office of ward or township committeeman in counties of 3,000,000 or more population; (b) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 in support of or in opposition to any question of public policy to be submitted to the electors of an area encompassing no more than one county; or (c) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 and has as its primary purpose the furtherance of governmental, political or social values, is organized on a not-for-profit basis, and which publicly endorses or publicly opposes a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interest with the County Clerk or a candidate or candidates for the office of ward or township committeeman in counties of 3,000,000 or more population. (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.) (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8) Sec. 9-1.8. "State political committee" means the candidate himself or any individual, trust, partnership, committee, association, corporation, or any other organization or group of persons which-- (a) accepts contributions or grants or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interests with the Secretary of State, (b) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 in support of or in opposition to any question of public policy to be submitted to the electors of an area encompassing more than one county, or (c) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 and has as its primary purpose the furtherance of governmental, political or social values, is organized on a not-for-profit basis, and which publicly endorses or publicly opposes a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interest with the Secretary of State. (Source: P.A. 90-737, eff. 1-1-99.) (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9) Sec. 9-1.9. "Political committee" includes State central and county central committees of any political party, and also includes local political committees and state political committees, but does not include any candidate who does not accept contributions or make expenditures during any 12-month period in an aggregate amount exceeding $3,000, nor does it include, with the exception of State central and county central committees of any political party, any individual, trust, partnership, committee, association, corporation, or any other organization or group of persons which does not accept contributions or make expenditures during any 12-month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates or to any question of public policy, and such candidates and persons shall not be required to comply with any filing provisions in this Article. (Source: P.A. 90-737, eff. 1-1-99.) (10 ILCS 5/9-1.12) (from Ch. 46, par. 9-1.12) Sec. 9-1.12. Anything of value includes all things, services, or goods, regardless of whether they may be valued in monetary terms according to ascertainable market value. Anything of value which does not have an ascertainable market value must be reported by describing the thing, services, or goods contributed and by using the contributor's certified market value required under Section 9-6. (Source: P.A. 90-737, eff. 1-1-99.) (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
73 [April 5, 2001] Sec. 9-3. Every state political committee and every local political committee shall file with the State Board of Elections, and every local political committee shall file with the county clerk, a statement of organization within 10 business days of the creation of such committee, except any political committee created within the 30 days before an election shall file a statement of organization within 5 business days. A political committee that acts as both a state political committee and a local political committee shall file a copy of each statement of organization with the State Board of Elections and the county clerk. The statement of organization shall include - (a) the name and address of the political committee (the name of the political committee must include the name of any sponsoring entity); (b) the scope, area of activity, party affiliation, candidate affiliation and his county of residence, and purposes of the political committee; (c) the name, address, and position of each custodian of the committee's books and accounts; (d) the name, address, and position of the committee's principal officers, including the chairman, treasurer, and officers and members of its finance committee, if any; (e) (Blank); (f) a statement of what specific disposition of residual fund will be made in the event of the dissolution or termination of the committee; (g) a listing of all banks or other financial institutions, safety deposit boxes, and any other repositories or custodians of funds used by the committee; (h) the amount of funds available for campaign expenditures as of the filing date of the committee's statement of organization. A political committee that acts as either (i) a state and local political committee or (ii) a local political committee and that files reports electronically under Section 9-28 is not required to file a statement of organization with the appropriate county clerk if the county clerk has a system that permits access to, and duplication of, statements that are filed with the State Board of Elections. For purposes of this Section, a "sponsoring entity" is (i) any person, political committee, organization, corporation, or association that contributes at least 33% of the total funding of the political committee or (ii) any person or other entity that is registered or is required to register under the Lobbyist Registration Act and contributes at least 33% of the total funding of the political committee. (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.) (10 ILCS 5/9-6) (from Ch. 46, par. 9-6) Sec. 9-6. Accounting for contributions. (a) Every person who receives a contribution in excess of $20 for a political committee shall, on demand of the treasurer, and in any event within 5 days after receipt of such contribution, render to the treasurer a detailed account thereof, including the amount, the name and address of the person making such contribution, and the date on which it was received. (b) Within 5 business days of contributing goods or services of more than $50 value to a political committee, the contributor shall certify the value of the contribution to the political committee on forms prescribed by the State Board of Elections. The forms shall include the name and address of the contributor, a description and market value of the goods or services, and the date on which the contribution was made. (c) All funds of a political committee shall be segregated from, and may not be commingled with, any personal funds of officers, members, or associates of such committee. (Source: P.A. 90-737, eff. 1-1-99.) (10 ILCS 5/9-7.5) Sec. 9-7.5. Nonprofit organization registration and disclosure.
[April 5, 2001] 74 (a) Each nonprofit organization, except for a labor union (i) registered under the Lobbyist Registration Act or for which lobbying is undertaken by persons registered under that Act, (ii) that has not established a political committee, and (iii) that accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $5,000 (I) on behalf of or in opposition to public officials, candidates for public office, or a question of public policy and (II) for the purpose of influencing legislative, executive, or administrative action as defined in the Lobbyist Registration Act shall register with the State Board of Elections. The Board by rule shall prescribe the registration procedure and form. The registration form shall require the following information: (1) The registrant's name, address, and purpose. (2) The name, address, and position of each custodian of the registrant's financial books, accounts, and records. (3) The name, address, and position of each of the registrant's principal officers. (b) Each nonprofit organization required to register under subsection (a) shall file contribution and expenditure reports with the Board. The Board by rule shall prescribe the form, which shall require the following information: (1) The organization's name, address, and purpose. (2) The amount of funds on hand at the beginning of the reporting period. (3) The full name and address of each person who has made one or more contributions to or for the organization within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of the contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the organization has made a good faith effort to ascertain this information. (4) The total sum of individual contributions made to or for the organization during the reporting period and not reported in item (3). (5) The name and address of each organization and political committee from which the reporting organization received, or to which that organization made, any transfer of funds in an aggregate amount or value in excess of $150, together with the amounts and dates of the transfers. (6) The total sum of transfers made to or from the organization during the reporting period and not reported in item (5). (7) Each loan to or from any person within the reporting period by or to the organization in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of the loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of the individual or, if the occupation and employer of the individual are unknown, a statement that the organization has made a good faith effort to ascertain this information. (8) The total amount of proceeds received by the organization from (i) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fundraising event, (ii) mass collections made at those events, and (iii) sales of items such as buttons, badges, flags, emblems, hats, banners, literature, and similar materials. (9) Each contribution, rebate, refund, or other receipt in excess of $150 received by the organization not otherwise listed under items (3) through (8), and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the organization has made a good faith effort to ascertain this information.
75 [April 5, 2001] (10) The total sum of all receipts by or for the organization during the reporting period. (11) The full name and mailing address of each person to whom expenditures have been made by the organization within the reporting period in an aggregate amount or value in excess of $150, the amount, date, and purpose of each expenditure, and the question of public policy on behalf of which the expenditure was made. (12) The full name and mailing address of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made and which is not otherwise reported, including the amount, date, and purpose of the expenditure. (13) The total sum of expenditures made by the organization during the reporting period. (14) The full name and mailing address of each person to whom the organization owes debts or obligations in excess of $150 and the amount of the debts or obligations. The State Board by rule shall define a "good faith effort". (c) The reports required under subsection (b) shall be filed at the same times and for the same reporting periods as reports of campaign contributions and semi-annual reports of campaign contributions and expenditures required by this Article of political committees. The reports required under subsection (b) shall be available for public inspection and copying in the same manner as reports filed by political committees. The Board may charge a fee that covers the costs of copying and distribution, if any. (d) An organization required to file reports under subsection (b) shall include a statement on all literature and advertisements soliciting funds stating the following: "A copy of our report filed with the State Board of Elections is (or will be) available for purchase from the State Board of Elections, Springfield, Illinois". (Source: P.A. 90-737, eff. 1-1-99.) (10 ILCS 5/9-8.5 new) Sec. 9-8.5. Prohibited solicitations by certain State officials, employees, and appointees. An executive branch constitutional officer, his or her employees, or a candidate in a general primary election or general election for that constitutional office may not knowingly solicit contributions from that constitutional officer's employees, regardless of the time, place, or manner of solicitation. For the purpose of this Section: executive branch constitutional officer means the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Comptroller; and employee means a full-time or part-time salaried employee or a salaried appointee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of the applicable officer or entity. Violation of this Section constitutes grounds for disciplinary action, including discharge, against the offending officer or employee to the extent permissible under the Illinois Constitution. In the case of an executive branch constitutional officer, violation of this Section may constitute grounds for his or her impeachment. Nothing in this Section prevents the making or accepting of voluntary contributions otherwise in accordance with law. (10 ILCS 5/9-8.7 new) Sec. 9-8.7. Prohibited offer or promise. An executive branch constitutional officer, an employee of an executive branch constitutional officer, or a candidate in a general primary election or general election for an executive branch constitutional office may not promise anything of value, including but not limited to positions in State government, promotions, salary increases, or preferential treatment of any type, in return for a contribution to a political committee, political party, or other entity that has as one of its purposes the financial support of a candidate for elective office. For the purpose of this Section: executive branch constitutional officer means the Governor, Lieutenant Governor, Secretary of State,
[April 5, 2001] 76 Attorney General, State Treasurer, and State Comptroller; and employee means a full-time or part-time salaried employee or a salaried appointee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of the applicable officer or entity. Violation of this Section constitutes grounds for disciplinary action, including discharge, against the offending officer or employee to the extent permissible under the Illinois Constitution. In the case of an executive branch constitutional officer, violation of this Section may constitute grounds for his or her impeachment. Nothing in this Section prevents the making or accepting of voluntary contributions otherwise in accordance with law. (10 ILCS 5/9-8.10) Sec. 9-8.10. Use of political committee and other reporting organization funds. (a) The funds of (i) a political committee controlled by an officeholder or by a candidate or (ii) an organization subject to Section 9-7.5 may be used only for: (1) Expenditures that would not be included in base income under Section 203 of the Illinois Income Tax Act and the regulations promulgated under that Section. (2) Defraying the ordinary and necessary expenses of an officeholder or candidate. For the purposes of this paragraph (2), "ordinary and necessary expenses" include, but are not limited to, expenses in relation to the operation of the district office of a member of the General Assembly. (3) Donations to organizations exempt from taxation under Section 170(c) of the Internal Revenue Code. (4) Transfers to any national, State, or local political committee, subject to the laws governing that political committee.
77 [April 5, 2001]
[April 5, 2001] 78 (10 ILCS 5/9-9.5) Sec. 9-9.5. Disclosure on political literature. (Blank).
79 [April 5, 2001] (1) For the first violation of this subsection, not more than $500. (2) For a second or subsequent violation of this subsection, not more than $1,000.
[April 5, 2001] 80 during the reporting period and not reported under item (6); (8) each loan to or from any person within the reporting period by or to such committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of that individual, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information; (9) the total amount of proceeds received by such committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund-raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials; (10) each contribution, rebate, refund, or other receipt in excess of $150 received by such committee not otherwise listed under items (4) through (9), and if a contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information; (11) the total sum of all receipts by or for such committee or candidate during the reporting period. The Board shall by rule define a "good faith effort". The reports of campaign contributions filed under this Article shall be cumulative during the reporting period to which they relate. (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.) (10 ILCS 5/9-12) (from Ch. 46, par. 9-12) Sec. 9-12. Each report of campaign contributions required by Section 9-10 of this Article to be filed with the Board or the Board and the county clerk shall be verified, dated, and signed by either the treasurer of the political committee making the report or the candidate on whose behalf the report is made, and shall contain substantially the following: REPORT OF CAMPAIGN CONTRIBUTIONS (1) name and address of the political committee: ....................................................................... (2) the date of the beginning of the reporting period, and the amount of funds on hand at the beginning of the reporting period: ....................................................................... (3) the full name and mailing address of each person who has made one or more contributions to or for the committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information: name address amount date occupation employer .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ (4) the total sum of individual contributions made to or for the committee during the reporting period and not reported under item (3) - ....................................................................... (5) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in an aggregate amount or value in excess of $150, together with the amounts and dates of all transfers: name address amount date .......... .......... .......... .......... .......... .......... .......... ..........
81 [April 5, 2001] .......... .......... .......... .......... (6) the total sum of transfers made to or from such committee during the reporting period and not under item (5): ............................................................. (7) each loan to or from any person within the reporting period by or to the committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of each person making the loan, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information: (8) the total amount of proceeds received by the committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund-raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials: (a).......................................................... (b).......................................................... (c).......................................................... (9) each contribution, rebate, refund, or other receipt in excess of $150 received by the committee not otherwise listed under items (3) through (8), and if the contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information: name address amount date occupation employer .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ (10) the total sum of all receipts by or for the committee during the reporting period: ....................................................................... VERIFICATION: "I declare that this report of campaign contributions (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete report as required by Article 9 of The Election Code. I understand that willfully filing a false or incomplete statement is a business offense subject to a fine of up to $5,000." ....................................................................... (date of filing) (signature of person making the report) (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.) (10 ILCS 5/9-13) (from Ch. 46, par. 9-13) Sec. 9-13. Each semi-annual report of campaign contributions and expenditures under Section 9-10 shall disclose- (1) the name and address of the political committee; (2) (Blank); (3) the amount of funds on hand at the beginning of the reporting period; (4) the full name and mailing address of each person who has made one or more contributions to or for such committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if the contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information; (5) the total sum of individual contributions made to or for such committee during the reporting period and not reported under item (4); (6) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in the aggregate amount or value in excess of $150,
[April 5, 2001] 82 together with the amounts and dates of all transfers; (7) the total sum of transfers made to or from such committee during the reporting period and not reported under item (6); (8) each loan to or from any person within the reporting period by or to such committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of that individual, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information; (9) the total amount of proceeds received by such committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund-raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials; (10) each contribution, rebate, refund, or other receipt in excess of $150 received by such committee not otherwise listed under items (4) through (9), and if the contributor is an individual who contributed more than $500, the occupation and employer of the contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information; (11) the total sum of all receipts by or for such committee or candidate during the reporting period; (12) the full name and mailing address of each person to whom expenditures have been made by such committee or candidate within the reporting period in an aggregate amount or value in excess of $150, the amount, date, and purpose of each such expenditure and the question of public policy or the name and address of, and office sought by, each candidate on whose behalf such expenditure was made; (13) the full name and mailing address of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made, and which is not otherwise reported, including the amount, date, and purpose of such expenditure; (14) the total sum of expenditures made by such committee during the reporting period; (15) the full name and mailing address of each person to whom the committee owes debts or obligations in excess of $150, and the amount of such debts or obligations. The Board shall by rule define a "good faith effort". (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.) (10 ILCS 5/9-14) (from Ch. 46, par. 9-14) Sec. 9-14. Each semi-annual report of campaign contributions and expenditures required by Section 9-10 of this Article to be filed with the Board or the Board and the county clerk shall be verified, dated, and signed by either the treasurer of the political committee making the report or the candidate on whose behalf the report is made, and shall contain substantially the following: SEMI-ANNUAL REPORT OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES (1) name and address of the political committee: ....................................................................... (2) the date of the beginning of the reporting period, and the amount of funds on hand at the beginning of the reporting period; ....................................................................... (3) the full name and mailing address of each person who has made one or more contributions to or for the committee within the reporting period in an aggregate amount or value in excess of $150, together with the amount and date of such contributions, and if a contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information:
83 [April 5, 2001] name address amount date occupation employer .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ .... ....... ...... .... .......... ........ (4) the total sum of individual contributions made to or for the committee during the reporting period and not reported under item--(3): ....................................................................... (5) the name and address of each political committee from which the reporting committee received, or to which that committee made, any transfer of funds, in an aggregate amount or value in excess of $150, together with the amounts and dates of all transfers: name address amount date .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... (6) the total sum of transfers made to or from such committee during the reporting period and not reported under item (5); (7) each loan to or from any person within the reporting period by or to the committee in an aggregate amount or value in excess of $150, together with the full names and mailing addresses of the lender and endorsers, if any, and the date and amount of such loans, and if a lender or endorser is an individual who loaned or endorsed a loan of more than $500, the occupation and employer of each person making the loan, or if the occupation and employer of the individual are unknown, a statement that the committee has made a good faith effort to ascertain this information: name address amount date endorsers occupation employer .... ....... ...... .... ......... .......... ........ .... ....... ...... .... ......... .......... ........ .... ....... ...... .... ......... .......... ........ (8) the total amount of proceeds received by the committee from (a) the sale of tickets for each dinner, luncheon, cocktail party, rally, and other fund-raising events; (b) mass collections made at such events; and (c) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials: (a).................................................................... (b).................................................................... (c).................................................................... (9) each contribution, rebate, refund, or other receipt in excess of $150 received by the committee not otherwise listed under items (3) through (8), and if a contributor is an individual who contributed more than $500, the occupation and employer of each contributor or, if the occupation and employer of the contributor are unknown, a statement that the committee has made a good faith effort to ascertain this information: name address amount date endorsers occupation employer .... ....... ...... .... ......... .......... ........ .... ....... ...... .... ......... .......... ........ .... ....... ...... .... ......... .......... ........ (10) the total sum of all receipts by or for the committee during the reporting period: ....................................................................... (11) the full name and mailing address of each person to whom expenditures have been made by the committee within the reporting period in an aggregate amount or value in excess of $150, the amount, date, and purpose of each such expenditure, and the question of public policy or the name and address of, and office sought by, each candidate on whose behalf the expenditure was made: name address amount date purpose beneficiary .......... ....... ...... .... ....... ........... .......... ....... ...... .... ....... ........... .......... ....... ...... .... ....... ........... .......... ....... ...... .... ....... ...........
[April 5, 2001] 84 .......... ....... ...... .... ....... ........... (12) the full name and mailing address of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $150 has been made, and which is not otherwise reported, including the amount, date, and purpose of such expenditure: name address amount date purpose .......... .......... ........ ........ .......... .......... .......... ........ ........ .......... .......... .......... ........ ........ .......... (13) the total sum of expenditures made by the committee during the reporting period; ....................................................................... (14) the full name and mailing address of each person to whom the committee owes debts or obligations in excess of $150, and the amount of such debts or obligations: ....................................................................... ....................................................................... VERIFICATION: "I declare that this semi-annual report of campaign contributions and expenditures (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete report as required by Article 9 of The Election Code. I understand that willfully filing a false or incomplete report is a business offense subject to a fine of up to $5,000." ................ ....................................... (date of filing) (signature of person making the report) (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.) (10 ILCS 5/9-23) (from Ch. 46, par. 9-23) Sec. 9-23. Whenever the Board, pursuant to Section 9-21, has issued an order, or has approved a written stipulation, agreed settlement or consent order, directing a person determined by the Board to be in violation of any provision of this Article or any regulation adopted thereunder, to cease or correct such violation or otherwise comply with this Article and such person fails or refuses to comply with such order, stipulation, settlement or consent order within the time specified by the Board, the Board, after affording notice and an opportunity for a public hearing, may impose a civil penalty on such person in an amount not to exceed $5,000; except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. For the purpose of this Section, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. Civil penalties imposed on any such person by the Board shall be enforceable in the Circuit Court. The Board shall petition the Court for an order to enforce collection of the penalty and, if the Court finds it has jurisdiction over the person against whom the penalty was imposed, the Court shall issue the appropriate order. Any civil penalties collected by the Court shall be forwarded to the State Treasurer. In addition to or in lieu of the imposition of a civil penalty, the board may report such violation and the failure or refusal to comply with the order of the Board to the Attorney General and the appropriate State's Attorney.
85 [April 5, 2001] The appropriate State's Attorney or the Attorney General shall bring actions in the name of the people of the State of Illinois. (c) Any contribution solicited in violation of Section 33-3.1 of the Criminal Code of 1961 shall escheat to the State of Illinois. Any candidate or political committee that receives a contribution prohibited by this Section shall forward it immediately to the State Treasurer. (10 ILCS 5/9-26) (from Ch. 46, par. 9-26) Sec. 9-26. Willful failure to file or willful filing of false or incomplete information required by this Article shall constitute a business offense subject to a fine of up to $5,000. Willful filing of a false complaint under this Article shall constitute a Class B misdemeanor. A prosecution for any offense designated by this Article shall be commenced no later than 18 months after the commission of the offense. The appropriate State's Attorney or the Attorney General shall bring such actions in the name of the people of the State of Illinois. (Source: P.A. 90-737, eff. 1-1-99.) (10 ILCS 5/9-27.5) Sec. 9-27.5. Fundraising in or within 50 miles of the State Capitol building
[April 5, 2001] 86 election authorities. The Board shall implement a plan to provide computer access and assistance to candidates, public officials, political committees, and election authorities with respect to electronic filings required under this Article. For the purposes of this Section, "political committees" includes entities required to report to the Board under Section 9-7.5. (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.) (10 ILCS 5/29-14 rep.) Section 30. The Election Code is amended by repealing Section 29-14. Section 35. The Lobbyist Registration Act is amended by re-enacting Section 6.5 as follows: (25 ILCS 170/6.5) Sec. 6.5. Response to report by official. (a) Every person required to register as prescribed in Section 3 and required to file a report with the Secretary of State as prescribed in Section 6 shall, at least 25 days before the deadline for filing the report, provide a copy of the report to each official listed in the report by first class mail or hand delivery. An official may, within 10 days after receiving the copy of the report, provide written objections to the report by first class mail or hand delivery to the person required to file the report. If those written objections conflict with the final report that is filed, the written objections shall be filed along with the report. (b) Failure to provide a copy of the report to an official listed in the report within the time designated in this Section is a violation of this Act. (Source: P.A. 90-737, eff. 1-1-99.) Section 40. The Illinois Procurement Code is amended by changing Section 50-30 as follows: (30 ILCS 500/50-30) Sec. 50-30. Revolving door prohibition. No former State officer or State employee may, within a period of 2 years immediately preceding termination of State employment, accept employment or receive compensation from an employer if: (1) The officer or employee, during the 2 years immediately preceding termination of State employment, was engaged in the negotiation or administration on behalf of the State or agency of one or more contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or nature of such administration; or (2) The officer or employee was the chief procurement officer, associate procurement office, State purchasing officer, designee of one of those officers whose principal duties are directly related to State procurement, or executive officer confirmed by the Senate. This prohibition includes but is not limited to: lobbying the procurement process; specifying; bidding; proposing bid, proposal, or contract documents; on his or her own behalf or on behalf of any firm, partnership, association, or corporation. This Section applies only to persons who terminate an affected position on or after the effective date of this amendatory Act of the 92nd General Assembly.
87 [April 5, 2001] 33-3.1 as follows: (720 ILCS 5/33-3.1 new) Sec. 33-3.1. Solicitation misconduct. (a) A public employee commits solicitation misconduct when he or she knowingly solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, from a person engaged in a business or activity over which the public employee has the responsibility to investigate or inspect, and enforce, regulatory measures necessary to the requirements of any State or federal statute or regulation relating to the business or activity. (b) A public employee convicted of committing solicitation misconduct forfeits his or her employment. In addition, he or she commits a Class A misdemeanor. (c) An employee of a State agency who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by a State agency because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole. (d) Any person who knowingly makes a false report of solicitation misconduct to the State Police, the Attorney General, a State's Attorney, or any law enforcement official shall be guilty of a Class C misdemeanor. Section 90. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. Section 95. Because this Act authorizes the legislative ethics commission to meet in closed session in certain circumstances, in order to meet the requirements of subsection (c) of Section 5 of Article IV of the Illinois Constitution, for passage this Act needs a 2/3 vote of the members elected to each house of the General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 4 TO HOUSE BILL 1330 AMENDMENT NO. 4. Amend House Bill 1330, AS AMENDED, with reference to page and line numbers of House Amendment No. 3, on page 50, line 32, by replacing "2" with "5
[April 5, 2001] 88 read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 60, Yeas; 55, Nays; 1, Answering Present. (ROLL CALL 56) VERIFIED ROLL CALL This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 63. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Environment & Energy, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 63 AMENDMENT NO. 1. Amend House Bill 63 by replacing the title with the following: "AN ACT in relation to natural resources."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Clean Air and Development Act. Section 5. Definitions. For the purposes of this Act: "Agency" means the Illinois Environmental Protection Agency. "Board" means the Clean Air and Development Board. "Fund" means the Clean Air and Development Fund. "Generating unit" means any coal-fired electricity generating facility with a nameplate capacity of 15 megawatts or greater used primarily to generate electricity for sale. "Project" means any proposal submitted to the Board in response to a request for project proposals that includes a technology that will enhance the use of Illinois coal in Illinois while enhancing environmental protection. "Project" may include the cost of transmission facilities needed to transmit the electricity generated from a site using such technology or the costs of coal handling. These technologies include but are not limited to, flue gas desulfurization (or "scrubbing"), limestone injection multistage burners, selective catalytic reduction, selective non-catalytic reduction, coal re-burning, staged combustion (or "overfire air"), low-NOx burners, ammonia reagent injection systems, repowering, fluidized-bed combustion, integrated gasification combined cycle, coal liquefaction, and coal gasification. "Qualified personnel" means employees who install, operate, and maintain generation, transmission, or distribution facilities within the State and have the requisite knowledge, skills, and competence to perform those functions in a safe and responsible manner in order to provide safe and reliable service. Section 10. Clean Air and Development Board. (a) The Clean Air and Development Board is established as an advisory board to the Agency. The Board shall be composed of the following 15 voting members and one non-voting member: one member of the General Assembly appointed by the Speaker of the House of Representatives, one member of the General Assembly appointed by the Minority Leader of the House of Representatives; one member of the General Assembly appointed by the President of the Senate, one member of the General Assembly appointed by the Minority Leader of the Senate; one member appointed by the Governor; one member selected by the International Brotherhood of Electrical Workers; one member selected by the United Mine Workers; 3 members selected by the Illinois Coal Association; 3 members selected by the Illinois Environmental Council; one member selected by the Sierra Club; one member selected by the
89 [April 5, 2001] American Lung Association; and one non-voting member selected by the Illinois Energy Association. The Governor shall select one of the 15 Board members to serve as Chair pending the first election of officers by Board members. The member appointed by the Governor shall serve for a term of 4 years, unless otherwise provided in this subsection. The initial term of the original appointee shall expire on January 15, 2005. The term of the member appointed by the Governor to fill a vacancy created on January 15, 2005, shall expire on January 15, 2009. The term of the member appointed by the Governor to fill a vacancy created on January 15, 2009, shall expire on January 15, 2013 or January 15, 2017, as determined by the Governor. A member appointed by a legislative leader shall serve a term of 5 years, unless otherwise provided in this subsection. The initial term of a member appointed by a legislative leader shall expire on January 15, 2006. The term of a member appointed by a legislative leader to fill a vacancy created on January 15, 2006, shall expire on January 15, 2011 or January 15, 2017, as determined by the legislative leader. The members chosen by the International Brotherhood of Electrical Workers, United Mine Workers, Illinois Coal Association, Illinois Environmental Council, Sierra Club, American Lung Association, and Illinois Energy Association shall serve for terms of 6 years. The initial terms of original appointees shall expire on January 15, 2007. The term of a member chosen by the International Brotherhood of Electrical Workers, United Mine Workers, Illinois Coal Association, Illinois Environmental Council, Sierra Club, American Lung Association, or Illinois Energy Association to fill a vacancy created on January 15, 2007 shall expire as follows: 5 on January 15, 2013 and 6 on January 15, 2017, as determined by lot. A Board member appointed by the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, or the Minority Leader of the Senate shall not receive compensation. All other Board members shall be entitled to compensation for their services not to exceed $25,000 annually. All Board members shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties as Board members. The Board shall meet at least annually or at the call of the Chair for a meeting of the Board. At any time, a majority of the Board may petition the Chair for a meeting of the Board. A quorum shall be defined as a majority of those voting members appointed to the Board. (b) The Board shall provide advice and make recommendations on the following Agency powers and duties: (1) To develop a program to increase the utilization of Illinois coal. (2) To approve projects and funding, if the owner of the generating unit receiving the funding agrees to: (A) burn Illinois coal to generate electricity, (B) employ qualified personnel to install, operate, and maintain generation, transmission, or distribution facilities within the State, and (C) reduce its emissions of sulfur dioxide or nitrogen oxides or both as described in subdivisions (c)(3) and (c)(4) of Section 15 of this Act. (3) To cooperate to the fullest extent possible with State and federal agencies and departments, independent organizations, and other interested groups, public and private, for the purposes of promoting Illinois coal resources. (4) To submit an annual report to the Governor and the General Assembly outlining the progress and accomplishments made in the year, providing an annual accounting of funds received and disbursed, and reviewing the status of the program. (5) To adopt, amend, and repeal rules, regulations, and bylaws governing the Board's organization and conduct of business. (6) To recommend the authorization of the expenditure of moneys for coal mining and coal development projects from the Clean Air and Development Fund. The expenditures shall be used to fund a
[April 5, 2001] 90 recommended amount of up to 50% of the costs of a proposed project. However, the Board may exceed this amount if the merits of the project are determined by the Board to warrant additional funding and the project is approved by a two-thirds vote of a quorum. All other projects shall be approved by vote of a simple majority of a quorum. The Board may use grants, loans, or any other financial mechanism or any combination thereof to fund such proposed projects consistent with this Act. (7) To develop strategies and to propose policies to promote environmentally responsible uses of Illinois coal for meeting electric power supply requirements and for other purposes. (8) To develop and propose strategies that would allow the transfer of ozone season nitrogen oxide credits from the transportation and area source sectors of the Illinois SIP Call NOx budget to the electric generating unit sector for the purpose of offsetting any nitrogen oxide emission increases associated with a funded project. (9) The Board may consider using stockpiled emission credits or the value of those credits as a factor in considering proposed projects. (10) Projects on which construction had not yet commenced prior to January 1, 2001, and that otherwise qualify, shall be eligible for funding assistance under this Act. Section 15. Board evaluation and recommendations concerning project proposals. (a) The Board shall evaluate project proposals based on the following primary criteria: (1) Incremental increase or retention in tons of Illinois coal that would be used over the proposed term of the proposed project. (2) Incremental tons of sulfur dioxide that would be reduced over the proposed term of the proposed project. (3) Amount of funding required from the Fund. (b) The primary criteria shall be used by the Board to prioritize the proposed projects. Both the incremental increase or retention in Illinois coal use and the incremental reduction of sulfur dioxide emissions over the term of the proposed project shall be divided by requested funding amount. The Board shall use the resultant values to rank the proposals. (1) Projects shall be initially ranked, from highest to lowest, based on their ratio of incremental increase or retention of Illinois coal use per million dollars expended from the Fund and the ratio of incremental tons of sulfur dioxide reduction per million dollars expended from the Fund. (2) The ratios of both the incremental increase or retention of Illinois coal use and incremental tons of sulfur dioxide reduced per million dollars expended from the Fund shall be used in a bi-axial matrix. The matrix shall be divided into at least 16 linearly proportional quadrants. Those projects that are plotted in the quadrants farthest from the origin of the matrix will receive the highest overall rankings. (c) The Board shall consider secondary criteria prior to making its recommendations to the Agency. These secondary criteria shall be used to amend the overall project rankings. The secondary criteria may include the following: (1) The incremental tons of nitrogen oxides that will be reduced over the proposed term of the project. (2) The incremental tons of nitrogen oxides to be reduced over the proposed term of the project divided by the requested funding from the Fund. (3) Whether the proposed project will result in that unit's annual average sulfur dioxide emission rate being below the proposing company's most recent annual average sulfur dioxide emission rate of its coal-fired units as reported in the United States Environmental Protection Agency's acid rain emissions database.
91 [April 5, 2001] (4) Whether the proposed project will result in that unit's annual average nitrogen oxide emission rate being below the proposing company's most recent annual average nitrogen oxide emission rate for similar type coal-fired boilers (i.e. tangential boiler, wall-fired boiler, or cyclone boiler) as reported in the United States Environmental Protection Agency's acid rain emissions database. (5) The technical feasibility of the proposed project. (d) The Board shall provide its overall project rankings to the Agency within 6 months after it issues a request for project proposals. Requests for proposed projects shall be issued by the Board a minimum of twice per year. Section 20. Agency consideration of Board recommendations; notice to Board in cases of disagreement. (a) The Agency shall consider the Board's recommendations in making its decision to distribute the grant moneys provided for in this Act. The Agency shall make its decision to distribute the grant moneys for the project within 6 months after the board's written recommendation. (b) If the Agency decides to deviate from any of the Board's recommendations, then the Agency shall give the Board written notice and a copy of this decision, with an explanation of the reasons causing the deviation from the Board's recommendations, within 15 days after issuance of the Agency decision. Forty-five days from the issuance of the Agency decision, a public hearing shall be convened at which the Director of the Agency or his or her designee shall appear and testify before the Board to explain the Agency's decision to deviate from the Board's recommendations. The Agency shall not proceed with a distribution of grant funds under this Act until the above notice is provided to the Board and a public hearing is conducted as described in this Section. Section 25. Rules. The Illinois Environmental Protection Agency is authorized to promulgate rules to implement the provisions of this Act. Section 30. Bonds. The State of Illinois is authorized to issue, sell, and provide for the retirement of general obligation bonds of the State of Illinois in the aggregate principal amount of $500,000,000, hereinafter called "Bonds", for the purposes consistent with this Act. Section 35. Bond proceeds. The proceeds of the bonds shall be deposited into a separate fund known as the Clean Air and Development Fund, which is hereby created. Section 40. Expenditure of Funds. At all times, the proceeds from the sale of Bonds are subject to appropriation by the General Assembly and may be expended in such amounts and at such times as the Illinois Environmental Protection Agency may deem necessary or desirable for the purposes of this Act. Section 905. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Clean Air and Development Fund. Section 910. The Illinois Coal and Energy Development Bond Act is amended by changing Section 6 as follows: (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106) Sec. 6. The Department of Commerce and Community Affairs is authorized to use $120,000,000 for the purposes specified in this Act.
[April 5, 2001] 92
93 [April 5, 2001] the 92nd General Assembly for coal development have been paid, the Bureau of the Budget shall certify the amount necessary to be appropriated in the State fiscal year that begins on July 1 of that calendar year to finance the principal of, interest on, and premium, if any, on the $500,000,000 in additional general obligation bonds authorized to be issued under this amendatory Act of the 92nd General Assembly for coal development. (Source: P.A. 89-445, eff. 2-7-96; 90-312, eff. 8-1-97; 90-549, eff. 12-8-97.) Section 99. Effective date. This Act takes effect July 1, 2001.". Floor Amendment No. 2 remained in the Committee on Environment & Energy. Representative Granberg offered and withdrew Amendment No. 3. Representative Granberg offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO HOUSE BILL 63 AMENDMENT NO. 4. Amend House Bill 63, AS AMENDED, by replacing the title with the following: "AN ACT in relation to natural resources."; and by replacing everything after the enacting clause with the following: "ARTICLE 5 Section 5-1. Short title. This Article may be cited as the Clean Air and Development Law, and references in this Article to "this Act" mean this Article. Section 5-5. Definitions. For the purposes of this Act: "Board" means the Clean Air and Development Board. "Department" means the Department of Commerce and Community Affairs. "Fund" means the Clean Air and Development Fund. "Generating unit" means any fossil fuel-fired electric generating plant subject to the provisions of Subpart W of Section 217 of Title 35 of the Illinois Administrative Code. "Project" means any proposal submitted to the Board in response to a request for project proposals that includes a technology that will enhance the use of Illinois coal in Illinois while enhancing environmental protection. "Project" may include the cost of transmission facilities needed to transmit the electricity generated from a site using such technology or the costs of coal handling. These technologies include but are not limited to, flue gas desulfurization (or "scrubbing"), limestone injection multistage burners, selective catalytic reduction, selective non-catalytic reduction, coal re-burning, staged combustion (or "overfire air"), low-NOx burners, ammonia reagent injection systems, repowering, fluidized-bed combustion, integrated gasification combined cycle, coal liquefaction, and coal gasification. "Qualified personnel" means employees who install, operate, and maintain generation, transmission, or distribution facilities within the State and have the requisite knowledge, skills, and competence to perform those functions in a safe and responsible manner in order to provide safe and reliable service. Section 5-7. Findings. The General Assembly finds and declares that: (1) fossil fuel-fired electric generating plants are a significant source of air emissions in this State and have become the subject of a number of important new studies of their effects on the public health; (2) existing state and federal policies, that allow older plants that meet federal standards to operate without meeting the more stringent requirements applicable to new plants, are being questioned on the basis of their environmental impacts and the
[April 5, 2001] 94 economic distortions such policies cause in a deregulated energy market; (3) fossil fuel-fired electric generating plants are, or may be, affected by a number of regulatory programs, some of which are under review or development on the state and national levels, and to a certain extent the international level, including the federal acid rain program, ozone, mercury and other hazardous pollutant control requirements, regional haze, and global warming; (4) scientific uncertainty regarding the formation of certain components of regional haze and the air quality modeling that predict impacts of control measures requires careful consideration of the timing of the control of some of the pollutants from these facilities, particularly sulfur dioxides and nitrogen oxides that each interact with ammonia and other substances in the atmosphere; (5) the development of energy policies to promote a safe, sufficient, reliable, and affordable energy supply on the state and national levels is being affected by the on-going deregulation of the power generation industry and the evolving energy markets; (6) the Governor's formation of an Energy Cabinet and the development of a State energy policy calls for actions by the Environmental Protection Agency and the Illinois Pollution Control Board that are in harmony with the energy needs and policy of the State, while protecting the public health and the environment; (7) Illinois coal is an abundant resource and an important component of Illinois' economy whose use should be encouraged to the greatest extent possible consistent with protecting the public health and the environment; (8) renewable forms of energy should be promoted as an important element of the energy and environmental policies of the State and that it is a goal of the State that at least 5% of the State's energy production and use be derived from renewable forms of energy by 2010 and at least 15% from renewable forms of energy by 2020; (9) efforts on the state and federal levels are underway to consider the multiple environmental regulations affecting electric generating plants in order to improve the ability of government and the affected industry to engage in effective planning through the use of multi-pollutant strategies; and (10) these issues, taken together, call for a comprehensive review of the impact of these facilities on the public health, considering also the energy supply, reliability, and costs, the role of renewable forms of energy, and the developments in federal law and regulations that may affect any state actions, prior to making final decisions in Illinois. Section 5-10. Clean Air and Development Board. (a) The Clean Air and Development Board is established as an advisory board to the Department. The Board shall be composed of the following 15 voting members and one non-voting member: one member of the General Assembly appointed by the Speaker of the House of Representatives, one member of the General Assembly appointed by the Minority Leader of the House of Representatives; one member of the General Assembly appointed by the President of the Senate, one member of the General Assembly appointed by the Minority Leader of the Senate; one member appointed by the Governor; one member selected by the International Brotherhood of Electrical Workers; one member selected by the United Mine Workers; 3 members selected by the Illinois Coal Association; 3 members selected by the Illinois Environmental Council; one member selected by the Sierra Club; one member selected by the American Lung Association; and one non-voting member selected by the Illinois Energy Association. The Governor shall select one of the 15 Board members to serve as Chair pending the first election of officers by Board members. The member appointed by the Governor shall serve for a term of 4 years, unless otherwise provided in this subsection. The initial term of the original appointee shall expire on January 15, 2005. The term of the member appointed by the Governor to fill a vacancy created on
95 [April 5, 2001] January 15, 2005, shall expire on January 15, 2009. The term of the member appointed by the Governor to fill a vacancy created on January 15, 2009, shall expire on January 15, 2013 or January 15, 2017, as determined by the Governor. A member appointed by a legislative leader shall serve a term of 5 years, unless otherwise provided in this subsection. The initial term of a member appointed by a legislative leader shall expire on January 15, 2006. The term of a member appointed by a legislative leader to fill a vacancy created on January 15, 2006, shall expire on January 15, 2011 or January 15, 2017, as determined by the legislative leader. The members chosen by the International Brotherhood of Electrical Workers, United Mine Workers, Illinois Coal Association, Illinois Environmental Council, Sierra Club, American Lung Association, and Illinois Energy Association shall serve for terms of 6 years. The initial terms of original appointees shall expire on January 15, 2007. The term of a member chosen by the International Brotherhood of Electrical Workers, United Mine Workers, Illinois Coal Association, Illinois Environmental Council, Sierra Club, American Lung Association, or Illinois Energy Association to fill a vacancy created on January 15, 2007 shall expire as follows: 5 on January 15, 2013 and 6 on January 15, 2017, as determined by lot. Board members shall not receive compensation. All Board members shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties as Board members. The Board shall meet at least annually or at the call of the Chair for a meeting of the Board. At any time, a majority of the Board may petition the Chair for a meeting of the Board. A quorum shall be defined as a majority of those voting members appointed to the Board. (b) The Board shall provide advice and make recommendations on the following Department powers and duties: (1) To develop a program to increase the utilization of Illinois coal. (2) To approve projects and funding, if the owner of the generating unit receiving the funding agrees to: (A) burn Illinois coal to generate electricity, (B) employ qualified personnel to install, operate, and maintain generation, transmission, or distribution facilities within the State, and (C) reduce its emissions of sulfur dioxide or nitrogen oxides or both as described in subdivisions (c)(3) and (c)(4) of Section 5-15 of this Act. (3) To cooperate to the fullest extent possible with State and federal agencies and departments, independent organizations, and other interested groups, public and private, for the purposes of promoting Illinois coal resources. (4) To submit an annual report to the Governor and the General Assembly outlining the progress and accomplishments made in the year, providing an annual accounting of funds received and disbursed, and reviewing the status of the program. (5) To adopt, amend, and repeal rules, regulations, and bylaws governing the Board's organization and conduct of business. (6) To recommend the authorization of the expenditure of moneys for coal mining and coal development projects from the Clean Air and Development Fund. The expenditures shall be used to fund a recommended amount of up to 50% of the costs of a proposed project. However, the Board may exceed this amount if the merits of the project are determined by the Board to warrant additional funding and the project is approved by a two-thirds vote of a quorum. All other projects shall be approved by vote of a simple majority of a quorum. The Board may use grants, loans, or any other financial mechanism or any combination thereof to fund such proposed projects consistent with this Act. (7) To develop strategies and to propose policies to promote environmentally responsible uses of Illinois coal for meeting electric power supply requirements and for other purposes. (8) To develop and propose strategies to the Illinois
[April 5, 2001] 96 Environmental Protection Agency for inclusion in the State implementation plan for nitrogen oxide that would allow the transfer of ozone season nitrogen oxide credits from the transportation and area source sectors of the Illinois SIP Call NOx budget to the electric generating unit sector for the purpose of offsetting any nitrogen oxide emission increases associated with a funded project. (9) The Board may consider using stockpiled emission credits or the value of those credits as a factor in considering proposed projects. (10) Projects on which construction had not yet commenced prior to January 1, 2001, and that otherwise qualify, shall be eligible for funding assistance under this Act. Section 5-15. Board evaluation and recommendations concerning project proposals. (a) The Board shall evaluate project proposals based on the following primary criteria: (1) Incremental increase or retention in tons of Illinois coal that would be used over the proposed term of the proposed project. (2) Incremental tons of sulfur dioxide that would be reduced over the proposed term of the proposed project. (3) Amount of funding required from the Fund. (b) The primary criteria shall be used by the Board to prioritize the proposed projects. Both the incremental increase or retention in Illinois coal use and the incremental reduction of sulfur dioxide emissions over the term of the proposed project shall be divided by requested funding amount. The Board shall use the resultant values to rank the proposals. (1) Projects shall be initially ranked, from highest to lowest, based on their ratio of incremental increase or retention of Illinois coal use per million dollars expended from the Fund and the ratio of incremental tons of sulfur dioxide reduction per million dollars expended from the Fund. (2) The ratios of both the incremental increase or retention of Illinois coal use and incremental tons of sulfur dioxide reduced per million dollars expended from the Fund shall be used in a bi-axial matrix. The matrix shall be divided into at least 16 linearly proportional quadrants. Those projects that are plotted in the quadrants farthest from the origin of the matrix will receive the highest overall rankings. (c) The Board shall consider secondary criteria prior to making its recommendations to the Department. These secondary criteria shall be used to amend the overall project rankings. The secondary criteria may include the following: (1) The incremental tons of nitrogen oxides that will be reduced over the proposed term of the project. (2) The incremental tons of nitrogen oxides to be reduced over the proposed term of the project divided by the requested funding from the Fund. (3) Whether the proposed project will result in that unit's annual average sulfur dioxide emission rate being below the proposing company's most recent annual average sulfur dioxide emission rate of its coal-fired units as reported in the United States Environmental Protection Agency's acid rain emissions database. (4) Whether the proposed project will result in that unit's annual average nitrogen oxide emission rate being below the proposing company's most recent annual average nitrogen oxide emission rate for similar type coal-fired boilers (i.e. tangential boiler, wall-fired boiler, or cyclone boiler) as reported in the United States Environmental Protection Agency's acid rain emissions database. (5) The technical feasibility of the proposed project. (d) The Board shall provide its overall project rankings to the Department within 6 months after it issues a request for project
97 [April 5, 2001] proposals. Requests for proposed projects shall be issued by the Board a minimum of twice per year. Section 5-20. Department consideration of Board recommendations; notice to Board in cases of disagreement. (a) The Department shall consider the Board's recommendations in making its decision to distribute the grant moneys provided for in this Act. The Department shall make its decision to distribute the grant moneys for the project within 6 months after the board's written recommendation. (b) If the Department decides to deviate from any of the Board's recommendations, then the Department shall give the Board written notice and a copy of this decision, with an explanation of the reasons causing the deviation from the Board's recommendations, within 15 days after issuance of the Department decision. Forty-five days from the issuance of the Department decision, a public hearing shall be convened at which the Director of the Department or his or her designee shall appear and testify before the Board to explain the Department's decision to deviate from the Board's recommendations. The Department shall not proceed with a distribution of grant funds under this Act until the above notice is provided to the Board and a public hearing is conducted as described in this Section. Section 5-25. Rules. The Department is authorized to promulgate rules to implement the provisions of this Act. Section 5-30. Bonds. The State of Illinois is authorized to issue, sell, and provide for the retirement of general obligation bonds of the State of Illinois in the aggregate principal amount of $500,000,000, hereinafter called "Bonds", for the purposes consistent with this Act. Section 5-35. Bond proceeds. The proceeds of the bonds shall be deposited into a separate fund known as the Clean Air and Development Fund, which is hereby created. Section 5-40. Expenditure of Funds. At all times, the proceeds from the sale of Bonds are subject to appropriation by the General Assembly and may be expended in such amounts and at such times as the Department may deem necessary or desirable for the purposes of this Act. ARTICLE 10 Section 10-1. Short title. This Article may be cited as the Empower Illinois Law, and references in this Article to "this Act" mean this Article. Section 10-5. Purpose. The purpose of this Act is to use abundant coal reserves to turn Southern Illinois into the State's "power plant", providing power for Chicago and its suburbs, and reducing the need for peaker plants. Implementation of this Act will provide good paying jobs in mining, construction, power generation, and trucking for thousands of Southern Illinois residents. At the same time, implementation of this Act will secure Illinois' power base and enhance economic development efforts in Illinois for generations to come. Section 10-10. Empower Illinois Commission. There is created the Empower Illinois Commission to study the problems related to reliable energy production in Illinois. The Commission shall be appointed by the Governor and shall consist of all members of the Governor's Energy Cabinet. The members of the Commission shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses. The Commission shall consider the most effective way to use Illinois coal to resolve the energy issues facing the State. The Commission shall issue a report containing its recommendations to the Governor and the General Assembly on or before January 30, 2002. Section 10-15. Single point of review process. The Department of Natural Resources shall develop, in its Division of Mines and Minerals, a single point of review process for entities interested in building mine-mouth power plants and related power transmission lines. The single point of review process must coordinate reviews by all involved State agencies and federal agencies. The Department of Natural Resources must make the arrangements necessary for prospective applicants to obtain all approvals necessary to build a mine-mouth
[April 5, 2001] 98 power plant and related power transmission lines through the Department's single point of review process. ARTICLE 15 Section 15-905. The Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois is amended by adding Section 605-331 as follows: (20 ILCS 605/605-331 new) Sec. 605-331. Mine-mouth power plants and related power transmission lines; definitions. For purposes of this Section, "mine-mouth power plant" means a coal-fired power plant sited adjacent to a coal mine. The Department, by rule, must establish the standards that must be met to qualify as a related power transmission line for purposes of the Clean Air and Development Law, the Empower Illinois Law, and the amendatory provisions of this Act of the 92nd General Assembly. Section 15-910. The Illinois Enterprise Zone Act is amended by changing Section 5.3 as follows: (20 ILCS 655/5.3) (from Ch. 67 1/2, par. 608) Sec. 5.3. Certification of Enterprise Zones; Effective date. (a) Approval of designated Enterprise Zones shall be made by the Department by certification of the designating ordinance. The Department shall promptly issue a certificate for each Enterprise Zone upon its approval. The certificate shall be signed by the Director of the Department, shall make specific reference to the designating ordinance, which shall be attached thereto, and shall be filed in the office of the Secretary of State. A certified copy of the Enterprise Zone Certificate, or a duplicate original thereof, shall be recorded in the office of recorder of deeds of the county in which the Enterprise Zone lies. (b) An Enterprise Zone shall be effective upon its certification. The Department shall transmit a copy of the certification to the Department of Revenue, and to the designating municipality or county. Upon certification of an Enterprise Zone, the terms and provisions of the designating ordinance shall be in effect, and may not be amended or repealed except in accordance with Section 5.4. (c) An Enterprise Zone shall be in effect for 30 calendar years, or for a lesser number of years specified in the certified designating ordinance. Enterprise Zones shall terminate at midnight of December 31 of the final calendar year of the certified term, except as provided in Section 5.4.
99 [April 5, 2001] Assembly. Notwithstanding any other provision of this Act, no more than 89 Enterprise Zones may be certified by the Department for the 10 calendar years commencing with 1983. The 7 additional Enterprise Zones authorized by Public Act 86-15 shall not lie within municipalities or unincorporated areas of counties that abut or are contiguous to Enterprise Zones certified pursuant to this Section prior to June 30, 1989. The 7 additional Enterprise Zones (excluding the additional Enterprise Zone which may be designated outside the regular application cycle) authorized by Public Act 86-1030 shall not lie within municipalities or unincorporated areas of counties that abut or are contiguous to Enterprise Zones certified pursuant to this Section prior to February 28, 1990. In any calendar year, the Department may not certify more than 3 Zones located within the same municipality. The Department may certify Enterprise Zones in each of the 10 calendar years commencing with 1983. The Department may not certify more than a total of 18 Enterprise Zones located within the same county (whether within municipalities or within unincorporated territory) for the 10 calendar years commencing with 1983. Thereafter, the Department may not certify any additional Enterprise Zones, but may amend and rescind certifications of existing Enterprise Zones in accordance with Section 5.4. (e) Notwithstanding any other provision of law, if (i) the county board of any county in which a current military base is located, in part or in whole, or in which a military base that has been closed within 20 years of the effective date of this amendatory Act of 1998 is located, in part or in whole, adopts a designating ordinance in accordance with Section 5 of this Act to designate the military base in that county as an enterprise zone and (ii) the property otherwise meets the qualifications for an enterprise zone as prescribed in Section 4 of this Act, then the Department may certify the designating ordinance or ordinances, as the case may be. (Source: P.A. 90-657, eff. 7-30-98; 91-567, eff. 8-14-99; 91-937, eff. 1-11-01; revised 1-15-01.) Section 15-915. The Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is amended by changing Section 6-3 as follows: (20 ILCS 687/6-3) (Section scheduled to be repealed on December 16, 2007) Sec. 6-3. Renewable energy resources program. (a) The Department of Commerce and Community Affairs, to be called the "Department" hereinafter in this Law, shall administer the Renewable Energy Resources Program to provide grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. (b) The Department shall establish eligibility criteria for grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. These criteria shall be reviewed annually and adjusted as necessary. The criteria should promote the goal of fostering investment in and the development and use, in Illinois, of renewable energy resources. (c) The Department shall accept applications for grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. (d) To the extent that funds are available and appropriated, the Department shall provide grants, loans, and other incentives to applicants that meet the criteria specified by the Department. (e) The Department shall conduct an annual study on the use and availability of renewable energy resources in Illinois. Each year, the Department shall submit a report on the study to the General Assembly. This report shall include suggestions for legislation which will encourage the development and use of renewable energy resources. (f) As used in this Law, "renewable energy resources" includes energy from wind, solar thermal energy, photovoltaic cells and panels, dedicated crops grown for energy production and organic waste biomass, hydropower that does not involve new construction or significant expansion of hydropower dams, and other such alternative sources of
[April 5, 2001] 100 environmentally preferable energy. "Renewable energy resources" does not include, however, energy from the incineration, burning or heating of waste wood, tires, garbage, general household, institutional and commercial waste, industrial lunchroom or office waste, landscape waste, or construction or demolition debris. (g) The Department shall establish a pilot project to fund a biomass-to-fuels research facility in Illinois that uses agricultural feedstocks and advances technologies to develop a new environmentally friendly and sustainable industry. The Clean Air and Development Board, created under the Clean Air and Development Law, shall recommend to the Department a site for the facility. (h) There is created the Energy Efficiency Investment Fund as a special fund in the State Treasury, to be administered by the Department to support the development of technologies for wind, biomass, and solar power in Illinois. The Clean Air and Development Board, created under the Clean Air and Development Law, shall recommend projects to the Department for funding. The Department may accept private and public funds, including federal funds, for deposit into the Fund. (Source: P.A. 90-561, eff. 12-16-97.) Section 15-920. The Illinois Coal and Energy Development Bond Act is amended by changing Section 6 as follows: (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106) Sec. 6. The Department of Commerce and Community Affairs is authorized to use $120,000,000 for the purposes specified in this Act.
101 [April 5, 2001] loss or damage to property from any cause, including loss of use and occupancy, or covering any other insurable risk. (c) The Authority shall have the continuing power to issue bonds for its corporate purposes including, but not limited to, (i) the purpose of developing, constructing, acquiring, improving or financing projects, including industrial projects established by business entities locating or expanding property in an Enterprise Zone created under the provisions of the Illinois Enterprise Zone Act, (ii) the purpose of acquiring qualified securities in an enterprise as defined in this Act and entering into venture capital agreements with businesses locating or expanding within an Enterprise Zone, and acquiring and improving any property necessary and useful in connection therewith, (iii) the purposes of the Employee Ownership Assistance Act, (iv) the purpose of acquiring bonds issued by units of local government as provided in Sections 7.50 through 7.61 of this Act, (v) for financing the costs of the production of motion pictures, and (vi) with the written approval of the Governor, the purpose of implementation of a financially distressed city assistance program under Sections 7.80 through 7.87 of this Act, and (vii) for the purpose of the implementation of the loan program under Sections 7.90 through 7.99 of this Act. Bonds may be issued by the Authority in one or more series and may provide for the payment of any interest deemed necessary on such bonds, of the costs of issuance of such bonds, of any premium on any insurance, or of the cost of any guarantees, letters of credit or other similar documents, may provide for the funding of any reserves deemed necessary in connection with such bonds, and may provide for the refunding or advance refunding of any bonds or for accounts deemed necessary in connection with any purpose of the Authority. The bonds may bear interest payable at any time or times and at any rate or rates, notwithstanding any other provision of law to the contrary, and such rate or rates may be established by an index or formula which may be implemented or established by persons appointed or retained therefor by the Authority, or may bear no interest or may bear interest payable at maturity or upon redemption prior to maturity, may bear such date or dates, may be payable at such time or times and at such place or places, may mature at any time or times not later than 40 years from the date of issuance, may be sold at public or private sale at such time or times and at such price or prices, may be secured by such pledges, reserves, guarantees, letters of credit, insurance contracts or other similar credit support or liquidity instruments, may be executed in such manner, may be subject to redemption prior to maturity, may provide for the registration of the bonds, and may be subject to such other terms and conditions all as may be provided by the resolution or indenture authorizing the issuance of such bonds. The holder or holders of any bonds issued by the Authority may bring suits at law or proceedings in equity to compel the performance and observance by any person or by the Authority or any of its agents or employees of any contract or covenant made with the holders of such bonds and to compel such person or the Authority and any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such bonds by the provision of the resolution authorizing their issuance, and to enjoin such person or the Authority and any of its agents or employees from taking any action in conflict with any such contract or covenant. Notwithstanding the form and tenor of any such bonds and in the absence of any express recital on the face thereof that it is non-negotiable, all such bonds shall be negotiable instruments. Pending the preparation and execution of any such bonds, temporary bonds may be issued as provided by the resolution. The bonds shall be sold by the Authority in such manner as it shall determine. The bonds may be secured as provided in the authorizing resolution by the receipts, revenues, income and other available funds of the Authority by any amounts derived by the Authority from the loan agreement or lease agreement with respect to the project or projects. The Authority may grant a specific pledge or assignment of and lien on
[April 5, 2001] 102 or security interest in such rights, revenues, income, or amounts and may grant a specific pledge or assignment of and lien on or security interest in any reserves, funds or accounts established in the resolution authorizing the issuance of bonds. Any such pledge, assignment, lien or security interest for the benefit of the holders of the Authority's bonds shall be valid and binding from the time the bonds are issued without any physical delivery or further act, and shall be valid and binding as against and prior to the claims of all other parties having claims against the Authority or any other person irrespective of whether the other parties have notice of the pledge, assignment, lien or security interest. As evidence of such pledge, assignment, lien and security interest, the Authority may execute and deliver a mortgage, trust agreement, indenture or security agreement or an assignment thereof. A remedy for any breach or default of the terms of any such agreement by the Authority may be by mandamus proceedings in any court of competent jurisdiction to compel the performance and compliance therewith, but the agreement may prescribe by whom or on whose behalf such action may be instituted. It is expressly understood that the Authority may, but need not, acquire title to any project with respect to which it exercises its authority. (d) With respect to the powers granted by this Act, the Authority may adopt rules and regulations prescribing the procedures by which persons may apply for assistance under this Act. Nothing herein shall be deemed to preclude the Authority, prior to the filing of any formal application, from conducting preliminary discussions and investigations with respect to the subject matter of any prospective application. (e) The Authority shall have power to acquire by purchase, lease, gift or otherwise any property or rights therein from any person useful for its purposes, whether improved for the purposes of any prospective project, or unimproved. The Authority may also accept any donation of funds for its purposes from any such source. The Authority shall have no independent power of condemnation but may acquire any property or rights therein obtained upon condemnation by any other authority, governmental entity or unit of local government with such power. (f) The Authority shall have power to develop, construct and improve either under its own direction, or through collaboration with any approved applicant, or to acquire through purchase or otherwise, any project, using for such purpose the proceeds derived from the sale of its bonds or from governmental loans or grants, and to hold title in the name of the Authority to such projects. (g) The Authority shall have power to lease pursuant to a lease agreement any project so developed and constructed or acquired to the approved tenant on such terms and conditions as may be appropriate to further the purposes of this Act and to maintain the credit of the Authority. Any such lease may provide for either the Authority or the approved tenant to assume initially, in whole or in part, the costs of maintenance, repair and improvements during the leasehold period. In no case, however, shall the total rentals from any project during any initial leasehold period or the total loan repayments to be made pursuant to any loan agreement, be less than an amount necessary to return over such lease or loan period (1) all costs incurred in connection with the development, construction, acquisition or improvement of the project and for repair, maintenance and improvements thereto during the period of the lease or loan; provided, however, that the rentals or loan repayments need not include costs met through the use of funds other than those obtained by the Authority through the issuance of its bonds or governmental loans; (2) a reasonable percentage additive to be agreed upon by the Authority and the borrower or tenant to cover a properly allocable portion of the Authority's general expenses, including, but not limited to, administrative expenses, salaries and general insurance, and (3) an amount sufficient to pay when due all principal of, interest and premium, if any on, any bonds issued by the Authority with respect to the project.
103 [April 5, 2001] The portion of total rentals payable under clause (3) of this subsection (g) shall be deposited in such special accounts, including all sinking fund, acquisition or construction funds, debt service and other funds as provided by any resolution, mortgage or trust agreement of the Authority pursuant to which any bond is issued. (h) The Authority has the power, upon the termination of any leasehold period of any project, to sell or lease for a further term or terms such project on such terms and conditions as the Authority shall deem reasonable and consistent with the purposes of the Act. The net proceeds from all such sales and the revenues or income from such leases shall be used to satisfy any indebtedness of the Authority with respect to such project and any balance may be used to pay any expenses of the Authority or be used for the further development, construction, acquisition or improvement of projects. In the event any project is vacated by a tenant prior to the termination of the initial leasehold period, the Authority shall sell or lease the facilities of the project on the most advantageous terms available. The net proceeds of any such disposition shall be treated in the same manner as the proceeds from sales or the revenues or income from leases subsequent to the termination of any initial leasehold period. (i) The Authority shall have the power to make loans to persons to finance a project, to enter into loan agreements with respect thereto, and to accept guarantees from persons of its loans or the resultant evidences of obligations to the Authority. (j) The Authority may fix, determine, charge and collect any premiums, fees, charges, costs and expenses, including, without limitation, any application fees, commitment fees, program fees, financing charges or publication fees from any person in connection with its activities under this Act. (k) In addition to the funds established as provided herein, the Authority shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this Act and to deposit its available monies into the funds and accounts. (l) At the request of the governing body of any unit of local government, the Authority is authorized to market such local government's industrial revenue bond offerings by preparing bond issues for sale, advertising for sealed bids, receiving bids at its offices, making the award to the bidder that offers the most favorable terms or arranging for negotiated placements or underwritings of such securities. The Authority may, at its discretion, offer for concurrent sale the industrial revenue bonds of several local governments. Sales by the Authority of industrial revenue bonds under this Section shall in no way imply State guarantee of such debt issue. The Authority may require such financial information from participating local governments as it deems necessary in order to carry out the purposes of this subsection (l). (m) The Authority may make grants to any county to which Division 5-37 of the Counties Code is applicable to assist in the financing of capital development, construction and renovation of new or existing facilities for hospitals and health care facilities under that Act. Such grants may only be made from funds appropriated for such purposes from the Build Illinois Bond Fund or the Build Illinois Purposes Fund. (n) The Authority may establish an urban development action grant program for the purpose of assisting municipalities in Illinois which are experiencing severe economic distress to help stimulate economic development activities needed to aid in economic recovery. The Authority shall determine the types of activities and projects for which the urban development action grants may be used, provided that such projects and activities are broadly defined to include all reasonable projects and activities the primary objectives of which are the development of viable urban communities, including decent housing and a suitable living environment, and expansion of economic opportunity, principally for persons of low and moderate incomes. The Authority shall enter into grant agreements from monies appropriated
[April 5, 2001] 104 for such purposes from the Build Illinois Bond Fund or the Build Illinois Purposes Fund. The Authority shall monitor the use of the grants, and shall provide for audits of the funds as well as recovery by the Authority of any funds determined to have been spent in violation of this subsection (n) or any rule or regulation promulgated hereunder. The Authority shall provide technical assistance with regard to the effective use of the urban development action grants. The Authority shall file an annual report to the General Assembly concerning the progress of the grant program. (o) The Authority may establish a Housing Partnership Program whereby the Authority provides zero-interest loans to municipalities for the purpose of assisting in the financing of projects for the rehabilitation of affordable multi-family housing for low and moderate income residents. The Authority may provide such loans only upon a municipality's providing evidence that it has obtained private funding for the rehabilitation project. The Authority shall provide 3 State dollars for every 7 dollars obtained by the municipality from sources other than the State of Illinois. The loans shall be made from monies appropriated for such purpose from the Build Illinois Bond Fund or the Build Illinois Purposes Fund. The total amount of loans available under the Housing Partnership Program shall not exceed $30,000,000. State loan monies under this subsection (o) shall be used only for the acquisition and rehabilitation of existing buildings containing 4 or more dwelling units. The terms of any loan made by the municipality under this subsection shall require repayment of the loan to the municipality upon any sale or other transfer of the project. (p) The Authority may award grants to universities and research institutions, research consortiums and other not-for-profit entities for the purposes of: remodeling or otherwise physically altering existing laboratory or research facilities, expansion or physical additions to existing laboratory or research facilities, construction of new laboratory or research facilities or acquisition of modern equipment to support laboratory or research operations provided that such grants (i) be used solely in support of project and equipment acquisitions which enhance technology transfer, and (ii) not constitute more than 60 percent of the total project or acquisition cost. (q) Grants may be awarded by the Authority to units of local government for the purpose of developing the appropriate infrastructure or defraying other costs to the local government in support of laboratory or research facilities provided that such grants may not exceed 40% of the cost to the unit of local government. (r) The Authority may establish a Direct Loan Program to make loans to individuals, partnerships or corporations for the purpose of an industrial project, as defined in Section 3 of this Act. For the purposes of such program and not by way of limitation on any other program of the Authority, the Authority shall have the power to issue bonds, notes, or other evidences of indebtedness including commercial paper for purposes of providing a fund of capital from which it may make such loans. The Authority shall have power to use any appropriations from the State made especially for the Authority's Direct Loan Program for additional capital to make such loans or for the purposes of reserve funds or pledged funds which secure the Authority's obligations of repayment of any bond, note or other form of indebtedness established for the purpose of providing capital for which it intends to make such loans under the Direct Loan Program. For the purpose of obtaining such capital, the Authority may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. Loans made under the Direct Loan Program may be in an amount not to exceed $300,000 and shall be made for a portion of an industrial project which does not exceed 50% of the total project. No loan may be made by the Authority unless approved by the affirmative vote of at least 8 members of the board. The Authority shall establish procedures and publish rules which shall provide for the submission, review, and analysis of each direct loan application and which shall preserve the
105 [April 5, 2001] ability of each board member to reach an individual business judgment regarding the propriety of making each direct loan. The collective discretion of the board to approve or disapprove each loan shall be unencumbered. The Authority may establish and collect such fees and charges, determine and enforce such terms and conditions, and charge such interest rates as it determines to be necessary and appropriate to the successful administration of the Direct Loan Program. The Authority may require such interests in collateral and such guarantees as it determines are necessary to protect the Authority's interest in the repayment of the principal and interest of each loan made under the Direct Loan Program. (s) The Authority may guarantee private loans to third parties up to a specified dollar amount in order to promote economic development in this State. (t) The Authority may adopt rules and regulations as may be necessary or advisable to implement the powers conferred by this Act. (u) In addition to any other bonds authorized by this Act, the Authority shall have the power to issue up to $20,000,000 in bonds, notes or other evidences of indebtedness, which may be used to make loans to units of local government which are authorized to enter into loan agreements and other documents and to issue bonds, notes and other evidences of indebtedness for the purpose of financing the protection of storm sewer outfalls, the construction of adequate storm sewer outfalls, and the provision for flood protection of sanitary sewage treatment plants, in counties that have established a stormwater management planning committee in accordance with Section 5-1062 of the Counties Code. Any such loan shall be made by the Authority pursuant to the provisions of Sections 7.50 to 7.61 of this Act. The unit of local government shall pay back to the Authority the principal amount of the loan, plus annual interest as determined by the Authority. The Authority shall have the power, subject to appropriations by the General Assembly, to subsidize or buy down a portion of the interest on such loans, up to 4% per annum. (v) The Authority may accept security interests as provided in Sections 11-3 and 11-3.3 of the Illinois Public Aid Code. (w) The Authority may enter into agreements or arrangements with Federal or State agencies to carry out the purposes of this Act. (x) The Authority may use any funds in its possession remaining unexpended from the funds appropriated to the Authority under Section 93 of Public Act 84-1108 as follows: (1) to make a $1,000,000 ten-year, no-interest loan to the Illinois Facilities Fund to assist in the development of low-interest loans to nonprofit organizations; and (2) if and only if the loan described in item (1) has been made, for any of its general corporate purposes. (Source: P.A. 90-587, eff. 7-1-98.) (20 ILCS 3505/7.90 new) Sec. 7.90. Findings and declaration of policy. It is found and declared that Illinois has abundant coal resources. At the same time, in the Chicago-area, at times, the demand for power exceeds the generating capacity. Incentives to encourage the construction of coal-fired electric generating plants in Illinois to ensure power generating capacity into the future are in the best interests of all of the citizens of Illinois. The Authority is authorized, as provided in Sections 7.90 through 7.99, to issue bonds to help fund the construction of mine-mouth power plants in Illinois and for the construction of related power transmission lines, as determined under Section 605-331 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. The provisions of this amendatory Act of the 92nd General Assembly are declared to be in the public interest and benefit and a valid public purpose. (20 ILCS 3505/7.91 new) Sec. 7.91. Definition. For the purposes of Sections 7.90 through 7.99, "mine-mouth power plant" means a coal-fired power plant sited adjacent to a coal mine. (20 ILCS 3505/7.92 new)
[April 5, 2001] 106 Sec. 7.92. Creation of reserve funds. The Authority may establish and maintain one or more reserve funds in which there may be one or more accounts in which there may be deposited: (a) any proceeds of bonds issued by the Authority required to be deposited therein by the terms of any contract between the Authority and its bondholders or any resolution of the Authority; (b) any other moneys or funds of the Authority that it may determine to deposit therein from any other source; and (c) any other moneys or funds made available to the Authority. Subject to the terms of any pledge to the owners of any bonds, moneys in any reserve fund may be held and applied to the payment of the interest, premium, if any, or principal of bonds or for any other purpose authorized by the Authority. (20 ILCS 3505/7.93 new) Sec. 7.93. Powers and duties. The Authority has the power: (a) To issue bonds in one or more series pursuant to one or more resolutions of the Authority for any purpose authorized under Sections 7.90 through 7.99 of this Act. (b) To provide for the funding of any reserves or other funds or accounts deemed necessary by the Authority in connection with any bonds issued by the Authority. (c) To pledge any funds of the Authority or funds made available to the Authority that may be applied to such purpose as security for any bonds or any guarantees, letters of credit, insurance contracts, or similar credit support or liquidity instruments securing the bonds. (d) To enter into agreements or contracts with third parties, whether public or private, including without limitation the United States of America, the State, or any department or agency thereof, to obtain any appropriations, grants, loans, or guarantees that are deemed necessary or desirable by the Authority. Any such guarantee, agreement, or contract may contain terms and provisions necessary or desirable in connection with the program, subject to the requirements established by Sections 7.90 through 7.99 of this Act. (e) To exercise such other powers as are necessary or incidental to the foregoing. (20 ILCS 3505/7.94 new) Sec. 7.94. Mine-mouth power plant and transmission line bond authorization limits. In addition to any other bonds authorized to be issued under this Act, the Authority may have outstanding, at any time, bonds for the purposes enumerated in Sections 7.90 through 7.99 in an aggregate principal amount that shall not exceed $2,035,000,000, $1,770,000,000 of which is dedicated to the construction of mine-mouth power plants and $265,000,000 of which is dedicated to the construction of related power transmission lines. An application for a loan financed from bond proceeds from a company for the construction of a mine-mouth power plant may not be approved for an amount in excess of $450,000,000 for any one company. These bonds shall not constitute an indebtedness or obligation of the State of Illinois and it shall be plainly stated on the face of each bond that it does not constitute an indebtedness or obligation of the State of Illinois but is payable solely from the revenues, income, or other assets of the Authority pledged therefor. (20 ILCS 3505/7.95 new) Sec. 7.95. Criteria for participation in the program. If the Authority requires an application for participation in the loan program, upon submission of any such application, the Authority or any entity on behalf of the Authority shall review such application for its completeness and may, at its discretion, accept or reject such application or request such additional information as it deems necessary or advisable to aid its review. The terms and conditions of the loans, including interest rates, shall be determined by the Authority by rule. The repayment of the loans may be paid only from company profits and may not be paid by electricity customers. (20 ILCS 3505/7.96 new) Sec. 7.96. Investment of moneys. Any moneys at any time held by the Authority pursuant to Sections 7.90 through 7.99 of this Act shall
107 [April 5, 2001] be held outside the State treasury in the custody of either the Treasurer of the Authority or a trustee or depository appointed by the Authority. Such moneys may be invested in (a) investments authorized in the Public Funds Investment Act, (b) obligations issued by any State, unit of local government, or school district, which obligations are rated at the time of purchase by a national rating service within the 2 highest rating classifications without regard to any rating refinement or gradation by numerical or other modifier, or (c) equity securities of an investment company registered under the Investment Company Act of 1940 whose sole assets, other than cash and other temporary investments, are obligations that are eligible investments for the Authority. The interest, dividends, or other earnings from these investments may be used to pay administrative costs of the Authority incurred in administering the program or trustee or depository fees incurred in connection with the program. (20 ILCS 3505/7.97 new) Sec. 7.97. Pledge of revenues by the Authority. Any pledge of revenues or other moneys made by the Authority shall be binding from the time the pledge is made. Revenues and other moneys so pledged shall be held outside of the State Treasury and in the custody of either the Treasurer of the Authority or a trustee or a depository appointed by the Authority. Revenues or other moneys so pledged and thereafter received by the Authority or such trustee or depository shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be binding against all parties having claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the Authority. (20 ILCS 3505/7.98 new) Sec. 7.98. Tax exemption. The exercise of the powers granted in Sections 7.90 through 7.99 of this Act are in all respects for the benefit of the people of Illinois and in consideration thereof the bonds issued pursuant to the those Sections and the income therefrom shall be free from all taxation by the State or its political subdivisions, except for estate, transfer, and inheritance taxes. For purposes of Section 250 of the Illinois Income Tax Act, the exemption of the income from bonds issued under the those Sections shall terminate after all of the bonds have been paid. The amount of such income that shall be added and then subtracted on the Illinois income tax return of a taxpayer, pursuant to Section 203 of the Illinois Income Tax Act, from federal adjusted gross income or federal taxable income in computing Illinois base income shall be the interest net of any bond premium amortization. (20 ILCS 3505/7.99 new) Sec. 7.99. Eligible investments. Bonds, issued by the Authority pursuant to the provisions of Sections 7.90 through 7.99 of this Act, shall be permissible investments within the provisions of Section 12 of this Act. Section 15-930. The State Finance Act is amended by adding Sections 5.545 and 5.546 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Clean Air and Development Fund. (30 ILCS 105/5.546 new) Sec. 5.546. The Energy Efficiency Investment Fund. Section 15-935. The General Obligation Bond Act is amended by changing Section 2 as follows: (30 ILCS 330/2) (from Ch. 127, par. 652) Sec. 2. Authorization for Bonds. The State of Illinois is authorized to issue, sell and provide for the retirement of General Obligation Bonds of the State of Illinois for the categories and specific purposes expressed in Sections 2 through 8 of this Act, in the total amount of $14,697,632,592
[April 5, 2001] 108 Of the total amount of Bonds authorized in this Act, up to $2,200,000,000 in aggregate original principal amount may be issued and sold in accordance with the Baccalaureate Savings Act in the form of General Obligation College Savings Bonds. Of the total amount of Bonds authorized in this Act, up to $300,000,000 in aggregate original principal amount may be issued and sold in accordance with the Retirement Savings Act in the form of General Obligation Retirement Savings Bonds. The issuance and sale of Bonds pursuant to the General Obligation Bond Act is an economical and efficient method of financing the capital needs of the State. This Act will permit the issuance of a multi-purpose General Obligation Bond with uniform terms and features. This will not only lower the cost of registration but also reduce the overall cost of issuing debt by improving the marketability of Illinois General Obligation Bonds. (Source: P.A. 90-1, eff. 2-20-97; 90-8, eff. 12-8-97; 90-549, eff. 12-8-97; 90-586, eff. 6-4-98; 91-39, eff. 6-15-99; 91-53, eff 6-30-99; 91-710, eff. 5-17-00.) (30 ILCS 330/7) (from Ch. 127, par. 657) Sec. 7. Coal and Energy Development. The amount of $163,200,000 is authorized to be used by the Department of Commerce and Community Affairs for coal and energy development purposes, pursuant to Sections 2, 3 and 3.1 of the Illinois Coal and Energy Development Bond Act, and for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act. Of this amount $115,000,000 is for the specific purposes of acquisition, development, construction, reconstruction, improvement, financing, architectural and technical planning and installation of capital facilities consisting of buildings, structures, durable equipment, and land for the purpose of capital development of coal resources within the State and for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act, $35,000,000 is for the purposes specified in Section 8.1 of the Energy Conservation and Coal Development Act,
109 [April 5, 2001] 1/2% of the taxes owed under this Act by the taxpayer for the taxable year for the fourth and fifth taxable years of operation of the plant. For purposes of this Section, "mine-mouth power plant" means a coal-fired power plant sited adjacent to a coal mine. This Section is exempt from the provisions of Section 250. Section 15-945. The Use Tax Act is amended by changing Section 3-5 as follows: (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (4) Personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department. (5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the Replacement Vehicle Tax. (6) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order, certified by the purchaser to be used primarily for graphic arts production, and including machinery and equipment purchased for lease. (7) Farm chemicals. (8) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (9) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act.
[April 5, 2001] 110 (11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (11). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (11) is exempt from the provisions of Section 3-90. (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (13) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages purchased at retail from a retailer, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (14) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (17) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the
111 [April 5, 2001] personal use of the user, and not subject to sale or resale. (18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property. (20) Semen used for artificial insemination of livestock for direct agricultural production. (21) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (23) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (24) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that
[April 5, 2001] 112 has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (25) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-90. (27) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes. For purposes of this exemption, "a corporation, limited liability company, society, association, foundation, or institution organized and operated exclusively for educational purposes" means all tax-supported public schools, private schools that offer systematic instruction in useful branches of learning by methods common to public schools and that compare favorably in their scope and intensity with the course of study presented in tax-supported schools, and vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation. (28) 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. (29) Beginning January 1, 2000, new or used automatic vending machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacement parts for these machines. This paragraph is exempt from the provisions of Section 3-90. (30) 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, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act. (31) Beginning on January 1, 2002, production related tangible personal property and machinery and equipment, including repair and replacement parts, both new and used, and including those items
113 [April 5, 2001] manufactured on special order or purchased for lease, certified by the purchaser to be essential to and used in the integrated process of the construction of a mine-mouth power plant located within an Enterprise Zone and related power transmission lines, as determined under Section 605-331 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. For purpose of this Section, "mine-mouth power plant" means a coal-fired power plant sited adjacent to a coal mine. (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99; 91-901, eff. 1-1-01.) Section 15-950. The Service Use Tax Act is amended by changing Section 3-5 as follows: (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a non-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (4) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. (6) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (7). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors,
[April 5, 2001] 114 harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 3-75. (8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (10) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (11) Proceeds from the sale of photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (13) Semen used for artificial insemination of livestock for direct agricultural production. (14) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (15) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such
115 [April 5, 2001] amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (16) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (17) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (19) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-75. (20)
[April 5, 2001] 116 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. (22)
117 [April 5, 2001] used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (7). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 3-55. (8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (10) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (11) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (13) Food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving
[April 5, 2001] 118 medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act. (14) Semen used for artificial insemination of livestock for direct agricultural production. (15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (16) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (17) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (19) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (20) Beginning July 1, 1999, game or game birds sold at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-55. (21)
119 [April 5, 2001] 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 3-55. (23)
[April 5, 2001] 120 animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 2-70. (3) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (4) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. (5) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act. (6) Personal property sold by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Proceeds of that portion of the selling price of a passenger car the sale of which is subject to the Replacement Vehicle Tax. (8) Personal property sold to an Illinois county fair association for use in conducting, operating, or promoting the county fair. (9) Personal property sold to a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (10) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active identification number issued by the Department. (12) Personal property sold to interstate carriers for hire for use as rolling stock moving in interstate commerce or to lessors under leases of one year or longer executed or in effect at the time of purchase by interstate carriers for hire for use as rolling stock moving in interstate commerce and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (13) Proceeds from sales to owners, lessors, or shippers of tangible personal property that is utilized by interstate carriers for hire for use as rolling stock moving in interstate commerce and
121 [April 5, 2001] equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (15) Proceeds of mandatory service charges separately stated on customers' bills for purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (16) Petroleum products sold to a purchaser if the seller is prohibited by federal law from charging tax to the purchaser. (17) Tangible personal property sold to a common carrier by rail or motor that receives the physical possession of the property in Illinois and that transports the property, or shares with another common carrier in the transportation of the property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of the property to a destination outside Illinois, for use outside Illinois. (18) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (19) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (20) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (21) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (22) Fuel and petroleum products sold to or used by an air carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (23) A transaction in which the purchase order is received by a florist who is located outside Illinois, but who has a florist located in Illinois deliver the property to the purchaser or the purchaser's donee in Illinois. (24) Fuel consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this State if the fuel is delivered by the seller to the purchaser's barge, ship, or vessel while it is afloat upon that bordering river.
[April 5, 2001] 122 (25) A motor vehicle sold in this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a driveaway decal permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle Code or if the nonresident purchaser has vehicle registration plates to transfer to the motor vehicle upon returning to his or her home state. The issuance of the driveaway decal permit or having the out-of-state registration plates to be transferred is prima facie evidence that the motor vehicle will not be titled in this State. (26) Semen used for artificial insemination of livestock for direct agricultural production. (27) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (28) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act. (29) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of this Act. (30) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (31) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (32) Beginning July 1, 1999, game or game birds sold at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 2-70. (33)
123 [April 5, 2001] or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation. (34)
[April 5, 2001] 124 Utility Fund in the State treasury. (b) All of the ordinary and contingent expenses of the Commission incident to the administration of this Act shall be paid out of the Public Utility Fund except the compensation of the members of the Commission which shall be paid from the General Revenue Fund. Notwithstanding other provisions of this Act to the contrary, the ordinary and contingent expenses of the Commission incident to the administration of the Illinois Commercial Transportation Law may be paid from appropriations from the Public Utility Fund through the end of fiscal year 1986. (c) A tax is imposed upon each public utility subject to the provisions of this Act equal to .08% of its gross revenue for each calendar year commencing with the calendar year beginning January 1, 1982, except that the Commission may, by rule, establish a different rate no greater than 0.1%. For purposes of this Section, "gross revenue" shall not include revenue from the production, transmission, distribution, sale, delivery, or furnishing of electricity. "Gross revenue" shall not include amounts paid by telecommunications retailers under the Telecommunications Municipal Infrastructure Maintenance Fee Act. (d) Annual gross revenue returns shall be filed in accordance with paragraph (1) or (2) of this subsection (d). (1) Except as provided in paragraph (2) of this subsection (d), on or before January 10 of each year each public utility subject to the provisions of this Act shall file with the Commission an estimated annual gross revenue return containing an estimate of the amount of its gross revenue for the calendar year commencing January 1 of said year and a statement of the amount of tax due for said calendar year on the basis of that estimate. Public utilities may also file revised returns containing updated estimates and updated amounts of tax due during the calendar year. These revised returns, if filed, shall form the basis for quarterly payments due during the remainder of the calendar year. In addition, on or before February 15 of each year, each public utility shall file an amended return showing the actual amount of gross revenues shown by the company's books and records as of December 31 of the previous year. Forms and instructions for such estimated, revised, and amended returns shall be devised and supplied by the Commission. (2) Beginning January 1, 1993, the requirements of paragraph (1) of this subsection (d) shall not apply to any public utility in any calendar year for which the total tax the public utility owes under this Section is less than $1,000. For such public utilities with respect to such years, the public utility shall file with the Commission, on or before January 31 of the following year, an annual gross revenue return for the year and a statement of the amount of tax due for that year on the basis of such a return. Forms and instructions for such returns and corrected returns shall be devised and supplied by the Commission. (e) All returns submitted to the Commission by a public utility as provided in this subsection (e) or subsection (d) of this Section shall contain or be verified by a written declaration by an appropriate officer of the public utility that the return is made under the penalties of perjury. The Commission may audit each such return submitted and may, under the provisions of Section 5-101 of this Act, take such measures as are necessary to ascertain the correctness of the returns submitted. The Commission has the power to direct the filing of a corrected return by any utility which has filed an incorrect return and to direct the filing of a return by any utility which has failed to submit a return. A taxpayer's signing a fraudulent return under this Section is perjury, as defined in Section 32-2 of the Criminal Code of 1961. (f) (1) For all public utilities subject to paragraph (1) of subsection (d), at least one quarter of the annual amount of tax due under subsection (c) shall be paid to the Commission on or before the tenth day of January, April, July, and October of the calendar year
125 [April 5, 2001] subject to tax. In the event that an adjustment in the amount of tax due should be necessary as a result of the filing of an amended or corrected return under subsection (d) or subsection (e) of this Section, the amount of any deficiency shall be paid by the public utility together with the amended or corrected return and the amount of any excess shall, after the filing of a claim for credit by the public utility, be returned to the public utility in the form of a credit memorandum in the amount of such excess or be refunded to the public utility in accordance with the provisions of subsection (k) of this Section. However, if such deficiency or excess is less than $1, then the public utility need not pay the deficiency and may not claim a credit. (2) Any public utility subject to paragraph (2) of subsection (d) shall pay the amount of tax due under subsection (c) on or before January 31 next following the end of the calendar year subject to tax. In the event that an adjustment in the amount of tax due should be necessary as a result of the filing of a corrected return under subsection (e), the amount of any deficiency shall be paid by the public utility at the time the corrected return is filed. Any excess tax payment by the public utility shall be returned to it after the filing of a claim for credit, in the form of a credit memorandum in the amount of the excess. However, if such deficiency or excess is less than $1, the public utility need not pay the deficiency and may not claim a credit. (g) Each installment or required payment of the tax imposed by subsection (c) becomes delinquent at midnight of the date that it is due. Failure to make a payment as required by this Section shall result in the imposition of a late payment penalty, an underestimation penalty, or both, as provided by this subsection. The late payment penalty shall be the greater of: (1) $25 for each month or portion of a month that the installment or required payment is unpaid or (2) an amount equal to the difference between what should have been paid on the due date, based upon the most recently filed estimate, and what was actually paid, times 1%, for each month or portion of a month that the installment or required payment goes unpaid. This penalty may be assessed as soon as the installment or required payment becomes delinquent. The underestimation penalty shall apply to those public utilities subject to paragraph (1) of subsection (d) and shall be calculated after the filing of the amended return. It shall be imposed if the amount actually paid on any of the dates specified in subsection (f) is not equal to at least one-fourth of the amount actually due for the year, and shall equal the greater of: (1) $25 for each month or portion of a month that the amount due is unpaid or (2) an amount equal to the difference between what should have been paid, based on the amended return, and what was actually paid as of the date specified in subsection (f), times a percentage equal to 1/12 of the sum of 10% and the percentage most recently established by the Commission for interest to be paid on customer deposits under 83 Ill. Adm. Code 280.70(e)(1), for each month or portion of a month that the amount due goes unpaid, except that no underestimation penalty shall be assessed if the amount actually paid on each of the dates specified in subsection (f) was based on an estimate of gross revenues at least equal to the actual gross revenues for the previous year. The Commission may enforce the collection of any delinquent installment or payment, or portion thereof by legal action or in any other manner by which the collection of debts due the State of Illinois may be enforced under the laws of this State. The executive director or his designee may excuse the payment of an assessed penalty if he determines that enforced collection of the penalty would be unjust. (h) All sums collected by the Commission under the provisions of this Section shall be paid promptly after the receipt of the same, accompanied by a detailed statement thereof, into the Public Utility
[April 5, 2001] 126 Fund in the State treasury. (i) During the month of October of each odd-numbered year the Commission shall: (1) determine the amount of all moneys deposited in the Public Utility Fund during the preceding fiscal biennium plus the balance, if any, in that fund at the beginning of that biennium; (2) determine the sum total of the following items: (A) all moneys expended or obligated against appropriations made from the Public Utility Fund during the preceding fiscal biennium, plus (B) the sum of the credit memoranda then outstanding against the Public Utility Fund, if any; and (3) determine the amount, if any, by which the sum determined as provided in item (1) exceeds the amount determined as provided in item (2). If the amount determined as provided in item (3) of this subsection exceeds $2,500,000, the Commission shall then compute the proportionate amount, if any, which (x) the tax paid hereunder by each utility during the preceding biennium, and (y) the amount paid into the Public Utility Fund during the preceding biennium by the Department of Revenue pursuant to Sections 2-9 and 2-11 of the Electricity Excise Tax Law, bears to the difference between the amount determined as provided in item (3) of this subsection (i) and $2,500,000. The Commission shall cause the proportionate amount determined with respect to payments made under the Electricity Excise Tax Law to be transferred into the General Revenue Fund in the State Treasury, and notify each public utility that it may file during the 3 month period after the date of notification a claim for credit for the proportionate amount determined with respect to payments made hereunder by the public utility. If the proportionate amount is less than $10, no notification will be sent by the Commission, and no right to a claim exists as to that amount. Upon the filing of a claim for credit within the period provided, the Commission shall issue a credit memorandum in such amount to such public utility. Any claim for credit filed after the period provided for in this Section is void. (i-5) A public utility is entitled to a credit against the tax imposed under this Section in the amount equal to the amount expended by the public utility during the reporting period on use and occupation taxes for the purchase coal produced in Illinois. The Commission shall establish by rule the procedures to apply for the credit. The Commission shall issue, as provided by rule, a credit memorandum to the public utility for the credit allowed under this subsection (i-5). (j) Credit memoranda issued pursuant to subsection (f),
127 [April 5, 2001] Regional Transport of Ozone", hereinafter referred to as the "NOx SIP Call", compliance with which will require reducing emissions of nitrogen oxides ("NOx"); (2) That reducing emissions of NOx in the State helps the State to meet the national ambient air quality standard for ozone; (3) That emissions trading is a cost-effective means of obtaining reductions of NOx emissions. (b) The Agency shall propose and the Board shall adopt regulations to implement an interstate NOx trading program (hereinafter referred to as the "NOx Trading Program") as provided for in 40 CFR Part 96, including incorporation by reference of appropriate provisions of 40 CFR Part 96 and regulations to address 40 CFR Section 96.4(b), Section 96.55(c), Subpart E, and Subpart I. In addition, the Agency shall propose and the Board shall adopt regulations to implement NOx emission reduction programs for cement kilns and stationary internal combustion engines. (c) Allocations of NOx allowances to large electric generating units ("EGUs") and large non-electric generating units ("non-EGUs"), as defined by 40 CFR Part 96.4(a), shall not exceed the State's trading budget for those source categories to be included in the State Implementation Plan for NOx. (d) In adopting regulations to implement the NOx Trading Program, the Board shall: (1) assure that the economic impact and technical feasibility of NOx emissions reductions under the NOx Trading Program are considered relative to the traditional regulatory control requirements in the State for EGUs and non-EGUs; (2) provide that emission units, as defined in Section 39.5(1) of this Act, may opt into the NOx Trading Program; (3) provide for voluntary reductions of NOx emissions from emission units, as defined in Section 39.5(1) of this Act, not otherwise included under paragraph (c) or (d)(2) of this Section to provide additional allowances to EGUs and non-EGUs to be allocated by the Agency. The regulations shall further provide that such voluntary reductions are verifiable, quantifiable, permanent, and federally enforceable; (4) provide that the Agency allocate to non-EGUs allowances that are designated in the rule, unless the Agency has been directed to transfer the allocations to another unit subject to the requirements of the NOx Trading Program, and that upon shutdown of a non-EGU, the unit may transfer or sell the NOx allowances that are allocated to such unit; and (5) provide that the Agency shall set aside annually a number of allowances, not to exceed 5% of the total EGU trading budget, to be made available to new EGUs. (A) Those EGUs that commence commercial operation, as defined in 40 CFR Section 96.2, at a time that is more than half way through the control period in 2003
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129 [April 5, 2001] sufficient, reliable, and affordable energy supply on the state and national levels is being affected by the on-going deregulation of the power generation industry and the evolving energy markets; (6) the Governor's formation of an Energy Cabinet and the development of a State energy policy calls for actions by the Agency and the Board that are in harmony with the energy needs and policy of the State, while protecting the public health and the environment; (7) Illinois coal is an abundant resource and an important component of Illinois' economy whose use should be encouraged to the greatest extent possible consistent with protecting the public health and the environment; (8) renewable forms of energy should be promoted as an important element of the energy and environmental policies of the State and that it is a goal of the State that at least 5% of the State's energy production and use be derived from renewable forms of energy by 2010 and at least 15% from renewable forms of energy by 2020; (9) efforts on the state and federal levels are underway to consider the multiple environmental regulations affecting electric generating plants in order to improve the ability of government and the affected industry to engage in effective planning through the use of multi-pollutant strategies; and (10) these issues, taken together, call for a comprehensive review of the impact of these facilities on the public health, considering also the energy supply, reliability, and costs, the role of renewable forms of energy, and the developments in federal law and regulations that may affect any state actions, prior to making final decisions in Illinois. (b) Taking into account the findings and declarations of the General Assembly contained in subsection (a) of this Section, the Agency shall, before September 30, 2004, but not before September 30, 2003, issue to the House and Senate Committees on Environment and Energy findings that address the potential need for the control or reduction of emissions from fossil fuel-fired electric generating plants, including the following provisions: (1) reduction of nitrogen oxide emissions, as appropriate, with consideration of maximum annual emissions rate limits or establishment of an emissions trading program and with consideration of the developments in federal law and regulations that may affect any State action, prior to making final decisions in Illinois; (2) reduction of sulfur dioxide emissions, as appropriate, with consideration of maximum annual emissions rate limits or establishment of an emissions trading program and with consideration of the developments in federal law and regulations that may affect any State action, prior to making final decisions in Illinois; (3) incentives to promote renewable sources of energy consistent with item (8) of subsection (a) of this Section; (4) reduction of mercury as appropriate, consideration of the availability of control technology, industry practice requirements, or incentive programs, or some combination of these approaches that are sufficient to prevent unacceptable local impacts from individual facilities, and with consideration of the developments in federal law and regulations that may affect any state action, prior to making final decisions in Illinois; and (5) establishment of a banking system, consistent with the United States Department of Energy's voluntary reporting system, for certifying credits for voluntary offsets of emissions of greenhouse gases, as identified by the United States Environmental Protection Agency, or other voluntary reductions of greenhouse gases. Such reduction efforts may include, but are not limited to, carbon sequestration, technology-based control measures, energy efficiency measures, and the use of renewable energy sources.
[April 5, 2001] 130 The Agency shall consider the impact on the public health, considering also energy supply, reliability and costs, the role of renewable forms of energy, and developments in federal law and regulations that may affect any state actions, prior to making final decisions in Illinois. (c) Nothing in this Section is intended to or should be interpreted in a manner to limit or restrict the authority of the Illinois Environmental Protection Agency to propose, or the Illinois Pollution Control Board to adopt, any regulations applicable or that may become applicable to the facilities covered by this Section that are required by federal law. (d) The Agency may file proposed rules with the Board to effectuate its findings provided to the Senate Committee on Environment and Energy and the House Committee on Environment and Energy in accordance with subsection (b) of this Section. Any such proposal shall not be submitted sooner than 90 days after the issuance of the findings provided for in subsection (b) of this Section. The Board shall take action on any such proposal within one year of the Agency's filing of the proposed rules. Section 99. Effective date. This Act takes effect July 1, 2001.". The motion prevailed and the amendments were adopted and ordered printed. Representative Reitz offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO HOUSE BILL 63 AMENDMENT NO. 5. Amend House Bill 63, AS AMENDED, in Section 5-40, by adding after the last period in the Section, the following: "The Department must, however, expend at least $100,000,000 of the proceeds of the sale of the $500,000,000 in bonds authorized to be expended under Section 7 of the General Obligation Bond Act for the construction of mine-mouth power plants, as defined in Section 605-331 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois."; and in Section 15-935, Sec. 7, by replacing "The amount of $500,000,000 is authorized to be used by the Department of Commerce and Community Affairs for the purposes consistent with the Clean Air and Development Law." with the following: "The amount of $500,000,000 is authorized to be used by the Department of Commerce and Community Affairs for the purposes consistent with the Clean Air and Development Law. Of that $500,000,000, the Department must use $100,000,000 exclusively for the construction of mine-mouth power plants, as defined in Section 605-331 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois." The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 4 and 5 were ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2283. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendments were offered in the Committee on Constitutional Officers, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2283 AMENDMENT NO. 1. Amend House Bill 2283 on page 40, by deleting
131 [April 5, 2001] lines 22 through 26. AMENDMENT NO. 2 TO HOUSE BILL 2283 AMENDMENT NO. 2. Amend House Bill 2283 on page 34, by deleting lines 5 through 7; and on page 34, line 8, by replacing "(5)" with "(3)"; and on page 34, line 8, after "in" by inserting "reasonable"; and on page 34, line 10, by replacing "(6)" with "(4)"; and on page 34, line 10, after "premises" by inserting "reasonably". Representative Morrow offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 2283 AMENDMENT NO. 3. Amend House Bill 2283, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Grave and Cemetery Restoration Act is amended by changing Section 1 as follows: (55 ILCS 70/1) (from Ch. 21, par. 61) Sec. 1. Care by county. (a) The county board of any county may appropriate funds from the county treasury to be used for the purpose of putting any old, neglected graves and cemeteries in the county in a cleaner and more respectable condition. (b) A county that has within its territory an abandoned cemetery may enter the cemetery grounds and cause the grounds to be cleared and made orderly. Provided, in no event shall a county enter an abandoned cemetery under this subsection if the owner of the property or the legally responsible cemetery authority provides written notification to the county, prior to the county's entry (1) demonstrating the ownership or authority to control or manage the cemetery and (2) declining the county authorization to enter the property. In making a cemetery orderly under this Section, the county may take necessary measures to correct dangerous conditions that exist in regard to markers, memorials, or other cemetery artifacts but may not permanently remove those items from their location on the cemetery grounds. If an abandoned cemetery is dedicated as an Illinois nature preserve under the Illinois Natural Areas Preservation Act, any actions to cause the grounds to be cleared and kept orderly shall be consistent with the rules and master plan governing the dedicated nature preserve. (c) For the purposes of this Section: "Abandoned cemetery" means an area of land containing more than 6 places of interment for which, after diligent search, no owner of the land or currently functioning cemetery authority objects to entry sought pursuant to this Section, and (1) at which no interments have taken place in at least 3 years; or (2) for which there has been inadequate maintenance for at least 6 months. "Diligent search" includes, but is not limited to, publication of a notice in a newspaper of local circulation not more than 45 but at least 30 days prior to a county's entry and cleanup of cemetery grounds. The notice shall provide (1) notice of the county's intended entry and cleanup of the cemetery; (2) the name, if known, and geographic location of the cemetery; (3) the right of the cemetery authority or owner of the property to deny entry to the county upon written notice to the county; and (4) the date or dates of the intended cleanup. "Inadequate maintenance" includes, but is not limited to, the failure to cut the lawn throughout a cemetery to prevent an overgrowth of grass and weeds; the failure to trim shrubs to prevent excessive overgrowth; the failure to trim trees so as to remove dead limbs; the failure to keep in repair the drains, water lines, roads, buildings, fences, and other structures of the cemetery premises; or the failure to keep the cemetery premises free of trash and debris.
[April 5, 2001] 132 (Source: P.A. 86-696.) Section 10. The Township Code is amended by changing Section 130-5 as follows: (60 ILCS 1/130-5) Sec. 130-5. Cemeteries; permitted activities. (a) A township may establish and maintain cemeteries within and without its territory, may acquire lands for cemeteries by condemnation or otherwise, may lay out lots of convenient size for families, and may sell lots for a family burying ground or to individuals for burial purposes. Associations duly incorporated under the laws of this State for cemetery purposes shall have the same power and authority to purchase lands and sell lots for burial purposes as are conferred upon townships under this Article. (b) A township that has within its territory an abandoned cemetery may enter the cemetery grounds and cause the grounds to be cleared and made orderly. Provided, in no event shall a township enter an abandoned cemetery under this subsection if the owner of the property or the legally responsible cemetery authority provides written notification to the township, prior to the township's entry (1) demonstrating the ownership or authority to control or manage the cemetery and (2) declining the township authorization to enter the property. In making a cemetery orderly under this Section, the township may take necessary measures to correct dangerous conditions that exist in regard to markers, memorials, or other cemetery artifacts but may not permanently remove those items from their location on the cemetery grounds. If an abandoned cemetery is dedicated as an Illinois nature preserve under the Illinois Natural Areas Preservation Act, any actions to cause the grounds to be cleared and kept orderly shall be consistent with the rules and master plan governing the dedicated nature preserve. (c) In this Section: "Abandoned cemetery" means an area of land containing more than 6 places of interment for which, after diligent search, no owner of the land or currently functioning cemetery authority objects to entry sought pursuant to this Section, and (1) at which no interments have taken place in at least 3 years; or (2) for which there has been inadequate maintenance for at least 6 months. "Diligent search" includes, but is not limited to, publication of a notice in a newspaper of local circulation not more than 45 but at least 30 days prior to a township's entry and cleanup of cemetery grounds. The notice shall provide (1) notice of the township's intended entry and cleanup of the cemetery; (2) the name, if known, and geographic location of the cemetery; (3) the right of the cemetery authority or owner of the property to deny entry to the township upon written notice to the township; and (4) the date or dates of the intended cleanup. "Inadequate maintenance" includes, but is not limited to, the failure to cut the lawn throughout a cemetery to prevent an overgrowth of grass and weeds; the failure to trim shrubs to prevent excessive overgrowth; the failure to trim trees so as to remove dead limbs; the failure to keep in repair the drains, water lines, roads, buildings, fences, and other structures of the cemetery premises; or the failure to keep the cemetery premises free of trash and debris. (Source: Laws 1963, p. 824; P.A. 88-62.) Section 15. The Illinois Municipal Code is amended by changing Section 11-49-1 as follows: (65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1) Sec. 11-49-1. Cemeteries; permitted activities. (a) The corporate authorities of each municipality may establish and regulate cemeteries within or without the municipal limits; may acquire lands therefor, by purchase or otherwise; may cause cemeteries to be removed; and may prohibit their establishment within one mile of the municipal limits. (b) The corporate authorities also may enter into contracts to purchase existing cemeteries, or lands for cemetery purposes, on deferred installments to be paid solely from the proceeds of sale of cemetery lots. Every such contract shall empower the purchasing
133 [April 5, 2001] municipality, in its own name, to execute and deliver deeds to purchasers of cemetery lots for burial purposes. (c) The corporate authorities of each municipality that has within its territory an abandoned cemetery may enter the cemetery grounds and cause the grounds to be cleared and made orderly. Provided, in no event shall the corporate authorities of a municipality enter an abandoned cemetery under this subsection if the owner of the property or the legally responsible cemetery authority provides written notification to the corporate authorities, prior to the corporate authorities' entry (1) demonstrating the ownership or authority to control or manage the cemetery and (2) declining the corporate authority authorization to enter the property. In making a cemetery orderly under this Section, the corporate authorities of a municipality may take necessary measures to correct dangerous conditions that exist in regard to markers, memorials, or other cemetery artifacts but may not permanently remove those items from their location on the cemetery grounds. If an abandoned cemetery is dedicated as an Illinois nature preserve under the Illinois Natural Areas Preservation Act, any actions to cause the grounds to be cleared and kept orderly shall be consistent with the rules and master plan governing the dedicated nature preserve. (d) In this Section: "Abandoned cemetery" means an area of land containing more than 6 places of interment for which, after diligent search, no owner of the land or currently functioning cemetery authority objects to entry sought pursuant to this Section, and (1) at which no interments have taken place in at least 3 years; or (2) for which there has been inadequate maintenance for at least 6 months. "Diligent search" includes, but is not limited to, publication of a notice in a newspaper of local circulation not more than 45 but at least 30 days prior to entry and cleanup of cemetery grounds by the corporate authorities of a municipality. The notice shall provide (1) notice of the corporate authorities' intended entry and cleanup of the cemetery; (2) the name, if known, and geographic location of the cemetery; (3) the right of the cemetery authority or owner of the property to deny entry to the corporate authorities upon written notice to those authorities; and (4) the date or dates of the intended cleanup. "Inadequate maintenance" includes, but is not limited to, the failure to cut the lawn throughout a cemetery to prevent an overgrowth of grass and weeds; the failure to trim shrubs to prevent excessive overgrowth; the failure to trim trees so as to remove dead limbs; the failure to keep in repair the drains, water lines, roads, buildings, fences, and other structures of the cemetery premises; or the failure to keep the cemetery premises free of trash and debris. (Source: Laws 1961, p. 576.) Section 20. The Illinois Funeral or Burial Funds Act is amended by changing Sections 1a, 1a-1, 2, 2a, 3, 3a, 3e, 3f, 4, 7.2, and 8 and by adding Sections 3a-5 and 8.1 as follows: (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a) Sec. 1a. For the purposes of this Act, the following terms shall have the meanings specified, unless the context clearly requires another meaning: "Beneficiary" means the person specified in the pre-need contract upon whose death funeral services or merchandise shall be provided or delivered. "Licensee" means a seller of a pre-need contract who has been licensed by the Comptroller under this Act. "Outer burial container" means any container made of concrete, steel, wood, fiberglass or similar material, used solely at the interment site, and designed and used exclusively to surround or enclose a separate casket and to support the earth above such casket, commonly known as a burial vault, grave box or grave liner, but not including a lawn crypt as defined in the Illinois Pre-need Cemetery Sales Act. "Parent company" means a corporation owning more than 12 cemeteries or funeral homes in more than one state.
[April 5, 2001] 134 "Person" means any person, partnership, association, corporation, or other entity. "Pre-need contract" means any agreement or contract, or any series or combination of agreements or contracts, whether funded by trust deposits or life insurance policies or annuities, which has for a purpose the furnishing or performance of funeral services or the furnishing or delivery of any personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body. Nothing in this Act is intended to regulate the content of a life insurance policy or a tax-deferred annuity. "Provider" means a person who is obligated for furnishing or performing funeral services or the furnishing or delivery of any personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body. "Purchaser" means the person who originally paid the money under or in connection with a pre-need contract. "Sales proceeds" means the entire amount paid to a seller, exclusive of sales taxes paid by the seller, finance charges paid by the purchaser, and credit life, accident or disability insurance premiums, upon any agreement or contract, or series or combination of agreements or contracts, for the purpose of performing funeral services or furnishing personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body, including, but not limited to, the retail price paid for such services and personal property and merchandise. "Purchase price" means
135 [April 5, 2001] (B) Except as provided in subparagraph (C) of this paragraph (3), each non-guaranteed price contract shall contain the following statement in 12 point bold type: THIS CONTRACT DOES NOT GUARANTEE THE PRICE THE BENEFICIARY WILL PAY FOR ANY SPECIFIC GOODS OR SERVICES. ANY FUNDS PAID UNDER THIS CONTRACT ARE ONLY A DEPOSIT TO BE APPLIED TOWARD THE FINAL PRICE OF THE GOODS OR SERVICES CONTRACTED FOR. ADDITIONAL CHARGES MAY BE REQUIRED. (C) If a non-guaranteed price contract may subsequently become guaranteed, the contract shall clearly disclose the nature of the guarantee and the time, occurrence, or event upon which the contract shall become a guaranteed price contract. (4) It provides that if the particular supplies and services specified in the pre-need contract are unavailable at the time of delivery, the provider shall be required to furnish supplies and services similar in style and at least equal in quality of material and workmanship. (5) It discloses any penalties or restrictions, including but not limited to geographic restrictions or the inability of the provider
[April 5, 2001] 136
137 [April 5, 2001] trustee of the fund. (Source: P.A. 88-477.) (225 ILCS 45/2a) Sec. 2a. Purchase of insurance or annuity. (a) If a purchaser selects the purchase of a life insurance policy or tax-deferred annuity contract to fund the pre-need contract, the application and collected premium shall be mailed within 30 days of signing the pre-need contract. (b) If life insurance or an annuity is used to fund a pre-need contract, the seller or provider shall not be named as the owner or beneficiary of the policy or annuity. No person whose only insurable interest in the insured is the receipt of proceeds from the policy or in naming who shall receive the proceeds nor any trust acting on behalf of such person or seller or provider shall be named as owner or beneficiary of the policy or annuity. (c) Nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity used to fund a guaranteed price pre-need contract to a person or trust for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, as permitted under federal law. The seller or contract provider may be named a nominal owner of the life insurance policy only for such time as it takes to immediately transfer the policy into a trust. Except for this purpose, neither the seller nor the contract provider shall be named the owner or the beneficiary of the policy or annuity.
[April 5, 2001] 138 (4) The names and addresses of the applicant's branch locations at which pre-need sales shall be conducted and which shall operate under the same license number as the applicant's principal place of business; (5) For each individual listed under item (1) above, a detailed statement of the individual's business experience for the 10 years immediately preceding the application; any present or prior connection between the individual and any other person engaged in pre-need sales; any felony or misdemeanor convictions for which fraud was an essential element; any charges or complaints lodged against the individual for which fraud was an essential element and which resulted in civil or criminal litigation; any failure of the individual to satisfy an enforceable judgment entered against him based upon fraud; and any other information requested by the Comptroller relating to past business practices of the individual. Since the information required by this item (5) may be confidential or contain proprietary information, this information shall not be available to other licensees or the general public and shall be used only for the lawful purposes of the Comptroller in enforcing this Act; (6) The name of the trustee and, if applicable, the names of the advisors to the trustee, including a copy of the proposed trust agreement under which the trust funds are to be held as required by this Act; and (7) Such other information as the Comptroller may reasonably require in order to determine the qualification of the applicant to be licensed under this Act.
139 [April 5, 2001] is used to fund the pre-need contract, the licensee under this Act shall keep and maintain accurate accounts, books, and records in this State, at the principal place of business identified in the licensee's application or as otherwise approved by the Comptroller in writing, of all insurance policies and tax-deferred annuities used to fund the pre-need contract, the name and address of insured, annuitant, and initial beneficiary, and the name and address of the insurance company issuing the policy or annuity. If a life insurance policy or tax-deferred annuity is used to fund a pre-need contract, the licensee shall notify the insurance company of the name of each pre-need contract purchaser and the amount of each payment when the pre-need contract, insurance policy or annuity is purchased. The licensee shall make reports to the Comptroller annually or at such other time as the Comptroller may require, on forms furnished by the Comptroller. The licensee shall file the annual report with the Comptroller within 75 days after the end of the licensee's fiscal year. The Comptroller shall for good cause shown grant an extension for the filing of the annual report upon the written request of the licensee. Such extension shall not exceed 60 days. If a licensee fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the licensee a penalty of $5 for each and every day the licensee remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown. Every application shall be accompanied by a check or money order in the amount of $25 and every report shall be accompanied by a check or money order in the amount of $10 payable to: Comptroller, State of Illinois. The licensee shall make all required books and records pertaining to trust funds, insurance policies, or tax-deferred annuities available to the Comptroller for examination. The Comptroller, or a person designated by the Comptroller who is trained to perform such examinations, may at any time investigate the books, records and accounts of the licensee with respect to trust funds, insurance policies, or tax-deferred annuities and for that purpose may require the attendance of and examine under oath all persons whose testimony he may require. The licensee shall pay a fee for such examination in accordance with a schedule established by the Comptroller. The fee shall not exceed the cost of such examination. For pre-need contracts funded by trust arrangements, the cost of an initial examination shall be borne by the licensee if it has $10,000 or more in trust funds, otherwise, by the Comptroller. The charge made by the Comptroller for an examination shall be based upon the total amount of trust funds held by the licensee at the end of the calendar or fiscal year for which the report is required by this Act and shall be in accordance with the following schedule: Less than $10,000............................................no charge; $10,000 or more but less than $50,000..............................$10; $50,000 or more but less than $100,000.............................$40; $100,000 or more but less than $250,000............................$80; $250,000 or more..................................................$100. The Comptroller may order additional audits or examinations as he or she may deem necessary or advisable to ensure the safety and stability of the trust funds and to ensure compliance with this Act. These additional audits or examinations shall only be made after good cause is established by the Comptroller in the written order. The grounds for ordering these additional audits or examinations may include, but shall not be limited to: (1) material and unverified changes or fluctuations in trust balances or insurance or annuity policy amounts; (2) the licensee changing trustees more than twice in any 12-month period; (3) any withdrawals or attempted withdrawals from the trusts, insurance policies, or annuity contracts in violation of this Act; or (4) failure to maintain or produce documentation required by this Act for deposits into trust accounts, trust investment
[April 5, 2001] 140 activities, or life insurance or annuity policies. Prior to ordering an additional audit or examination, the Comptroller shall request the licensee to respond and comment upon the factors identified by the Comptroller as warranting the subsequent examination or audit. The licensee shall have 30 days to provide a response to the Comptroller. If the Comptroller decides to proceed with the additional examination or audit, the licensee shall bear the full cost of that examination or audit, up to a maximum of $7,500. The Comptroller may elect to pay for the examination or audit and receive reimbursement from the licensee. Payment of the costs of the examination or audit by a licensee shall be a condition of receiving, maintaining, or renewing a license under this Act. All moneys received by the Comptroller for examination or audit fees shall be maintained in a separate account to be known as the Comptroller's Administrative Fund. This Fund, subject to appropriation by the General Assembly, may be utilized by the Comptroller for enforcing this Act and other purposes that may be authorized by law. For pre-need contracts funded by life insurance or a tax-deferred annuity, the cost of an examination shall be borne by the licensee if it has received $10,000 or more in premiums during the preceding calendar year. The fee schedule for such examination shall be established in rules promulgated by the Comptroller. In the event such investigation or other information received by the Comptroller discloses a substantial violation of the requirements of this Act, the Comptroller shall revoke the license of such person upon a hearing as provided in this Act. Such licensee may terminate all further responsibility for compliance with the requirements of this Act by voluntarily surrendering the license to the Comptroller, or in the event of its loss, furnishing the Comptroller with a sworn statement to that effect, which states the licensee's intention to discontinue acceptance of funds received under pre-need contracts. Such license or statement must be accompanied by an affidavit that said licensee has lawfully expended or refunded all funds received under pre-need contracts, and that the licensee will accept no additional sales proceeds. The Comptroller shall immediately cancel or revoke said license. (Source: P.A. 88-477; 89-615, eff. 8-9-96.) (225 ILCS 45/3a) (from Ch. 111 1/2, par. 73.103a) Sec. 3a. Denial, suspension, or revocation of license. (a) The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (1) The applicant or licensee has made any misrepresentations or false statements or concealed any material fact. (2) The applicant or licensee is insolvent. (3) The applicant or licensee has been engaged in business practices that work a fraud. (4) The applicant or licensee has refused to give pertinent data to the Comptroller. (5) The applicant or licensee has failed to satisfy any enforceable judgment or decree rendered by any court of competent jurisdiction against the applicant. (6) The applicant or licensee has conducted or is about to conduct business in a fraudulent manner. (7) The trust agreement is not in compliance with State or federal law. (8) The fidelity bond is not satisfactory to the Comptroller. (9) As to any individual required to be listed in the license application, the individual has conducted or is about to conduct any business on behalf of the applicant in a fraudulent manner; has been convicted of any felony or misdemeanor, an essential element of which is fraud; has had a judgment rendered against him or her based on fraud in any civil litigation; has failed to satisfy any enforceable judgment or decree rendered against him or her by any court of competent jurisdiction; or has been convicted of any felony or any theft-related offense. (10) The applicant or licensee, including any member,
141 [April 5, 2001] officer, or director thereof if the applicant or licensee is a firm, partnership, association or corporation and any shareholder holding more than 10% of the corporate stock, has violated any provision of this Act or any regulation, decision, order, or finding made by the Comptroller under this Act. (11) The Comptroller finds any fact or condition existing which, if it had existed at the time of the original application for such license, would have warranted the Comptroller in refusing the issuance of the license. (b) Before refusal to issue or renew and before suspension or revocation of a license, the Comptroller shall hold a hearing to determine whether the applicant or licensee, hereinafter referred to as the respondent, is entitled to hold such a license. At least 10 days prior to the date set for such hearing, the Comptroller shall notify the respondent in writing that on the date designated a hearing will be held to determine his eligibility for a license and that he may appear in person or by counsel. Such written notice may be served on the respondent personally, or by registered or certified mail sent to the respondent's business address as shown in his latest notification to the Comptroller. At the hearing, both the respondent and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto. The Comptroller may reasonably continue such hearing from time to time. The Comptroller may subpoena any person or persons in this State and take testimony orally, by deposition or by exhibit, in the same manner and with the same fees and mileage allowances as prescribed in judicial proceedings in civil cases. Any authorized agent of the Comptroller may administer oaths to witnesses at any hearing which the Comptroller is authorized to conduct. (Source: P.A. 84-839.) (225 ILCS 45/3a-5 new) Section 3a-5. License requirements. (a) Every license issued by the Comptroller shall state the number of the license, the business name and address of the licensee's principal place of business, each branch location also operating under the license, and the licensee's parent company, if any. The license shall be conspicuously posted in each place of business operating under the license. The Comptroller may issue such additional licenses as may be necessary for licensee branch locations upon compliance with the provisions of this Act governing an original issuance of a license for each new license. (b) Individual salespersons representing a licensee shall not be required to obtain licenses in their individual capacities, but must acknowledge, by affidavit, that they have been provided with a copy of and have read this Act. The licensee shall retain copies of the affidavits of its sellers for its records and shall make the affidavits available to the Comptroller for examination upon request. (c) The licensee shall be responsible for the activities of any person representing the licensee in selling or offering a pre-need contract for sale. (d) Any person not selling on behalf of a licensee shall obtain its own license. (e) No license shall be transferable or assignable without the express written consent of the Comptroller. A transfer of more than 50% of the ownership of any business licensed hereunder shall be deemed to be an attempted assignment of the license originally issued to the licensee for which consent of the Comptroller shall be required. (f) Every license issued hereunder shall remain in force until it has been suspended, surrendered, or revoked in accordance with this Act. The Comptroller, upon the request of an interested person or on his own motion, may issue new licenses to a licensee whose license or licenses have been revoked, if no factor or condition then exists which would have warranted the Comptroller to originally refuse the issuance of such license.
[April 5, 2001] 142 (225 ILCS 45/3e) (from Ch. 111 1/2, par. 73.103e) Sec. 3e. Upon the revocation of, suspension of, or refusal to renew any license, the licensee shall immediately surrender the license or licenses
143 [April 5, 2001] relieve the seller or provider from any liability for non-performance of his or her obligations under the pre-need contract. (c) After final payment on a pre-need contract, any purchaser may, upon written demand to a seller, demand that the pre-need contract with the seller be terminated. The seller shall, within 30 days, initiate a refund to the purchaser of the entire amount held in trust attributable to undelivered merchandise and unperformed services, including otherwise earned undistributed interest earned thereon or the cash surrender value of a life insurance policy or tax-deferred annuity. (c-5) If no funeral merchandise or services are provided or if the funeral is conducted by another person, the seller may keep no more than 10% of the payments made under the pre-need contract or $300, whichever sum is less. The remainder of the trust funds or insurance or annuity proceeds shall be forwarded to the legal heirs of the deceased or as determined by probate action. (d) The placement and retention of all or a portion of a casket, combination casket-vault, urn, or outer burial container comprised of materials which are designed to withstand prolonged storage in the manner set forth in this paragraph without adversely affecting the structural integrity or aesthetic characteristics of such merchandise in a specific burial space in which the person or persons for whose funeral or burial the merchandise was intended has a right of interment, or the placement of the merchandise in a specific mausoleum crypt or lawn crypt in which such person has a right of entombment, or the placement of the merchandise in a specific niche in which such person has a right of inurnment, or delivery to such person and retention by such person until the time of need shall constitute actual delivery to the person who originally paid the money under or in connection with said agreement or series of agreements. Actual delivery shall eliminate, from and after the date of actual delivery, any requirement under this Act to place or retain in trust any funds received for the sale of such merchandise. The delivery, prior to the time of need, of any funeral or burial merchandise in any manner other than authorized by this Section shall not constitute actual delivery and shall not eliminate any requirement under this Act to place or retain in trust any funds received for the sale of such merchandise. (Source: P.A. 87-1091; 88-477.) (225 ILCS 45/7.2) Sec. 7.2. Investigation of unlawful practices. If it appears to the Comptroller that a person has engaged in, is engaging in, or is about to engage in any practice in violation of
[April 5, 2001] 144 a Class 4 felony. If any person intentionally violates this Act or fails or refuses to comply with any order of the Comptroller or any part of an order that has become final to the person and is still in effect, the Comptroller may, after notice and hearing at which it is determined that a violation of this Act or the order has been committed, further order that the person shall forfeit and pay to the State of Illinois a sum not to exceed $5,000 for each violation. This liability shall be enforced in an action brought in any court of competent jurisdiction by the Comptroller in the name of the People of the State of Illinois.
145 [April 5, 2001] each of the programs, by regulation. The grant amounts may vary by program, size of assistance unit and geographic area. Aid payments shall not be reduced except: (1) for changes in the cost of items included in the grant amounts, or (2) for changes in the expenses of the recipient, or (3) for changes in the income or resources available to the recipient, or (4) for changes in grants resulting from adoption of a consolidated grant amount. In fixing standards to govern payments or reimbursements for funeral and burial expenses, the Department shall establish a minimum allowable amount of not less than $1,000 for Department payment of funeral services and not less than $500 for Department payment of burial or cremation services. In establishing the minimum allowable amount, the Department shall take into account the services essential to a dignified, low-cost (i) funeral and (ii) burial or cremation, including reasonable amounts that may be necessary for burial space and cemetery charges, and any applicable taxes or other required governmental fees or charges. If no person has agreed to pay the total cost of the (i) funeral and (ii) burial or cremation charges, the Department shall pay the vendor the actual costs of the (i) funeral and (ii) burial or cremation, or the minimum allowable amount for each service as established by the Department, whichever is less, provided that the Department reduces its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. A legally responsible relative is expected to pay (i) funeral and (ii) burial or cremation expenses unless financially unable to do so. Nothing contained in this Section or in any other Section of this Code shall be construed to prohibit the Illinois Department (1) from consolidating existing standards on the basis of any standards which are or were in effect on, or subsequent to July 1, 1969, or (2) from employing any consolidated standards in determining need for public aid and the amount of money payment or grant for individual recipients or recipient families. (Source: P.A. 90-17, eff. 7-1-97; 90-326, eff. 8-8-97; 90-372, eff. 7-1-98; 90-655, eff. 7-30-98; 91-24, eff. 7-1-99.) Section 27. The Crematory Regulation Act is amended by changing Section 10 as follows: (410 ILCS 18/10) Sec. 10. Establishment of crematory and registration of crematory authority. (a) Any person doing business in this State, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity, may erect, maintain, and operate a crematory in this State and provide the necessary appliances and facilities for the cremation of human remains in accordance with this Act. (b) A crematory shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department, the federal Department of Health and Human Services, and the Illinois and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies. (c) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations. (d) An application for registration as a crematory authority shall be in writing on forms furnished by the Comptroller. Applications shall be accompanied by a fee of $50 and shall contain all of the following: (1) The full name and address, both residence and business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the
[April 5, 2001] 146 corporate stock if the applicant is a corporation. (2) The address and location of the crematory. (3) A description of the type of structure and equipment to be used in the operation of the crematory. (4) Any further information that the Comptroller reasonably may require. (e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing any changes required in the information provided under subsection (d) or indicating that no changes have occurred. The annual report shall be filed by a crematory authority on or before March 15 of each calendar year, in the Office of the Comptroller. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. The Comptroller shall, for good cause shown, grant an extension for the filing of the annual report upon the written request of the crematory authority. An extension shall not exceed 60 days. If a crematory authority fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the crematory authority a penalty of $5 for each and every day the crematory authority remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown. (f) All records relating to the registration and annual report of the crematory authority required to be filed under this Section shall be subject to inspection by the Comptroller upon reasonable notice. (Source: P.A. 87-1187.) Section 30. The Cemetery Care Act is amended by changing Sections 2a, 9, 10, 11, 12, 13, 15b, and 24 and adding Section 26 as follows: (760 ILCS 100/2a) (from Ch. 21, par. 64.2a) Sec. 2a. Powers and duties of cemetery authorities; cemetery property maintained by cemetery care funds. (a) With respect to cemetery property maintained by cemetery care funds, a cemetery authority shall be responsible for the performance of: (1)
147 [April 5, 2001] particulars can be conveniently obtained, and the lot, plot, or section where the human remains are interred, entombed, or inurned. The record shall be open to public inspection consistent with State and federal law. The cemetery authority shall make available, consistent with State and federal law, a true copy of the record upon written request and payment of reasonable copy costs. (e) A cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall provide access to the cemetery under the cemetery authority's reasonable rules and regulations. (Source: P.A. 87-747.) (760 ILCS 100/9) (from Ch. 21, par. 64.9) Sec. 9. Application for license. (a) Prior to the acceptance of care funds authorized by Section 3 of this Act or the sale or transfer of the controlling interest of a licensed cemetery authority, a cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall make application to the Comptroller for a license to hold the funds.
[April 5, 2001] 148 jurisdiction in any civil proceedings against such individual;
149 [April 5, 2001] under the provisions of this Act; or (f) The applicant has failed to satisfy any enforceable judgment entered by the circuit court in any civil proceedings against such applicant; or (g) The applicant has conducted or is about to conduct its business in a fraudulent manner; or (h) The applicant or any
[April 5, 2001] 150 (760 ILCS 100/12) (from Ch. 21, par. 64.12) Sec. 12. Annual reports. Every licensee shall prepare a written report as of the end of the preceding calendar year or fiscal year, as the case may be, showing: (a) The amount of the principal of the care funds held in trust by the trustee of the care funds at the beginning of such year and in addition thereto all moneys or property received during such year (1) under and by virtue of the sale of a lot, grave, crypt or niche; (2) under or by virtue of the terms of the contract authorized by the provisions of Section 3 of this Act; (3) under or by virtue of any gift, grant, legacy, payment or other contribution made either prior to or subsequent to the effective date of this Act, and (4) under or by virtue of any contract or conveyance made either prior to or subsequent to the effective date of this Act; (b) The securities in which such care funds are invested and the cash on hand as of the date of the report; (c) The income received from such care funds during the preceding calendar year, or fiscal year, as the case may be; (d) The expenditures made from said income during the preceding calendar year, or fiscal year, as the case may be; and (e) The number of interments made during the preceding calendar year, or fiscal year, as the case may be. Where any of the care funds of a licensee are held by an independent trustee, the report filed by the licensee shall contain a certificate signed by the trustee of the care funds of such licensee certifying to the truthfulness of the statements in the report as to (1) the total amount of principal of the care funds held by the trustee, (2) the securities in which such care funds are invested and the cash on hand as of the date of the report and (3) the income received from such care funds during the preceding calendar year, or fiscal year, as the case may be. Such report shall be filed by such licensee on or before March 15 of each calendar year, in the office of the Comptroller. If the fiscal year of such licensee is other than on a calendar year basis, then such licensee shall file the report required by this Section within 2 1/2 months of the end of its fiscal year. The Comptroller shall for good cause shown grant an extension for the filing of the annual report upon the written request of the licensee. Such extension shall not exceed 60 days. If a licensee fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the licensee a penalty of $5 for each and every day the licensee remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown. Such report shall be made under oath and shall be in the form furnished by the Comptroller. Each report shall be accompanied by a check or money order in the amount of $10, payable to: Comptroller, State of Illinois. If any annual report shows that the amount of the care funds held in trust at the end of the preceding calendar year or fiscal year, as the case may be, has increased in amount over that shown by the next preceding report, then the fidelity bond theretofore filed shall be increased to the amount required by Section 9 of this Act. Such increased fidelity bond shall accompany the report and no report shall be accepted by the Comptroller unless accompanied by such bond, except where the filing of a bond is excused by Section 18 of this Act. (Source: P.A. 88-477; 89-615, eff. 8-9-96.) (760 ILCS 100/13) (from Ch. 21, par. 64.13) Sec. 13. Books, accounts, and records. Every licensee and the trustee of the care funds of every licensee shall be a resident of this State and shall keep in this State and use in its business such books, accounts and records as will enable the Comptroller to determine whether such licensee or trustee is complying with the provisions of this Act and with the rules, regulations and directions made by the Comptroller hereunder. The licensee shall keep the books, accounts, and records at the location identified in the license issued by the
151 [April 5, 2001] Comptroller or as otherwise agreed by the Comptroller in writing. The books, accounts, and records shall be accessible for review upon demand of the Comptroller. (Source: P.A. 78-592.) (760 ILCS 100/15b) Sec. 15b. Sales; liability of purchaser for shortage. In the case of a sale of any privately operated cemetery or any part thereof or of any related personal property by a cemetery authority to a purchaser or pursuant to foreclosure proceedings, except the sale of burial rights, services, or merchandise to a person for his or her personal or family burial or interment, the purchaser is liable for any shortages existing before or after the sale in the care funds required to be maintained in a trust pursuant to this Act and shall honor all instruments issued under Section 4 for that cemetery. Any shortages existing in the care funds constitute a prior lien in favor of the trust for the total value of the shortages, and notice of such lien shall be provided in all sales instruments. In the event of a sale or transfer of all or substantially all of the assets of the cemetery authority, the sale or transfer of the controlling interest of the corporate stock of the cemetery authority if the cemetery authority is a corporation, or the sale or transfer of the controlling of the partnership if the cemetery authority is a partnership, the cemetery authority shall, at least 21 days prior to the sale or transfer, notify the Comptroller, in writing, of the pending date of sale or transfer so as to permit the Comptroller to audit the books and records of the cemetery authority. The audit must be commenced within 10
[April 5, 2001] 152 Comptroller may, after notice and hearing at which it is determined that a violation of this Act or such order has been committed, further order that such person shall forfeit and pay to the State of Illinois a sum not to exceed $5,000 for each violation. Such liability shall be enforced in an action brought in any court of competent jurisdiction by the Comptroller in the name of the People of the State of Illinois. In addition to the other penalties and remedies provided in this Act, the Comptroller may bring a civil action in the county of residence of the licensee or any person accepting care funds to enjoin any violation or threatened violation of this Act. The powers vested in the Comptroller by this Section are additional to any and all other powers and remedies vested in the Comptroller by law. (Source: P. A. 86-1359.) (760 ILCS 100/26 new) Sec. 26. Abandoned or neglected cemeteries; clean-up. The Comptroller may administer a program for the purpose of cleaning up abandoned or neglected cemeteries located in Illinois. Administration of this program may include the Comptroller's issuance of grants for that purpose to units of local government, school districts, and not-for-profit associations. Section 40. The Cemetery Protection Act is amended by changing Section 1 as follows: (765 ILCS 835/1) (from Ch. 21, par. 15) Sec. 1. (a) Any person who acts without proper legal authority and who willfully and knowingly destroys or damages the remains of a deceased human being or who desecrates human remains is guilty of a Class 3 felony. (a-5) Any person who acts without proper legal authority and who willfully and knowingly removes any portion of the remains of a deceased human being from a burial ground where skeletal remains are buried or from a grave, crypt, vault, mausoleum, or other repository of human remains is guilty of a Class 4 felony. (b) Any person who acts without proper legal authority and who willfully and knowingly: (1) obliterates, vandalizes, or desecrates a burial ground where skeletal remains are buried or a grave, crypt, vault, mausoleum, or other repository of human remains; (2) obliterates, vandalizes, or desecrates a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons; (3) obliterates, vandalizes, or desecrates plants, trees, shrubs, or flowers located upon or around a repository for human remains or within a human graveyard or cemetery; or (4) obliterates, vandalizes, or desecrates a fence, rail, curb, or other structure of a similar nature intended for the protection or for the ornamentation of any tomb, monument, gravestone, or other structure of like character; is guilty of a Class A misdemeanor if the amount of the damage is less than $500, a Class 4 felony if the amount of the damage is at least $500 and less than $10,000, a Class 3 felony if the amount of the damage is at least $10,000 and less than $100,000, or a Class 2 felony if the damage is $100,000 or more and shall provide restitution to the cemetery authority or property owner for the amount of any damage caused. (b-5) Any person who acts without proper legal authority and who willfully and knowingly defaces, vandalizes, injures, or removes a gravestone or other memorial, monument, or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield is guilty of a Class 4 felony for damaging at least one but no more than 4 gravestones, a Class 3 felony for damaging at least 5 but no more than 10 gravestones, or a Class 2 felony for damaging more than 10 gravestones and shall provide restitution to the cemetery authority or property owner for the amount of any damage caused. (b-7) Any person who acts without proper legal authority and who
153 [April 5, 2001] willfully and knowingly removes with the intent to resell a gravestone or other memorial, monument, or marker commemorating a deceased person or group of persons, whether located within or outside a recognized cemetery, memorial park, or battlefield, is guilty of a Class 2 felony. (c) The provisions of this Section shall not apply to the removal or unavoidable breakage or injury by a cemetery authority of anything placed in or upon any portion of its cemetery in violation of any of the rules and regulations of the cemetery authority, nor to the removal of anything placed in the cemetery by or with the consent of the cemetery authority that in the judgment of the cemetery authority has become wrecked, unsightly, or dilapidated. (d) If an unemancipated minor is found guilty of violating any of the provisions of subsection (b) of this Section and is unable to provide restitution to the cemetery authority or property owner, the parents or legal guardians of that minor shall provide restitution to the cemetery authority or property owner for the amount of any damage caused, up to the total amount allowed under the Parental Responsibility Law. (e) Any person who shall hunt, shoot or discharge any gun, pistol or other missile, within the limits of any cemetery, or shall cause any shot or missile to be discharged into or over any portion thereof, or shall violate any of the rules made and established by the board of directors of such cemetery, for the protection or government thereof, is guilty of a Class C misdemeanor. (f) Any person who knowingly enters or knowingly remains upon the premises of a public or private cemetery without authorization during hours that the cemetery is posted as closed to the public is guilty of a Class A misdemeanor. (g) All fines when recovered, shall be paid over by the court or officer receiving the same to the cemetery association and be applied, as far as possible in repairing the injury, if any, caused by such offense. Provided, nothing contained in this Act shall deprive such cemetery association, or the owner of any lot or monument from maintaining an action for the recovery of damages caused by any injury caused by a violation of the provisions of this Act, or of the rules established by the board of directors of such cemetery association. Nothing in this Section shall be construed to prohibit the discharge of firearms loaded with blank ammunition as part of any funeral, any memorial observance or any other patriotic or military ceremony. (Source: P.A. 89-36, eff. 1-1-96.) Section 45. The Illinois Pre-Need Cemetery Sales Act is amended by changing Sections 1, 4, 5, 6, 7, 8, 8a, 9, 12, 14, 16, 19, 20, 22, and 23 and adding Section 27.1 as follows: (815 ILCS 390/1) (from Ch. 21, par. 201) Sec. 1. Purpose. It is the purpose of this Act to assure adequate protection for those who contract through pre-need contracts for the purchase of certain cemetery merchandise and cemetery services and undeveloped interment, entombment or inurnment space, when the seller may delay delivery or performance more than 120 days following initial payment on the account. (Source: P.A. 85-805.) (815 ILCS 390/4) (from Ch. 21, par. 204) Sec. 4. Definitions. As used in this Act, the following terms shall have the meaning specified: (A)
[April 5, 2001] 154 initial payment on the account. (B)
155 [April 5, 2001] entire building, a complete room, a series of special indoor alcoves, a bank along a corridor or part of an outdoor garden setting that is constructed of permanent material such as bronze, marble, brick, stone or concrete for the inurnment of human remains. (H) "Lawn crypt" means a permanent underground crypt usually constructed of reinforced concrete or similar material installed in multiple units for the entombment
[April 5, 2001] 156 such service shall be sufficient service upon such foreign warehouse facility if notice of such service and a copy of the process are, within 10 days thereafter, sent by registered mail by the plaintiff to the foreign warehouse facility at its principal office and the plaintiff's affidavit of compliance herewith is appended to the summons. The Comptroller shall keep a record of all process served upon him under this Section and shall record therein the time of such service. (Source: P.A. 91-7, eff. 1-1-2000; 91-357, eff. 7-29-99; revised 8-30-99.) (815 ILCS 390/5) (from Ch. 21, par. 205) Sec. 5. It is unlawful for any seller
157 [April 5, 2001] (b) Applications for license shall be accompanied by a fidelity bond executed by the applicant and a security company authorized to do business in this State in such amount, not exceeding $10,000, as the Comptroller may require. The Comptroller may require additional bond from time to time in amounts equal to one-tenth of such trust funds but not to exceed $100,000, which bond shall run to the Comptroller for the use and benefit of the beneficiaries of such trust funds. Such licensee may by written permit of the Comptroller be authorized to operate without additional bond, except such fidelity bond as may be required by the Comptroller for the protection of the licensee against loss by default by any of its employees engaged in the handling of trust funds. (c) Any application not acted upon within 90 days may be deemed denied. (Source: P.A. 88-477.) (815 ILCS 390/7) (from Ch. 21, par. 207) Sec. 7. The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (a) The applicant or licensee has made any misrepresentations or false statements or concealed any material fact; (b) The applicant or licensee is insolvent; (c) The applicant or licensee has been engaged in business practices that work a fraud; (d) The applicant or licensee has refused to give pertinent data to the Comptroller; (e) The applicant or licensee has failed to satisfy any enforceable judgment or decree rendered by any court of competent jurisdiction against the applicant; (f) The applicant or licensee has conducted or is about to conduct business in a fraudulent manner; (g) The
[April 5, 2001] 158 additional licenses as may be necessary for license branch locations
159 [April 5, 2001]
[April 5, 2001] 160 inurnment spaces under the contract; and (iii) specific identification of
161 [April 5, 2001]
[April 5, 2001] 162 disqualify the trustee upon the same grounds as for refusing to grant or revoking a license hereunder. Upon notice to the Comptroller, the seller may change the trustee of the trust fund. (c) The trustee may rely upon certifications and affidavits made to it under the provisions of this Act, and shall not be liable to any person for such reliance. (d) A trustee shall be allowed to withdraw from the trust funds maintained pursuant to this Act, payable solely from the income earned on such trust funds, a reasonable fee for all usual and customary services for the operation of the trust fund, including, but not limited to trustee fees, investment advisor fees, allocation fees, annual audit fees and other similar fees. The maximum amount allowed to be withdrawn for these fees each year shall be the lesser of 3% of the balance of the trust calculated on an annual basis or the amount of annual income generated therefrom. (e) The trust shall be a single-purpose trust fund. In the event of the seller's bankruptcy, insolvency or assignment for the benefit of creditors, or an adverse judgment, the trust funds shall not be available to any creditor as assets of the seller or to pay any expenses of any bankruptcy or similar proceeding, but shall be distributed to the purchasers or managed for their benefit by the trustee holding the funds. Except in an action by the Comptroller to revoke a license issued pursuant to this Act and for creation of a receivership as provided in this Act, the trust shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or other alienation, and shall not be assignable except as approved by the Comptroller. The changes made by this amendatory Act of the 91st General Assembly are intended to clarify existing law regarding the inability of licensees to pledge the trust. (f) Because it is not known at the time of deposit or at the time that income is earned on the trust account to whom the principal and the accumulated earnings will be distributed, for purposes of determining the Illinois Income Tax due on these trust funds, the principal and any accrued earnings or losses relating to each individual account shall be held in suspense until the final determination is made as to whom the account shall be paid. (Source: P.A. 91-7, eff. 6-1-99.) (815 ILCS 390/19) (from Ch. 21, par. 219) Sec. 19. Construction or development of spaces. (a) The construction or development of undeveloped interment, entombment or inurnment spaces shall be commenced on that phase, section or sections of undeveloped ground or section of lawn crypts, mausoleums, garden crypts, columbariums or cemetery spaces in which sales are made within 3 years of the date of the first such sale. The seller shall give written notice to the Comptroller no later than 30 days after the first sale. Such notice shall include a description of the project. Once commenced, construction or development shall be pursued diligently to completion. The construction must be completed within 6 years of the first sale. If construction or development is not commenced or completed within the times specified herein, any purchaser may surrender and cancel the contract and upon cancellation shall be entitled to a refund of the actual amounts paid toward the purchase price plus interest attributable to such amount earned while in trust; provided however that any delay caused by strike, shortage of materials, civil disorder, natural disaster or any like occurrence beyond the control of the seller shall extend the time of such commencement and completion by the length of such delay. (b) At any time within 12 months of a purchaser's entering into a pre-need contract for undeveloped interment, entombment or inurnment spaces, a purchaser may surrender and cancel his or her contract and upon cancellation shall be entitled to a refund of the actual amounts paid toward the purchase price plus interest attributable to such amount earned while in trust. Notwithstanding the foregoing, the cancellation and refund rights specified in this paragraph shall terminate as of the date the seller commences construction or
163 [April 5, 2001] development of the phase, section or sections of undeveloped spaces in which sales are made. After the rights of cancellation and refund specified herein have terminated, if a purchaser defaults in making payments under the pre-need contract, the seller shall have the right to cancel the contract and withdraw from the trust fund the entire balance to the credit of the defaulting purchaser's account as liquidated damages. In such event, the trustee shall deliver said balance to the seller upon its certification, and upon receiving said certification the trustee may rely thereon and shall not be liable to anyone for such reliance. (c) During the construction or development of interment, entombment or inurnment spaces, upon the sworn certification by the seller and the contractor to the trustee
[April 5, 2001] 164 Sec. 20. Records. (a) Each licensee must keep accurate accounts, books and records in this State at the principal place of business identified in the licensee's license application or as otherwise approved by the Comptroller in writing of all transactions, copies of agreements, dates and amounts of payments made or received, the names and addresses of the contracting parties, the names and addresses of persons for whose benefit funds are received, if known, and the names of the trust depositories. Additionally, for a period not to exceed 6 months after the performance of all terms in a pre-need sales contract, the licensee shall maintain copies of each pre-need contract at the licensee branch location where the contract was entered or at some other location agreed to by the Comptroller in writing. (b) Each licensee must maintain such records for a period of 3 years after the licensee shall have fulfilled his or her obligation under the pre-need contract or 3 years after any stored merchandise shall have been provided to the purchaser or beneficiary, whichever is later. (c) Each licensee shall submit reports to the Comptroller annually, under oath, on forms furnished by the Comptroller. The annual report shall contain, but shall not be limited to, the following: (1) An accounting of the principal deposit and additions of principal during the fiscal year. (2) An accounting of any withdrawal of principal or earnings. (3) An accounting at the end of each fiscal year, of the total amount of principal and earnings held. (d) The annual report shall be filed by the licensee with the Comptroller within 75 days after the end of the licensee's fiscal year. An extension of up to 60 days may be granted by the Comptroller, upon a showing of need by the licensee. Any other reports shall be in the form furnished or specified by the Comptroller. If a licensee fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the licensee a penalty of $5 for each and every day the licensee remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown. Each report shall be accompanied by a check or money order in the amount of $10 payable to: Comptroller, State of Illinois. (e) On and after the effective date of this amendatory Act of the 91st General Assembly, a licensee may report all required information concerning the sale of outer burial containers on the licensee's annual report required to be filed under this Act and shall not be required to report that information under the Illinois Funeral or Burial Funds Act, as long as the information is reported under this Act. (Source: P.A. 91-7, eff. 1-1-2000.) (815 ILCS 390/22) (from Ch. 21, par. 222) Sec. 22. Cemetery Consumer Protection Fund. (a) Every seller engaging in pre-need sales shall pay to the Comptroller $5 for each said contract entered into, to be paid into a special income earning fund hereby created in the State Treasury, known as the Cemetery Consumer Protection Fund. The above said fees shall be remitted to the Comptroller semi-annually within 30 days after the end of June and December for all contracts that have been entered in such 6 month period. (b) All monies paid into the fund together with all accumulated undistributed income thereon shall be held as a special fund in the State Treasury. The fund shall be used solely for the purpose of providing restitution to consumers who have suffered pecuniary loss arising out of pre-need sales. (c) The fund shall be applied only to restitution or completion of the project or delivery of the merchandise or services, where such has been ordered by the Circuit Court in a lawsuit brought under this Act by the Attorney General of the State of Illinois on behalf of the Comptroller and in which it has been determined by the Court that the obligation is non-collectible from the judgment debtor. Restitution
165 [April 5, 2001] shall not exceed the amount of the sales price paid plus interest at the statutory rate. The fund shall not be used for the payment of any attorney or other fees. (d) Whenever restitution is paid by the fund, the fund shall be subrogated to the amount of such restitution, and the Comptroller shall request the Attorney General to engage in all reasonable post judgment collection steps to collect said restitution from the judgment debtor and reimburse the fund. (e) The fund shall not be applied toward any restitution for losses in any lawsuit initiated by the Attorney General or Comptroller or with respect to any claim made on pre-need sales which occurred prior to the effective date of this Act. (f) The fund may not be allocated for any purpose other than that specified in this Act. (g) Notwithstanding any other provision of this Section, the payment of restitution from the fund shall be a matter of grace and not of right and no purchaser shall have any vested rights in the fund as a beneficiary or otherwise. Prior to seeking restitution from the fund, a purchaser or beneficiary seeking payment of restitution shall apply for restitution on a form provided by the Comptroller. The form shall include any information the Comptroller may reasonably require in order for the Court to determine that restitution or completion of the project or delivery of merchandise or service is appropriate. (h) Annually, the status of the fund shall be reviewed by the Comptroller, and if he determines that the fund together with all accumulated income earned thereon, equals or exceeds $10,000,000 and that the total number of outstanding claims filed against the fund is less than 10% of the fund's current balance, then payments to the fund shall be suspended until such time as the fund's balance drops below $10,000,000 or the total number of outstanding claims filed against the fund is more than 10% of the fund's current balance, but on such suspension, the fund shall not be considered inactive. (Source: P.A. 84-239.) (815 ILCS 390/23) (from Ch. 21, par. 223) Sec. 23. (a) Any person who fails to deposit the required amount into a trust provided for in this Act, improperly withdraws or uses trust funds for his or her own benefit, or otherwise violates
[April 5, 2001] 166 transactions and may apply to the circuit court of the county where such licensee is located to prevent any disbursements or expenditures by such licensee until the trust funds are in such condition that it would not be jeopardized thereby and the Comptroller shall communicate the facts to the Attorney General of the State of Illinois who shall thereupon institute such proceedings against the licensee or its trustee or the officers of either or both as the nature of the case may require. (e) In addition to the other penalties and remedies provided in this Act, the Comptroller may bring a civil action in the county of residence of the licensee or any person engaging in pre-need sales, to enjoin any violation or threatened violation of this Act. (f) The powers vested in the Comptroller by this Section are additional to any and all other powers and remedies vested in the Comptroller by law, and nothing herein contained shall be construed as requiring that the Comptroller shall employ the powers conferred herein instead of or as a condition precedent to the exercise of any other power or remedy vested in the Comptroller. (Source: P.A. 88-477.) (815 ILCS 390/27.1 new) Sec. 27.1. Sales; liability of purchaser for shortage. In the event of a sale or transfer of all or substantially all of the assets of the licensee, the sale or transfer of the controlling interest of the corporate stock of the licensee if the licensee is a corporation, the sale or transfer of the controlling interest of the partnership if the licensee is a partnership, or sale pursuant to foreclosure proceedings, the purchaser is liable for any shortages existing before or after the sale in the trust funds required to be maintained in a trust under this Act and shall honor all pre-need contracts and trusts entered into by the licensee. Any shortages existing in the trust funds constitute a prior lien in favor of the trust for the total value of the shortages, and notice of that lien must be provided in all sales instruments. In the event of a sale or transfer of all or substantially all of the assets of the licensee, the sale or transfer of the controlling interest of the corporate stock of the licensee if the licensee is a corporation, or the sale or transfer of the controlling interest of the partnership if the licensee is a partnership, the licensee shall, at least 21 days prior to the sale or transfer, notify the Comptroller, in writing, of the pending date of sale or transfer so as to permit the Comptroller to audit the books and records of the licensee. The audit must be commenced within 10 business days after the receipt of the notification and completed within the 21-day notification period unless the Comptroller notifies the licensee during that period that there is a basis for determining a deficiency which will require additional time to finalize. The sale or transfer may not be completed by the licensee unless and until: (i) the Comptroller has completed the audit of the licensee's books and records; (ii) any delinquency existing in the trust funds has been paid by the licensee, or arrangements satisfactory to the Comptroller have been made by the licensee on the sale or transfer for the payment of any delinquency; (iii) the Comptroller issues a license upon application of the new owner, which license must be applied for within 30 days after the anticipated date of the sale or transfer, subject to the payment of any delinquencies, if any, as stated in item (ii). For purposes of this Section, a person, firm, corporation, partnership, or institution that acquires the licensee through a real estate foreclosure is subject to the provisions of this Section. Section 50. 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 99. Effective date. This Act takes effect January 1,
167 [April 5, 2001] 2002.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Morrow, HOUSE BILL 2283 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 57) This bill, 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. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, SENATE JOINT RESOLUTION 21 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. HOUSE BILLS ON SECOND READING HOUSE BILL 1728. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Osterman offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1728 AMENDMENT NO. 1. Amend House Bill 1728, by replacing everything after the enacting clause with the following: "Section 5. The State Prompt Payment Act is amended by changing Sections 1, 3-2, 3-3, 4, and 5 and by adding Section 3-4 as follows: (30 ILCS 540/1) (from Ch. 127, par. 132.401) Sec. 1. This Act applies to any State official or agency authorized to provide for payment from State funds, by virtue of any appropriation of the General Assembly, for goods or services furnished to the State.
[April 5, 2001] 168 department. With respect to covered health care provided to eligible members and their dependents in accordance with the State Employees Group Insurance Act of 1971, "appropriate State official or agency" also includes an administrator of a program of health benefits under that Act. As used in this Act, "eligible member" means a member who is eligible for health benefits under the State Employees Group Insurance Act of 1971, and "member" and "dependent" have the meanings ascribed to those terms in that Act. As used in this Act, "a proper bill or invoice" means a bill or invoice that includes the information necessary for processing the payment as may be specified by a State agency and in rules adopted in accordance with this Act. (Source: P.A. 91-266, eff. 7-23-99.) (30 ILCS 540/3-2) (from Ch. 127, par. 132.403-2) Sec. 3-2. Beginning July 1, 1993, in any instance where a State official or agency is late in payment of a vendor's bill or invoice for goods or services furnished to the State, as defined in Section 1, properly approved in accordance with rules promulgated under Section 3-3, the State official or agency shall pay interest to the vendor in accordance with the following: (1) Any bill approved for payment under this Section must be paid or the payment issued
169 [April 5, 2001] applicable to payment plans as may be agreed upon between State agencies and vendors. These rules and policies shall be binding on all officials and agencies under this Act's jurisdiction. These rules and policies may be made effective no earlier than July 1, 1993. (Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95.) (30 ILCS 540/3-4 new) Sec. 3-4. The State Comptroller must specify the manner in which State agencies shall record interest penalty payments made under this Act. The State Comptroller may require vouchers submitted for payment, including submission by electronic or other means approved by the Comptroller, to indicate the appropriate date from which interest penalties may be calculated as required under this Act. (30 ILCS 540/4) (from Ch. 127, par. 132.404) Sec. 4. Nothing in this Act
[April 5, 2001] 170 On motion of Representative Morrow, HOUSE BILL 3521 was taken up and read by title a third time. A three-fifths vote is required. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 59) This bill, having received the votes of three-fifths of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. On motion of Representative Hassert, HOUSE BILL 2138 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 60) This bill, 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. On motion of Representative Schoenberg, HOUSE BILL 3525 was taken up and read by title a third time. Pending discussion, Representative Black moved the previous question. And the question being, "Shall the main question be now put?" it was decided in the affirmative. The question then being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 61) This bill, 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. On motion of Representative Delgado, HOUSE BILL 2531 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 59, Yeas; 42, Nays; 13, Answering Present. (ROLL CALL 62) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. HOUSE BILLS ON SECOND READING Having been read by title a second time on April 4, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 2400. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Bellock, HOUSE BILL 2400 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 63) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed.
171 [April 5, 2001] Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON THIRD READING CONSIDERATION POSTPONED The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). HOUSE BILL 473. Having been read by title a third time on March 20, 2001, and further consideration postponed, the same was again taken up. Representative Mendoza moved the passage of HOUSE BILL 473. And the question being, "Shall this bill pass?" it was decided in the failed by the following vote: 36, Yeas; 66, Nays; 14, Answering Present. (ROLL CALL 64) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. HOUSE BILLS ON SECOND READING HOUSE BILL 618. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 618 AMENDMENT NO. 1. Amend House Bill 618 by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Illinois Conceived and Foaled Standardbred Purse Fund. Section 10. The Illinois Horse Racing Act of 1975 is amended by changing Section 26 as follows: (230 ILCS 5/26) (from Ch. 8, par. 37-26) Sec. 26. Wagering. (a) Any licensee may conduct and supervise the pari-mutuel system of wagering, as defined in Section 3.12 of this Act, on horse races conducted by an Illinois organization licensee or conducted at a racetrack located in another state or country and televised in Illinois in accordance with subsection (g) of Section 26 of this Act. Subject to the prior consent of the Board, licensees may supplement any pari-mutuel pool in order to guarantee a minimum distribution. Such pari-mutuel method of wagering shall not, under any circumstances if conducted under the provisions of this Act, be held or construed to be unlawful, other statutes of this State to the contrary notwithstanding. Subject to rules for advance wagering promulgated by the Board, any licensee may accept wagers in advance of the day of the race wagered upon occurs. (b) No other method of betting, pool making, wagering or gambling shall be used or permitted by the licensee. Each licensee may retain, subject to the payment of all applicable taxes and purses, an amount not to exceed 17% of all money wagered under subsection (a) of this Section, except as may otherwise be permitted under this Act. (b-5) An individual may place a wager under the pari-mutuel system from any licensed location authorized under this Act provided that wager is electronically recorded in the manner described in Section
[April 5, 2001] 172 3.12 of this Act. Any wager made electronically by an individual while physically on the premises of a licensee shall be deemed to have been made at the premises of that licensee. (c) Until January 1, 2000, the sum held by any licensee for payment of outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such tickets until that date. Within 10 days thereafter, the balance of such sum remaining unclaimed, less any uncashed supplements contributed by such licensee for the purpose of guaranteeing minimum distributions of any pari-mutuel pool, shall be paid to the Illinois Veterans' Rehabilitation Fund of the State treasury, except as provided in subsection (g) of Section 27 of this Act. (c-5) Beginning January 1, 2000, the sum held by any licensee for payment of outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such tickets until that date. Within 10 days thereafter, the balance of such sum remaining unclaimed, less any uncashed supplements contributed by such licensee for the purpose of guaranteeing minimum distributions of any pari-mutuel pool, shall be evenly distributed to the purse account of the organization licensee and the organization licensee. (d) A pari-mutuel ticket shall be honored until December 31 of the next calendar year, and the licensee shall pay the same and may charge the amount thereof against unpaid money similarly accumulated on account of pari-mutuel tickets not presented for payment. (e) No licensee shall knowingly permit any minor, other than an employee of such licensee or an owner, trainer, jockey, driver, or employee thereof, to be admitted during a racing program unless accompanied by a parent or guardian, or any minor to be a patron of the pari-mutuel system of wagering conducted or supervised by it. The admission of any unaccompanied minor, other than an employee of the licensee or an owner, trainer, jockey, driver, or employee thereof at a race track is a Class C misdemeanor. (f) Notwithstanding the other provisions of this Act, an organization licensee may contract with an entity in another state or country to permit any legal wagering entity in another state or country to accept wagers solely within such other state or country on races conducted by the organization licensee in this State. Beginning January 1, 2000, these wagers shall not be subject to State taxation. Until January 1, 2000, when the out-of-State entity conducts a pari-mutuel pool separate from the organization licensee, a privilege tax equal to 7 1/2% of all monies received by the organization licensee from entities in other states or countries pursuant to such contracts is imposed on the organization licensee, and such privilege tax shall be remitted to the Department of Revenue within 48 hours of receipt of the moneys from the simulcast. When the out-of-State entity conducts a combined pari-mutuel pool with the organization licensee, the tax shall be 10% of all monies received by the organization licensee with 25% of the receipts from this 10% tax to be distributed to the county in which the race was conducted. An organization licensee may permit one or more of its races to be utilized for pari-mutuel wagering at one or more locations in other states and may transmit audio and visual signals of races the organization licensee conducts to one or more locations outside the State or country and may also permit pari-mutuel pools in other states or countries to be combined with its gross or net wagering pools or with wagering pools established by other states. (g) A host track may accept interstate simulcast wagers on horse races conducted in other states or countries and shall control the number of signals and types of breeds of racing in its simulcast program, subject to the disapproval of the Board. The Board may prohibit a simulcast program only if it finds that the simulcast program is clearly adverse to the integrity of racing. The host track simulcast program shall include the signal of live racing of all organization licensees. All non-host licensees shall carry the host
173 [April 5, 2001] track simulcast program and accept wagers on all races included as part of the simulcast program upon which wagering is permitted. The costs and expenses of the host track and non-host licensees associated with interstate simulcast wagering, other than the interstate commission fee, shall be borne by the host track and all non-host licensees incurring these costs. The interstate commission fee shall not exceed 5% of Illinois handle on the interstate simulcast race or races without prior approval of the Board. The Board shall promulgate rules under which it may permit interstate commission fees in excess of 5%. The interstate commission fee and other fees charged by the sending racetrack, including, but not limited to, satellite decoder fees, shall be uniformly applied to the host track and all non-host licensees. (1) Between the hours of 6:30 a.m. and 6:30 p.m. an intertrack wagering licensee other than the host track may supplement the host track simulcast program with additional simulcast races or race programs, provided that between January 1 and the third Friday in February of any year, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, only thoroughbred races may be used for supplemental interstate simulcast purposes. The Board shall withhold approval for a supplemental interstate simulcast only if it finds that the simulcast is clearly adverse to the integrity of racing. A supplemental interstate simulcast may be transmitted from an intertrack wagering licensee to its affiliated non-host licensees. The interstate commission fee for a supplemental interstate simulcast shall be paid by the non-host licensee and its affiliated non-host licensees receiving the simulcast. (2) Between the hours of 6:30 p.m. and 6:30 a.m. an intertrack wagering licensee other than the host track may receive supplemental interstate simulcasts only with the consent of the host track, except when the Board finds that the simulcast is clearly adverse to the integrity of racing. Consent granted under this paragraph (2) to any intertrack wagering licensee shall be deemed consent to all non-host licensees. The interstate commission fee for the supplemental interstate simulcast shall be paid by all participating non-host licensees. (3) Each licensee conducting interstate simulcast wagering may retain, subject to the payment of all applicable taxes and the purses, an amount not to exceed 17% of all money wagered. If any licensee conducts the pari-mutuel system wagering on races conducted at racetracks in another state or country, each such race or race program shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege tax of that daily handle as provided in subsection (a) of Section 27. Until January 1, 2000, from the sums permitted to be retained pursuant to this subsection, each intertrack wagering location licensee shall pay 1% of the pari-mutuel handle wagered on simulcast wagering to the Horse Racing Tax Allocation Fund, subject to the provisions of subparagraph (B) of paragraph (11) of subsection (h) of Section 26 of this Act. (4) A licensee who receives an interstate simulcast may combine its gross or net pools with pools at the sending racetracks pursuant to rules established by the Board. All licensees combining their gross pools at a sending racetrack shall adopt the take-out percentages of the sending racetrack. A licensee may also establish a separate pool and takeout structure for wagering purposes on races conducted at race tracks outside of the State of Illinois. The licensee may permit pari-mutuel wagers placed in other states or countries to be combined with its gross or net wagering pools or other wagering pools. (5) After the payment of the interstate commission fee (except for the interstate commission fee on a supplemental interstate simulcast, which shall be paid by the host track and by each non-host licensee through the host-track) and all applicable State and local taxes, except as provided in subsection (g) of Section 27 of this Act, the remainder of moneys retained from
[April 5, 2001] 174 simulcast wagering pursuant to this subsection (g), and Section 26.2 shall be divided as follows: (A) For interstate simulcast wagers made at a host track, 50% to the host track and 50% to purses at the host track. (B) For wagers placed on interstate simulcast races, supplemental simulcasts as defined in subparagraphs (1) and (2), and separately pooled races conducted outside of the State of Illinois made at a non-host licensee, 25% to the host track, 25% to the non-host licensee, and 50% to the purses at the host track. (6) Notwithstanding any provision in this Act to the contrary, non-host licensees who derive their licenses from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River may receive supplemental interstate simulcast races at all times subject to Board approval, which shall be withheld only upon a finding that a supplemental interstate simulcast is clearly adverse to the integrity of racing. (7) Notwithstanding any provision of this Act to the contrary, after payment of all applicable State and local taxes and interstate commission fees, non-host licensees who derive their licenses from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall retain 50% of the retention from interstate simulcast wagers and shall pay 50% to purses at the track from which the non-host licensee derives its license as follows: (A) Between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, when the interstate simulcast is a standardbred race, the purse share to its standardbred purse account; (B) Between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, and the interstate simulcast is a thoroughbred race, the purse share to its interstate simulcast purse pool to be distributed under paragraph (10) of this subsection (g); (C) Between January 1 and the third Friday in February, inclusive, if live thoroughbred racing is occurring in Illinois, between 6:30 a.m. and 6:30 p.m. the purse share from wagers made during this time period to its thoroughbred purse account and between 6:30 p.m. and 6:30 a.m. the purse share from wagers made during this time period to its standardbred purse accounts; (D) Between the third Saturday in February and December 31, when the interstate simulcast occurs between the hours of 6:30 a.m. and 6:30 p.m., the purse share to its thoroughbred purse account; (E) Between the third Saturday in February and December 31, when the interstate simulcast occurs between the hours of 6:30 p.m. and 6:30 a.m., the purse share to its standardbred purse account. (8) Notwithstanding any provision in this Act to the contrary, an organization licensee from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River and its affiliated non-host licensees shall not be entitled to share in any retention generated on racing, inter-track wagering, or simulcast wagering at any other Illinois wagering facility. (7.1) Notwithstanding any provision of this Act to the contrary, when no live standardbred racing is occurring at a racetrack located in a county with a population in excess of 230,000 inhabitants that borders the Mississippi River, all moneys paid to the standardbred purse account at that racetrack shall be transferred into the Illinois Conceived and Foaled Standardbred Purse Fund, which is hereby created as a special fund in the State
175 [April 5, 2001] Treasury. Moneys in the Illinois Conceived and Foaled Standardbred Purse Fund shall be used by the Department of Agriculture for Illinois conceived and foaled standardbred race purses at the Illinois State Fair and the DuQuoin State Fair. (8.1) Notwithstanding any provisions in this Act to the contrary, if 2 organization licensees are conducting standardbred race meetings concurrently between the hours of 6:30 p.m. and 6:30 a.m., after payment of all applicable State and local taxes and interstate commission fees, the remainder of the amount retained from simulcast wagering otherwise attributable to the host track and to host track purses shall be split daily between the 2 organization licensees and the purses at the tracks of the 2 organization licensees, respectively, based on each organization licensee's share of the total live handle for that day, provided that this provision shall not apply to any non-host licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River. (9) (Blank). (10) (Blank). (11) (Blank). (12) The Board shall have authority to compel all host tracks to receive the simulcast of any or all races conducted at the Springfield or DuQuoin State fairgrounds and include all such races as part of their simulcast programs. (13) Notwithstanding any other provision of this Act, in the event that the total Illinois pari-mutuel handle on Illinois horse races at all wagering facilities in any calendar year is less than 75% of the total Illinois pari-mutuel handle on Illinois horse races at all such wagering facilities for calendar year 1994, then each wagering facility that has an annual total Illinois pari-mutuel handle on Illinois horse races that is less than 75% of the total Illinois pari-mutuel handle on Illinois horse races at such wagering facility for calendar year 1994, shall be permitted to receive, from any amount otherwise payable to the purse account at the race track with which the wagering facility is affiliated in the succeeding calendar year, an amount equal to 2% of the differential in total Illinois pari-mutuel handle on Illinois horse races at the wagering facility between that calendar year in question and 1994 provided, however, that a wagering facility shall not be entitled to any such payment until the Board certifies in writing to the wagering facility the amount to which the wagering facility is entitled and a schedule for payment of the amount to the wagering facility, based on: (i) the racing dates awarded to the race track affiliated with the wagering facility during the succeeding year; (ii) the sums available or anticipated to be available in the purse account of the race track affiliated with the wagering facility for purses during the succeeding year; and (iii) the need to ensure reasonable purse levels during the payment period. The Board's certification shall be provided no later than January 31 of the succeeding year. In the event a wagering facility entitled to a payment under this paragraph (13) is affiliated with a race track that maintains purse accounts for both standardbred and thoroughbred racing, the amount to be paid to the wagering facility shall be divided between each purse account pro rata, based on the amount of Illinois handle on Illinois standardbred and thoroughbred racing respectively at the wagering facility during the previous calendar year. Annually, the General Assembly shall appropriate sufficient funds from the General Revenue Fund to the Department of Agriculture for payment into the thoroughbred and standardbred horse racing purse accounts at Illinois pari-mutuel tracks. The amount paid to each purse account shall be the amount certified by the Illinois Racing Board in January to be transferred from each account to each eligible racing facility in accordance with the provisions of this Section. (h) The Board may approve and license the conduct of inter-track
[April 5, 2001] 176 wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees subject to the following terms and conditions: (1) Any person licensed to conduct a race meeting at a track where 60 or more days of racing were conducted during the immediately preceding calendar year or where over the 5 immediately preceding calendar years an average of 30 or more days of racing were conducted annually or at a track located in a county that is bounded by the Mississippi River, which has a population of less than 150,000 according to the 1990 decennial census, and an average of at least 60 days of racing per year between 1985 and 1993 may be issued an inter-track wagering license. Any such person having operating control of the racing facility may also receive up to 6 inter-track wagering location licenses. In no event shall more than 6 inter-track wagering locations be established for each eligible race track, except that an eligible race track located in a county that has a population of more than 230,000 and that is bounded by the Mississippi River may establish up to 7 inter-track wagering locations. An application for said license shall be filed with the Board prior to such dates as may be fixed by the Board. With an application for an inter-track wagering location license there shall be delivered to the Board a certified check or bank draft payable to the order of the Board for an amount equal to $500. The application shall be on forms prescribed and furnished by the Board. The application shall comply with all other rules, regulations and conditions imposed by the Board in connection therewith. (2) The Board shall examine the applications with respect to their conformity with this Act and the rules and regulations imposed by the Board. If found to be in compliance with the Act and rules and regulations of the Board, the Board may then issue a license to conduct inter-track wagering and simulcast wagering to such applicant. All such applications shall be acted upon by the Board at a meeting to be held on such date as may be fixed by the Board. (3) In granting licenses to conduct inter-track wagering and simulcast wagering, the Board shall give due consideration to the best interests of the public, of horse racing, and of maximizing revenue to the State. (4) Prior to the issuance of a license to conduct inter-track wagering and simulcast wagering, the applicant shall file with the Board a bond payable to the State of Illinois in the sum of $50,000, executed by the applicant and a surety company or companies authorized to do business in this State, and conditioned upon (i) the payment by the licensee of all taxes due under Section 27 or 27.1 and any other monies due and payable under this Act, and (ii) distribution by the licensee, upon presentation of the winning ticket or tickets, of all sums payable to the patrons of pari-mutuel pools. (5) Each license to conduct inter-track wagering and simulcast wagering shall specify the person to whom it is issued, the dates on which such wagering is permitted, and the track or location where the wagering is to be conducted. (6) All wagering under such license is subject to this Act and to the rules and regulations from time to time prescribed by the Board, and every such license issued by the Board shall contain a recital to that effect. (7) An inter-track wagering licensee or inter-track wagering location licensee may accept wagers at the track or location where it is licensed, or as otherwise provided under this Act. (8) Inter-track wagering or simulcast wagering shall not be conducted at any track less than 5 miles from a track at which a racing meeting is in progress. (8.1) Inter-track wagering location licensees who derive their licenses from a particular organization licensee shall conduct inter-track wagering and simulcast wagering only at
177 [April 5, 2001] locations which are either within 90 miles of that race track where the particular organization licensee is licensed to conduct racing, or within 135 miles of that race track where the particular organization licensee is licensed to conduct racing in the case of race tracks in counties of less than 400,000 that were operating on or before June 1, 1986. However, inter-track wagering and simulcast wagering shall not be conducted by those licensees at any location within 5 miles of any race track at which a horse race meeting has been licensed in the current year, unless the person having operating control of such race track has given its written consent to such inter-track wagering location licensees, which consent must be filed with the Board at or prior to the time application is made. (8.2) Inter-track wagering or simulcast wagering shall not be conducted by an inter-track wagering location licensee at any location within 500 feet of an existing church or existing school, nor within 500 feet of the residences of more than 50 registered voters without receiving written permission from a majority of the registered voters at such residences. Such written permission statements shall be filed with the Board. The distance of 500 feet shall be measured to the nearest part of any building used for worship services, education programs, residential purposes, or conducting inter-track wagering by an inter-track wagering location licensee, and not to property boundaries. However, inter-track wagering or simulcast wagering may be conducted at a site within 500 feet of a church, school or residences of 50 or more registered voters if such church, school or residences have been erected or established, or such voters have been registered, after the Board issues the original inter-track wagering location license at the site in question. Inter-track wagering location licensees may conduct inter-track wagering and simulcast wagering only in areas that are zoned for commercial or manufacturing purposes or in areas for which a special use has been approved by the local zoning authority. However, no license to conduct inter-track wagering and simulcast wagering shall be granted by the Board with respect to any inter-track wagering location within the jurisdiction of any local zoning authority which has, by ordinance or by resolution, prohibited the establishment of an inter-track wagering location within its jurisdiction. However, inter-track wagering and simulcast wagering may be conducted at a site if such ordinance or resolution is enacted after the Board licenses the original inter-track wagering location licensee for the site in question. (9) (Blank). (10) An inter-track wagering licensee or an inter-track wagering location licensee may retain, subject to the payment of the privilege taxes and the purses, an amount not to exceed 17% of all money wagered. Each program of racing conducted by each inter-track wagering licensee or inter-track wagering location licensee shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege tax or pari-mutuel tax on such daily handle as provided in Section 27. (10.1) Except as provided in subsection (g) of Section 27 of this Act, inter-track wagering location licensees shall pay 1% of the pari-mutuel handle at each location to the municipality in which such location is situated and 1% of the pari-mutuel handle at each location to the county in which such location is situated. In the event that an inter-track wagering location licensee is situated in an unincorporated area of a county, such licensee shall pay 2% of the pari-mutuel handle from such location to such county. (10.2) Notwithstanding any other provision of this Act, with respect to intertrack wagering at a race track located in a county that has a population of more than 230,000 and that is bounded by the Mississippi River ("the first race track"), or at a facility operated by an inter-track wagering licensee or inter-track wagering location licensee that derives its license from the organization licensee that operates the first race track, on races
[April 5, 2001] 178 conducted at the first race track or on races conducted at another Illinois race track and simultaneously televised to the first race track or to a facility operated by an inter-track wagering licensee or inter-track wagering location licensee that derives its license from the organization licensee that operates the first race track, those moneys shall be allocated as follows: (A) That portion of all moneys wagered on standardbred racing that is required under this Act to be paid to purses shall be paid to purses for standardbred races. (B) That portion of all moneys wagered on thoroughbred racing that is required under this Act to be paid to purses shall be paid to purses for thoroughbred races. (11) (A) After payment of the privilege or pari-mutuel tax, any other applicable taxes, and the costs and expenses in connection with the gathering, transmission, and dissemination of all data necessary to the conduct of inter-track wagering, the remainder of the monies retained under either Section 26 or Section 26.2 of this Act by the inter-track wagering licensee on inter-track wagering shall be allocated with 50% to be split between the 2 participating licensees and 50% to purses, except that an intertrack wagering licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the Illinois organization licensee that provides the race or races, and an intertrack wagering licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with that organization licensee. (B) From the sums permitted to be retained pursuant to this Act each inter-track wagering location licensee shall pay (i) the privilege or pari-mutuel tax to the State; (ii) 4.75% of the pari-mutuel handle on intertrack wagering at such location on races as purses, except that an intertrack wagering location licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall retain all purse moneys for its own purse account consistent with distribution set forth in this subsection (h), and intertrack wagering location licensees that accept wagers on races conducted by an organization licensee located in a county with a population in excess of 230,000 and that borders the Mississippi River shall distribute all purse moneys to purses at the operating host track; (iii) until January 1, 2000, except as provided in subsection (g) of Section 27 of this Act, 1% of the pari-mutuel handle wagered on inter-track wagering and simulcast wagering at each inter-track wagering location licensee facility to the Horse Racing Tax Allocation Fund, provided that, to the extent the total amount collected and distributed to the Horse Racing Tax Allocation Fund under this subsection (h) during any calendar year exceeds the amount collected and distributed to the Horse Racing Tax Allocation Fund during calendar year 1994, that excess amount shall be redistributed (I) to all inter-track wagering location licensees, based on each licensee's pro-rata share of the total handle from inter-track wagering and simulcast wagering for all inter-track wagering location licensees during the calendar year in which this provision is applicable; then (II) the amounts redistributed to each inter-track wagering location licensee as described in subpart (I) shall be further redistributed as provided in subparagraph (B) of paragraph (5) of subsection (g) of this Section 26 provided first, that the shares of those amounts, which are to be redistributed to the host track or to purses at the host track under subparagraph (B) of paragraph (5) of subsection (g) of this Section 26 shall be redistributed based on each host track's pro rata share of the total inter-track wagering and simulcast wagering handle at all host tracks during the calendar year in question, and second, that any amounts redistributed as described in part (I) to
179 [April 5, 2001] an inter-track wagering location licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall be further redistributed as provided in subparagraphs (D) and (E) of paragraph (7) of subsection (g) of this Section 26, with the portion of that further redistribution allocated to purses at that organization licensee to be divided between standardbred purses and thoroughbred purses based on the amounts otherwise allocated to purses at that organization licensee during the calendar year in question; and (iv) 8% of the pari-mutuel handle on inter-track wagering wagered at such location to satisfy all costs and expenses of conducting its wagering. The remainder of the monies retained by the inter-track wagering location licensee shall be allocated 40% to the location licensee and 60% to the organization licensee which provides the Illinois races to the location, except that an intertrack wagering location licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the organization licensee that provides the race or races and an intertrack wagering location licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the organization licensee. Notwithstanding the provisions of clauses (ii) and (iv) of this paragraph, in the case of the additional inter-track wagering location licenses authorized under paragraph (1) of this subsection (h) by this amendatory Act of 1991, those licensees shall pay the following amounts as purses: during the first 12 months the licensee is in operation, 5.25% of the pari-mutuel handle wagered at the location on races; during the second 12 months, 5.25%; during the third 12 months, 5.75%; during the fourth 12 months, 6.25%; and during the fifth 12 months and thereafter, 6.75%. The following amounts shall be retained by the licensee to satisfy all costs and expenses of conducting its wagering: during the first 12 months the licensee is in operation, 8.25% of the pari-mutuel handle wagered at the location; during the second 12 months, 8.25%; during the third 12 months, 7.75%; during the fourth 12 months, 7.25%; and during the fifth 12 months and thereafter, 6.75%. For additional intertrack wagering location licensees authorized under this amendatory Act of 1995, purses for the first 12 months the licensee is in operation shall be 5.75% of the pari-mutuel wagered at the location, purses for the second 12 months the licensee is in operation shall be 6.25%, and purses thereafter shall be 6.75%. For additional intertrack location licensees authorized under this amendatory Act of 1995, the licensee shall be allowed to retain to satisfy all costs and expenses: 7.75% of the pari-mutuel handle wagered at the location during its first 12 months of operation, 7.25% during its second 12 months of operation, and 6.75% thereafter. (C) There is hereby created the Horse Racing Tax Allocation Fund which shall remain in existence until December 31, 1999. Moneys remaining in the Fund after December 31, 1999 shall be paid into the General Revenue Fund. Until January 1, 2000, all monies paid into the Horse Racing Tax Allocation Fund pursuant to this paragraph (11) by inter-track wagering location licensees located in park districts of 500,000 population or less, or in a municipality that is not included within any park district but is included within a conservation district and is the county seat of a county that (i) is contiguous to the state of Indiana and (ii) has a 1990 population of 88,257 according to the United States Bureau of the Census, and operating on May 1, 1994 shall be allocated by appropriation as follows: Two-sevenths to the Department of Agriculture. Fifty percent of this two-sevenths shall be used to promote the Illinois horse racing and breeding industry, and shall be
[April 5, 2001] 180 distributed by the Department of Agriculture upon the advice of a 9-member committee appointed by the Governor consisting of the following members: the Director of Agriculture, who shall serve as chairman; 2 representatives of organization licensees conducting thoroughbred race meetings in this State, recommended by those licensees; 2 representatives of organization licensees conducting standardbred race meetings in this State, recommended by those licensees; a representative of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by that Foundation; a representative of the Illinois Standardbred Owners and Breeders Association, recommended by that Association; a representative of the Horsemen's Benevolent and Protective Association or any successor organization thereto established in Illinois comprised of the largest number of owners and trainers, recommended by that Association or that successor organization; and a representative of the Illinois Harness Horsemen's Association, recommended by that Association. Committee members shall serve for terms of 2 years, commencing January 1 of each even-numbered year. If a representative of any of the above-named entities has not been recommended by January 1 of any even-numbered year, the Governor shall appoint a committee member to fill that position. Committee members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the performance of their official duties. The remaining 50% of this two-sevenths shall be distributed to county fairs for premiums and rehabilitation as set forth in the Agricultural Fair Act; Four-sevenths to park districts or municipalities that do not have a park district of 500,000 population or less for museum purposes (if an inter-track wagering location licensee is located in such a park district) or to conservation districts for museum purposes (if an inter-track wagering location licensee is located in a municipality that is not included within any park district but is included within a conservation district and is the county seat of a county that (i) is contiguous to the state of Indiana and (ii) has a 1990 population of 88,257 according to the United States Bureau of the Census, except that if the conservation district does not maintain a museum, the monies shall be allocated equally between the county and the municipality in which the inter-track wagering location licensee is located for general purposes) or to a municipal recreation board for park purposes (if an inter-track wagering location licensee is located in a municipality that is not included within any park district and park maintenance is the function of the municipal recreation board and the municipality has a 1990 population of 9,302 according to the United States Bureau of the Census); provided that the monies are distributed to each park district or conservation district or municipality that does not have a park district in an amount equal to four-sevenths of the amount collected by each inter-track wagering location licensee within the park district or conservation district or municipality for the Fund. Monies that were paid into the Horse Racing Tax Allocation Fund before the effective date of this amendatory Act of 1991 by an inter-track wagering location licensee located in a municipality that is not included within any park district but is included within a conservation district as provided in this paragraph shall, as soon as practicable after the effective date of this amendatory Act of 1991, be allocated and paid to that conservation district as provided in this paragraph. Any park district or municipality not maintaining a museum may deposit the monies in the corporate fund of the park district or municipality where the inter-track wagering location is
181 [April 5, 2001] located, to be used for general purposes; and One-seventh to the Agricultural Premium Fund to be used for distribution to agricultural home economics extension councils in accordance with "An Act in relation to additional support and finances for the Agricultural and Home Economic Extension Councils in the several counties of this State and making an appropriation therefor", approved July 24, 1967. Until January 1, 2000, all other monies paid into the Horse Racing Tax Allocation Fund pursuant to this paragraph (11) shall be allocated by appropriation as follows: Two-sevenths to the Department of Agriculture. Fifty percent of this two-sevenths shall be used to promote the Illinois horse racing and breeding industry, and shall be distributed by the Department of Agriculture upon the advice of a 9-member committee appointed by the Governor consisting of the following members: the Director of Agriculture, who shall serve as chairman; 2 representatives of organization licensees conducting thoroughbred race meetings in this State, recommended by those licensees; 2 representatives of organization licensees conducting standardbred race meetings in this State, recommended by those licensees; a representative of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by that Foundation; a representative of the Illinois Standardbred Owners and Breeders Association, recommended by that Association; a representative of the Horsemen's Benevolent and Protective Association or any successor organization thereto established in Illinois comprised of the largest number of owners and trainers, recommended by that Association or that successor organization; and a representative of the Illinois Harness Horsemen's Association, recommended by that Association. Committee members shall serve for terms of 2 years, commencing January 1 of each even-numbered year. If a representative of any of the above-named entities has not been recommended by January 1 of any even-numbered year, the Governor shall appoint a committee member to fill that position. Committee members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the performance of their official duties. The remaining 50% of this two-sevenths shall be distributed to county fairs for premiums and rehabilitation as set forth in the Agricultural Fair Act; Four-sevenths to museums and aquariums located in park districts of over 500,000 population; provided that the monies are distributed in accordance with the previous year's distribution of the maintenance tax for such museums and aquariums as provided in Section 2 of the Park District Aquarium and Museum Act; and One-seventh to the Agricultural Premium Fund to be used for distribution to agricultural home economics extension councils in accordance with "An Act in relation to additional support and finances for the Agricultural and Home Economic Extension Councils in the several counties of this State and making an appropriation therefor", approved July 24, 1967. This subparagraph (C) shall be inoperative and of no force and effect on and after January 1, 2000. (D) Except as provided in paragraph (11) of this subsection (h), with respect to purse allocation from intertrack wagering, the monies so retained shall be divided as follows: (i) If the inter-track wagering licensee, except an intertrack wagering licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, is not conducting its own race meeting during the same dates, then the entire purse allocation
[April 5, 2001] 182 shall be to purses at the track where the races wagered on are being conducted. (ii) If the inter-track wagering licensee, except an intertrack wagering licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, is also conducting its own race meeting during the same dates, then the purse allocation shall be as follows: 50% to purses at the track where the races wagered on are being conducted; 50% to purses at the track where the inter-track wagering licensee is accepting such wagers. (iii) If the inter-track wagering is being conducted by an inter-track wagering location licensee, except an intertrack wagering location licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, the entire purse allocation for Illinois races shall be to purses at the track where the race meeting being wagered on is being held. (12) The Board shall have all powers necessary and proper to fully supervise and control the conduct of inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees, including, but not limited to the following: (A) The Board is vested with power to promulgate reasonable rules and regulations for the purpose of administering the conduct of this wagering and to prescribe reasonable rules, regulations and conditions under which such wagering shall be held and conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of said wagering and to impose penalties for violations thereof. (B) The Board, and any person or persons to whom it delegates this power, is vested with the power to enter the facilities of any licensee to determine whether there has been compliance with the provisions of this Act and the rules and regulations relating to the conduct of such wagering. (C) The Board, and any person or persons to whom it delegates this power, may eject or exclude from any licensee's facilities, any person whose conduct or reputation is such that his presence on such premises may, in the opinion of the Board, call into the question the honesty and integrity of, or interfere with the orderly conduct of such wagering; provided, however, that no person shall be excluded or ejected from such premises solely on the grounds of race, color, creed, national origin, ancestry, or sex. (D) (Blank). (E) The Board is vested with the power to appoint delegates to execute any of the powers granted to it under this Section for the purpose of administering this wagering and any rules and regulations promulgated in accordance with this Act. (F) The Board shall name and appoint a State director of this wagering who shall be a representative of the Board and whose duty it shall be to supervise the conduct of inter-track wagering as may be provided for by the rules and regulations of the Board; such rules and regulation shall specify the method of appointment and the Director's powers, authority and duties. (G) The Board is vested with the power to impose civil penalties of up to $5,000 against individuals and up to $10,000 against licensees for each violation of any provision of this Act relating to the conduct of this wagering, any
183 [April 5, 2001] rules adopted by the Board, any order of the Board or any other action which in the Board's discretion, is a detriment or impediment to such wagering. (13) The Department of Agriculture may enter into agreements with licensees authorizing such licensees to conduct inter-track wagering on races to be held at the licensed race meetings conducted by the Department of Agriculture. Such agreement shall specify the races of the Department of Agriculture's licensed race meeting upon which the licensees will conduct wagering. In the event that a licensee conducts inter-track pari-mutuel wagering on races from the Illinois State Fair or DuQuoin State Fair which are in addition to the licensee's previously approved racing program, those races shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege or pari-mutuel tax on that daily handle as provided in Sections 27 and 27.1. Such agreements shall be approved by the Board before such wagering may be conducted. In determining whether to grant approval, the Board shall give due consideration to the best interests of the public and of horse racing. The provisions of paragraphs (1), (8), (8.1), and (8.2) of subsection (h) of this Section which are not specified in this paragraph (13) shall not apply to licensed race meetings conducted by the Department of Agriculture at the Illinois State Fair in Sangamon County or the DuQuoin State Fair in Perry County, or to any wagering conducted on those race meetings. (i) Notwithstanding the other provisions of this Act, the conduct of wagering at wagering facilities is authorized on all days, except as limited by subsection (b) of Section 19 of this Act. (Source: P.A. 91-40, eff. 6-25-99.) Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative John Jones, HOUSE BILL 618 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: 50, Yeas; 53, Nays; 11, Answering Present. (ROLL CALL 65) VERIFIED ROLL CALL This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 3069. Having been read by title a second time on March 23, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 2 remained in the Committee on Rules. Representative Fritchey offered the following amendment and moved its adoption:
[April 5, 2001] 184 AMENDMENT NO. 3 TO HOUSE BILL 3069 AMENDMENT NO. 3. Amend House Bill 3069, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, line 11, after "that", by inserting "(i)"; and on page 2, line 17, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 4, line 3, after "that", by inserting "(i)"; and on page 4, line 9, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 5, line 28, after "that", by inserting "(i)"; and on page 5, line 33, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order;" and on page 7, line 15, after "that", by inserting "(i)"; and on page 7, line 20, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 8, line 32, after "that", by inserting "(i)"; and on page 9, line 5, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 10, line 20, after "that", by inserting "(i)"; and on page 10, line 25, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 19, line 28, after "that", by inserting "(i)"; and on page 19, line 34, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 24, line 27, after "that", by inserting "(i)"; and on page 24, line 32, after "Education", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 27, line 5, after "that", by inserting "(i)"; and on page 27, line 11, after "more", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order"; and on page 27, line 23, after "that", by inserting "(i)"; and on page 27, line 25, after "authority", by inserting the following: "and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed
185 [April 5, 2001] and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Stroger, HOUSE BILL 3069 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Stroger, further consideration of HOUSE BILL 3069 was postponed. On motion of Representative Mulligan, HOUSE BILL 430 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: 69, Yeas; 42, Nays; 4, Answering Present. (ROLL CALL 66) This bill, 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. HOUSE BILLS ON SECOND READING Having been read by title a second time on April 4, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 3131. HOUSE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. These bills have been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Ryder, HOUSE BILL 3131 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 67) This bill, 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. On motion of Representative John Turner, HOUSE BILL 3073 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; 2, Answering Present. (ROLL CALL 69) This bill, 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. HOUSE BILLS ON SECOND READING HOUSE BILL 2207. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Bugielski offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2207
[April 5, 2001] 186 AMENDMENT NO. 1. Amend House Bill 2207 by replacing everything after the enacting clause with the following: "Section 1. Short Title. This Act may be cited as the Mortgage Certificate of Release Act. Section 5. Definitions. As used in this Act: "Mortgage" means a mortgage or mortgage lien on an interest in one-to-four family residential real property in this State given to secure a loan in the original principal amount of less than $500,000. Trust deeds are not included. "Mortgagee" means either: (i) the grantee of a mortgage; or (ii) if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record. "Mortgage servicer" means the last person to whom a mortgagor or the mortgagor's successor in interest has been instructed by a mortgagee to send releases on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payoff statement. "Mortgagor" means the grantor of a mortgage. "Notice of intention to file certificate of release" means a statement from a title insurance company or title insurance agent to the person to whom payment of the loan secured by the mortgage was made in accordance with the payoff statement of the intention to record a certificate of release. "Payoff statement" means a statement for the amount of the (i) unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges due under or secured by the mortgage; and (ii) interest on a per day basis for the unpaid balance. "Record" means to deliver the certificate of release for recording with the county recorder. "Title insurance agent" has the same meaning ascribed to it as in Section 3 of the Title Insurance Act. "Title insurance company" has the same meaning ascribed to it as in Section 3 of the Title Insurance Act. Section 10. Content of notice of intention to file certificate of release. The notice of intention to file a certificate of release shall state that if a release is not received by the title insurance company or title insurance agent within 60 days of the receipt of payoff of the loan secured by the mortgage, a certificate of release will be delivered for recording to the recorder of each county in which the mortgage is recorded. The notice of intention to file certificate of release shall be sent by first class mail, postage prepaid, at least 15 days before the certificate of release is to be delivered to the recorder. Section 15. Certificate of release. An officer or duly appointed agent of a title insurance company may, on behalf of a mortgagor or a person who has acquired from a mortgagor title to all or part of the property described in the mortgage, execute a certificate of release that complies with the requirements of this Act and record the certificate of release with the recorder of each county in which the mortgage is recorded, provided that release of the loan secured by the mortgage was made in accordance with a written payoff statement furnished by the mortgagee or the mortgage servicer, that a satisfaction or release of the mortgage has not previously been recorded, and that a notice of intention to file certificate of release was sent in accordance with Section 10. Section 20. Contents of certificate of release. A certificate of release executed under this Act must contain substantially all of the following: (a) The name of the mortgagor, the name of the original mortgagee, and, if applicable, the mortgage servicer at the date of the mortgage, the date of recording, and the volume and page or document number or other official recording designation in the real property records where the mortgage is recorded, together with similar information for the last recorded assignment of the mortgage. (b) A statement that the mortgage was paid in accordance with the written payoff statement received from the mortgagee or mortgage
187 [April 5, 2001] servicer and there is no notice from the mortgagee or mortgage servicer that the amount received was inadequate. (c) A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interest in real property in this State pursuant to subsections (2) and (3) of Section 3 of the Title Insurance Act. (d) A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or a part of the property described in the mortgage. (e) A statement that the mortgagee or mortgage servicer provided a written payoff statement. Section 25. Execution. A certificate of release authorized by Section 15 must be executed and acknowledged as required by law, as in the case of a deed, and may be executed by an officer or a duly appointed agent of a title insurance company. The agent must be a currently registered title insurance agent of the title insurance company. Section 30. Appointment of title insurance agent. (a) The appointment of a title insurance agent must be executed and acknowledged as required by law, as in the case of a deed, and must state all of the following: (1) the identity of the title insurance company as the principal; (2) the identity of the person, partnership, limited partnership, limited liability company, limited liability partnership, or corporation authorized to act as title insurance agent to execute and record certificates of release provided for in this Act on behalf of the title insurance company; (3) that the title insurance agent has the full authority to execute and record certificates of release provided for in this Act on behalf of the title insurance company; (4) the term of appointment of the title insurance agent; and (5) that the title insurance agent has consented to and accepts the terms of the appointment. (b) The delegation to a title insurance agent by a title insurance company shall not relieve the title insurance company of any liability for actual damages as provided in Section 40. (c) A single appointment of title insurance agent instrument may be recorded in each county in the office of the recorder. A separate appointment of title insurance agent shall not be necessary for each agent or each certificate of release. The appointment of an agent may be re-recorded where necessary to establish authority of the agent, but the authority shall continue until a revocation of appointment is recorded in the office of the recorder where the appointment of title insurance agent was recorded or on the date, if any, in the recorded appointment document. Section 35. Effect recording certificate of release. For purposes of releasing the lien of the mortgage, a certificate of release containing the information and statements provided for in Section 20 and executed as provided in Section 25 is prima facie evidence of the facts contained therein, and upon being recorded with the recorder, shall constitute a release of the lien of the mortgage described in the certificate of release. The title insurance company or title insurance agent recording the certificate of release may use the recording fee collected for the recording of a release or satisfaction of the mortgage to effect the recording of the certificate of release. Section 40. Wrongful or erroneous certificate of release. Recording of a wrongful or erroneous certificate of release by a title insurance company or its title insurance agent shall not relieve the mortgagor or the mortgagor's successors or assignees from any personal liability on the loan or other obligations secured by the mortgage. In addition to any other remedy provided by law, a title insurance company executing or recording a certificate of release under this Act that has actual knowledge that the information and statements contained therein are false is liable to the mortgagee for actual damages sustained due
[April 5, 2001] 188 to the recording of the certificate of release. The prevailing party in any action or proceeding seeking actual damages due to the recording of a certificate of release shall be entitled to the recovery of reasonable attorneys fees and costs incurred in that action or proceeding. Section 45. Recording. If a mortgage is recorded in more than one county and a certificate of release is recorded in one of them, a certified copy of the certificate of release may be recorded in another county with the same effect as the original. In all cases, the certificate of release shall be entered and indexed where satisfactions or releases of mortgage are entered and indexed. Section 50. Form of certificate of release. A certificate of release in substantially the following form complies with this Act. CERTIFICATE OF RELEASE Date:....Title Order No.:..... 1. Name of mortgagor(s):..... 2. Name of original mortgagee:..... 3. Name of mortgage servicer (if any):..... 4. Name of last assignee of mortgage or record (if any):..... 5. Mortgage recording: Vol.:.....Page:.....or Document No.:..... 6. Last assignment recording (if any): Vol.:.....Page:.....or Document No.:..... 7. The above referenced mortgage has been paid in accordance with the payoff statement received from..... 8. The person executing this certificate of release is an officer or duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this State pursuant to subsections (2) and (3) of Section 3 of the Title Insurance Act. 9. This certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or part of the property described in the mortgage. 10. The mortgagee or mortgage servicer provided a payoff statement. 11. The property described in the mortgage is as follows: Permanent Index Number:..... Common Address:..... (Name of title insurance company) By:..... (Name of officer and title or name of agent and name of officer / representative thereof) Address:..... Telephone No.:..... State of Illinois) ) County of ) This instrument was acknowledged before me on .....(date) by .....(name of person) as .....(officer for / agent of) .....(title insurance company). ..... Notary Public My commission expires on..... Section 55. Form of appointment of title insurance agent for issuance of certificates of release. A title insurance company shall use the following form for the appointment of its title insurance agents for the purpose of executing certificates of release pursuant to this Act. APPOINTMENT OF TITLE INSURANCE AGENT OR AGENTS FOR ISSUANCE OF CERTIFICATES OF RELEASE ..... (name of title insurance company) appoints ..... (name of title insurance agent or agents) to act as its agent or agents for the purpose of executing and delivering for recording certificates of release as provided by the Mortgage Certificate Of Release Act. This appointment shall commence on ..... (date) and (select one) continue until revoked as provided by that Act / terminate on ..... (date). The agent or agents appointed has/have consented to and accept the terms of this appointment.
189 [April 5, 2001] Dated this ..... (date). By: ..... (title insurance company) ..... (signature) ..... (typed / printed name & title) ..... (address) ..... (telephone number) State of Illinois) ) County of ) This instrument was acknowledged before me on .....(date) by .....(name of person) as .....(officer for / agent of) .....(title insurance company). ..... Notary Public My commission expires on..... Section 60. Form of revocation of appointment of title insurance agent or agents for issuance of certificates of release. A title insurance company shall use the following form for the purpose of revoking the appointment of its title insurance agent's authorization for executing certificates of release pursuant to this Act. REVOCATION OF APPOINTMENT OF TITLE INSURANCE AGENT OR AGENTS FOR ISSUANCE OF CERTIFICATES OF RELEASE .... (name of title insurance company) revokes the appointment of ..... (name of title insurance agent or agents) to act as its agent for the purpose of executing and delivering for recording certificates of release as provided by the Mortgage Certificate of Release Act. This Revocation shall be effective upon the recording in each county, or on ..... (date), if subsequent to recording. A copy of this Revocation has been delivered to the named title insurance agent or agents by certified U. S. mail, return receipt requested, at the following address or addresses: .....(name of title insurance agent) .....(address) Dated this ..... (date). By: ..... (title insurance company) ..... (signature) ..... (typed / printed name & title) ..... (address) ..... (telephone number) State of Illinois) ) County of ) This instrument was acknowledged before me on .....(date) by .....(name of person) as .....(officer for / agent of) .....(title insurance company). ..... Notary Public My commission expires on..... Section 95. The Mortgage Act is amended by changing Section 2 as follows: (765 ILCS 905/2) (from Ch. 95, par. 52) Sec. 2. Every mortgagee of real property, his assignee of record, or other legal representative, having received full satisfaction and payment of all such sum or sums of money as are really due to him from the mortgagor, and every trustee, or his successor in trust, in a deed of trust in the nature of a mortgage, the notes, bonds or other indebtedness secured thereby having been fully paid before September 7, 1973, shall, at the request of the mortgagor, or grantor in a deed of trust in the nature of a mortgage, his heirs, legal representatives or assigns, in case such mortgage or trust deed has been recorded or registered, make, execute and deliver to the mortgagor or grantor in a deed of trust in the nature of a mortgage, his heirs, legal representatives or assigns, an instrument in writing executed in
[April 5, 2001] 190 conformity with the provisions of this section releasing such mortgage or deed of trust in the nature of a mortgage, which release shall be entitled to be recorded or registered and the recorder or registrar upon receipt of such a release and the payment of the recording fee therefor shall record or register the same. Mortgages of real property and deeds of trust in the nature of a mortgage shall be released of record only in the manner provided herein or as provided in the Mortgage Certificate of Release Act; however, nothing contained in this Act shall in any manner affect the validity of any release of a mortgage or deed of trust made prior to January 1, 1952 on the margin of the record. Every mortgagee of real property, his assignee of record, or other legal representative, having received full satisfaction and payment of all such sum or sums of money as are really due to him from the mortgagor, and every trustee, or his successor in trust, in a deed of trust in the nature of a mortgage, the notes, bonds or other indebtedness secured thereby having been fully paid after September 7, 1973, shall make, execute and deliver to the mortgagor or grantor in a deed of trust in the nature of a mortgage, his heirs, legal representatives or assigns, an instrument in writing releasing such mortgage or deed of trust in the nature of a mortgage or shall deliver that release to the recorder or registrar for recording or registering. If the release is delivered to the mortgagor or grantor, it must have imprinted on its face in bold letters at least 1/4 inch in height the following: "FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN WHOSE OFFICE THE MORTGAGE OR DEED OF TRUST WAS FILED". The recorder, or registrar, upon receipt of such a release and the payment of the recording or registration fee, shall record or register the release. (Source: P.A. 83-358.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2087. Having been recalled on March 28, 2001, and held on the order of Second Reading, the same was again taken up. Representative John Turner offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2087 AMENDMENT NO. 1. Amend House Bill 2087 as follows: on page 1, line 22, by inserting after "firearm." the following: "This subsection (1) does not apply to a minor charged with aggravated battery with a firearm based exclusively upon the accountability provisions of Section 5-2 of the Criminal Code of 1961.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2282. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Burke offered and withdrew Amendment No. 1. Representative Burke offered the following amendment and moved its
191 [April 5, 2001] adoption: AMENDMENT NO. 2 TO HOUSE BILL 2282 AMENDMENT NO. 2. Amend House Bill 2282 by replacing the title with the following: "AN ACT concerning currency exchanges."; and by replacing everything after the enacting clause with the following: "Section 5. The Currency Exchange Act is amended by changing Section 6 as follows: (205 ILCS 405/6) (from Ch. 17, par. 4813) Sec. 6. Insurance against loss. Every applicant for a license hereunder shall, after his application for a license has been approved, file with and have approved by the Director, a policy or policies of insurance issued by an insurance company or indemnity company authorized to do business under the law of this State, which shall insure the applicant against loss by theft, burglary, robbery or forgery in a principal sum as hereinafter provided; if the average amount of cash and liquid funds to be kept on hand in the office of the community currency exchange during the year will not be in excess of $10,000 the policy or policies shall be in the principal sum of $10,000. If such average amount will be in excess of $10,000, the policy or policies shall be for an additional principal sum of $500 for each $1,000 or fraction thereof of such excess over the original $10,000. From time to time, the Director may determine the amount of cash and liquid funds on hand in the office of any community currency exchange and shall require the licensee to submit additional policies if the same are determined to be necessary in accordance with the requirements of this Section. Any such policy or policies, with respect to forgery, may carry a condition that the community currency exchange assumes the first $1,000
[April 5, 2001] 192 all abandoned property specified in the report to the State Treasurer with respect to the property as hereinafter provided. The State Treasurer may exempt any businesses from the reporting requirement if he deems such businesses unlikely to be holding unclaimed property. (b) The information shall be obtained in one or more reports as required by the State Treasurer. The information shall be verified and shall include: (1) The name, social security or federal tax identification number, if known, and last known address, including zip code, of each person appearing from the records of the holder to be the owner of any property of the value of $25 or more presumed abandoned under this Act; (2) In case of unclaimed funds of life insurance corporations the full name of the insured and any beneficiary or annuitant and the last known address according to the life insurance corporation's records; (3) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and (4) Other information which the State Treasurer prescribes by rule as necessary for the administration of this Act. (c) If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property. (d) The report and remittance of the property specified in the report shall be filed by banking organizations, financial organizations, insurance companies other than life insurance corporations, and governmental entities before November 1 of each year as of June 30 next preceding. The report and remittance of the property specified in the report shall be filed by business associations, utilities, and life insurance corporations before May 1 of each year as of December 31 next preceding. The Director may postpone the reporting date upon written request by any person required to file a report. (d-5) Notwithstanding the foregoing, currency exchanges shall be required to report and remit property specified in the report within 30 days after the conclusion of its annual examination by Department of Financial Institutions. As part of the examination of a currency exchange, the Department of Financial Institutions shall instruct the currency exchange to submit a complete unclaimed property report using the State Treasurer's formatted diskette reporting program or an alternative reporting format approved by the State Treasurer. The Department of Financial Institutions shall provide the State Treasurer with an accounting of the money orders located in the course of the annual examination including, where available, the amount of service fees deducted and the date of the conclusion of the examination. (e) Before filing the annual report, the holder of property presumed abandoned under this Act shall communicate with the owner at his last known address if any address is known to the holder, setting forth the provisions hereof necessary to occur in order to prevent abandonment from being presumed. If the holder has not communicated with the owner at his last known address at least 120 days before the deadline for filing the annual report, the holder shall mail, at least 60 days before that deadline, a letter by first class mail to the owner at his last known address unless any address is shown to be inaccurate, setting forth the provisions hereof necessary to prevent abandonment from being presumed. (f) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer. (g) Any person who has possession of property which he has reason to believe will be reportable in the future as unclaimed property, may report and deliver it prior to the date required for such reporting in accordance with this Section and is then relieved of responsibility as
193 [April 5, 2001] provided in Section 14. (h) (1) Records pertaining to presumptively abandoned property held by a trust division or trust department or by a trust company, or affiliate of any of the foregoing that provides nondealer corporate custodial services for securities or securities transactions, organized under the laws of this or another state or the United States shall be retained until the property is delivered to the State Treasurer. As of January 1, 1998, this subdivision (h)(1) shall not be applicable unless the Department of Financial Institutions has commenced, but not finalized, an examination of the holder as of that date and the property is included in a final examination report for the period covered by the examination. (2) In the case of all other holders commencing on the effective date of this amendatory Act of 1993, property records for the period required for presumptive abandonment plus the 9 years immediately preceding the beginning of that period shall be retained for 5 years after the property was reportable. (i) The State Treasurer may promulgate rules establishing the format and media to be used by a holder in submitting reports required under this Act. (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99.) 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 ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2263. Having been recalled on April 2, 2001, and held on the order of Second Reading, the same was again taken up. Representative Winters offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2263 AMENDMENT NO. 1. Amend House Bill 2263 by replacing everything after the enacting clause with the following: "ARTICLE 5 Section 5-1. Short title. This Article may be cited as the Transportation Resources for Innovative Projects Law. Section 5-5. Findings and Purpose. The General Assembly finds that safe, reliable and convenient transportation to and from work and related destinations such as child care and education is an extremely important factor in the ability to find and retain employment, particularly in the lower income sectors of the economy. For many people, these transportation needs are not met by existing mass transit. This creates a need for innovative transportation to work strategies that fit within local circumstances. Many localities around Illinois do not have the resources or the expertise to develop and support innovative transportation options. Localities need access to State and federal funds to help implement these strategies, and they need technical assistance both in designing programs and in accessing various sources of State and federal funds. Illinois also leaves substantial federal transportation funds unclaimed because of the failure to put forward projects to use the funds. Illinois would benefit from a unified State process for applying for federal transportation assistance for innovative transportation to work strategies and for supplying the matching funds necessary to access that federal assistance. The purpose of this Article is to establish the Transportation Resources for Innovative Projects Program to prompt the creation of innovative transportation to work strategies at the local level, to assist in the implementation of those strategies, to
[April 5, 2001] 194 coordinate the local, State and federal funding of those programs, and to access the maximum of federal transportation to work funding. Section 5-7. Definitions. As used in this Article: "Department" means the Department of Transportation. "TRIP Program" means the Transportation Resources for Innovative Projects Program created by this Article. "JARC" means the Job Access and Reverse Commute grant program of the Federal Transit Administration. Section 5-10. Establishment of Program and Funding. There is established within the Department of Transportation the Transportation Resources for Innovative Projects Program. The TRIP Program shall be funded by appropriation from the General Assembly or by interagency agreement with the Department of Human Services or other departments under Section 5-25 of this Article, or by a combination of those sources. Section 5-15. Functions of Program. The Program shall be a Statewide interagency effort to prompt and support local transportation innovations. It shall have 3 main functions: (a) Administration of an annual process to apply for federal transportation to work assistance under the Job Access and Reverse Commute program, programs administered by the federal Department of Housing and Urban Development, or similar programs, or a combination of those programs. This shall include publicizing the process, managing the application and selection process, making applications to the federal government, and identifying local projects to be part of the annual State applications to the federal government. To the extent resources permit, the TRIP Program shall provide grants or guarantee funds to the local projects selected for inclusion in the State applications to complete the State funding matches necessary to access the federal funds. (b) Administration of an annual process to grant funds, to the extent resources permit, to localities for innovative transportation to work strategies not eligible for federal funds. (c) Provision of technical assistance to localities in the devising of innovative transportation to work strategies and in complying with the requirements for federal, State and local funding. Section 5-20. Illinois Coordinating Committee on Transportation. The Illinois Coordinating Committee on Transportation created by the Illinois Coordinating Committee on Transportation Law shall serve as an interagency advisory committee to help develop policy and procedures under the TRIP Program. Section 5-25. Interagency Agreement with Department of Human Services and other Departments. In addition to any other interagency agreements the Department may enter into to implement the TRIP Program, there shall be an interagency agreement with the Department of Human Services. Under the agreement, the departments shall have the following responsibilities. (a) The Department of Human Services shall: (1) provide an annual allotment of funds for disbursement by the Department under the TRIP Program; (2) notify the Department in a timely manner of all State and federal policies, rules, and regulations that may affect the use and disbursement of the funds and provide appropriate assistance for compliance with those requirements; and (3) provide at least one staff member to represent the Department of Human Services on the Illinois Coordinating Committee on Transportation and in the selection process for local transportation programs for State and federal funds under the TRIP Program. (b) The Department shall: (1) ensure that the use of funds transferred from the Department of Human Services is in accordance with laws governing use of those funds and is coordinated with the Department of Human Services; (2) collaborate with the Department of Human Services in selecting the projects to be funded under the Program;
195 [April 5, 2001] (3) account for the use of funds transferred form the Department of Human Services separately from other funds; (4) provide any necessary reports regarding the TRIP Program to the Department of Human Services and the U.S. Department of Health and Human Services. (d) The Department may enter into similar interagency agreements with other agencies that transfer funds to the Department for the TRIP Program or coordinate their programs with the TRIP Program. Section 5-30. TRIP Program Provisions. (a) The Department annually shall solicit applications from localities for support for local transportation to work strategies. The solicitation and application process shall be timed to allow the Department to submit a package of approved local programs as the Illinois State Consolidated Transportation to Work Plan to the Federal Transit Administration for funding under the Job Access and Reverse Commute program, and to make timely submissions for other sources of federal funds. (b) The annual solicitation and application process shall include 2 types of grants: (i) those fundable under JARC or other federal funding sources, for which the TRIP Program grant shall be adequate, in combination with local or private funds, to complete the "local match" required by JARC or other federal programs, and (ii) those not fundable under JARC or other federal programs but otherwise addressing the purposes of the TRIP Program (for example, car purchase programs). The Department, in conjunction with the Illinois Coordinating Committee on Transportation, shall divide grant funds between these 2 types of proposals each year depending upon the merit of the proposals received and the extent to which they would accomplish the purposes of the TRIP Program, including the maximizing of federal funds. The grants may be spent over a period of up to 24 months. (c) The Department shall annually submit the Illinois State Consolidated Transportation to Work Plan to the Federal Transit Administration for funding under JARC and submit applications for other federal funds as appropriate. (d) The Department shall provide technical assistance to localities in developing transportation strategies, complying with application requirements, including federal requirements, and forming strategic local partnerships to improve the potential success of both the grant application and the local program itself. Local entities eligible for funding under the program include counties, municipalities, public agencies, private entities, non-profit organizations such as, but not limited to, community development corporations, transportation management associations, transportation providers, community action agencies, faith based organizations, and workforce investment boards, and other consortiums. Planning partners may, but need not necessarily, include local workforce investment boards, chambers of commerce, elected officials, Metropolitan Planning Organizations, local plan commissions, and State agencies. (e) The Department's rules for applications by local entities under the Program shall include, but not necessarily be limited to, the following provisions: (1) The local programs should be for implementation of innovative community transportation systems that address a local transportation need or gap; they should use innovative approaches that emphasize both coordination between existing services and programs and the elimination of transportation barriers that limit workforce participation. These programs and services could, for example, be the purchase of rolling stock such as vans, new or expanded operation of transportation routes, creation of auto ownership and drivers licensing programs, new or expanded dial a ride services, vanpool or carpool programs, guaranteed ride home programs, or similar strategies that address local needs and circumstances. (2) To qualify for inclusion in the State application for JARC funding or other federal funding, the applicant must have been involved in the transportation planning process for the region in
[April 5, 2001] 196 which the project will operate, or exhibit knowledge of that process and its need statement and have relationships with the local transportation experts in transit authorities or county government. (3) The application must include evidence of a commitment for the funding of a portion of the proposed project from local or private sources (other than State or federal sources). This portion shall not be less than 1% nor more than 10% of the total project costs. The Department shall provide by rule for a sliding scale for these local funding commitments based upon the relative resources in localities, so that the contribution of communities with the least resources is 1% and of communities with the most resources is 10%. The Department shall use an objective measure such as the poverty rate or the tax base in establishing the sliding scale and shall update it annually. ARTICLE 10 Section 10-1. Short title. This Article may be cited as the Illinois Coordinating Committee on Transportation Law. Section 10-5. Definitions. As used in this Article: (1) "Agency" means an official, commission, authority, council, department, committee, division, bureau, board, or any other unit or entity of the State, a municipality, a county, or other local governing body or a private not-for-profit transportation service providing agency. (2) "Committee" means the Illinois Coordinating Committee on Transportation. (3) "Coordination" means the arrangement for the provision of transportation services to the transportation disadvantaged in a manner that is cost-effective, efficient, and reduces fragmentation and duplication of services. (4) "Transportation disadvantaged" means those persons who, because of physical or mental disability, income status, age, location of residence, or other reasons are unable to transport themselves or to purchase affordable transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities. Section 10-10. Committee. The Illinois Coordinating Committee on Transportation is created and shall consist of the following members: (1) The Lieutenant Governor or her or his designee. (2) The Secretary of Transportation or his or her designee. (3) The Secretary of Human Services (or his or her designee) and one additional representative of the Department of Human Services designated by the Secretary. (4) The Director of Aging or his or her designee. (5) The Director of Public Aid or his or her designee. (6) The Director of Commerce and Community Affairs or his or her designee. (7) A representative of the Illinois Rural Transit Assistance Center. (8) A person who is a member of a recognized statewide organization representing older Illinoisans. (9) A representative of centers for independent living. (10) A representative of the Illinois Public Transportation Association. (11) A representative of an existing transportation system that coordinates and provides transit services in a multi-county area for the Department of Transportation, Department of Human Services, Department of Commerce and Community Affairs, or Department on Aging. (12) A representative of a statewide organization of rehabilitation facilities or other providers of services for persons with one or more disabilities. (13) A representative of the Illinois Planning Council on Developmental Disabilities. (14) A representative of a statewide organization of
197 [April 5, 2001] community action agencies. The Lieutenant Governor shall appoint the members of the Committee other than those named in paragraphs (1) through (6) of this Section. The Lieutenant Governor or his or her designee shall serve as chairperson of the Committee and shall convene the meetings of the Committee. The Secretary of Transportation and the Secretary of Human Services, or their designees, shall serve as vice-chairpersons and shall be responsible for staff support for the committee. Section 10-15. Duties of committee. The Committee shall foster the coordination of public and private transportation services, with special attention paid to services directed toward those populations who are currently not served or who are underserved by existing public transit. The Committee shall aim to reduce duplicative services in order to achieve a transportation system that serves the most citizens possible in the most cost-effective and efficient manner possible. Specifically, the committee shall: (1) Coordinate State efforts within federal guidelines to facilitate coordination of human service transportation programs. (2) Establish statewide priorities and draft a strategic plan. These priorities should include: developing objectives for providing essential transportation services to the transportation disadvantaged; developing a unified state request for funds from federal sources such as the Job Access and Reverse Commute (JARC) Grant program that is based on local plans from communities statewide; identifying funds from other available sources for projects that are not an eligible use of JARC funds; and developing a long-range plan to identify and recruit potential stakeholders in future community transportation initiatives. (3) Develop goals and objectives to reduce duplication of services and achieve coverage that is as complete as possible. (4) Address any and all transportation barriers and propose solutions, such as multi-agency involvement, to eliminate these barriers. (5) Serve as a clearinghouse for information about funding sources and innovations in serving the transportation disadvantaged. (6) Oversee administration of the Transportation Resources for Innovative Projects Program. (7) Submit a report, not later than February 1, 2002, to the Governor and the General Assembly that outlines the progress made by the Committee in performing its duties set forth in paragraphs (1) through (6) of this Section and makes recommendations for statutory and regulatory changes to promote coordination. ARTICLE 99 Section 99-99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2271. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Coulson offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2271 AMENDMENT NO. 1. Amend House Bill 2271 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Massage
[April 5, 2001] 198 Licensing Act. Section 5. Declaration of public policy. The practice of massage therapy is hereby declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to practice massage therapy, to promote high standards of professional performance for those licensed to practice massage therapy in the State of Illinois, and to protect the public from unprofessional conduct by persons licensed to practice massage therapy. Section 10. Definitions. As used in this Act: "Approved massage school" means a facility which meets minimum standards for training and curriculum as determined by the Department. "Board" means the Massage Therapy Board appointed by the Director. "Compensation" means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. "Department" means the Department of Professional Regulation. "Director" means the Director of Professional Regulation. "Massage" or "massage therapy" means a system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneeding, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under this Act, is to enhance the general health and well being of the mind and body of the recipient. "Massage" does not include the diagnosis and subsequent treatment and rehabilitation of a specific pathology. "Massage therapist" means a person who is licensed by the Department and administers massage for compensation. "Professional massage or bodywork therapy association" means a state or nationally chartered organization that is devoted to the massage specialty and therapeutic approach and meets the following requirements: (1) The organization requires that its members meet minimum educational requirements. The educational requirements must include anatomy, physiology, hygiene, sanitation, ethics, technical theory, and application of techniques. (2) The organization has an established code of ethics and has procedures for the suspension and revocation of membership of persons violating the code of ethics. Section 15. Licensure requirements. Beginning January 1, 2004, persons engaged in massage for compensation must be licensed by the Department. The Department shall issue a license to an individual who meets all of the following requirements: (1) The applicant has applied in writing on the prescribed forms and has paid the required fees. (2) The applicant is at least 18 years of age and of good moral character. In determining good moral character, the Department may take into consideration conviction of any crime under the laws of the United States or any state or territory thereof that is a felony or a misdemeanor or any crime that is directly related to the practice of the profession. Such a conviction shall not operate automatically as a complete bar to a license, except in the case of any conviction for prostitution, rape, or sexual misconduct, or where the applicant is a registered sex offender. (3) The applicant has met one of the following requirements: (A) has successfully completed the curriculum or curriculums of one or more massage therapy schools approved by the Department that require a minimum of 500 hours and has passed a competency examination approved by the Department; (B) holds a current license from another jurisdiction
199 [April 5, 2001] having licensure requirements that meet or exceed those defined within this Act; or (C) has moved to Illinois from a jurisdiction with no licensure requirement and has provided documentation that he or she has successfully passed the National Certification Board of Therapeutic Massage and Bodywork's examination or another massage therapist certifying examination approved by the Department and maintains current certification. Section 20. Grandfathering provision. (a) For a period of one year after the effective date of the rules adopted under this Act, the Department may issue a license to an individual who, in addition to meeting the requirements set forth in paragraphs (1) and (2) of Section 15, produces proof that he or she has met at least one of the following requirements before the effective date of this Act: (1) has been an active member, for a period of at least one year prior to the application for licensure, of a national professional massage therapy organization established prior to the year 2000, which offers professional liability insurance and a code of ethics; (2) has passed the National Certification Exam of Therapeutic Massage and Bodywork and has kept his or her certification current; (3) has practiced massage therapy an average of at least 10 hours per week for at least 10 years; or (4) has practiced massage therapy an average of at least 10 hours per week for at least one year prior to the effective date of this Act and has completed at least 100 hours of formal training in massage therapy. (b) An applicant who can show proof of having engaged in the practice of massage therapy for at least 10 hours per week for a minimum of one year prior to the effective date of this Act and has less than 100 hours of formal training or has been practicing for less than one year with 100 hours of formal training must complete at least 100 additional hours of formal training consisting of at least 25 hours in anatomy and physiology by January 1, 2004. (c) An applicant who has training from another state or country may qualify for a license under subsection (a) by showing proof of meeting the requirements of that state or country and demonstrating that those requirements are substantially the same as the requirements in this Section. (d) For purposes of this Section, "formal training" means a massage therapy curriculum approved by the Illinois State Board of Education or the Illinois Board of Higher Education or course work provided by continuing education sponsors approved by the Department. Section 25. Exemptions. (a) This Act does not prohibit a person licensed under any other Act in this State from engaging in the practice for which he or she is licensed. (b) Persons exempted under this Section include, but are not limited to, physicians, podiatrists, naprapaths, and physical therapists. (c) Nothing in this Act prohibits qualified members of other professional groups, including but not limited to nurses, occupational therapists, cosmetologists, and estheticians, from performing massage in a manner consistent with their training and the code of ethics of their respective professions. (d) Nothing in this Act prohibits a student of an approved massage school or program from performing massage, provided that the student does not hold himself or herself out as a licensed massage therapist and does not charge a fee for massage therapy services. (e) Exempt bodywork methods include those that involve energy techniques only without intentional soft tissue manipulation of any kind, movement education and re-education, and somatic education, addressing awareness, posture, and action by verbally and physically guiding the student in the discovery of existing and alternative postures and actions. Specific techniques included in this exemption
[April 5, 2001] 200 are Zen Therapy, Rolfing, Alexander Technique, Reiki, Polarity, Feldenkrais, Trager, Therapeutic Touch, OrthoBionomy, Reflexology, and approved Asian bodywork techniques. (f) Practitioners of other forms of bodywork who restrict manipulation of soft tissue to feet, hands, and ears and who do not have the client disrobe are exempt from this Act. (g) Nothing in this Act applies to massage therapists from other states or countries when providing educational programs or services for a period not exceeding 30 days within a calendar year. (h) Nothing in this Act prohibits a person from treating ailments by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination. Section 30. Title protection. (a) Persons regulated by this Act are designated as massage therapists and therefore are exclusively entitled to utilize the terms "massage", "massage therapy", and "massage therapist" when advertising or printing promotional material. (b) Anyone who knowingly aids and abets one or more persons not authorized to use a professional title regulated by this Act or knowingly employs persons not authorized to use the regulated professional title in the course of their employment, commits a violation of this Act. (c) Anyone not authorized, under the definitions of this Act, to utilize the term "massage", "massage therapy", or "massage therapist" and who knowingly utilizes these terms when advertising commits a violation of this Act. Section 35. Massage Licensing Board. (a) The Director shall appoint a Massage Licensing Board, which shall serve in an advisory capacity to the Director. The Board shall consist of 7 members, of whom 6 shall be massage therapists with at least 3 years of experience in massage. One of the massage therapist members shall represent a massage therapy school from the private sector and one of the massage therapist members shall represent a massage therapy school from the public sector. One member of the Board shall be a member of the public who is not licensed under this Act or a similar Act in Illinois or another jurisdiction. Membership on the Board shall reasonably reflect the various massage therapy and non-exempt bodywork organizations. Membership on the Board shall reasonably reflect the geographic areas of the State. (b) Members shall be appointed to a 3-year term, except that initial appointees shall serve the following terms: 2 members including the non-voting member shall serve for one year, 2 members shall serve for 2 years, and 3 members shall serve for 3 years. A member whose term has expired shall continue to serve until his or her successor is appointed. No member shall be reappointed to the Board for a term that would cause his or her continuous service on the Board to exceed 9 years. Appointments to fill vacancies shall be made in the same manner as the original appointments for the unexpired portion of the vacated term. (c) The members of the Board are entitled to receive compensation for all legitimate and necessary expenses incurred while attending Board and Department meetings. (d) Members of the Board shall be immune from suit in any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board. (e) The Director shall consider the recommendations of the Board on questions involving the standards of professional conduct, discipline, and qualifications of candidates and licensees under this Act. Nothing shall limit the ability of the Board to provide recommendations to the Director in regard to any matter affecting the administration of this Act. The Director shall give due consideration to all recommendations of the Board. If the Director takes action contrary to a recommendation of the Board, the Director shall provide a written explanation of that action. (f) The Director may terminate the appointment of any member for cause which, in the opinion of the Director reasonably justifies
201 [April 5, 2001] termination, which may include, but is not limited to, a Board member who does not attend 2 consecutive meetings. Section 40. Duties of the Department. Subject to provisions of this Act, the Department shall: (1) Formulate rules required for the administration of this Act. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made in the response. (2) Determine the qualifications of an applicant for licensure by endorsement. (3) Conduct hearings or proceedings to refuse to issue or renew or to revoke a license or to suspend, place on probation, reprimand, or otherwise discipline a person licensed under this Act. (4) Solicit the advice and expert knowledge of the Board on any matter relating to the administration and enforcement of this Act. (5) Maintain a roster of the names and addresses of all licensees and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. The roster shall be available upon written request and payment of the required fee. Section 45. Grounds for discipline. (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action, as the Department considers appropriate, including the imposition of fines not to exceed $1,000 for each violation, with regard to any license or licensee for any one or more of the following: (1) being convicted of any crime under the laws of the United States or any state or territory thereof that is a felony or a misdemeanor, an essential element of which is dishonesty, or any that is directly related to the practice of massage. Conviction, as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere; (2) advertising in a false, deceptive, or misleading manner; (3) aiding, assisting, procuring, or advising any unlicensed person to practice massage contrary to any rules or provisions of this Act; (4) engaging in immoral conduct in the commission of any act, such as sexual abuse, sexual misconduct, or sexual exploitation, related to the licensee's practice; (5) engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (6) practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform; (7) knowingly delegating professional responsibilities to a person unqualified by training, experience, or licensure to perform; (8) failing to provide information in response to a written request made by the Department within 60 days; (9) having a habitual or excessive use of or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug which results in the inability to practice with reasonable judgment, skill, or safety; (10) having a pattern of practice or other behavior that demonstrates incapacity or incompetence to practice under this Act; (11) making a material misstatement in furnishing information to the Department or otherwise making misleading, deceptive, untrue, or fraudulent representations in violation of this Act or otherwise in the practice of the profession; (12) making any misrepresentation for the purpose of obtaining a license; or (13) having a physical illness, including but not limited to
[April 5, 2001] 202 deterioration through the aging process or loss of motor skills, that results in the inability to practice the profession with reasonable judgment, skill, or safety. (b) The Department may refuse to issue or may suspend the license of any person who fails to file a tax return, to pay the tax, penalty, or interest shown in a filed tax 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 the tax Act are satisfied. (c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will end only upon (i) a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of a court order so finding and discharging the patient and (ii) the recommendation of the Board to the Director that the licensee be allowed to resume his or her practice. (d) In enforcing this Section, the Department or Board upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department. In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. Section 50. Advertising. It is a misdemeanor for any person,
203 [April 5, 2001] organization, or corporation to advertise massage services unless the person providing the service holds a valid license under this Act, except for those excluded licensed professionals who are allowed to include massage in their scope of practice. A massage therapist may not advertise unless he or she has a current license issued by this State. "Advertise" as used in this Section includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle, or structure; advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the words "massage", "massage therapist", "therapeutic massage", or "massage therapeutic"; or commercials broadcast by any means. Section 55. Exclusive jurisdiction. The regulation and licensing of massage therapy is an exclusive power and function of the State. A home rule unit may not regulate or license massage therapists. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Section 60. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party. Section 65. Renewal of licenses. The expiration date and renewal period for each license issued under this Act shall be set by rule. Section 67. Continuing education. The Department shall adopt rules for continuing education for persons licensed under this Act that require a completion of 24 hours of approved continuing education per license renewal period. The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by the licensee, by requiring the filing of continuing education certificates with the Department, or by other means established by the Department. Section 70. Restoration of expired licenses. A massage therapist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required restoration fee and showing proof of completion of required continuing education. Licensees must provide proof of completion of 24 hours approved continuing education to renew their license. If the massage therapist has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule his or her fitness to resume active status and may require the massage therapist to complete a period of evaluated clinical experience and may require successful completion of an examination. A massage therapist whose license has been expired or placed on inactive status for more than 5 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction, by paying the required restoration fee, and by showing proof of the completion of 24 hours of continuing education. However, a massage therapist whose license has expired while he or she has been engaged (i) in active duty with the Army of the United
[April 5, 2001] 204 States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees or restoration fee if, within 2 years after termination of the service, training, or education, other than by dishonorable discharge, he or she furnishes the Department with an affidavit to the effect that he or she has been so engaged and that his or her service, training, or education has been terminated. Section 75. Inactive licenses. Any massage therapist who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. A massage therapist requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Section 70 of this Act. Any massage therapist whose license is on inactive status shall not practice massage therapy in the State, and any practice conducted shall be deemed unlicensed practice. Section 80. Fees. The fees assessed under this Act shall be set by rule. Section 85. Deposit of fees and fines; appropriations. All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. All moneys in the Fund shall be used by the Department of Professional Regulation, as appropriated, for the ordinary and contingent expenses of the Department. Section 90. Violations; injunction; cease and desist order. (a) If any person violates a provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney in the county in which the offense occurs, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act. (b) If, after January 1, 2004, any person practices as a massage therapist or holds himself or herself out as a massage therapist without being licensed under the provisions of this Act, then the Director, any licensed massage therapist, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof occurred, or in which the person complained of has his or her principal place of business or resides, to prevent the violation. The court has jurisdiction to enforce obedience by injunction or by other process restricting the person complained of from further violation and enjoining upon him or her obedience. (c) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Section 95. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any person holding or claiming to hold a license. The Department shall, before refusing to issue or renew a license or to discipline a licensee pursuant to
205 [April 5, 2001] Section 45, notify the applicant or holder of a license in writing, at least 30 days prior to the date set for the hearing, of the nature of the charges and that a hearing will be held on the date designated. The notice shall direct the applicant or licensee to file a written answer to the Board under oath within 20 days after the service of the notice, and shall inform the applicant or licensee that failure to file an answer will result in a default judgment being entered against the applicant or licensee. A default judgment may result in the license being suspended, revoked, or placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of practice, as the Director may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his or her last notification to the Department. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status and the Department may take whatever disciplinary action it deems proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present statements, testimony, evidence and argument that may be pertinent to the charges or to the licensee's defense. The Board may continue a hearing from time to time. Section 100. Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a license or the discipline of a licensee. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the order of the Department shall be the record of the proceeding. Section 105. Compelling testimony. Any circuit court, upon application of the Department or its designee or of the applicant or licensee against whom proceedings pursuant to Section 95 of this Act are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt. Section 110. Findings and recommendations. At the conclusion of the hearing, the Board shall present to the Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply and shall make its recommendations to the Director. The report of findings and recommendations of the Board shall be the basis for the Department's order or refusal or for the granting of a license unless the Director shall determine that the Board's report is contrary to the manifest weight of the evidence, in which case the Director may issue an order in contravention of the Board's report. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act. Section 115. Rehearing. In any case involving the refusal to issue or renew a license or discipline of a licensee, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after service, the respondent may present to the Department a motion, in writing and specifying particular grounds, for a rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon the denial,
[April 5, 2001] 206 the Director may enter an order in accordance with recommendations of the Board, except as provided in Section 110 of this Act. If the respondent shall order from the reporting service and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which the motion may be filed shall commence upon the delivery of the transcript to the respondent. Section 120. Director; rehearing. Whenever the Director is satisfied that substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license, the Director may order a rehearing by the same or other examiners. Section 125. Appointment of a hearing officer. The Director shall have the authority to appoint any attorney duly licensed to practice law in this State to serve as the hearing officer in any action for refusal to issue or renew a license or permit or for the discipline of a licensee. The hearing officer shall have full authority to conduct the hearing. At least one member of the Board shall attend each hearing. The hearing officer shall report his or her findings and recommendations to the Board and the Director. The Board shall have 60 days after receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Director. If the Board fails to present its report within the 60-day period, the Director shall issue an order based on the report of the hearing officer. If the Director determines that the Board's report is contrary to the manifest weight of the evidence, he or she may issue an order in contravention of the Board's report. Section 130. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that: (1) the signature is the genuine signature of the Director; (2) the Director is duly appointed and qualified; and (3) the Board and the members of the Board are qualified to act. Section 135. Restoration of suspended or revoked license. At any time after the suspension or revocation of a license, the Department may restore it to the accused person upon the written recommendation of the Board, unless after an investigation and a hearing, the Board determines that restoration is not in the public interest. Section 140. Surrender of license. Upon the revocation or suspension of any license, the licensee shall surrender the license to the Department and, if the licensee fails to do so, the Department shall have the right to seize the license. Section 145. Temporary suspension of a license. The Director may temporarily suspend the license of a massage therapist without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 95 of this Act, if the Director finds that the evidence in his or her possession indicates that continuation in practice would constitute an imminent danger to the public. In the event that the Director temporarily suspends the license of a massage therapist without a hearing, a hearing by the Board must be held within 30 calendar days after the suspension has occurred. Section 150. Administrative review; venue. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for relief resides; but if the party is not a resident of this State, the venue shall be in Sangamon County. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part
207 [April 5, 2001] of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. Section 155. Violations. A person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and any subsequent offense. Section 160. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. If the check or other payment was for a renewal or issuance fee and that person practices without paying the renewal fee or issuance fee and the fine due, an additional fine of $100 shall be imposed. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome. Section 165. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice massage therapy or as a massage therapist without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. Section 170. Severability. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are severable. Section 950. The Regulatory Sunset Act is amended by adding Section 4.22 as follows: (5 ILCS 80/4.22 new) Sec. 4.22. Act repealed on January 1, 2012. The following Act is repealed on January 1, 2012: The Massage Licensing Act.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2259. Having been recalled on April 4, 2001, and held
[April 5, 2001] 208 on the order of Second Reading, the same was again taken up. Representative Reitz offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2259 AMENDMENT NO. 1. Amend House Bill 2259 as follows: on page 1, line 6 by deleting "15-113,"; and on page 1, by replacing lines 20 through 26 with the following: "(d) Non-designated highways are highways in the system of State highways not designated as Class I, II, or III, or local highways which are part of any county, township, municipal, or district road system. Local authorities also may designate Class II or Class III highways within their systems of highways."; and on page 2, by deleting lines 19 through 25; and by replacing lines 12 through 34 on page 8 and lines 1 and 2 of page 9 with the following: "(e-1) A vehicle and load not exceeding 8 feet 6 inches in width is allowed access according to the following: (1) A vehicle and load not exceeding 73,280 pounds in weight is allowed access from any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of loading and unloading, provided: (A) The vehicle and load does not exceed 65 feet overall length. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare between State designated highways. (2) A vehicle and load not exceeding 73,280 pounds in weight is allowed access from any State designated highway onto any county or township highway for a distance of 5 highway miles or onto any municipal highway for a distance of one highway mile for the purpose of food, fuel, repairs, and rest, provided: (A) The vehicle and load does not exceed 65 feet overall length. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare between State designated highways. (3) A vehicle and load not exceeding 80,000 pounds in weight is allowed access from a Class I highway onto any street or highway for a distance of one highway mile for the purpose of loading, unloading, food, fuel, repairs, and rest, provided there is no sign prohibiting that access. (4) A vehicle and load not exceeding 80,000 pounds in weight is allowed access from a Class I or Class II highway onto any State highway or any locally designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest. (5) A trailer or semi-trailer not exceeding 28 feet 6 inches in length, that was originally in combination with a truck tractor, shall have unlimited access to points of loading and unloading. (6) All household goods carriers shall have unlimited access to points of loading and unloading.
209 [April 5, 2001] on page 9, line 27, after "highway", by inserting "in this State"; and on page 10, by deleting line 6; and on page 10, line 7, by replacing "(3)" with "(2)"; and on page 10, by replacing lines 22 through 24 with the following: "Vehicles operating during daylight hours when transporting poles, pipes, machinery, or other objects of a structural nature that cannot readily be dismembered are exempt from length limitations, provided that no object may exceed 80 feet in length and the overall dimension of the vehicle including the load may not exceed 100 feet. This exemption does not apply to operation on a Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section are the days on which the following traditional holidays are celebrated: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. Vehicles and loads operated by a public utility while en route to make emergency repairs to public service facilities or properties are exempt from length limitations, provided that during night operations every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps on the extreme ends of any projecting load to clearly mark the dimensions of the load. A tow truck in combination with a disabled vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations. All other combinations not listed in this subsection (b) may not exceed 60 feet overall dimension.
[April 5, 2001] 210 A tow truck in combination with a disabled vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations.
211 [April 5, 2001] prohibiting that access. (4) A vehicle and load not exceeding 80,000 pounds in weight is allowed access from a Class I or Class II highway onto any State highway or any locally designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest. (5) All household goods carriers shall have unlimited access to points of loading and unloading."; and on page 18, after line 28, by inserting the following: "(4) The distance between the kingpin and the center axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 42 feet 6 inches."; and on page 40, by replacing lines 5 through 15 with the following: "(1) A vehicle and load not exceeding 73,280 pounds in weight is allowed access from any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of loading and unloading, provided: (A) The vehicle and load does not exceed 65 feet overall length. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare between State designated highways. (2) A vehicle and load not exceeding 73,280 pounds in weight is allowed access from any State designated highway onto any county or township highway for a distance of 5 highway miles, or any municipal highway for a distance of one highway mile for the purpose of food, fuel, repairs, and rest, provided: (A) The vehicle and load does not exceed 65 feet overall length. (B) There is no sign prohibiting that access. (C) The route is not being used as a thoroughfare between State designated highways. (3) A vehicle and load not exceeding 80,000 pounds in weight is allowed access from a Class I, highway onto any street or highway for a distance of one highway mile for the purpose of loading, unloading, food, fuel, repairs, and rest, provided there is no sign prohibiting that access. (4) A vehicle and load not exceeding 80,000 pounds in weight is allowed access from a Class I, Class II, or Class III highway onto any State highway or any locally designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest."; and by deleting lines 17 through 33 of page 44, all of page 45, and lines 1 through 14 of page 46. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1887. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Environment & Energy, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 1887 AMENDMENT NO. 1. Amend House Bill 1887 by replacing all of Section 5 with the following: "Section 5. The Lead Poisoning Prevention Act is amended by changing Sections 8, 9, and 12 as follows: (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308)
[April 5, 2001] 212 Sec. 8. Inspection of buildings occupied by a person screening positive. A representative of the Department, or delegate agency, shall
213 [April 5, 2001] chips, flakes, dust or any other form of leaded substance, that can be ingested or inhaled by humans, or
[April 5, 2001] 214 offense. (b) In cases where a person is found to have mislabeled, possessed, offered for sale or transfer, sold or transferred, or given away lead-bearing substances, a representative of the Department shall confiscate the lead-bearing substances and retain the substances until they are shown to be in compliance with this Act. (c) In addition to any other penalty provided under this Act, the court in an action brought under subsection (d) may impose upon any person who violates this Act or any rule adopted under this Act, or who violates any determination or order of the Department under this Act, a civil penalty not exceeding $2,500 for each violation plus $250 for each day that the violation continues. Any civil penalties collected in a court proceeding shall be deposited into a delegated county lead poisoning screening, prevention, and abatement fund or, if no delegated county exists, into the Lead Poisoning Screening, Prevention, and Abatement Fund. (d) The State's Attorney of the county in which a violation occurs or the Attorney General may bring an action for the enforcement of this Act and the rules adopted and orders issued under this Act, in the name of the People of the State of Illinois, and may, in addition to other remedies provided in this Act, bring an action for an injunction to restrain any actual or threatened violation or to impose or collect a civil penalty for any violation. (Source: P.A. 87-175.)". Floor Amendment No. 2 remained in the Committee on Environment & Energy. Floor Amendment No. 3 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading. HOUSE BILL 3123. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Bill Mitchell offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3123 AMENDMENT NO. 1. Amend House Bill 3123 on page 1, immediately below line 8, by inserting the following: ""Active paid on-call firefighter" means a member of an active volunteer fire department who has had basic training as defined in subsection f of Section 2 of the Illinois Fire Protection Training Act and in the past 12 months has (i) participated in all required training exercises, (ii) has responded to a fire or other emergency call, and (iii) has received a form of monetary compensation for each emergency situation he or she has responded to. "Active volunteer fire department" means a fire department that is staffed by volunteers for the purpose of combating fires. "Active volunteer firefighter" means a member of an active volunteer fire department who has had basic training as defined in subsection f of Section 2 of the Illinois Fire Protection Training Act and in the past 12 months has (i) participated in all required training exercises and (ii) has responded to a fire or other emergency call. "Fees" means matriculation, graduation, activity, term, or incidental fees. Exemption shall not be granted from any other fees, including book rental, service, laboratory, supply, and union building fees, hospital and medical insurance fees, and any fees established for the operation and maintenance of buildings, the income of which is pledged to the payment of interest and principal on bonds issued by the governing board of any university or community college."; and on page 1, by deleting lines 24 through 31; and
215 [April 5, 2001] on page 2, line 1, by replacing "Any" with "Subject to the limitations provided in this Section, any"; and on page 2, line 2, by replacing "volunteer or paid on-call firefighter" with "volunteer, paid on-call, or full-time firefighter with a fire department in a municipality with a population of less than 5,000"; and on page 2, lines 10 and 11, by replacing "volunteer or paid on-call firefighter." with "volunteer, paid on-call, or full-time firefighter with that fire department. However, not more than 2 grants per year may be awarded to firefighters within the same fire department."; and on page 2, lines 12 and 13, by replacing "volunteer or paid on-call firefighter" with "volunteer, paid on-call, or full-time firefighter with the fire department that he or she was with to qualify for the grant"; and on page 2, line 15, by replacing "volunteer or paid on-call firefighter" with "volunteer, paid on-call, or full-time firefighter with that fire department"; and on page 2, immediately below line 19, by inserting the following: "Before receiving grant assistance under this Section for any academic year, each grant recipient shall be required by the Commission to sign an agreement under which the recipient pledges that he or she (i) shall remain an active volunteer, paid on-call, or full-time firefighter with the fire department that he or she was with to qualify for the grant for a period of not less than one year for each year of grant assistance that he or she receives under this Section and (ii) shall, upon request by the Commission, provide the Commission with evidence that he or she is fulfilling or has fulfilled this obligation. If the recipient fails to fulfill this obligation, then the Commission shall require the recipient to repay the amount of the grant assistance received, prorated according to the fraction of the obligation not completed, at a rate of interest equal to 5%, and, if applicable, to pay reasonable collection fees. A recipient who is enrolled in an institution of higher learning shall not be required to commence repayment so long as he or she remains enrolled in an institution of higher learning on a full-time basis or if he or she can document for the Commission special circumstances that warrant extension of the time before repayment is required. The Commission is authorized to establish rules relating to its collection activities for repayment of grant assistance under this Section. All repayments collected under this Section shall be forwarded to the State Comptroller for deposit into the General Revenue Fund. A recipient shall not be considered in violation of the agreement entered into pursuant to this subsection (b) if the recipient (i) is serving as a member of the armed services of the United States, for a period of time not to exceed 3 years, (ii) is temporarily totally disabled, for a period of time not to exceed 3 years, as established by sworn affidavit of a qualified physician, or (iii) becomes permanently totally disabled, as established by sworn affidavit of a qualified physician.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 3538. Having been read by title a second time on March 27, 2001, and held on the order of Second Reading, the same was again taken up. Representative Granberg offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 3538 AMENDMENT NO. 2. Amend House Bill 3538, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by changing
[April 5, 2001] 216 Section 5-5.4 as follows: (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) Sec. 5-5.4. Standards of Payment - Department of Public Aid. The Department of Public Aid shall develop standards of payment of skilled nursing and intermediate care services in facilities providing such services under this Article which: (1) Provides for the determination of a facility's payment for skilled nursing and intermediate care services on a prospective basis. The amount of the payment rate for all nursing facilities certified under the medical assistance program shall be prospectively established annually on the basis of historical, financial, and statistical data reflecting actual costs from prior years, which shall be applied to the current rate year and updated for inflation, except that the capital cost element for newly constructed facilities shall be based upon projected budgets. The annually established payment rate shall take effect on July 1 in 1984 and subsequent years. Rate increases shall be provided annually thereafter on July 1 in 1984 and on each subsequent July 1 in the following years, except that no rate increase and no update for inflation shall be provided on or after July 1, 1994 and before July 1, 2001, unless specifically provided for in this Section. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 1998 shall include an increase of 3%. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, the rates taking effect on July 1, 1998 shall include an increase of 3% plus $1.10 per resident-day, as defined by the Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 1999 shall include an increase of 1.6% plus $3.00 per resident-day, as defined by the Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, the rates taking effect on July 1, 1999 shall include an increase of 1.6% and, for services provided on or after October 1, 1999, shall be increased by $4.00 per resident-day, as defined by the Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 2000 shall include an increase of 2.5% per resident-day, as defined by the Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, the rates taking effect on July 1, 2000 shall include an increase of 2.5% per resident-day, as defined by the Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the rates taking effect on July 1, 2001 and each subsequent July 1 shall be computed using the most recent cost reports filed with the Department of Public Aid no later than April 1 of the prior year. For rates effective July 1, 2001 only, rates shall be the greater of the rate computed for July 1, 2001 or the rate effective on June 30, 2001. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, a new payment methodology must be implemented for the nursing component of the rate effective January 1, 2002. The Department of Public Aid shall develop the new payment methodology using the federal Minimum Data Set (MDS) as the instrument to collect information concerning nursing home resident condition necessary to compute the rate. The new payment methodology must be developed to meet the unique needs of Illinois nursing home residents. Rates based on the new
217 [April 5, 2001] payment methodology must be phased in over a 4-year period using a blend of the rate based on the nursing rate payment methodology in effect on December 31, 2001 and the new payment methodology effective January 1, 2002 as follows: (A) For rates effective January 1, 2002 through December 31, 2002, the nursing component of the rate must be comprised of a blend of 75% of the rate based on the payment methodology in effect on December 31, 2001 and 25% of the rate in effect on January 1, 2002. (B) For rates effective January 1, 2003 through December 31, 2003, the nursing component of the rate must be comprised of a blend of 50% of the rate based on the payment methodology in effect on December 31, 2001 and 50% of the rate in effect on January 1, 2002. (C) For rates effective January 1, 2004 through December 31, 2004, the nursing component of the rate must be comprised of a blend of 25% of the rate based on the payment methodology in effect on December 31, 2001 and 75% of the rate in effect on January 1, 2002. (D) For rates effective January 1, 2005 and thereafter, the nursing component of the rate must be comprised of 100% of the rate based on the payment methodology in effect on January 1, 2002. Rates established effective each July 1 shall govern payment for services rendered throughout that fiscal year, except that rates established on July 1, 1996 shall be increased by 6.8% for services provided on or after January 1, 1997. Such rates will be based upon the rates calculated for the year beginning July 1, 1990, and for subsequent years thereafter shall be based on the facility cost reports for the facility fiscal year ending at any point in time during the previous calendar year, updated to the midpoint of the rate year, except that rates effective July 1, 2001 and thereafter shall be updated for inflation to January 1 of the current calendar year. The cost report shall be on file with the Department no later than April 1 of the current rate year. Should the cost report not be on file by April 1, the Department shall base the rate on the latest cost report filed by each skilled care facility and intermediate care facility, updated to the midpoint of the current rate year. In determining rates for services rendered on and after July 1, 1985, fixed time shall not be computed at less than zero. The Department shall not make any alterations of regulations which would reduce any component of the Medicaid rate to a level below what that component would have been utilizing in the rate effective on July 1, 1984. (2) Shall take into account the actual costs incurred by facilities in providing services for recipients of skilled nursing and intermediate care services under the medical assistance program. (3) Shall take into account the medical and psycho-social characteristics and needs of the patients. (4) Shall take into account the actual costs incurred by facilities in meeting licensing and certification standards imposed and prescribed by the State of Illinois, any of its political subdivisions or municipalities and by the U.S. Department of Health and Human Services pursuant to Title XIX of the Social Security Act. The Department of Public Aid shall develop precise standards for payments to reimburse nursing facilities for any utilization of appropriate rehabilitative personnel for the provision of rehabilitative services which is authorized by federal regulations, including reimbursement for services provided by qualified therapists or qualified assistants, and which is in accordance with accepted professional practices. Reimbursement also may be made for utilization of other supportive personnel under appropriate supervision. (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, eff. 7-1-99; 91-712, eff. 7-1-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered
[April 5, 2001] 218 printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 774. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendments numbered 1 and 2 remained in the Committee on Rules. Representative Persico offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 774 AMENDMENT NO. 3. Amend House Bill 774 by replacing everything after the enacting clause with the following: "Section 5. The Trusts and Trustees Act is amended by adding Section 5.3 as follows: (760 ILCS 5/5.3 new) Sec. 5.3. Investing for total return. With the consent of the beneficiaries then entitled to receive or eligible to have the benefit of the income, and in the absence of specific direction to the contrary by the settlor in the trust document, a trustee may, but is not required to, invest for total return. A trustee invests for total return when the trustee, exercising reasonable business judgment, invests the trust's portfolio with the object of increasing the total return from the trust's investments expected over the life of the trust without regard to whether the return takes the form of current income or capital gain. If a trustee invests for total return, the income of the trust shall be credited with income from the trust's investments in accordance with the Principal and Income Act, and shall also be credited, first from realized capital gain, and then from unrealized capital gain, but only to the extent either gain exists, with the additional income amount. As used in this Section, "additional income amount" means the amount of additional trust accounting income, if any, that would have been earned by the trust had the trustee invested without regard to a total return approach and the trust's portfolio had been allocated among asset classes solely in accordance with the duty to balance the needs of income beneficiaries for trust accounting income and the interests of remaindermen in growth of principal. In determining the amount of additional trust accounting income that would have been generated from the portfolio allocation, the trustee may use the average current income return for market indices that are customarily used by trustees in the measurement of investment performance for each such asset class. The trustee shall credit the income of the trust with the additional income amount within a reasonable time after the close of the trust's tax year, and shall calculate realized and unrealized capital gains as of the close of the trust's tax year on average over the 3 preceding tax years (or, if the trust has existed for less than 3 years, over the lesser number of years). A trustee's judgment concerning any portfolio allocation, any additional income amount, or investing for total return under this Section may be challenged if it was an abuse of discretion. A court may determine that a trustee abused its discretion only if the trustee's judgment was inconsistent with the prudent investor rule, but not merely because the court would have made a different judgment. A beneficiary who challenges a trustee's judgment has the burden of establishing that it was an abuse of discretion. A trustee shall notify the primary beneficiaries, as defined in Section 16.1 of this Act, of its election to invest for total return
219 [April 5, 2001] and the election shall remain in effect until revoked by a notice from the trustee to the then primary beneficiaries.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1954. Having been recalled on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1954 AMENDMENT NO. 1. Amend House Bill 1954 by replacing everything after the enacting clause with the following: "Section 5. The Health Care Professional Credentials Data Collection Act is amended by changing Sections 15, 20, and 25 as follows: (410 ILCS 517/15) Sec. 15. Development and use of uniform health care and hospital credentials forms. (a) The Department, in consultation with the council, shall by rule establish: (1) a uniform health care credentials form that shall include the credentials data commonly requested by health care entities and health care plans for purposes of credentialing and shall minimize the need for the collection of additional credentials data; (2) a uniform health care recredentials form that shall include the credentials data commonly requested by health care entities and health care plans for purposes of recredentialing and shall minimize the need for the collection of additional credentials data; (3) a uniform hospital credentials form that shall include the credentials data commonly requested by hospitals for purposes of credentialing and shall minimize the need for the collection of additional credentials data; (4) a uniform hospital recredentials form that shall include the credentials data commonly requested by hospitals for purposes of recredentialing and shall minimize the need for collection of additional credentials data; and (5) uniform updating forms. (b) The uniform forms established in subsection (a) shall be coordinated to reduce the need to provide redundant information. Further, the forms shall be made available in both paper and electronic formats. (c) The Department, in consultation with the council, shall establish by rule a date after which an electronic format may be required by a health care entity, a health care plan, or a hospital, and a health care professional may require acceptance of an electronic format by a health care entity, a health care plan, or a hospital. (d) Beginning January
[April 5, 2001] 220 medical or health care services and requires health care professionals to be credentialed or recredentialed shall for purposes of collecting credentials data only require: (1) the uniform hospital credentials form; (2) the uniform hospital recredentials form; (3) the uniform updating forms; and (4) any additional credentials data requested. (f) Each health care entity and health care plan shall complete the process of verifying a health care professional's credentials data in a timely fashion and shall complete the process of credentialing or recredentialing of the health care professional within 60 days after submission of all credentials data and completion of verification of the credentials data. (g) Each health care professional shall provide any corrections, updates, and modifications to his or her credentials data to ensure that all credentials data on the health care professional remains current. Such corrections, updates, and modifications shall be provided within 5 business days for State health care professional license revocation, federal Drug Enforcement Agency license revocation, Medicare or Medicaid sanctions, revocation of hospital privileges, any lapse in professional liability coverage required by a health care entity, health care plan, or hospital, or conviction of a felony, and within 45 days for any other change in the information from the date the health care professional knew of the change. All updates shall be made on the uniform updating forms developed by the Department. (h) Any credentials data collected or obtained by the health care entity, health care plan, or hospital shall be confidential, as provided by law, and otherwise may not be redisclosed without written consent of the health care professional, except that in any proceeding to challenge credentialing or recredentialing, or in any judicial review, the claim of confidentiality shall not be invoked to deny a health care professional, health care entity, health care plan, or hospital access to or use of credentials data. Nothing in this Section prevents a health care entity, health care plan, or hospital from disclosing any credentials data to its officers, directors, employees, agents, subcontractors, medical staff members, any committee of the health care entity, health care plan, or hospital involved in the credentialing process, or accreditation bodies or licensing agencies. However, any redisclosure of credentials data contrary to this Section is prohibited. (i) Nothing in this Act shall be construed to restrict the right of any health care entity, health care plan or hospital to request additional information necessary for credentialing or recredentialing. (j) Nothing in this Act shall be construed to restrict in any way the authority of any health care entity, health care plan or hospital to approve, suspend or deny an application for hospital staff membership, clinical privileges, or managed care network participation. (k) Nothing in this Act shall be construed to prohibit delegation of credentialing and recredentialing activities as long as the delegated entity follows the requirements set forth in this Act. (l) Nothing in this Act shall be construed to require any health care entity or health care plan to credential or survey any health care professional. (Source: P.A. 91-602, eff. 8-16-99.) (410 ILCS 517/20) Sec. 20. Single credentialing cycle. (a) The Department, in consultation with the council, shall by rule establish a single credentialing cycle. The single credentialing cycle shall be based on a specific variable or variables. To the extent possible the single credentialing cycle shall be established to ensure that the credentials data of all health care professionals in a group or at a single site are collected during the same time period. However, nothing in this Act shall be construed to require the single credentialing cycle to be established to ensure that the credentials data of all health care professionals in a group or at a single site are collected during the same time period.
221 [April 5, 2001] (b) Beginning July 1, 2002
[April 5, 2001] 222 AMENDMENT NO. 1 TO HOUSE BILL 1356 AMENDMENT NO. 1. Amend House Bill 1356 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Sections 21-2 and 21-14 and adding Sections 1.09b, 1.09c, and 6.03 as follows: (105 ILCS 5/14-1.09b new) Sec. 14-1.09b. Speech-language pathologist. "Speech-language pathologist" means a person who has received a license pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act to engage in the practice of speech-language pathology. (105 ILCS 5/14-1.09c new) Sec. 14-1.09c. Speech-language pathology assistant. "Speech-language pathology assistant" means a person who has received a license to assist a speech-language pathologist pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act. (105 ILCS 5/14-6.03 new) Sec. 14-6.03. Speech-language pathology assistants. (a) Except as otherwise provided in this subsection, on or after January 1, 2002, no person shall perform the duties of a speech-language pathology assistant without first applying for and receiving a license for that purpose from the Department of Professional Regulation. Before January 1, 2004, however, any person holding a bachelor's degree in communication disorders who has been approved by the State Board of Education on or after the effective date of this amendatory Act of the 92nd General Assembly to perform the functions and duties of a speech-language pathology assistant may perform those functions and duties without obtaining a license as a speech-language pathology assistant pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act. A person employed as a speech-language pathology assistant in any class, service, or program authorized by this Article may perform only those duties authorized by this Section under the supervision of a speech-language pathologist as provided in this Section. (b) A speech-language pathology assistant may not be assigned his or her own student caseload. The student caseload limit of a speech-language pathologist who supervises any speech-language pathology assistants shall be determined by the severity of the needs of the students served by the speech-language pathologist. A full-time speech-language pathologist's caseload limit may not exceed 80 students (60 students on or after September 1, 2003) at any time. The caseload limit of a part-time speech-language pathologist shall be determined by multiplying the caseload limit of a full-time speech-language pathologist by a percentage that equals the number of hours worked by the part-time speech-language pathologist divided by the number of hours worked by a full-time speech-language pathologist in that school district. Employment of a speech-language pathology assistant may not increase or decrease the caseload of the supervising speech-language pathologist. (c) A school district that intends to utilize the services of a speech-language pathology assistant must provide written notification to the parent or guardian of each student who will be served by a speech-language pathology assistant. (d) The scope of responsibility of a speech-language pathology assistant shall be limited to supplementing the role of the speech-language pathologist in implementing the treatment program established by a speech-language pathologist. The functions and duties of a speech-language pathology assistant shall be limited to the following: (1) Conducting speech-language screening, without interpretation, and using screening protocols selected by the supervising speech-language pathologist. (2) Providing direct treatment assistance to students under the supervision of a speech-language pathologist. (3) Following and implementing documented treatment plans or protocols developed by a supervising speech-language pathologist.
223 [April 5, 2001] (4) Documenting student progress toward meeting established objectives, and reporting the information to a supervising speech-language pathologist. (5) Assisting a speech-language pathologist during assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist. (6) Acting as an interpreter for non-English speaking students and their family members when competent to do so. (7) Scheduling activities and preparing charts, records, graphs, and data. (8) Performing checks and maintenance of equipment, including, but not limited to, augmentative communication devices. (9) Assisting with speech-language pathology research projects, in-service training, and family or community education. (e) A speech-language pathology assistant may not: (1) perform standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results; (2) screen or diagnose students for feeding or swallowing disorders; (3) participate in parent conferences, case conferences, or any interdisciplinary team without the presence of the supervising speech-language pathologist; (4) provide student or family counseling; (5) write, develop, or modify a student's individualized treatment plan; (6) assist with students without following the individualized treatment plan prepared by the supervising speech-language pathologist; (7) sign any formal documents, such as treatment plans, reimbursement forms, or reports; (8) select students for services; (9) discharge a student from services; (10) disclose clinical or confidential information, either orally or in writing, to anyone other than the supervising speech-language pathologist; (11) make referrals for additional services; (12) counsel or consult with the student, family, or others regarding the student's status or service; (13) represent himself or herself to be a speech-language pathologist or a speech therapist; (14) use a checklist or tabulate results of feeding or swallowing evaluations; or (15) demonstrate swallowing strategies or precautions to students, family, or staff. (f) A speech-language pathology assistant shall practice only under the supervision of a speech-language pathologist who has at least 2 years experience in addition to the supervised professional experience required under subsection (f) of Section 8 of the Illinois Speech-Language Pathology and Audiology Practice Act. A speech-language pathologist who supervises a speech-language pathology assistant must have completed at least 10 clock hours of training in the supervision of speech-language pathology assistants. The State Board of Education shall promulgate rules describing the supervision training requirements. The rules may allow a speech-language pathologist to apply to the State Board of Education for an exemption from this training requirement based upon prior supervisory experience. (g) A speech-language pathology assistant must be under the direct supervision of a speech-language pathologist at least 30% of the speech-language pathology assistant's actual student contact time per student for the first 90 days of initial employment as a speech-language pathology assistant. Thereafter, the speech-language pathology assistant must be under the direct supervision of a speech-language pathologist at least 20% of the speech-language pathology assistant's actual student contact time per student. Supervision of a speech-language pathology assistant beyond the minimum
[April 5, 2001] 224 requirements of this subsection may be imposed at the discretion of the supervising speech-language pathologist. A supervising speech-language pathologist must be available to communicate with a speech-language pathology assistant whenever the assistant is in contact with a student. (h) A speech-language pathologist that supervises a speech-language pathology assistant must document direct supervision activities. At a minimum, supervision documentation must provide (i) information regarding the quality of the speech-language pathology assistant's performance of assigned duties and (ii) verification that clinical activity is limited to duties specified in this Section. (i) A full-time speech-language pathologist may supervise no more than 2 speech-language pathology assistants. A speech-language pathologist that does not work full-time may supervise no more than one speech-language pathology assistant. (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: 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. A speech-language pathologist or audiologist who has met the continuing education requirements of the Illinois Speech-Language Pathology and Audiology Practice Act and rules promulgated under that Act shall be deemed to have satisfied the continuing professional development requirements established by the State Board of Education and the Teacher Certification Board to obtain an Initial Teaching Certificate or to obtain or renew a Standard Certificate or a Master Certificate. (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
225 [April 5, 2001] 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 who have successfully achieved National Board certification through the National Board for Professional Teaching Standards and speech-language pathologists or audiologists who have been granted the Certificate of Clinical Competence by the American Speech-Language Hearing Association 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. However, each teacher who holds a Master Certificate shall be eligible for a teaching position in this State in the areas for which he or she holds a Master Certificate without satisfying any other requirements of this Code, except for those requirements pertaining to criminal background checks. A teacher who holds a Master Certificate shall be deemed to meet State certification renewal requirements in the area or areas for which he or she holds a Master Certificate for the 10-year term of the teacher's Master Certificate. (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff. 1-26-99; 91-102, eff. 7-12-99; 91-606, eff. 8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.) (105 ILCS 5/21-14) (from Ch. 122, par. 21-14) Sec. 21-14. Registration and renewal of certificates. (a) A limited four-year certificate or a certificate issued after July 1, 1955, shall be renewable at its expiration or within 60 days thereafter by the county superintendent of schools having supervision and control over the school where the teacher is teaching upon certified evidence of meeting the requirements for renewal as required by this Act and prescribed by the State Board of Education in consultation with the State Teacher Certification Board. An elementary supervisory certificate shall not be renewed at the end of the first four-year period covered by the certificate unless the holder thereof has filed certified evidence with the State Teacher Certification Board that he has a master's degree or that he has earned 8 semester hours of credit in the field of educational administration and supervision in a recognized institution of higher learning. The holder shall continue to earn 8 semester hours of credit each four-year period until such time as he has earned a master's degree. All certificates not renewed or registered as herein provided shall lapse after a period of 5 years from the expiration of the last year of registration. Such certificates may be reinstated for a one year period upon payment of all accumulated registration fees. Such reinstated certificates shall only be renewed: (1) by earning 5 semester hours of credit in a recognized institution of higher learning in the field of professional education or in courses related to the holder's contractual teaching duties; or (2) by presenting evidence of
[April 5, 2001] 226 holding a valid regular certificate of some other type. Any certificate may be voluntarily surrendered by the certificate holder. A voluntarily surrendered certificate shall be treated as a revoked certificate. (b) When those teaching certificates issued before February 15, 2000 are renewed for the first time after February 15, 2000, all such teaching certificates shall be exchanged for Standard Teaching Certificates as provided in subsection (c) of Section 21-2. All Initial and Standard Teaching Certificates, including those issued to persons who previously held teaching certificates issued before February 15, 2000, shall be renewable under the conditions set forth in this subsection (b). Initial Teaching Certificates are nonrenewable and are valid for 4 years of teaching. Standard Teaching Certificates are renewable every 5 years as provided in subsection (c) of Section 21-2 and subsection (c) of this Section. For purposes of this Section, "teaching" is defined as employment and performance of services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, in a certificated teaching position, or a charter school operating in compliance with the Charter Schools Law. (c) In compliance with subsection (c) of Section 21-2 of this Code, which provides that a Standard Teaching Certificate may be renewed by the State Teacher Certification Board based upon proof of continuing professional development, the State Board of Education and the State Teacher Certification Board shall jointly: (1) establish a procedure for renewing Standard Teaching Certificates, which shall include but not be limited to annual timelines for the renewal process and the components set forth in subsections (d) through (k) of this Section; (2) establish the standards for certificate renewal; (3) approve the providers of continuing professional development activities; (4) determine the maximum credit for each category of continuing professional development activities, based upon recommendations submitted by a continuing professional development activity task force, which shall consist of 6 staff members from the State Board of Education, appointed by the State Superintendent of Education, and 6 teacher representatives, 3 of whom are selected by the Illinois Education Association and 3 of whom are selected by the Illinois Federation of Teachers; (5) designate the type and amount of documentation required to show that continuing professional development activities have been completed; and (6) provide, on a timely basis to all Illinois teachers, certificate holders, regional superintendents of schools, school districts, and others with an interest in continuing professional development, information about the standards and requirements established pursuant to this subsection (c). (d) Any Standard Teaching Certificate held by an individual employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control in a certificated teaching position or a charter school in compliance with the Charter Schools Law must be maintained Valid and Active through certificate renewal activities specified in the certificate renewal procedure established pursuant to subsection (c) of this Section, provided that a holder of a Valid and Active certificate who is only employed on either a part-time basis or day-to-day basis as a substitute teacher shall pay only the required registration fee to renew his or her certificate and maintain it as Valid and Active. All other Standard Teaching Certificates held may be maintained as Valid and Exempt through the registration process provided for in the certificate renewal procedure established pursuant to subsection (c) of this Section. A Valid and Exempt certificate must be immediately activated, through procedures developed jointly by the State Board of
227 [April 5, 2001] Education and the State Teacher Certification Board, upon the certificate holder becoming employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control in a certificated teaching position or a charter school operating in compliance with the Charter Schools Law. A holder of a Valid and Exempt certificate may activate his or her certificate through procedures provided for in the certificate renewal procedure established pursuant to subsection (c) of this Section. (e)(1) A Standard Teaching Certificate that has been maintained as Valid and Active for the 5 years of the certificate's validity shall be renewed as Valid and Active upon the certificate holder: (i) completing at least 8 semester hours of coursework as described in subdivision (A) of paragraph (3) of this subsection (e); (ii) earning at least 24 continuing education units as described in subdivision (B) of paragraph (3) of this subsection (e); (iii) completing the National Board for Professional Teaching Standards process as described in subdivision (C) of paragraph (3) of this subsection (e); or (iv) earning 120 continuing professional development units ("CPDU") as described in subdivision (D) of paragraph (3) of this subsection (e). The maximum continuing professional development units for each continuing professional development activity identified in subdivisions (E) through (I) of paragraph (3) of this subsection (e) shall be jointly determined by the State Board of Education and the State Teacher Certification Board. If, however, the certificate holder has maintained the certificate as Valid and Exempt for a portion of the 5-year period of validity, the number of continuing professional development units needed to renew the certificate as Valid and Active shall be proportionately reduced by the amount of time the certificate was Valid and Exempt. Furthermore, if a certificate holder is employed and performs teaching services on a part-time basis for all or a portion of the certificate's 5-year period of validity, the number of continuing professional development units needed to renew the certificate as Valid and Active shall be reduced by 50% for the amount of time the certificate holder has been employed and performed teaching services on a part-time basis. Part-time shall be defined as less than 50% of the school day or school term. (2) Each Valid and Active Standard Teaching Certificate holder shall develop a certificate renewal plan for satisfying the continuing professional development requirement provided for in subsection (c) of Section 21-2 of this Code. Certificate holders with multiple certificates shall develop a certificate renewal plan that addresses only that certificate or those certificates that are required of his or her certificated teaching position, if the certificate holder is employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, or that certificate or those certificates most closely related to his or her teaching position, if the certificate holder is employed in a charter school. Except as otherwise provided in this subsection (e), a certificate renewal plan shall include a minimum of 3 individual improvement goals developed by the certificate holder and shall reflect purposes (A), (B), and (C) and may reflect purpose (D) of the following continuing professional development purposes: (A) Advance both the certificate holder's knowledge and skills as a teacher consistent with the Illinois Professional Teaching Standards and the Illinois Content Area Standards in the certificate holder's areas of certification, endorsement, or teaching assignment in order to keep the certificate holder current in those areas. (B) Develop the certificate holder's knowledge and skills in areas determined to be critical for all Illinois teachers, as defined by the State Board of Education, known as "State priorities". (C) Address the knowledge, skills, and goals of the certificate holder's local school improvement plan, if the teacher is employed in an Illinois public or State-operated elementary
[April 5, 2001] 228 school, secondary school, or cooperative or joint agreement with a governing body or board of control. (D) Expand knowledge and skills in an additional teaching field or toward the acquisition of another teaching certificate, endorsement, or relevant education degree. A certificate renewal plan must include a description of how these goals are to be achieved and an explanation of selected continuing professional development activities to be completed, each of which must meet one or more of the continuing professional development purposes specified in this paragraph (2). The plan shall identify potential activities and include projected timelines for those activities that will assure completion of the plan before the expiration of the 5-year validity of the Standard Teaching Certificate. Except as otherwise provided in this subsection (e), at least 50% of continuing professional development units must relate to purposes (A) and (B) set forth in this paragraph (2): the advancement of a certificate holder's knowledge and skills as a teacher consistent with the Illinois Professional Teaching Standards and the Illinois Content Area Standards in the certificate holder's areas of certification, endorsement, or teaching assignment in order to keep the certificate holder current in those areas and the development of a certificate holder's knowledge and skills in the State priorities that exist at the time the certificate renewal plan is developed. (3) Continuing professional development activities included in a certificate renewal plan may include, but are not limited to, the following activities: (A) at least 8 semester hours of coursework in an approved education-related program, of which at least 2 semester hours relate to the continuing professional development purpose set forth in purpose (A) of paragraph (2) of this subsection (e), provided that such a plan need not include any other continuing professional development activities nor reflect or contain activities related to the other continuing professional development purposes set forth in paragraph (2) of this subsection (e); (B) continuing education units that satisfy the continuing professional development purposes set forth in paragraph (2) of this subsection (e), with each continuing education unit equal to 5 clock hours, provided that a plan that includes at least 24 continuing education units (or 120 clock/contact hours) need not include any other continuing professional development activities; (C) completion of the National Board of Professional Teaching Standards ("NBPTS") process, provided that a plan that includes completion of the NBPTS process need not include any other continuing professional development activities nor reflect or contain activities related to the continuing professional development purposes set forth in paragraph (2) of subsection (e) of this Section; (D) completion of 120 continuing professional development units that satisfy the continuing professional development purposes set forth in paragraph (2) of this subsection (e) and may include without limitation the activities identified in subdivisions (E) through (I) of this paragraph (3); (E) collaboration and partnership activities related to improving the teacher's knowledge and skills as a teacher, including the following: (i) participating on collaborative planning and professional improvement teams and committees; (ii) peer review and coaching; (iii) mentoring in a formal mentoring program, including service as a consulting teacher participating in a remediation process formulated under Section 24A-5 of this Code; (iv) participating in site-based management or decision making teams, relevant committees, boards, or task forces directly related to school improvement plans; (v) coordinating community resources in schools, if the project is a specific goal of the school improvement plan;
229 [April 5, 2001] (vi) facilitating parent education programs for a school, school district, or regional office of education directly related to student achievement or school improvement plans; (vii) participating in business, school, or community partnerships directly related to student achievement or school improvement plans; (viii) supervising a student teacher or teacher education candidate in clinical supervision, provided that the supervision may only be counted once during the course of 5 years; (F) college or university coursework related to improving the teacher's knowledge and skills as a teacher as follows: (i) completing undergraduate or graduate credit earned from a regionally accredited institution in coursework relevant to the certificate area being renewed, provided the coursework meets Illinois Professional Teaching Standards or Illinois Content Area Standards and supports the essential characteristics of quality professional development; or (ii) teaching college or university courses in areas relevant to the certificate area being renewed, provided that the teaching may only be counted once during the course of 5 years; (G) conferences, workshops, institutes, seminars, and symposiums related to improving the teacher's knowledge and skills as a teacher, including the following: (i) completing non-university credit directly related to student achievement, school improvement plans, or State priorities; (ii) participating in or presenting at workshops, seminars, conferences, institutes, and symposiums; (iii) training as external reviewers for Quality Assurance; (iv) training as reviewers of university teacher preparation programs; (H) other educational experiences related to improving the teacher's knowledge and skills as a teacher, including the following: (i) participating in action research and inquiry projects; (ii) observing programs or teaching in schools, related businesses, or industry that is systematic, purposeful, and relevant to certificate renewal; (iii) traveling related to ones teaching assignment, directly related to student achievement or school improvement plans and approved at least 30 days prior to the travel experience, provided that the traveling shall not include time spent commuting to destinations where the learning experience will occur; (iv) participating in study groups related to student achievement or school improvement plans; (v) serving on a statewide education-related committee, including but not limited to the State Teacher Certification Board, State Board of Education strategic agenda teams, or the State Advisory Council on Education of Children with Disabilities; (vi) participating in work/learn programs or internships;
[April 5, 2001] 230 (iii) participating on external or internal school or school district review teams; (iv) publishing educational articles, columns, or books relevant to the certificate area being renewed; or (v) participating in non-strike related professional association or labor organization service or activities related to professional development; or
231 [April 5, 2001] holder has not met the requirements of his or her certificate renewal plan; (7) issue and forward recommendations for renewal or nonrenewal of certificate holders' Standard Teaching Certificates to the appropriate regional superintendent of schools, based upon whether certificate holders have met the requirements of their approved certificate renewal plans, with 30-day written notice of its recommendation provided to the certificate holder prior to forwarding the recommendation to the regional superintendent of schools, provided that if the local professional development committee's recommendation is for certificate nonrenewal, the written notice provided to the certificate holder shall include a return receipt; and (8) reconsider its recommendation of certificate nonrenewal, upon request of the certificate holder within 30 days of receipt of written notification that the local professional development committee will make such a recommendation, and forward to the regional superintendent of schools its recommendation within 30 days of receipt of the certificate holder's request. Each local professional development committee shall consist of at least 3 classroom teachers; one superintendent or chief administrator of the school district, charter school, or cooperative or joint agreement or his or her designee; and one at-large member who shall be either (i) a parent, (ii) a member of the business community, (iii) a community member, or (iv) an administrator, with preference given to an individual chosen from among those persons listed in items (i), (ii), and (iii) in order to secure representation of an interest not already represented on the committee. If mutually agreed upon by the school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any, additional members may be added to a local professional development committee, provided that a majority of members are classroom teachers. The school district, charter school, or governing body or board of control of a cooperative or joint agreement and its exclusive representative, if any, shall determine the term of service of the members of a local professional development committee. All individuals selected to serve on local professional development committees must be known to demonstrate the best practices in teaching or their respective field of practice. The exclusive representative, if any, shall select the classroom teacher members of the local professional development committee. If no exclusive representative exists, then the classroom teacher members of a local professional development committee shall be selected by the classroom teachers that come within the local professional development committee's authority. The school district, charter school, or governing body or board of control of a cooperative or joint agreement shall select the 2 non-classroom teacher members (the superintendent or chief administrator of the school district, charter school, or cooperative or joint agreement or his or her designee and the at-large member) of a local professional development committee. Vacancies in positions on a local professional development committee shall be filled in the same manner as the original selections. The members of a local professional development committee shall select a chairperson. Local professional development committee meetings shall be scheduled so as not to interfere with committee members' regularly scheduled teaching duties, except when otherwise permitted by the policies of or agreed to or approved by the school district, charter school, or governing body or board of control of a cooperative or joint agreement, or its designee. The board of education or governing board shall convene the first meeting of the local professional development committee. All actions taken by the local professional development committee shall require that a majority of committee members be present, and no committee action may be taken unless 50% or more of those present are teacher members. The State Board of Education and the State Teacher Certification
[April 5, 2001] 232 Board shall jointly provide local professional development committee members with a training manual, and the members shall certify that they have received and read the manual. Notwithstanding any other provisions of this subsection (f), for a teacher employed and performing services in a nonpublic or State-operated elementary or secondary school, all references to a local professional development committee shall mean the regional superintendent of schools of the regional office of education for the geographic area where the teaching is done. (g)(1) Each regional superintendent of schools shall review and concur or nonconcur with each recommendation for renewal or nonrenewal of a Standard Teaching Certificate he or she receives from a local professional development committee or, if a certificate holder appeals the recommendation to the regional professional development review committee, the recommendation for renewal or nonrenewal he or she receives from a regional professional development review committee and, within 14 days of receipt of the recommendation, shall provide the State Teacher Certification Board with verification of the following, if applicable: (A) a certificate renewal plan was filed and approved by the appropriate local professional development committee; (B) the professional development and continuing education activities set forth in the approved certificate renewal plan have been satisfactorily completed; (C) the local professional development committee has recommended the renewal of the certificate holder's Standard Teaching Certificate and forwarded the recommendation, along with all supporting documentation as jointly required by the State Board of Education and the State Teacher Certification Board, to the regional superintendent of schools; (D) the certificate holder has appealed his or her local professional development committee's recommendation of nonrenewal to the regional professional development review committee and the result of that appeal; (E) the regional superintendent of schools has concurred or nonconcurred with the local professional development committee's or regional professional development review committee's recommendation to renew or nonrenew the certificate holder's Standard Teaching Certificate and made a recommendation to that effect; and (F) the established registration fee for the Standard Teaching Certificate has been paid. At the same time the regional superintendent of schools provides the State Teacher Certification Board with the notice required by this subsection (g), he or she shall also notify the certificate holder in writing that this notice has been provided to the State Teacher Certification Board, provided that if the notice provided by the regional superintendent of schools to the State Teacher Certification Board includes a recommendation of certificate nonrenewal, the written notice provided to the certificate holder shall be by certified mail, return receipt requested. (2) Each certificate holder shall have the right to appeal his or her local professional development committee's recommendation of nonrenewal to the regional professional development review committee, within 14 days of receipt of notice that the recommendation has been sent to the regional superintendent of schools. Each regional superintendent of schools shall establish a regional professional development review committee or committees for the purpose of advising the regional superintendent of schools, upon request, and handling certificate holder appeals. This committee shall consist of at least 4 classroom teachers, one non-administrative certificated educational employee, 2 administrators, and one at-large member who shall be either (i) a parent, (ii) a member of the business community, (iii) a community member, or (iv) an administrator, with preference given to an individual chosen from among those persons listed in items (i), (ii), and (iii) in order to secure representation of an interest not already represented on the committee. The teacher and non-administrative
233 [April 5, 2001] certificated educational employee members of the review committee shall be selected by their exclusive representative, if any, and the administrators and at-large member shall be selected by the regional superintendent of schools. A regional superintendent of schools may add additional members to the committee, provided that the same proportion of teachers to administrators and at-large members on the committee is maintained. Any additional teacher and non-administrative certificated educational employee members shall be selected by their exclusive representative, if any. Vacancies in positions on a regional professional development review committee shall be filled in the same manner as the original selections. Committee members shall serve staggered 3-year terms. All individuals selected to serve on regional professional development review committees must be known to demonstrate the best practices in teaching or their respective field of practice. The exclusive representative responsible for choosing the individuals that serve on a regional professional development review committee shall notify each school district, charter school, or governing body or board of control of a cooperative or joint agreement employing the individuals chosen to serve and provide their names to the appropriate regional superintendent of schools. Regional professional development review committee meetings shall be scheduled so as not to interfere with the committee members' regularly scheduled teaching duties, except when otherwise permitted by the policies of or agreed to or approved by the school district, charter school, or governing body or board of control of a cooperative or joint agreement, or its designee, provided that the school district, charter school, or governing body or board of control shall not unreasonably withhold permission for a committee member to attend regional professional development review committee meetings. In a city having a population exceeding 500,000 that does not have a regional office of education, one or more separate regional professional development review committees shall be established as mutually agreed upon by the board of education of the school district organized under Article 34 of this Code and the exclusive representative. The composition of each committee shall be the same as for a regional professional development review committee, except that members of the committee shall be jointly appointed by the board of education and the exclusive representative. All other provisions of this Section concerning regional professional development review committees shall apply to these committees. The regional professional development review committee may require information in addition to that received from a certificate holder's local professional development committee or request that the certificate holder appear before it, shall either concur or nonconcur with a local professional development committee's recommendation of nonrenewal, and shall forward to the regional superintendent of schools its recommendation of renewal or nonrenewal. All actions taken by the regional professional development review committee shall require a quorum and be by a simple majority of those present and voting. A record of all votes shall be maintained. The committee shall have 45 days from receipt of a certificate holder's appeal to make its recommendation to the regional superintendent of schools. The State Board of Education and the State Teacher Certification Board shall jointly provide regional professional development review committee members with a training manual, and the members shall be required to attend one training seminar sponsored jointly by the State Board of Education and the State Teacher Certification Board. (h)(1) The State Teacher Certification Board shall review the regional superintendent of schools' recommendations to renew or nonrenew Standard Teaching Certificates and notify certificate holders in writing whether their certificates have been renewed or nonrenewed within 90 days of receipt of the recommendations, unless a certificate holder has appealed a regional superintendent of schools' recommendation of nonrenewal, as provided in paragraph (2) of this subsection (h). The State Teacher Certification Board shall verify that the certificate holder has met the renewal criteria set forth in
[April 5, 2001] 234 paragraph (1) of subsection (g) of this Section. (2) Each certificate holder shall have the right to appeal a regional superintendent of school's recommendation to nonrenew his or her Standard Teaching Certificate to the State Teacher Certification Board, within 14 days of receipt of notice that the decision has been sent to the State Teacher Certification Board, which shall hold an appeal hearing within 60 days of receipt of the appeal. When such an appeal is taken, the certificate holder's Standard Teaching Certificate shall continue to be valid until the appeal is finally determined. The State Teacher Certification Board shall review the regional superintendent of school's recommendation, the regional professional development review committee's recommendation, if any, and the local professional development committee's recommendation and all relevant documentation to verify whether the certificate holder has met the renewal criteria set forth in paragraph (1) of subsection (g) of this Section. The State Teacher Certification Board may request that the certificate holder appear before it. All actions taken by the State Teacher Certification Board shall require a quorum and be by a simple majority of those present and voting. A record of all votes shall be maintained. The State Teacher Certification Board shall notify the certificate holder in writing, within 7 days of completing the review, whether his or her Standard Teaching Certificate has been renewed or nonrenewed, provided that if the State Teacher Certification Board determines to nonrenew a certificate, the written notice provided to the certificate holder shall be by certified mail, return receipt requested. All certificate renewal or nonrenewal decisions of the State Teacher Certification Board are final and subject to administrative review, as set forth in Section 21-24 of this Code. (i) Holders of Master Teaching Certificates shall meet the same requirements and follow the same procedures as holders of Standard Teaching Certificates, except that their renewal cycle shall be as set forth in subsection (d) of Section 21-2 of this Code. (j) Holders of Valid and Exempt Standard and Master Teaching Certificates who are not employed and performing services in an Illinois public or State-operated elementary school, secondary school, or cooperative or joint agreement with a governing body or board of control, in a certificated teaching position, may voluntarily activate their certificates by developing and submitting a certificate renewal plan to the regional superintendent of schools of the regional office of education for the geographic area where their teaching is done, who, or whose designee, shall approve the plan and serve as the certificate holder's local professional development committee. These certificate holders shall follow the same renewal criteria and procedures as all other Standard and Master Teaching Certificate holders, except that their continuing professional development plans shall not be required to reflect or address the knowledge, skills, and goals of a local school improvement plan. (k) Each school district, charter school, or cooperative or joint agreement shall be paid an annual amount of not less than $1,000, as determined by a formula based on the number of Standard Teaching and Master Teaching Certificate holders, subject to renewal and established by rule, not to exceed $1,000,000 annually for all school districts, charter schools, and cooperatives or joint agreements, for administrative costs associated with conducting the meetings of the local professional development committee. Each regional office of education shall receive $2,000 annually to pay school districts, charter schools, or cooperatives or joint agreements for costs, as defined by rule, incurred in staff attendance at regional professional development review committee meetings and the training seminar required under paragraph (2) of subsection (g) of this Section. (l) The State Board of Education and the State Teacher Certification Board shall jointly contract with an independent party to conduct a comprehensive evaluation of the certificate renewal system pursuant to this Section. The first report of this evaluation shall be presented to the General Assembly on January 1, 2005 and on January 1 of every third year thereafter.
235 [April 5, 2001] (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff. 1-26-99; 91-102, eff. 7-12-99.) Section 10. The Illinois Speech-Language Pathology and Audiology Practice Act is amended by changing Sections 3, 3.5, 7, 8, 10, 11, 13, 16, 16.5, 18, 26, 27, 28, 29, 29.5, and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows: (225 ILCS 110/3) (from Ch. 111, par. 7903) Sec. 3. Definitions. The following words and phrases shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise: (a) "Department" means the Department of Professional Regulation. (b) "Director" means the Director of Professional Regulation. (c) "Board" means the Board of Speech-Language Pathology and Audiology established under Section 5 of this Act. (d) "Speech-Language Pathologist" means a person who has received a license pursuant to this Act and who engages in the practice of speech-language pathology. (e) "Audiologist" means a person who has received a license pursuant to this Act and who engages in the practice of audiology. (f) "Public member" means a person who is not a health professional. For purposes of board membership, any person with a significant financial interest in a health service or profession is not a public member. (g) "The practice of audiology" is the application of nonmedical methods and procedures for the identification, measurement, testing, appraisal, prediction, habilitation, rehabilitation, or instruction related to hearing and disorders of hearing. These procedures are for the purpose of counseling, consulting and rendering or offering to render services or for participating in the planning, directing or conducting of programs that are designed to modify communicative disorders involving speech, language or auditory function related to hearing loss. The practice of audiology may include, but shall not be limited to, the following: (1) any task, procedure, act, or practice that is necessary for the evaluation of hearing or vestibular function; (2) training in the use of amplification, including hearing aids; (3) performing basic speech and language screening tests and procedures consistent with audiology training. (h) "The practice of speech-language pathology" is the application of nonmedical methods and procedures for the identification, measurement, testing, appraisal, prediction, habilitation, rehabilitation, and modification related to communication development, and disorders or disabilities of speech, language, voice, swallowing, and other speech, language and voice related disorders. These procedures are for the purpose of counseling, consulting and rendering or offering to render services, or for participating in the planning, directing or conducting of programs that are designed to modify communicative disorders and conditions in individuals or groups of individuals involving speech, language, voice and swallowing function. "The practice of speech-language pathology" shall include, but shall not be limited to, the following: (1) hearing screening tests and aural rehabilitation procedures consistent with speech-language pathology training; (2) tasks, procedures, acts or practices that are necessary for the evaluation of, and training in the use of, augmentative communication systems, communication variation, cognitive rehabilitation, non-spoken language production and comprehension. (i) "Speech-language pathology assistant" means a person who has received a license pursuant to this Act to assist a speech-language pathologist in the manner provided in this Act. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/3.5) Sec. 3.5. Exemptions. This Act does not prohibit: (a) The practice of speech-language pathology or audiology by students in their course of study in programs approved by the
[April 5, 2001] 236 Department when acting under the direction and supervision of licensed speech-language pathologists or audiologists. (b) The performance of any speech-language pathology service by a speech-language pathology assistant
237 [April 5, 2001] (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.) (225 ILCS 110/8.5 new) Sec. 8.5. Qualifications for licenses as a speech-language pathology assistant. A person is qualified to be licensed as a speech-language pathology assistant if that person has applied in writing on forms prescribed by the Department, has paid the required fees, and meets both of the following criteria: (1) Is of good moral character. In determining moral character, the Department may take into consideration any felony conviction of the applicant, but such a conviction shall not operate automatically as a complete bar to licensure. (2) Has received an associate degree from a speech-language pathology assistant program that has been approved by the Department and that meets the minimum requirements set forth in Section 8.6. (225 ILCS 110/8.6 new) Sec. 8.6. Minimum Requirements for Speech-language pathology assistant programs. (a) An applicant for licensure as a speech-language pathology assistant must have earned 60 semester credit hours in a program of study that includes general education and the specific knowledge and skills for a speech-language pathology assistant. The curriculum of a speech-language pathology assistant program must include all of the following content, as further provided by rule promulgated by the Department: (1) Thirty-six semester credit hours in general education. (2) Twenty-four semester credit hours in technical content areas designed to provide students with knowledge and skills required for speech-language pathology assistants, which must include (i) an overview of normal processes of communication; (ii) an overview of communication disorders; (iii) instruction in speech-language pathology assistant-level service delivery practices; (iv) instruction in workplace behaviors; (v) cultural and linguistic factors in communication; and (vi) observation. (3) Completion of at least 100 hours of supervised field work experiences supervised by a licensed speech-language pathologist at least 50% of the time when the student is engaged in contact with the patient or client. An applicant must obtain written verification demonstrating successful completion of the required field work experience, including a description of the setting in which the training was received and an assessment of the student's technical proficiency. (b) The Department may promulgate rules that change the curriculum requirements of subsection (a) in order to reflect the guidelines for speech-language pathology assistant programs recommended by the American Speech-Language Hearing Association. (225 ILCS 110/8.7 new) Sec. 8.7. Duties of speech-language pathology assistants. (a) The scope of responsibility of speech-language pathology assistants shall be limited to supplementing the role of a speech-language pathologist in implementing the treatment program established by the speech-language pathologist. The functions and duties of a speech-language pathology assistant shall be: (1) conducting speech-language screening, without interpretation, and using screening protocols developed by the supervising speech-language pathologist; (2) providing direct treatment assistance to patients or clients, if authorized by and under the supervision of a speech-language pathologist; (3) following and implementing documented treatment plans or protocols developed by a supervising speech-language pathologist; (4) documenting patient or client progress toward meeting established objectives and reporting the information to a supervising speech-language pathologist; (5) assisting a speech-language pathologist during assessments, including, but not limited to, assisting with formal
[April 5, 2001] 238 documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist; (6) acting as an interpreter for non-English speaking patients or clients and their family members when competent to do so; (7) scheduling activities and preparing charts, records, graphs, and data; (8) performing checks and maintenance of equipment, including, but not limited to, augmentative communication devices; and (9) assisting with speech-language pathology research projects, in-service training, and family or community education; (b) A speech-language pathology assistant may not: (1) perform standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results; (2) screen or diagnose patients or clients for feeding or swallowing disorders; (3) participate in parent conferences, case conferences, or any interdisciplinary team without the presence of the supervising speech-language pathologist; (4) provide patient or client or family counseling; (5) write, develop, or modify a patient's or client's individualized treatment plan; (6) assist with patients or clients without following the individualized treatment plan prepared by the supervising speech-language pathologist; (7) sign any formal documents such as treatment plans, reimbursement forms, or reports; (8) select patients or clients for services; (9) discharge a patient or client from services; (10) disclose clinical or confidential information, either orally or in writing, to anyone other than the supervising speech-language pathologist; (11) make referrals for additional services; (12) counsel or consult with the patient or client, family, or others regarding the patient's or client's status or service; (13) represent himself or herself to be a speech-language pathologist; (14) use a checklist or tabulate results of feeding or swallowing evaluations; or (15) demonstrate swallowing strategies or precautions to patients, family, or staff. (225 ILCS 110/8.8 new) Sec. 8.8. Supervision of speech-language pathology assistants. (a) A speech-language pathology assistant shall practice only under the supervision of a speech-language pathologist who has at least 2 years experience in addition to the supervised professional experience required under subsection (f) of Section 8 of this Act. A speech-language pathologist who supervises a speech-language pathology assistant must have completed at least 10 clock hours of training in the supervision of speech-language pathology assistants. The Department shall promulgate rules describing the supervision training requirements. The rules may allow a speech-language pathologist to apply to the Board for an exemption from this training requirement based upon prior supervisory experience. (b) A speech-language pathology assistant must be under the direct supervision of a speech-language pathologist at least 30% of the speech-language pathology assistant's actual patient or client contact time per patient or client during the first 90 days of initial employment as a speech-language pathology assistant. Thereafter, a speech-language pathology assistant must be under the direct supervision of a speech-language pathologist at least 20% of the speech-language pathology assistant's actual patient or client contact time per patient or client. Supervision of a speech-language pathology assistant beyond the minimum requirements of this subsection may be imposed at the discretion of the supervising speech-language
239 [April 5, 2001] pathologist. A supervising speech-language pathologist must be available to communicate with a speech-language pathology assistant whenever the assistant is in contact with a patient or client. (c) A speech-language pathologist that supervises a speech-language pathology assistant must document direct supervision activities. At a minimum, supervision documentation must provide (i) information regarding the quality of the speech-language pathology assistant's performance of assigned duties, and (ii) verification that clinical activity is limited to duties specified in Section 8.7. (d) A full-time speech-language pathologist may supervise no more than 2 speech-language pathology assistants. A speech-language pathologist that does not work full-time may supervise no more than one speech-language pathology assistant. (e) For purposes of this Section, "direct supervision" means on-site, in-view observation and guidance by a speech-language pathologist while an assigned activity is performed by the speech-language pathology assistant. (225 ILCS 110/10) (from Ch. 111, par. 7910) Sec. 10. List of Speech-Language Pathologists and Audiologists. The Department shall maintain a list of the names and addresses of the speech-language pathologists, speech-language pathology assistants, and audiologists. Such lists shall also be mailed by the Department to any person upon request and payment of the required fee. (Source: P.A. 85-1391.) (225 ILCS 110/11) (from Ch. 111, par. 7911) Sec. 11. Expiration, renewal and restoration of licenses. (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. A speech-language pathologist, speech-language pathology assistant, or audiologist may renew such license during the month preceding the expiration date thereof by paying the required fee. (a-5) All renewal applicants shall provide proof of having met the continuing education requirements set forth in the rules of the Department. At a minimum, the rules shall require a renewal applicant for licensure as a speech-language pathologist or audiologist to provide proof of completing at least 20 clock hours of continuing education during the 2-year licensing cycle for which he or she is currently licensed. An audiologist who has met the continuing education requirements of the Hearing Instrument Consumer Protection Act during an equivalent licensing cycle under this Act shall be deemed to have met the continuing education requirements of this Act. At a minimum, the rules shall require a renewal applicant for licensure as a speech-language pathology assistant to provide proof of completing at least 10 clock hours of continuing education during the 2-year period for which he or she currently holds a license. The Department shall provide by rule for an orderly process for the reinstatement of licenses that have not been renewed for failure to meet the continuing education requirements. The continuing education requirements may be waived in cases of extreme hardship as defined by rule of the Department. The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continuing education certificates with the Department, or by other means established by the Department. (b) Inactive status. (1) Any licensee who notifies the Department in writing on forms prescribed by the Department may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. (2) Any licensee requesting restoration from inactive status shall be required to (i) pay the current renewal fee; and (ii) demonstrate that he or she has obtained the equivalent of 20 hours
[April 5, 2001] 240 of continuing education if the licensee has been inactive for 5 years or more. (3) Any licensee whose license is in an inactive status shall not practice in the State of Illinois without first restoring his or her license. (4) Any licensee who shall engage in the practice while the license is lapsed or inactive shall be considered to be practicing without a license which shall be grounds for discipline under Section 16 of this Act. (c) Any speech-language pathologist, speech-language pathology assistant, or audiologist whose license has expired may have his or her license restored at any time within 5 years after the expiration thereof, upon payment of the required fee. (d) Any person whose license has been expired for 5 years or more may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active lawful practice in another jurisdiction, and by paying the required restoration fee. A person practicing on an expired license is deemed to be practicing without a license. (e) If a person whose license has expired has not maintained active practice in another jurisdiction, the Department shall determine, by an evaluation process established by rule, his or her fitness to resume active status and may require the person to complete a period of evaluated clinical experience, and may require successful completion of an examination. (f) Any person whose license has expired while he or she has been engaged (1) in federal or State service on active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal or restoration fee, if within 2 years after termination of such service, training or education he or she furnishes the Department with satisfactory proof that he or she has been so engaged and that his or her service, training or education has been so terminated. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/13) (from Ch. 111, par. 7913) Sec. 13. Licensing applicants from other States. Upon payment of the required fee, an applicant who is a speech-language pathologist, speech-language pathology assistant, or audiologist licensed under the laws of another state or territory of the United States, shall without examination be granted a license as a speech-language pathologist, speech-language pathology assistant, or audiologist by the Department: (a) whenever the requirements of such state or territory of the United States were at the date of licensure substantially equal to the requirements then in force in this State; or (b) whenever such requirements of another state or territory of the United States together with educational and professional qualifications, as distinguished from practical experience, of the applicant since obtaining a license as speech-language pathologist, speech-language pathology assistant, or audiologist in such state or territory of the United States are substantially equal to the requirements in force in Illinois at the time of application for licensure as a speech-language pathologist, speech-language pathology assistant, or audiologist. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/16) (from Ch. 111, par. 7916) Sec. 16. Refusal, revocation or suspension of licenses. (1) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, censure, reprimand or take other
241 [April 5, 2001] disciplinary action as the Department may deem proper, including fines not to exceed $5,000 for each violation, with regard to any license for any one or combination of the following causes: (a) Fraud in procuring the license. (b) Habitual intoxication or addiction to the use of drugs. (c) Willful or repeated violations of the rules of the Department of Public Health. (d) Division of fees or agreeing to split or divide the fees received for speech-language pathology or audiology services with any person for referring an individual, or assisting in the care or treatment of an individual, without the knowledge of the individual or his or her legal representative. (e) Employing, procuring, inducing, aiding or abetting a person not licensed as a speech-language pathologist or audiologist to engage in the unauthorized practice of speech-language pathology or audiology. (e-5) Employing, procuring, inducing, aiding, or abetting a person not licensed as a speech-language pathology assistant to perform the functions and duties of a speech-language pathology assistant. (f) Making any misrepresentations or false promises, directly or indirectly, to influence, persuade or induce patronage. (g) Professional connection or association with, or lending his or her name to another for the illegal practice of speech-language pathology or audiology by another, or professional connection or association with any person, firm or corporation holding itself out in any manner contrary to this Act. (h) Obtaining or seeking to obtain checks, money, or any other things of value by false or fraudulent representations, including but not limited to, engaging in such fraudulent practice to defraud the medical assistance program of the Department of Public Aid. (i) Practicing under a name other than his or her own. (j) Improper, unprofessional or dishonorable conduct of a character likely to deceive, defraud or harm the public. (k) Conviction in this or another state of any crime which is a felony under the laws of this State or conviction of a felony in a federal court, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust. (1) Permitting a person under his or her supervision to perform any function not authorized by this Act. (m) A violation of any provision of this Act or rules promulgated thereunder. (n) Revocation by another state, the District of Columbia, territory, or foreign nation of a license to practice speech-language pathology or audiology or a license to practice as a speech-language pathology assistant in its jurisdiction if at least one of the grounds for that revocation is the same as or the equivalent of one of the grounds for revocation set forth herein. (o) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act. (p) Gross or repeated malpractice resulting in injury or death of an individual. (q) Willfully making or filing false records or reports in his or her practice as a speech-language pathologist, speech-language pathology assistant, or audiologist, including, but not limited to, false records to support claims against the public assistance program of the Illinois Department of Public Aid. (r) Professional incompetence as manifested by poor standards of care or mental incompetence as declared by a court of competent jurisdiction. (s) Repeated irregularities in billing a third party for services rendered to an individual. For purposes of this Section, "irregularities in billing" shall include:
[April 5, 2001] 242 (i) reporting excessive charges for the purpose of obtaining a total payment in excess of that usually received by the speech-language pathologist, speech-language pathology assistant, or audiologist for the services rendered; (ii) reporting charges for services not rendered; or (iii) incorrectly reporting services rendered for the purpose of obtaining payment not earned. (t) (Blank). (u) Violation of the Health Care Worker Self-Referral Act. (v) Physical illness, including but not limited to deterioration through the aging process or loss of motor skill, mental illness, or disability that results in the inability to practice the profession with reasonable judgment, skill, or safety. (w) Violation of the Hearing Instrument Consumer Protection Act. (x) Failure by a speech-language pathology assistant and supervising speech-language pathologist to comply with the supervision requirements set forth in Section 8.8. (y) Wilfully exceeding the scope of duties customarily undertaken by speech-language pathology assistants set forth in Section 8.7 that results in, or may result in, harm to the public. (2) The Department shall deny a license or renewal authorized by this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the Department may issue a license or renewal if the aforementioned persons have established a satisfactory repayment record as determined by the Illinois State Scholarship Commission. (3) The entry of an order by a circuit court establishing that any person holding a license under this Act is subject to involuntary admission or judicial admission as provided for in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension of that license. That person may have his or her license restored only upon the determination by a circuit court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient, and upon the Board's recommendation to the Department that the license be restored. Where the circumstances so indicate, the Board may recommend to the Department that it require an examination prior to restoring any license automatically suspended under this subsection. (4) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of the tax penalty or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied. (5) In enforcing this Section, the Board upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Board. The individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of this examination. Failure of any individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board may require that individual to submit to care, counseling, or treatment by physicians or clinical psychologists approved or designated by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Board may recommend to the Department to file a complaint to immediately suspend, revoke, or otherwise discipline the license of the
243 [April 5, 2001] individual. Any individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Board. In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Board within 15 days after the suspension and completed without appreciable delay. The Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.) (225 ILCS 110/16.5) Sec. 16.5. Advertising. A person licensed under this Act as a speech-language pathologist or audiologist may advertise the availability of professional services in the public media or on the premises where such professional services are rendered as permitted by law, provided the advertising is truthful and not misleading or deceptive. The Department may adopt rules consistent with this Section. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/18) (from Ch. 111, par. 7918) Sec. 18. Disciplinary actions. (a) In case the licensee, after receiving notice, fails to file an answer, his or her license may, in the discretion of the Director, having first received the recommendation of the Board, be suspended, revoked, placed on probationary status or the Director may take whatever disciplinary action he or she may deem proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. (b) The Director may temporarily suspend the license of a speech-language pathologist, speech-language pathology assistant, or audiologist without a hearing, simultaneous to the institution of proceedings for a hearing under this Act, if the Director finds that evidence in his or her possession indicates that a speech-language pathologist's, speech-language pathology assistant's, or an audiologist's continuation in practice would constitute an immediate danger to the public. In the event that the Director temporarily suspends the license of a speech-language pathologist, speech-language pathology assistant, or audiologist without a hearing, a hearing by the Board must be held within 15 days after such suspension has occurred and concluded without appreciable delay. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/26) (from Ch. 111, par. 7926) Sec. 26. Confidential Information - Disclosure. In all hearings conducted under this Act, information received, pursuant to law, relating to any information acquired by a speech-language pathologist, speech-language pathology assistant, or audiologist in serving any individual in a professional capacity, and necessary to professionally serve such individual, shall be deemed strictly confidential and shall only be made available, either as part of the record of a hearing hereunder or otherwise; (a) when such record is required, in its entirety, for purposes of judicial review pursuant to this Act; or (b) upon the express, written consent of the individual served, or in the case of his or her death or disability, the consent of his or her personal representative. (Source: P.A. 85-1391.) (225 ILCS 110/27) (from Ch. 111, par. 7927) Sec. 27. Reports of Violations. Any person licensed under this
[April 5, 2001] 244 Act, or any other person, may report to the Department any information such person may have which appears to show that a speech-language pathologist, speech-language pathology assistant, or audiologist is or may be in violation of any of the provisions of this Act. (Source: P.A. 85-1391.) (225 ILCS 110/28) (from Ch. 111, par. 7928) Sec. 28. Injunction. The practice of speech-language pathology or audiology by any person not holding a valid and current license under this Act or a person performing the functions and duties of a speech-language pathology assistant without a valid and current license under this Act, is declared to be inimical to the public welfare, to constitute a public nuisance, and to cause irreparable harm to the public welfare. The Director, the Attorney General, the State's attorney of any county in the State or any person may maintain an action in the name of the People of the State of Illinois, and may apply for an injunction in any circuit court to enjoin any such person from engaging in such practice. Upon the filing of a verified petition in such court, the court or any judge thereof, if satisfied by affidavit, or otherwise, that such person has been engaged in such practice without a valid and current license, may issue a temporary injunction without notice or bond, enjoining the defendant from any such further practice. Only the showing of nonlicensure, by affidavit or otherwise, is necessary in order for a temporary injunction to issue. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases except as modified by this Section. If it is established that the defendant has been, or is engaged in any such unlawful practice, the court, or any judge thereof, may enter an order or judgment perpetually enjoining the defendant from further such practice. In all proceedings hereunder, the court, in its discretion, may apportion the costs among the parties interested in the suit, including cost of filing the complaint, service of process, witness fees and expenses, court reporter charges and reasonable attorneys' fees. In case of violation of any injunction issued under the provisions of this Section, the court or any judge thereof may summarily try and punish the offender for contempt of court. Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in this Act. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/29) (from Ch. 111, par. 7929) Sec. 29. Penalty of unlawful practice - second and subsequent offenses. Any person who practices or offers to practice speech-language pathology or audiology or performs the functions and duties of a speech-language pathology assistant in this State without being licensed for that purpose, or whose license has been suspended or revoked, or who violates any of the provisions of this Act, for which no specific penalty has been provided herein, is guilty of a Class A misdemeanor. Any person who has been previously convicted under any of the provisions of this Act and who subsequently violates any of the provisions of this Act is guilty of a Class 4 felony. In addition, whenever any person is punished as a subsequent offender under this Section, the Director shall proceed to obtain a permanent injunction against such person under Section 29 of this Act. (Source: P.A. 85-1391.) (225 ILCS 110/29.5) Sec. 29.5. Unlicensed practice; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice speech-language pathology or audiology or performs the functions and duties of a speech-language pathology assistant without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing
245 [April 5, 2001] for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 90-69, eff. 7-8-97.) (225 ILCS 110/31a) Sec. 31a. Advertising services. A speech-language pathologist or audiologist
[April 5, 2001] 246 retention of employment, including employment in the construction industry, (B) will contribute to the economic development of the area in which the industrial project is located and (C) will produce goods or services for which there is a need or demand. (Source: P.A. 84-1023.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2595. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Art Turner offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2595 AMENDMENT NO. 1. Amend House Bill 2595 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Optometric Practice Act of 1987 is amended by changing Sections 12 and 22 as follows: (225 ILCS 80/12) (from Ch. 111, par. 3912) Sec. 12. Applications for licenses and certificates. Applications for original licenses and certificates shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license or certificate. An applicant for initial licensure in Illinois shall apply for and be qualified to receive and shall maintain certification to use diagnostic and therapeutic ocular pharmaceuticals. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the application fees shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. Applicants who meet all other conditions for licensure and who will be practicing optometry in a residency program approved by the Board may apply for and receive a limited one year license to practice optometry as a resident in the program. A licensee who receives a limited license under this Section shall have the same privileges and responsibilities as a therapeutically certified licensee. (Source: P.A. 91-141, eff. 7-16-99.) (225 ILCS 80/22) (from Ch. 111, par. 3922) Sec. 22. Any person licensed under this Act may advertise the availability of professional services in the public media or on the premises where such professional services are rendered provided that such advertising is truthful and not misleading and is in conformity with rules promulgated by the Department. It is unlawful for any person licensed under this Act to use testimonials or claims of superior quality of care to entice the public. (Source: P.A. 85-896.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed.
247 [April 5, 2001] There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2603. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative O'Brien offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2603 AMENDMENT NO. 1. Amend House Bill 2603 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 15-109.1 as follows: (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1) Sec. 15-109.1. Covers or tarpaulins required for certain loads. (a) No person shall operate or cause to be operated, on a highway, any second division vehicle loaded with dirt, aggregate, garbage, refuse, or other similar material, when any portion of the load is falling, sifting, blowing, dropping or in any way escaping from the vehicle. (b) No person shall operate or cause to be operated, on a highway, any second division vehicle having a gross vehicle weight rating of 8,000 pounds or more loaded with dirt, aggregate, garbage, refuse, or other similar material in or on any part of the vehicle other than in the cargo area. In addition, no person shall operate on any highway, such vehicle unless the tailgate on the vehicle is in good repair and operating condition and closes securely so as to prevent any load, residue, or other material from escaping. (b-1) No person may operate or cause to be operated, on a highway, a commercial motor vehicle with a load of dirt, aggregate, garbage, refuse, or other similar material, unless the load is secured or enclosed with a tarpaulin or other covering sufficient to prevent any portion of the materials from falling, blowing, dropping, or otherwise escaping from the vehicle. Vehicles owned and operated by units of local government are exempt. As used in this subsection (b-1), "commercial motor vehicle" has the meaning ascribed to that term in Section 6-500 of this Code. (c) This Section shall not apply to the operation of highway maintenance vehicles engaged in removing snow and ice from the roadway, nor to implements of husbandry or other farm vehicles while transporting agricultural products to or from the original place of production. (d) For the purpose of this Section "aggregate" shall include all ores, minerals, sand, gravel, shale, coal, clay, limestone or any other ore or mineral which may be mined. (e) Notwithstanding any other penalty, whenever a police officer determines that the operator of a vehicle is in violation of this Section, as evidenced by the issuance of a citation for a violation of Section 15-109.1 of this Code, or where a police officer determines that a dangerous condition exists whereby any portion of the load may fall, sift, blow, drop, or in any way escape or fall from the vehicle, the police officer shall require the operator to stop the vehicle in a suitable place and keep such vehicle stationary until the load has either been reduced, secured, or covered with a cover or tarpaulin of sufficient size to prevent any further violation of this Section. (f) Any violation of the provisions of this Section shall be a petty offense punishable by a fine not to exceed $250. (Source: P.A. 91-858, eff. 1-1-01.)". The motion prevailed and the amendment was adopted and ordered printed.
[April 5, 2001] 248 There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading. HOUSE BILL 2834. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Elementary & Secondary Education. Floor Amendment No. 2 lost in the Committee on Elementary & Secondary Education. Representative Collins offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 2834 AMENDMENT NO. 3. Amend House Bill 2834 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 34-2.2 as follows: (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2) Sec. 34-2.2. Local school councils - Manner of operation. (a) The annual organizational meeting of each local school council shall be held at the attendance center. At the annual organization meeting, which shall be held no sooner than July 1 and no later than July 14, a parent member or a community resident member of the local school council shall be selected by the members of such council as its chairperson, and a secretary shall be selected by the members of such council from among their number, each to serve a term of one year. Whenever a vacancy in the office of chairperson or secretary of a local school council shall occur, a new chairperson (who shall be a parent or community resident member) or secretary, as the case may be, shall be elected by the members of the local school council from among their number to serve as such chairperson or secretary for the unexpired term of office in which the vacancy occurs. At each annual organizational meeting, the time and place of any regular meetings of the local school council shall be fixed. Special meetings of the local school council may be called by the chairperson or by any 4 members by giving notice thereof in writing, specifying the time, place and purpose of the meeting. Public notice of meetings shall also be given in accordance with the Open Meetings Act. (b) Members and officers of the local school council shall serve without compensation and without reimbursement of any expenses incurred in the performance of their duties, except that the board of education may by rule establish a procedure and thereunder provide for reimbursement of members and officers of local school councils for such of their reasonable and necessary expenses (excluding any lodging or meal expenses) incurred in the performance of their duties as the board may deem appropriate. (c) A majority of the full membership of the local school council shall constitute a quorum, and whenever a vote is taken on any measure before the local school council, a quorum being present, the affirmative vote of a majority of the votes of the full membership then serving of the local school council shall determine the outcome thereof; provided that whenever the measure before the local school council is (i) the evaluation of the principal, or (ii) the renewal of his or her performance contract or the inclusion of any provision or modification of the contract, or (iii) the direct selection by the local school council of a new principal (including a new principal to fill a vacancy) to serve under a 4 year performance contract, or (iv) the determination of the names of candidates to be submitted to the general superintendent for the position of principal, the principal and student member of a high school council shall not be counted for
249 [April 5, 2001] purposes of determining whether a quorum is present to act on the measure and shall have no vote thereon; and provided further that 7 affirmative votes of the local school council shall be required for the direct selection by the local school council of a new principal to serve under a 4 year performance contract but not for the renewal of a principal's performance contract. (d) Student members of high school councils shall not be eligible to vote on personnel matters, including but not limited to principal evaluations and contracts and the allocation of teaching and staff resources. (e) The local school council of an attendance center which provides bilingual education shall be encouraged to provide translators at each council meeting to maximize participation of parents and the community. (f) Each local school council of an attendance center which provides bilingual education shall create a Bilingual Advisory Committee or recognize an existing Bilingual Advisory Committee as a standing committee. The Chair and a majority of the members of the advisory committee shall be parents of students in the bilingual education program. The parents on the advisory committee shall be selected by parents of students in the bilingual education program, and the committee shall select a Chair. The advisory committee for each secondary attendance center shall include at least one full-time bilingual education student. The Bilingual Advisory Committee shall serve only in an advisory capacity to the local school council. (g) Local school councils may utilize the services of an arbitration board to resolve intra-council disputes. (Source: P.A. 91-622, eff. 8-19-99.) 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. 3 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2847. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Lou Jones offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2847 AMENDMENT NO. 1. Amend House Bill 2847 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Unified Code of Corrections is amended by changing Section 3-6-2 as follows: (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) Sec. 3-6-2. Institutions and Facility Administration. (a) Each institution and facility of the Department shall be administered by a chief administrative officer appointed by the Director. A chief administrative officer shall be responsible for all persons assigned to the institution or facility. The chief administrative officer shall administer the programs of the Department for the custody and treatment of such persons. (b) The chief administrative officer shall have such assistants as the Department may assign. (c) The Director or Assistant Director shall have the emergency powers to temporarily transfer individuals without formal procedures to any State, county, municipal or regional correctional or detention institution or facility in the State, subject to the acceptance of such receiving institution or facility, or to designate any reasonably
[April 5, 2001] 250 secure place in the State as such an institution or facility and to make transfers thereto. However, transfers made under emergency powers shall be reviewed as soon as practicable under Article 8, and shall be subject to Section 5-905 of the Juvenile Court Act of 1987. This Section shall not apply to transfers to the Department of Human Services which are provided for under Section 3-8-5 or Section 3-10-5. (d) The Department shall provide educational programs for all committed persons so that all persons have an opportunity to attain the achievement level equivalent to the completion of the twelfth grade in the public school system in this State. Other higher levels of attainment shall be encouraged and professional instruction shall be maintained wherever possible. The Department may establish programs of mandatory education and may establish rules and regulations for the administration of such programs. A person committed to the Department who, during the period of his or her incarceration, participates in an educational program provided by or through the Department and through that program is awarded or earns the number of hours of credit required for the award of an associate, baccalaureate, or higher degree from a community college, college, or university located in Illinois shall reimburse the State, through the Department, for the costs incurred by the State in providing that person during his or her incarceration with the education that qualifies him or her for the award of that degree. The costs for which reimbursement is required under this subsection shall be determined and computed by the Department under rules and regulations that it shall establish for that purpose. However, interest at the rate of 6% per annum shall be charged on the balance of those costs from time to time remaining unpaid, from the date of the person's parole, mandatory supervised release, or release constituting a final termination of his or her commitment to the Department until paid. (e) A person committed to the Department who becomes in need of medical or surgical treatment but is incapable of giving consent thereto shall receive such medical or surgical treatment by the chief administrative officer consenting on the person's behalf. Before the chief administrative officer consents, he or she shall obtain the advice of one or more physicians licensed to practice medicine in all its branches in this State. If such physician or physicians advise: (1) that immediate medical or surgical treatment is required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and (2) that the person is not capable of giving consent to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment. (f) In the event that the person requires medical care and treatment at a place other than the institution or facility, the person may be removed therefrom under conditions prescribed by the Department. The Department shall require the committed person receiving medical or dental services on a non-emergency basis to pay a $2 co-payment to the Department for each visit for medical or dental services. The amount of each co-payment shall be deducted from the committed person's individual account. A committed person who has a chronic illness, as defined by Department rules and regulations, shall be exempt from the $2 co-payment for treatment of the chronic illness. A committed person shall not be subject to a $2 co-payment for follow-up visits ordered by a physician, who is employed by, or contracts with, the Department. A committed person who is indigent is exempt from the $2 co-payment and is entitled to receive medical or dental services on the same basis as a committed person who is financially able to afford the co-payment. Notwithstanding any other provision in this subsection (f) to the contrary, any person committed to any facility operated by the Juvenile Division, as set forth in subsection (b) of Section 3-2-5 of this Code, is exempt from the co-payment requirement for the duration of confinement in those facilities.
251 [April 5, 2001] (g) Any person having sole custody of a child at the time of commitment or any woman giving birth to a child after her commitment, may arrange through the Department of Children and Family Services for suitable placement of the child outside of the Department of Corrections. The Director of the Department of Corrections may determine that there are special reasons why the child should continue in the custody of the mother until the child is 6 years old. (h) The Department may provide Family Responsibility Services which may consist of, but not be limited to the following: (1) family advocacy counseling; (2) parent self-help group; (3) parenting skills training; (4) parent and child overnight program; (5) parent and child reunification counseling, either separately or together, preceding the inmate's release; and (6) a prerelease reunification staffing involving the family advocate, the inmate and the child's counselor, or both and the inmate. (i) Prior to the release of any inmate who has a documented history of intravenous drug use, and upon the receipt of that inmate's written informed consent, the Department shall provide for the testing of such inmate for infection with human immunodeficiency virus (HIV) and any other identified causative agent of acquired immunodeficiency syndrome (AIDS). The testing provided under this subsection shall consist of an enzyme-linked immunosorbent assay (ELISA) test or such other test as may be approved by the Illinois Department of Public Health. If the test result is positive, the Western Blot Assay or more reliable confirmatory test shall be administered. All inmates tested in accordance with the provisions of this subsection shall be provided with pre-test and post-test counseling. Notwithstanding any provision of this subsection to the contrary, the Department shall not be required to conduct the testing and counseling required by this subsection unless sufficient funds to cover all costs of such testing and counseling are appropriated for that purpose by the General Assembly. (Source: P.A. 90-14, eff. 7-1-97; 90-590, eff. 1-1-99; 91-912, eff. 7-7-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 2740. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 was recommended be adopted by the Committee on Rules. There being no further amendments, the bill was held on the order of Second Reading. HOUSE BILL 3231. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Meyer offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3231 AMENDMENT NO. 1. Amend House Bill 3231 on page 2, line 11, by
[April 5, 2001] 252 replacing "first or second" with "first, second, or third"; and on page 3, line 30, by replacing "first or second grade" with "first, second, or third grade (for whom the district shall certify, by September 1, to the State Board of Education the onset of transportation services for those pupils residing less than 1 1/2 miles from the school attended)"; and on page 3, line 31, by replacing "3" with "4"; and on page 3, line 33, by replacing "3" with "4"; and on page 8, line 10, by replacing "2001" with "2002". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 760. Having been recalled on April 3, 2001, and held on the order of Second Reading, the same was again taken up. Representative Leitch offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO HOUSE BILL 760 AMENDMENT NO. 5. Amend House Bill 760 by replacing the title with the following: "AN ACT concerning taxation."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Municipal Code is amended by changing Sections 8-11-20, 11-74.4-3, 11-74.4-4.1, 11-74.4-5, 11-74.4-7, and 11-74.4-8a as follows: (65 ILCS 5/8-11-20) Sec. 8-11-20. Economic incentive agreements. The corporate authorities of a municipality may enter into an economic incentive agreement relating to the development or redevelopment of land within the corporate limits of the municipality. Under this agreement, the municipality may agree to share or rebate a portion of any retailers' occupation taxes received by the municipality that were generated by the development or redevelopment over a finite period of time. Before entering into the agreement authorized by this Section, the corporate authorities shall make the following findings: (1) If the property subject to the agreement is vacant: (A) that the property has remained vacant for at least one year, or (B) that any building located on the property was demolished within the last year and that the building would have qualified under finding (2) of this Section; (2) If the property subject to the agreement is currently developed: (A) that the buildings on the property no longer comply with current building codes, or (B) that the buildings on the property have remained less than significantly unoccupied or underutilized for a period of at least one year; (3) That the project is expected to create or retain job opportunities within the municipality; (4) That the project will serve to further the development of adjacent areas; (5) That without the agreement, the project would not be possible; (6) That the developer meets high standards of creditworthiness and financial strength as demonstrated by one or more of the following: (A) corporate debenture ratings of BBB or higher by Standard & Poor's Corporation or Baa or higher by Moody's Investors Service, Inc.; (B) a letter from a financial institution with assets of
253 [April 5, 2001] $10,000,000 or more attesting to the financial strength of the developer; or (C) specific evidence of equity financing for not less than 10% of the total project costs; (7) That the project will strengthen the commercial sector of the municipality; (8) That the project will enhance the tax base of the municipality; and (9) That the agreement is made in the best interest of the municipality. (Source: P.A. 89-63, eff. 6-30-95.) (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) Sec. 11-74.4-3. Definitions. The following terms, wherever used or referred to in this Division 74.4 shall have the following respective meanings, unless in any case a different meaning clearly appears from the context. (a) For any redevelopment project area that has been designated pursuant to this Section by an ordinance adopted prior to November 1, 1999 (the effective date of Public Act 91-478), "blighted area" shall have the meaning set forth in this Section prior to that date. On and after November 1, 1999, "blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where: (1) If improved, industrial, commercial, and residential buildings or improvements are detrimental to the public safety, health, or welfare because of a combination of 5 or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area: (A) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. (B) Obsolescence. The condition or process of falling into disuse. Structures have become ill-suited for the original use. (C) Deterioration. With respect to buildings, defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces. (D) Presence of structures below minimum code standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes. (E) Illegal use of individual structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (F) Excessive vacancies. The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. (G) Lack of ventilation, light, or sanitary facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke, or other
[April 5, 2001] 254 noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. (H) Inadequate utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or (iii) lacking within the redevelopment project area. (I) Excessive land coverage and overcrowding of structures and community facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service. (J) Deleterious land use or layout. The existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area. (K) Environmental clean-up. The proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. (L) Lack of community planning. The proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning. (M) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is
255 [April 5, 2001] increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated. (2) If vacant, the sound growth of the redevelopment project area is impaired by a combination of 2 or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains: (A) Obsolete platting of vacant land that results in parcels of limited or narrow size or configurations of parcels of irregular size or shape that would be difficult to develop on a planned basis and in a manner compatible with contemporary standards and requirements, or platting that failed to create rights-of-ways for streets or alleys or that created inadequate right-of-way widths for streets, alleys, or other public rights-of-way or that omitted easements for public utilities. (B) Diversity of ownership of parcels of vacant land sufficient in number to retard or impede the ability to assemble the land for development. (C) Tax and special assessment delinquencies exist or the property has been the subject of tax sales under the Property Tax Code within the last 5 years. (D) Deterioration of structures or site improvements in neighboring areas adjacent to the vacant land. (E) The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. (F) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years prior to the year in which the redevelopment project area is designated. (3) If vacant, the sound growth of the redevelopment project area is impaired by one of the following factors that (i) is present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) is reasonably distributed throughout the vacant part of the redevelopment project area to which it pertains: (A) The area consists of one or more unused quarries, mines, or strip mine ponds. (B) The area consists of unused railyards, rail tracks, or railroad rights-of-way. (C) The area, prior to its designation, is subject to chronic flooding that adversely impacts on real property in the area as certified by a registered professional engineer or appropriate regulatory agency. (D) The area consists of an unused or illegal disposal
[April 5, 2001] 256 site containing earth, stone, building debris, or similar materials that were removed from construction, demolition, excavation, or dredge sites. (E) Prior to November 1, 1999, the area is not less than 50 nor more than 100 acres and 75% of which is vacant (notwithstanding that the area has been used for commercial agricultural purposes within 5 years prior to the designation of the redevelopment project area), and the area meets at least one of the factors itemized in paragraph (1) of this subsection, the area has been designated as a town or village center by ordinance or comprehensive plan adopted prior to January 1, 1982, and the area has not been developed for that designated purpose. (F) The area qualified as a blighted improved area immediately prior to becoming vacant, unless there has been substantial private investment in the immediately surrounding area. (b) For any redevelopment project area that has been designated pursuant to this Section by an ordinance adopted prior to November 1, 1999 (the effective date of Public Act 91-478), "conservation area" shall have the meaning set forth in this Section prior to that date. On and after November 1, 1999, "conservation area" means any improved area within the boundaries of a redevelopment project area located within the territorial limits of the municipality in which 50% or more of the structures in the area have an age of 35 years or more. Such an area is not yet a blighted area but because of a combination of 3 or more of the following factors is detrimental to the public safety, health, morals or welfare and such an area may become a blighted area: (1) Dilapidation. An advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. (2) Obsolescence. The condition or process of falling into disuse. Structures have become ill-suited for the original use. (3) Deterioration. With respect to buildings, defects including, but not limited to, major defects in the secondary building components such as doors, windows, porches, gutters and downspouts, and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off-street parking, and surface storage areas evidence deterioration, including, but not limited to, surface cracking, crumbling, potholes, depressions, loose paving material, and weeds protruding through paved surfaces. (4) Presence of structures below minimum code standards. All structures that do not meet the standards of zoning, subdivision, building, fire, and other governmental codes applicable to property, but not including housing and property maintenance codes. (5) Illegal use of individual structures. The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. (6) Excessive vacancies. The presence of buildings that are unoccupied or under-utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. (7) Lack of ventilation, light, or sanitary facilities. The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke, or other noxious airborne materials. Inadequate natural light and ventilation means the absence or inadequacy of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refers to the absence or
257 [April 5, 2001] inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. (8) Inadequate utilities. Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines, and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area, (ii) deteriorated, antiquated, obsolete, or in disrepair, or (iii) lacking within the redevelopment project area. (9) Excessive land coverage and overcrowding of structures and community facilities. The over-intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present-day standards of development for health and safety and the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings, increased threat of spread of fire due to the close proximity of buildings, lack of adequate or proper access to a public right-of-way, lack of reasonably required off-street parking, or inadequate provision for loading and service. (10) Deleterious land use or layout. The existence of incompatible land-use relationships, buildings occupied by inappropriate mixed-uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area. (11) Lack of community planning. The proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land-use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning. (12) The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for, or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for, the clean-up of hazardous waste, hazardous substances, or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. (13) The total equalized assessed value of the proposed redevelopment project area has declined for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the balance of the municipality for 3 of the last 5 calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for 3 of the last 5 calendar years for which information is available. (c) "Industrial park" means an area in a blighted or conservation area suitable for use by any manufacturing, industrial, research or transportation enterprise, of facilities to include but not be limited to factories, mills, processing plants, assembly plants, packing plants, fabricating plants, industrial distribution centers, warehouses, repair overhaul or service facilities, freight terminals,
[April 5, 2001] 258 research facilities, test facilities or railroad facilities. (d) "Industrial park conservation area" means an area within the boundaries of a redevelopment project area located within the territorial limits of a municipality that is a labor surplus municipality or within 1 1/2 miles of the territorial limits of a municipality that is a labor surplus municipality if the area is annexed to the municipality; which area is zoned as industrial no later than at the time the municipality by ordinance designates the redevelopment project area, and which area includes both vacant land suitable for use as an industrial park and a blighted area or conservation area contiguous to such vacant land. (e) "Labor surplus municipality" means a municipality in which, at any time during the 6 months before the municipality by ordinance designates an industrial park conservation area, the unemployment rate was over 6% and was also 100% or more of the national average unemployment rate for that same time as published in the United States Department of Labor Bureau of Labor Statistics publication entitled "The Employment Situation" or its successor publication. For the purpose of this subsection, if unemployment rate statistics for the municipality are not available, the unemployment rate in the municipality shall be deemed to be the same as the unemployment rate in the principal county in which the municipality is located. (f) "Municipality" shall mean a city, village or incorporated town. (g) "Initial Sales Tax Amounts" means the amount of taxes paid under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, and the Municipal Service Occupation Tax Act by retailers and servicemen on transactions at places located in a State Sales Tax Boundary during the calendar year 1985. (g-1) "Revised Initial Sales Tax Amounts" means the amount of taxes paid under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, and the Municipal Service Occupation Tax Act by retailers and servicemen on transactions at places located within the State Sales Tax Boundary revised pursuant to Section 11-74.4-8a(9) of this Act. (h) "Municipal Sales Tax Increment" means an amount equal to the increase in the aggregate amount of taxes paid to a municipality from the Local Government Tax Fund arising from sales by retailers and servicemen within the redevelopment project area or State Sales Tax Boundary, as the case may be, for as long as the redevelopment project area or State Sales Tax Boundary, as the case may be, exist over and above the aggregate amount of taxes as certified by the Illinois Department of Revenue and paid under the Municipal Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act by retailers and servicemen, on transactions at places of business located in the redevelopment project area or State Sales Tax Boundary, as the case may be, during the base year which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocation financing. For purposes of computing the aggregate amount of such taxes for base years occurring prior to 1985, the Department of Revenue shall determine the Initial Sales Tax Amounts for such taxes and deduct therefrom an amount equal to 4% of the aggregate amount of taxes per year for each year the base year is prior to 1985, but not to exceed a total deduction of 12%. The amount so determined shall be known as the "Adjusted Initial Sales Tax Amounts". For purposes of determining the Municipal Sales Tax Increment, the Department of Revenue shall for each period subtract from the amount paid to the municipality from the Local Government Tax Fund arising from sales by retailers and servicemen on transactions located in the redevelopment project area or the State Sales Tax Boundary, as the case may be, the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts for the Municipal Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act. For the State Fiscal Year 1989, this calculation
259 [April 5, 2001] shall be made by utilizing the calendar year 1987 to determine the tax amounts received. For the State Fiscal Year 1990, this calculation shall be made by utilizing the period from January 1, 1988, until September 30, 1988, to determine the tax amounts received from retailers and servicemen pursuant to the Municipal Retailers' Occupation Tax and the Municipal Service Occupation Tax Act, which shall have deducted therefrom nine-twelfths of the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For the State Fiscal Year 1991, this calculation shall be made by utilizing the period from October 1, 1988, to June 30, 1989, to determine the tax amounts received from retailers and servicemen pursuant to the Municipal Retailers' Occupation Tax and the Municipal Service Occupation Tax Act which shall have deducted therefrom nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and ending June 30 to determine the tax amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, the Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as the case may be. (i) "Net State Sales Tax Increment" means the sum of the following: (a) 80% of the first $100,000 of State Sales Tax Increment annually generated within a State Sales Tax Boundary; (b) 60% of the amount in excess of $100,000 but not exceeding $500,000 of State Sales Tax Increment annually generated within a State Sales Tax Boundary; and (c) 40% of all amounts in excess of $500,000 of State Sales Tax Increment annually generated within a State Sales Tax Boundary. If, however, a municipality established a tax increment financing district in a county with a population in excess of 3,000,000 before January 1, 1986, and the municipality entered into a contract or issued bonds after January 1, 1986, but before December 31, 1986, to finance redevelopment project costs within a State Sales Tax Boundary, then the Net State Sales Tax Increment means, for the fiscal years beginning July 1, 1990, and July 1, 1991, 100% of the State Sales Tax Increment annually generated within a State Sales Tax Boundary; and notwithstanding any other provision of this Act, for those fiscal years the Department of Revenue shall distribute to those municipalities 100% of their Net State Sales Tax Increment before any distribution to any other municipality and regardless of whether or not those other municipalities will receive 100% of their Net State Sales Tax Increment. For Fiscal Year 1999, and every year thereafter until the year 2007, for any municipality that has not entered into a contract or has not issued bonds prior to June 1, 1988 to finance redevelopment project costs within a State Sales Tax Boundary, the Net State Sales Tax Increment shall be calculated as follows: By multiplying the Net State Sales Tax Increment by 90% in the State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for State Fiscal Year 2008 and thereafter. Municipalities that issued bonds in connection with a redevelopment project in a redevelopment project area within the State Sales Tax Boundary prior to July 29, 1991, or that entered into contracts in connection with a redevelopment project in a redevelopment project area before June 1, 1988, shall continue to receive their proportional share of the Illinois Tax Increment Fund distribution until the date on which the redevelopment project is completed or terminated
[April 5, 2001] 260 30, 2007, then so long as the redevelopment project is not completed or is not terminated, the Net State Sales Tax Increment shall be calculated, beginning on the date on which the bonds are retired or the contracts are completed, as follows: By multiplying the Net State Sales Tax Increment by 60% in the State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for State Fiscal Year 2008 and thereafter. Refunding of any bonds issued prior to July 29, 1991, shall not alter the Net State Sales Tax Increment. (j) "State Utility Tax Increment Amount" means an amount equal to the aggregate increase in State electric and gas tax charges imposed on owners and tenants, other than residential customers, of properties located within the redevelopment project area under Section 9-222 of the Public Utilities Act, over and above the aggregate of such charges as certified by the Department of Revenue and paid by owners and tenants, other than residential customers, of properties within the redevelopment project area during the base year, which shall be the calendar year immediately prior to the year of the adoption of the ordinance authorizing tax increment allocation financing. (k) "Net State Utility Tax Increment" means the sum of the following: (a) 80% of the first $100,000 of State Utility Tax Increment annually generated by a redevelopment project area; (b) 60% of the amount in excess of $100,000 but not exceeding $500,000 of the State Utility Tax Increment annually generated by a redevelopment project area; and (c) 40% of all amounts in excess of $500,000 of State Utility Tax Increment annually generated by a redevelopment project area. For the State Fiscal Year 1999, and every year thereafter until the year 2007, for any municipality that has not entered into a contract or has not issued bonds prior to June 1, 1988 to finance redevelopment project costs within a redevelopment project area, the Net State Utility Tax Increment shall be calculated as follows: By multiplying the Net State Utility Tax Increment by 90% in the State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No payment shall be made for the State Fiscal Year 2008 and thereafter. Municipalities that issue bonds in connection with the redevelopment project during the period from June 1, 1988 until 3 years after the effective date of this Amendatory Act of 1988 shall receive the Net State Utility Tax Increment, subject to appropriation, for 15 State Fiscal Years after the issuance of such bonds. For the 16th through the 20th State Fiscal Years after issuance of the bonds, the Net State Utility Tax Increment shall be calculated as follows: By multiplying the Net State Utility Tax Increment by 90% in year 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in year 20. Refunding of any bonds issued prior to June 1, 1988, shall not alter the revised Net State Utility Tax Increment payments set forth above. (l) "Obligations" mean bonds, loans, debentures, notes, special certificates or other evidence of indebtedness issued by the municipality to carry out a redevelopment project or to refund outstanding obligations. (m) "Payment in lieu of taxes" means those estimated tax revenues from real property in a redevelopment project area derived from real property that has been acquired by a municipality which according to the redevelopment project or plan is to be used for a private use which taxing districts would have received had a municipality not acquired the real property and adopted tax increment allocation financing and which would result from levies made after the time of the adoption of tax increment allocation financing to the time the current equalized value of real property in the redevelopment project area exceeds the total initial equalized value of real property in said area. (n) "Redevelopment plan" means the comprehensive program of the municipality for development or redevelopment intended by the payment of redevelopment project costs to reduce or eliminate those conditions
261 [April 5, 2001] the existence of which qualified the redevelopment project area as a "blighted area" or "conservation area" or combination thereof or "industrial park conservation area," and thereby to enhance the tax bases of the taxing districts which extend into the redevelopment project area. On and after November 1, 1999 (the effective date of Public Act 91-478), no redevelopment plan may be approved or amended that includes the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by federal, State, county, or municipal government as public land for outdoor recreational activities or for nature preserves and used for that purpose within 5 years prior to the adoption of the redevelopment plan. For the purpose of this subsection, "recreational activities" is limited to mean camping and hunting. Each redevelopment plan shall set forth in writing the program to be undertaken to accomplish the objectives and shall include but not be limited to: (A) an itemized list of estimated redevelopment project costs; (B) evidence indicating that the redevelopment project area on the whole has not been subject to growth and development through investment by private enterprise; (C) an assessment of any financial impact of the redevelopment project area on or any increased demand for services from any taxing district affected by the plan and any program to address such financial impact or increased demand; (D) the sources of funds to pay costs; (E) the nature and term of the obligations to be issued; (F) the most recent equalized assessed valuation of the redevelopment project area; (G) an estimate as to the equalized assessed valuation after redevelopment and the general land uses to apply in the redevelopment project area; (H) a commitment to fair employment practices and an affirmative action plan; (I) if it concerns an industrial park conservation area, the plan shall also include a general description of any proposed developer, user and tenant of any property, a description of the type, structure and general character of the facilities to be developed, a description of the type, class and number of new employees to be employed in the operation of the facilities to be developed; and (J) if property is to be annexed to the municipality, the plan shall include the terms of the annexation agreement. The provisions of items (B) and (C) of this subsection (n) shall not apply to a municipality that before March 14, 1994 (the effective date of Public Act 88-537) had fixed, either by its corporate authorities or by a commission designated under subsection (k) of Section 11-74.4-4, a time and place for a public hearing as required by subsection (a) of Section 11-74.4-5. No redevelopment plan shall be adopted unless a municipality complies with all of the following requirements: (1) The municipality finds that the redevelopment project area on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the redevelopment plan. (2) The municipality finds that the redevelopment plan and project conform to the comprehensive plan for the development of the municipality as a whole, or, for municipalities with a population of 100,000 or more, regardless of when the redevelopment plan and project was adopted, the redevelopment plan and project either: (i) conforms to the strategic economic development or redevelopment plan issued by the designated planning authority of the municipality, or (ii) includes land uses that have been approved by the planning commission of the municipality. (3) The redevelopment plan establishes the estimated dates of completion of the redevelopment project and retirement of
[April 5, 2001] 262 obligations issued to finance redevelopment project costs. Those dates shall not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the redevelopment project area is adopted if the ordinance was adopted on or after January 15, 1981, and not later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the thirty-fifth calendar year after the year in which the ordinance approving the redevelopment project area is adopted: (A) if the ordinance was adopted before January 15, 1981, or (B) if the ordinance was adopted in December 1983, April 1984, July 1985, or December 1989, or (C) if the ordinance was adopted in December 1987 and the redevelopment project is located within one mile of Midway Airport, or (D) if the ordinance was adopted before January 1, 1987 by a municipality in Mason County, or (E) if the municipality is subject to the Local Government Financial Planning and Supervision Act or the Financially Distressed City Law, or (F) if the ordinance was adopted in December 1984 by the Village of Rosemont, or (G) if the ordinance was adopted on December 31, 1986 by a municipality located in Clinton County for which at least $250,000 of tax increment bonds were authorized on June 17, 1997, or if the ordinance was adopted on December 31, 1986 by a municipality with a population in 1990 of less than 3,600 that is located in a county with a population in 1990 of less than 34,000 and for which at least $250,000 of tax increment bonds were authorized on June 17, 1997, or (H) if the ordinance was adopted on October 5, 1982 by the City of Kankakee, or if the ordinance was adopted on December 29, 1986 by East St. Louis, or (I) if the ordinance was adopted on November 12, 1991 by the Village of Sauget, or (J) if the ordinance was adopted on February 11, 1985 by the City of Rock Island, or (K) if the ordinance was adopted before December 18, 1986 by the City of Moline, or (L) if the ordinance was adopted in September 1988 by Sauk Village, or (M) if the ordinance was adopted in October 1993 by Sauk Village, or (N) if the ordinance was adopted on December 29, 1986 by the City of Galva, or (O) if the ordinance was adopted in March 1991 by the City of Centreville. However, for redevelopment project areas for which bonds were issued before July 29, 1991, or for which contracts were entered into before June 1, 1988, in connection with a redevelopment project in the area within the State Sales Tax Boundary, the estimated dates of completion of the redevelopment project and retirement of obligations to finance redevelopment project costs may be extended by municipal ordinance to December 31, 2013. The extension allowed by this amendatory Act of 1993 shall not apply to real property tax increment allocation financing under Section 11-74.4-8. A municipality may by municipal ordinance amend an existing redevelopment plan to conform to this paragraph (3) as amended by Public Act 91-478, which municipal ordinance may be adopted without further hearing or notice and without complying with the procedures
263 [April 5, 2001] provided in this Act pertaining to an amendment to or the initial approval of a redevelopment plan and project and designation of a redevelopment project area. Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were adopted on or after December 16, 1986 and for which at least $8 million worth of municipal bonds were authorized on or after December 19, 1989 but before January 1, 1990; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance. Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were established on or after December 1, 1981 but before January 1, 1982 and for which at least $1,500,000 worth of tax increment revenue bonds were authorized on or after September 30, 1990 but before July 1, 1991; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance. (3.5) The municipality finds, in the case of an industrial park conservation area, also that the municipality is a labor surplus municipality and that the implementation of the redevelopment plan will reduce unemployment, create new jobs and by the provision of new facilities enhance the tax base of the taxing districts that extend into the redevelopment project area. (4) If any incremental revenues are being utilized under Section 8(a)(1) or 8(a)(2) of this Act in redevelopment project areas approved by ordinance after January 1, 1986, the municipality finds: (a) that the redevelopment project area would not reasonably be developed without the use of such incremental revenues, and (b) that such incremental revenues will be exclusively utilized for the development of the redevelopment project area. (5) On and after November 1, 1999, if the redevelopment plan will not result in displacement of 10 or more residents from inhabited units, and the municipality certifies in the plan that such displacement will not result from the plan, a housing impact study need not be performed. If, however, the redevelopment plan would result in the displacement of residents from 10 or more inhabited residential units, or if the redevelopment project area contains 75 or more inhabited residential units and no certification is made, then the municipality shall prepare, as part of the separate feasibility report required by subsection (a) of Section 11-74.4-5, a housing impact study. Part I of the housing impact study shall include (i) data as to whether the residential units are single family or multi-family units, (ii) the number and type of rooms within the units, if that information is available, (iii) whether the units are inhabited or uninhabited, as determined not less than 45 days before the date that the ordinance or resolution required by subsection (a) of Section 11-74.4-5 is passed, and (iv) data as to the racial and ethnic composition of the residents in the inhabited residential units. The data requirement as to the racial and ethnic composition of the residents in the inhabited residential units shall be deemed to be fully satisfied by data from the most recent federal census. Part II of the housing impact study shall identify the inhabited residential units in the proposed redevelopment project area that are to be or may be removed. If inhabited residential units are to be removed, then the housing impact study shall
[April 5, 2001] 264 identify (i) the number and location of those units that will or may be removed, (ii) the municipality's plans for relocation assistance for those residents in the proposed redevelopment project area whose residences are to be removed, (iii) the availability of replacement housing for those residents whose residences are to be removed, and shall identify the type, location, and cost of the housing, and (iv) the type and extent of relocation assistance to be provided. (6) On and after November 1, 1999, the housing impact study required by paragraph (5) shall be incorporated in the redevelopment plan for the redevelopment project area. (7) On and after November 1, 1999, no redevelopment plan shall be adopted, nor an existing plan amended, nor shall residential housing that is occupied by households of low-income and very low-income persons in currently existing redevelopment project areas be removed after November 1, 1999 unless the redevelopment plan provides, with respect to inhabited housing units that are to be removed for households of low-income and very low-income persons, affordable housing and relocation assistance not less than that which would be provided under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the regulations under that Act, including the eligibility criteria. Affordable housing may be either existing or newly constructed housing. For purposes of this paragraph (7), "low-income households", "very low-income households", and "affordable housing" have the meanings set forth in the Illinois Affordable Housing Act. The municipality shall make a good faith effort to ensure that this affordable housing is located in or near the redevelopment project area within the municipality. (8) On and after November 1, 1999, if, after the adoption of the redevelopment plan for the redevelopment project area, any municipality desires to amend its redevelopment plan to remove more inhabited residential units than specified in its original redevelopment plan, that increase in the number of units to be removed shall be deemed to be a change in the nature of the redevelopment plan as to require compliance with the procedures in this Act pertaining to the initial approval of a redevelopment plan. (9) For redevelopment project areas designated prior to November 1, 1999, the redevelopment plan may be amended without further joint review board meeting or hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested party registry, to authorize the municipality to expend tax increment revenues for redevelopment project costs defined by paragraphs (5) and (7.5), subparagraphs (E) and (F) of paragraph (11), and paragraph (11.5) of subsection (q) of Section 11-74.4-3, so long as the changes do not increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted. (o) "Redevelopment project" means any public and private development project in furtherance of the objectives of a redevelopment plan. On and after November 1, 1999 (the effective date of Public Act 91-478), no redevelopment plan may be approved or amended that includes the development of vacant land (i) with a golf course and related clubhouse and other facilities or (ii) designated by federal, State, county, or municipal government as public land for outdoor recreational activities or for nature preserves and used for that purpose within 5 years prior to the adoption of the redevelopment plan. For the purpose of this subsection, "recreational activities" is limited to mean camping and hunting. (p) "Redevelopment project area" means an area designated by the municipality, which is not less in the aggregate than 1 1/2 acres and in respect to which the municipality has made a finding that there exist conditions which cause the area to be classified as an industrial park conservation area or a blighted area or a conservation area, or a
265 [April 5, 2001] combination of both blighted areas and conservation areas. (q) "Redevelopment project costs" mean and include the sum total of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to a redevelopment plan and a redevelopment project. Such costs include, without limitation, the following: (1) Costs of studies, surveys, development of plans, and specifications, implementation and administration of the redevelopment plan including but not limited to staff and professional service costs for architectural, engineering, legal, financial, planning or other services, provided however that no charges for professional services may be based on a percentage of the tax increment collected; except that on and after November 1, 1999 (the effective date of Public Act 91-478), no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of 3 years. In addition, "redevelopment project costs" shall not include lobbying expenses. After consultation with the municipality, each tax increment consultant or advisor to a municipality that plans to designate or has designated a redevelopment project area shall inform the municipality in writing of any contracts that the consultant or advisor has entered into with entities or individuals that have received, or are receiving, payments financed by tax increment revenues produced by the redevelopment project area with respect to which the consultant or advisor has performed, or will be performing, service for the municipality. This requirement shall be satisfied by the consultant or advisor before the commencement of services for the municipality and thereafter whenever any other contracts with those individuals or entities are executed by the consultant or advisor; (1.5) After July 1, 1999, annual administrative costs shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan; (1.6) The cost of marketing sites within the redevelopment project area to prospective businesses, developers, and investors; (2) Property assembly costs, including but not limited to acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, site preparation, site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to parking lots and other concrete or asphalt barriers, and the clearing and grading of land; (3) Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; (4) Costs of the construction of public works or improvements, except that on and after November 1, 1999, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11-74.4-3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to November 1, 1999 or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is
[April 5, 2001] 266 required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; (5) Costs of job training and retraining projects, including the cost of "welfare to work" programs implemented by businesses located within the redevelopment project area; (6) Financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued hereunder including interest accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for not exceeding 36 months thereafter and including reasonable reserves related thereto; (7) To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the redevelopment plan and project. (7.5) For redevelopment project areas designated (or redevelopment project areas amended to add or increase the number of tax-increment-financing assisted housing units) on or after November 1, 1999, an elementary, secondary, or unit school district's increased costs attributable to assisted housing units located within the redevelopment project area for which the developer or redeveloper receives financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the assisted housing sites necessary for the completion of that housing as authorized by this Act, and which costs shall be paid by the municipality from the Special Tax Allocation Fund when the tax increment revenue is received as a result of the assisted housing units and shall be calculated annually as follows: (A) for foundation districts, excluding any school district in a municipality with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general State aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 25% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; (ii) for elementary school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 17% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; and (iii) for secondary school districts with a district average 1995-96 Per Capita Tuition Charge of less than $5,900, no more than 8% of the total amount of
267 [April 5, 2001] property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act. (B) For alternate method districts, flat grant districts, and foundation districts with a district average 1995-96 Per Capita Tuition Charge equal to or more than $5,900, excluding any school district with a population in excess of 1,000,000, by multiplying the district's increase in attendance resulting from the net increase in new students enrolled in that school district who reside in housing units within the redevelopment project area that have received financial assistance through an agreement with the municipality or because the municipality incurs the cost of necessary infrastructure improvements within the boundaries of the housing sites necessary for the completion of that housing as authorized by this Act since the designation of the redevelopment project area by the most recently available per capita tuition cost as defined in Section 10-20.12a of the School Code less any increase in general state aid as defined in Section 18-8.05 of the School Code attributable to these added new students subject to the following annual limitations: (i) for unit school districts, no more than 40% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; (ii) for elementary school districts, no more than 27% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act; and (iii) for secondary school districts, no more than 13% of the total amount of property tax increment revenue produced by those housing units that have received tax increment finance assistance under this Act. (C) For any school district in a municipality with a population in excess of 1,000,000, the following restrictions shall apply to the reimbursement of increased costs under this paragraph (7.5): (i) no increased costs shall be reimbursed unless the school district certifies that each of the schools affected by the assisted housing project is at or over its student capacity; (ii) the amount reimburseable shall be reduced by the value of any land donated to the school district by the municipality or developer, and by the value of any physical improvements made to the schools by the municipality or developer; and (iii) the amount reimbursed may not affect amounts otherwise obligated by the terms of any bonds, notes, or other funding instruments, or the terms of any redevelopment agreement. Any school district seeking payment under this paragraph (7.5) shall, after July 1 and before September 30 of each year, provide the municipality with reasonable evidence to support its claim for reimbursement before the municipality shall be required to approve or make the payment to the school district. If the school district fails to provide the information during this period in any year, it shall forfeit any claim to reimbursement for that year. School districts may adopt a resolution waiving the right to all or a portion of the reimbursement otherwise required by this paragraph (7.5). By acceptance of this reimbursement the school district waives the right to directly or indirectly set aside, modify, or contest in any manner the establishment of the redevelopment project area or projects; (8) Relocation costs to the extent that a municipality
[April 5, 2001] 268 determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law or in order to satisfy subparagraph (7) of subsection (n); (9) Payment in lieu of taxes; (10) Costs of job training, retraining, advanced vocational education or career education, including but not limited to courses in occupational, semi-technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in a redevelopment project area; and (ii) when incurred by a taxing district or taxing districts other than the municipality, are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Sections 10-22.20a and 10-23.3a of The School Code; (11) Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: (A) such costs are to be paid directly from the special tax allocation fund established pursuant to this Act; (B) such payments in any one year may not exceed 30% of the annual interest costs incurred by the redeveloper with regard to the redevelopment project during that year; (C) if there are not sufficient funds available in the special tax allocation fund to make the payment pursuant to this paragraph (11) then the amounts so due shall accrue and be payable when sufficient funds are available in the special tax allocation fund; (D) the total of such interest payments paid pursuant to this Act may not exceed 30% of the total (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to this Act; and (E) the cost limits set forth in subparagraphs (B) and (D) of paragraph (11) shall be modified for the financing of rehabilitated or new housing units for low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act. The percentage of 75% shall be substituted for 30% in subparagraphs (B) and (D) of paragraph (11). (F) Instead of the eligible costs provided by subparagraphs (B) and (D) of paragraph (11), as modified by this subparagraph, and notwithstanding any other provisions of this Act to the contrary, the municipality may pay from tax increment revenues up to 50% of the cost of construction of new housing units to be occupied by low-income households and very low-income households as defined in Section 3 of the Illinois Affordable Housing Act. The cost of construction of those units may be derived from the proceeds of bonds issued by the municipality under this Act or other constitutional or statutory authority or from other sources of municipal revenue that may be reimbursed from tax increment revenues or the proceeds of bonds issued to finance the construction of that housing. The eligible costs provided under this subparagraph (F)
269 [April 5, 2001] of paragraph (11) shall be an eligible cost for the construction, renovation, and rehabilitation of all low and very low-income housing units, as defined in Section 3 of the Illinois Affordable Housing Act, within the redevelopment project area. If the low and very low-income units are part of a residential redevelopment project that includes units not affordable to low and very low-income households, only the low and very low-income units shall be eligible for benefits under subparagraph (F) of paragraph (11). The standards for maintaining the occupancy by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, of those units constructed with eligible costs made available under the provisions of this subparagraph (F) of paragraph (11) shall be established by guidelines adopted by the municipality. The responsibility for annually documenting the initial occupancy of the units by low-income households and very low-income households, as defined in Section 3 of the Illinois Affordable Housing Act, shall be that of the then current owner of the property. For ownership units, the guidelines will provide, at a minimum, for a reasonable recapture of funds, or other appropriate methods designed to preserve the original affordability of the ownership units. For rental units, the guidelines will provide, at a minimum, for the affordability of rent to low and very low-income households. As units become available, they shall be rented to income-eligible tenants. The municipality may modify these guidelines from time to time; the guidelines, however, shall be in effect for as long as tax increment revenue is being used to pay for costs associated with the units or for the retirement of bonds issued to finance the units or for the life of the redevelopment project area, whichever is later. (11.5) If the redevelopment project area is located within a municipality with a population of more than 100,000, the cost of day care services for children of employees from low-income families working for businesses located within the redevelopment project area and all or a portion of the cost of operation of day care centers established by redevelopment project area businesses to serve employees from low-income families working in businesses located in the redevelopment project area. For the purposes of this paragraph, "low-income families" means families whose annual income does not exceed 80% of the municipal, county, or regional median income, adjusted for family size, as the annual income and municipal, county, or regional median income are determined from time to time by the United States Department of Housing and Urban Development. (12) Unless explicitly stated herein the cost of construction of new privately-owned buildings shall not be an eligible redevelopment project cost. (13) After November 1, 1999 (the effective date of Public Act 91-478), none of the redevelopment project costs enumerated in this subsection shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph, termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or operated by more than 50% of the original ownership in a redevelopment project area, but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, had become economically obsolete, or was no longer a viable location for the retailer or serviceman.
[April 5, 2001] 270 If a special service area has been established pursuant to the Special Service Area Tax Act or Special Service Area Tax Law, then any tax increment revenues derived from the tax imposed pursuant to the Special Service Area Tax Act or Special Service Area Tax Law may be used within the redevelopment project area for the purposes permitted by that Act or Law as well as the purposes permitted by this Act. (r) "State Sales Tax Boundary" means the redevelopment project area or the amended redevelopment project area boundaries which are determined pursuant to subsection (9) of Section 11-74.4-8a of this Act. The Department of Revenue shall certify pursuant to subsection (9) of Section 11-74.4-8a the appropriate boundaries eligible for the determination of State Sales Tax Increment. (s) "State Sales Tax Increment" means an amount equal to the increase in the aggregate amount of taxes paid by retailers and servicemen, other than retailers and servicemen subject to the Public Utilities Act, on transactions at places of business located within a State Sales Tax Boundary pursuant to the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act, except such portion of such increase that is paid into the State and Local Sales Tax Reform Fund, the Local Government Distributive Fund, the Local Government Tax Fund and the County and Mass Transit District Fund, for as long as State participation exists, over and above the Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts for such taxes as certified by the Department of Revenue and paid under those Acts by retailers and servicemen on transactions at places of business located within the State Sales Tax Boundary during the base year which shall be the calendar year immediately prior to the year in which the municipality adopted tax increment allocation financing, less 3.0% of such amounts generated under the Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax Act and the Service Occupation Tax Act, which sum shall be appropriated to the Department of Revenue to cover its costs of administering and enforcing this Section. For purposes of computing the aggregate amount of such taxes for base years occurring prior to 1985, the Department of Revenue shall compute the Initial Sales Tax Amount for such taxes and deduct therefrom an amount equal to 4% of the aggregate amount of taxes per year for each year the base year is prior to 1985, but not to exceed a total deduction of 12%. The amount so determined shall be known as the "Adjusted Initial Sales Tax Amount". For purposes of determining the State Sales Tax Increment the Department of Revenue shall for each period subtract from the tax amounts received from retailers and servicemen on transactions located in the State Sales Tax Boundary, the certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts for the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act and the Service Occupation Tax Act. For the State Fiscal Year 1989 this calculation shall be made by utilizing the calendar year 1987 to determine the tax amounts received. For the State Fiscal Year 1990, this calculation shall be made by utilizing the period from January 1, 1988, until September 30, 1988, to determine the tax amounts received from retailers and servicemen, which shall have deducted therefrom nine-twelfths of the certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For the State Fiscal Year 1991, this calculation shall be made by utilizing the period from October 1, 1988, until June 30, 1989, to determine the tax amounts received from retailers and servicemen, which shall have deducted therefrom nine-twelfths of the certified Initial State Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts as appropriate. For every State Fiscal Year thereafter, the applicable period shall be the 12 months beginning July 1 and ending on June 30, to determine the tax amounts received which shall have deducted therefrom the certified Initial Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the Revised Initial Sales Tax Amounts. Municipalities intending to receive a distribution of State Sales Tax Increment must report a list of retailers to the Department of Revenue
271 [April 5, 2001] by October 31, 1988 and by July 31, of each year thereafter. (t) "Taxing districts" means counties, townships, cities and incorporated towns and villages, school, road, park, sanitary, mosquito abatement, forest preserve, public health, fire protection, river conservancy, tuberculosis sanitarium and any other municipal corporations or districts with the power to levy taxes. (u) "Taxing districts' capital costs" means those costs of taxing districts for capital improvements that are found by the municipal corporate authorities to be necessary and directly result from the redevelopment project. (v) As used in subsection (a) of Section 11-74.4-3 of this Act, "vacant land" means any parcel or combination of parcels of real property without industrial, commercial, and residential buildings which has not been used for commercial agricultural purposes within 5 years prior to the designation of the redevelopment project area, unless the parcel is included in an industrial park conservation area or the parcel has been subdivided; provided that if the parcel was part of a larger tract that has been divided into 3 or more smaller tracts that were accepted for recording during the period from 1950 to 1990, then the parcel shall be deemed to have been subdivided, and all proceedings and actions of the municipality taken in that connection with respect to any previously approved or designated redevelopment project area or amended redevelopment project area are hereby validated and hereby declared to be legally sufficient for all purposes of this Act. For purposes of this Section and only for land subject to the subdivision requirements of the Plat Act, land is subdivided when the original plat of the proposed Redevelopment Project Area or relevant portion thereof has been properly certified, acknowledged, approved, and recorded or filed in accordance with the Plat Act and a preliminary plat, if any, for any subsequent phases of the proposed Redevelopment Project Area or relevant portion thereof has been properly approved and filed in accordance with the applicable ordinance of the municipality. (w) "Annual Total Increment" means the sum of each municipality's annual Net Sales Tax Increment and each municipality's annual Net Utility Tax Increment. The ratio of the Annual Total Increment of each municipality to the Annual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proportional shares of the Illinois Tax Increment Fund to be distributed to each municipality. (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99; 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff. 6-9-00) (65 ILCS 5/11-74.4-4.1) Sec. 11-74.4-4.1. Feasibility study. (a) If a municipality by its corporate authorities, or as it may determine by any commission designated under subsection (k) of Section 11-74.4-4, adopts an ordinance or resolution providing for a feasibility study on the designation of an area as a redevelopment project area, a copy of the ordinance or resolution shall immediately be sent to all taxing districts that would be affected by the designation. On and after the effective date of this amendatory Act of the 91st General Assembly, the ordinance or resolution shall include: (1) The boundaries of the area to be studied for possible designation as a redevelopment project area. (2) The purpose or purposes of the proposed redevelopment plan and project. (3) A general description of tax increment allocation financing under this Act. (4) The name, phone number, and address of the municipal officer who can be contacted for additional information about the proposed redevelopment project area and who should receive all comments and suggestions regarding the redevelopment of the area to be studied. (b) If one of the purposes of the planned redevelopment project area should reasonably be expected to result in the displacement of
[April 5, 2001] 272 residents from 10 or more inhabited residential units, the municipality shall adopt a resolution or ordinance providing for the feasibility study described in subsection (a). The ordinance or resolution shall also require that the feasibility study include the preparation of the housing impact study set forth in paragraph (5) of subsection (n) of Section 11-74.4-3. If the redevelopment plan will not result in displacement of 10 or more residents from inhabited units, and the municipality certifies in the plan that such displacement will not result from the plan, then a resolution or ordinance need not be adopted. (Source: P.A. 91-478, eff. 11-1-99.) (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5) Sec. 11-74.4-5. (a) The changes made by this amendatory Act of the 91st General Assembly do not apply to a municipality that, (i) before the effective date of this amendatory Act of the 91st General Assembly, has adopted an ordinance or resolution fixing a time and place for a public hearing under this Section or (ii) before July 1, 1999, has adopted an ordinance or resolution providing for a feasibility study under Section 11-74.4-4.1, but has not yet adopted an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under Section 11-74.4-4, until after that municipality adopts an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under Section 11-74.4-4; thereafter the changes made by this amendatory Act of the 91st General Assembly apply to the same extent that they apply to redevelopment plans and redevelopment projects that were approved and redevelopment projects that were designated before the effective date of this amendatory Act of the 91st General Assembly. Prior to the adoption of an ordinance proposing the designation of a redevelopment project area, or approving a redevelopment plan or redevelopment project, the municipality by its corporate authorities, or as it may determine by any commission designated under subsection (k) of Section 11-74.4-4 shall adopt an ordinance or resolution fixing a time and place for public hearing. At least 10 days prior to the adoption of the ordinance or resolution establishing the time and place for the public hearing, the municipality shall make available for public inspection a redevelopment plan or a separate report that provides in reasonable detail the basis for the eligibility of the redevelopment project area. The report along with the name of a person to contact for further information shall be sent within a reasonable time after the adoption of such ordinance or resolution to the affected taxing districts by certified mail. On and after the effective date of this amendatory Act of the 91st General Assembly, the municipality shall print in a newspaper of general circulation within the municipality a notice that interested persons may register with the municipality in order to receive information on the proposed designation of a redevelopment project area or the approval of a redevelopment plan. The notice shall state the place of registration and the operating hours of that place. The municipality shall have adopted reasonable rules to implement this registration process under Section 11-74.4-4.2. The municipality shall provide notice of the availability of the redevelopment plan and eligibility report, including how to obtain this information, by mail within a reasonable time after the adoption of the ordinance or resolution, to all residential addresses that, after a good faith effort, the municipality determines are located within 750 feet of the boundaries of the proposed redevelopment project area. This requirement is subject to the limitation that in a municipality with a population of over 100,000, if the total number of residential addresses within 750 feet of the boundaries of the proposed redevelopment project area exceeds 750, the municipality shall be required to provide the notice to only the 750 residential addresses that, after a good faith effort, the municipality determines are closest to the boundaries of the proposed redevelopment project area. The notice shall also be provided by the municipality, regardless of its population, to those organizations and residents that have registered with the municipality for that
273 [April 5, 2001] information in accordance with the registration guidelines established by the municipality under Section 11-74.4-4.2.
[April 5, 2001] 274 person who resides in the redevelopment project area. If, as determined by the housing impact study provided for in paragraph (5) of subsection (n) of Section 11-74.4-3, or if no housing impact study is required then based on other reasonable data, the majority of residential units are occupied by very low, low, or moderate income households, as defined in Section 3 of the Illinois Affordable Housing Act, the public member shall be a person who resides in very low, low, or moderate income housing within the redevelopment project area. Municipalities with fewer than 15,000 residents shall not be required to select a person who lives in very low, low, or moderate income housing within the redevelopment project area, provided that the redevelopment plan or project will not result in displacement of residents from 10 or more inhabited units, and the municipality so certifies in the plan. If no person satisfying these requirements is available or if no qualified person will serve as the public member, then the joint review board is relieved of this paragraph's selection requirements for the public member. Within 90 days of the effective date of this amendatory Act of the 91st General Assembly, each municipality that designated a redevelopment project area for which it was not required to convene a joint review board under this Section shall convene a joint review board to perform the duties specified under paragraph (e) of this Section. All board members shall be appointed and the first board meeting shall be held
275 [April 5, 2001] requirements and eligibility criteria. If the board recommends rejection of the matters before it, the municipality will have 30 days within which to resubmit the plan or amendment. During this period, the municipality will meet and confer with the board and attempt to resolve those issues set forth in the board's written report that led
[April 5, 2001] 276 displacement of the households will exceed 10, may be made without further hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested parties registry, provided for under Section 11-74.4-4.2, and by publication in a newspaper of general circulation within the affected taxing district. Such notice by mail and by publication shall each occur not later than 10 days following the adoption by ordinance of such changes. (d) After the effective date of this amendatory Act of the 91st General Assembly, a municipality shall submit the following information for each redevelopment project area (i) to the State Comptroller under Section 8-8-3.5 of the Illinois Municipal Code and (ii) to all taxing districts overlapping the redevelopment project area no later than 180 days after the close of each municipal fiscal year or as soon thereafter as the audited financial statements become available and, in any case, shall be submitted before the annual meeting of the Joint Review Board to each of the taxing districts that overlap the redevelopment project area: (1) Any amendments to the redevelopment plan, the redevelopment project area, or the State Sales Tax Boundary. (1.5) A list of the redevelopment project areas administered by the municipality and, if applicable, the date each redevelopment project area was designated or terminated by the municipality. (2) Audited financial statements of the special tax allocation fund once a cumulative total of $100,000 has been deposited in the fund. (3) Certification of the Chief Executive Officer of the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year. (4) An opinion of legal counsel that the municipality is in compliance with this Act. (5) An analysis of the special tax allocation fund which sets forth: (A) the balance in the special tax allocation fund at the beginning of the fiscal year; (B) all amounts deposited in the special tax allocation fund by source; (C) an itemized list of all expenditures from the special tax allocation fund by category of permissible redevelopment project cost; and (D) the balance in the special tax allocation fund at the end of the fiscal year including a breakdown of that balance by source and a breakdown of that balance identifying any portion of the balance that is required, pledged, earmarked, or otherwise designated for payment of or securing of obligations and anticipated redevelopment project costs. Any portion of such ending balance that has not been identified or is not identified as being required, pledged, earmarked, or otherwise designated for payment of or securing of obligations or anticipated redevelopment projects costs shall be designated as surplus as set forth in Section 11-74.4-7 hereof. (6) A description of all property purchased by the municipality within the redevelopment project area including: (A) Street address. (B) Approximate size or description of property. (C) Purchase price. (D) Seller of property. (7) A statement setting forth all activities undertaken in furtherance of the objectives of the redevelopment plan, including: (A) Any project implemented in the preceding fiscal year. (B) A description of the redevelopment activities undertaken. (C) A description of any agreements entered into by the municipality with regard to the disposition or redevelopment
277 [April 5, 2001] of any property within the redevelopment project area or the area within the State Sales Tax Boundary. (D) Additional information on the use of all funds received under this Division and steps taken by the municipality to achieve the objectives of the redevelopment plan. (E) Information regarding contracts that the municipality's tax increment advisors or consultants have entered into with entities or persons that have received, or are receiving, payments financed by tax increment revenues produced by the same redevelopment project area. (F) Any reports submitted to the municipality by the joint review board. (G) A review of public and, to the extent possible, private investment actually undertaken to date after the effective date of this amendatory Act of the 91st General Assembly and estimated to be undertaken during the following year. This review shall, on a project-by-project basis, set forth the estimated amounts of public and private investment incurred after the effective date of this amendatory Act of the 91st General Assembly and provide the ratio of private investment to public investment to the date of the report and as estimated to the completion of the redevelopment project. (8) With regard to any obligations issued by the municipality: (A) copies of any official statements; and (B) an analysis prepared by financial advisor or underwriter setting forth: (i) nature and term of obligation; and (ii) projected debt service including required reserves and debt coverage. (9) For special tax allocation funds that have experienced cumulative deposits of incremental tax revenues of $100,000 or more, a certified audit report reviewing compliance with this Act performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended, or the standards specified by Section 8-8-5 of the Illinois Municipal Auditing Law of the Illinois Municipal Code. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3. For redevelopment plans or projects that would result in the displacement of residents from 10 or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the information, including how to obtain the report, required in this subsection shall also be sent by mail to all residents or organizations that operate in the municipality that register with the municipality for that information according to registration procedures adopted under Section 11-74.4-4.2. All municipalities are subject to this provision. (d-1) Prior to the effective date of this amendatory Act of the 91st General Assembly, municipalities with populations of over 1,000,000 shall, after adoption of a redevelopment plan or project, make available upon request to any taxing district in which the redevelopment project area is located the following information: (1) Any amendments to the redevelopment plan, the redevelopment project area, or the State Sales Tax Boundary; and (2) In connection with any redevelopment project area for which the municipality has outstanding obligations issued to provide for redevelopment project costs pursuant to Section 11-74.4-7, audited financial statements of the special tax allocation fund. (e) The joint review board shall meet annually 180 days after the
[April 5, 2001] 278 close of the municipal fiscal year or as soon as the redevelopment project audit for that fiscal year becomes available to review the effectiveness and status of the redevelopment project area up to that date. (f) (Blank). (g) In the event that a municipality has held a public hearing under this Section prior to March 14, 1994 (the effective date of Public Act 88-537), the requirements imposed by Public Act 88-537 relating to the method of fixing the time and place for public hearing, the materials and information required to be made available for public inspection, and the information required to be sent after adoption of an ordinance or resolution fixing a time and place for public hearing shall not be applicable. (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99; 91-900, eff. 7-6-00.) (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7) Sec. 11-74.4-7. Obligations secured by the special tax allocation fund set forth in Section 11-74.4-8 for the redevelopment project area may be issued to provide for redevelopment project costs. Such obligations, when so issued, shall be retired in the manner provided in the ordinance authorizing the issuance of such obligations by the receipts of taxes levied as specified in Section 11-74.4-9 against the taxable property included in the area, by revenues as specified by Section 11-74.4-8a and other revenue designated by the municipality. A municipality may in the ordinance pledge all or any part of the funds in and to be deposited in the special tax allocation fund created pursuant to Section 11-74.4-8 to the payment of the redevelopment project costs and obligations. Any pledge of funds in the special tax allocation fund shall provide for distribution to the taxing districts and to the Illinois Department of Revenue of moneys not required, pledged, earmarked, or otherwise designated for payment and securing of the obligations and anticipated redevelopment project costs and such excess funds shall be calculated annually and deemed to be "surplus" funds. In the event a municipality only applies or pledges a portion of the funds in the special tax allocation fund for the payment or securing of anticipated redevelopment project costs or of obligations, any such funds remaining in the special tax allocation fund after complying with the requirements of the application or pledge, shall also be calculated annually and deemed "surplus" funds. All surplus funds in the special tax allocation fund shall be distributed annually within 180 days after the close of the municipality's fiscal year by being paid by the municipal treasurer to the County Collector, to the Department of Revenue and to the municipality in direct proportion to the tax incremental revenue received as a result of an increase in the equalized assessed value of property in the redevelopment project area, tax incremental revenue received from the State and tax incremental revenue received from the municipality, but not to exceed as to each such source the total incremental revenue received from that source. The County Collector shall thereafter make distribution to the respective taxing districts in the same manner and proportion as the most recent distribution by the county collector to the affected districts of real property taxes from real property in the redevelopment project area. Without limiting the foregoing in this Section, the municipality may in addition to obligations secured by the special tax allocation fund pledge for a period not greater than the term of the obligations towards payment of such obligations any part or any combination of the following: (a) net revenues of all or part of any redevelopment project; (b) taxes levied and collected on any or all property in the municipality; (c) the full faith and credit of the municipality; (d) a mortgage on part or all of the redevelopment project; or (e) any other taxes or anticipated receipts that the municipality may lawfully pledge. Such obligations may be issued in one or more series bearing interest at such rate or rates as the corporate authorities of the municipality shall determine by ordinance. Such obligations shall bear
279 [April 5, 2001] such date or dates, mature at such time or times not exceeding 20 years from their respective dates, be in such denomination, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, contain such covenants, terms and conditions, and be subject to redemption as such ordinance shall provide. Obligations issued pursuant to this Act may be sold at public or private sale at such price as shall be determined by the corporate authorities of the municipalities. No referendum approval of the electors shall be required as a condition to the issuance of obligations pursuant to this Division except as provided in this Section. In the event the municipality authorizes issuance of obligations pursuant to the authority of this Division secured by the full faith and credit of the municipality, which obligations are other than obligations which may be issued under home rule powers provided by Article VII, Section 6 of the Illinois Constitution, or pledges taxes pursuant to (b) or (c) of the second paragraph of this section, the ordinance authorizing the issuance of such obligations or pledging such taxes shall be published within 10 days after such ordinance has been passed in one or more newspapers, with general circulation within such municipality. The publication of the ordinance shall be accompanied by a notice of (1) the specific number of voters required to sign a petition requesting the question of the issuance of such obligations or pledging taxes to be submitted to the electors; (2) the time in which such petition must be filed; and (3) the date of the prospective referendum. The municipal clerk shall provide a petition form to any individual requesting one. If no petition is filed with the municipal clerk, as hereinafter provided in this Section, within 30 days after the publication of the ordinance, the ordinance shall be in effect. But, if within that 30 day period a petition is filed with the municipal clerk, signed by electors in the municipality numbering 10% or more of the number of registered voters in the municipality, asking that the question of issuing obligations using full faith and credit of the municipality as security for the cost of paying for redevelopment project costs, or of pledging taxes for the payment of such obligations, or both, be submitted to the electors of the municipality, the corporate authorities of the municipality shall call a special election in the manner provided by law to vote upon that question, or, if a general, State or municipal election is to be held within a period of not less than 30 or more than 90 days from the date such petition is filed, shall submit the question at the next general, State or municipal election. If it appears upon the canvass of the election by the corporate authorities that a majority of electors voting upon the question voted in favor thereof, the ordinance shall be in effect, but if a majority of the electors voting upon the question are not in favor thereof, the ordinance shall not take effect. The ordinance authorizing the obligations may provide that the obligations shall contain a recital that they are issued pursuant to this Division, which recital shall be conclusive evidence of their validity and of the regularity of their issuance. In the event the municipality authorizes issuance of obligations pursuant to this Section secured by the full faith and credit of the municipality, the ordinance authorizing the obligations may provide for the levy and collection of a direct annual tax upon all taxable property within the municipality sufficient to pay the principal thereof and interest thereon as it matures, which levy may be in addition to and exclusive of the maximum of all other taxes authorized to be levied by the municipality, which levy, however, shall be abated to the extent that monies from other sources are available for payment of the obligations and the municipality certifies the amount of said monies available to the county clerk. A certified copy of such ordinance shall be filed with the county clerk of each county in which any portion of the municipality is situated, and shall constitute the authority for the extension and collection of the taxes to be deposited in the special tax allocation
[April 5, 2001] 280 fund. A municipality may also issue its obligations to refund in whole or in part, obligations theretofore issued by such municipality under the authority of this Act, whether at or prior to maturity, provided however, that the last maturity of the refunding obligations shall not be expressed to mature later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the ordinance approving the redevelopment project area is adopted if the ordinance was adopted on or after January 15, 1981, and not later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the thirty-fifth calendar year after the year in which the ordinance approving the redevelopment project area is adopted (A) if the ordinance was adopted before January 15, 1981, or (B) if the ordinance was adopted in December 1983, April 1984, July 1985, or December 1989, or (C) if the ordinance was adopted in December, 1987 and the redevelopment project is located within one mile of Midway Airport, or (D) if the ordinance was adopted before January 1, 1987 by a municipality in Mason County, or (E) if the municipality is subject to the Local Government Financial Planning and Supervision Act or the Financially Distressed City Law, or (F) if the ordinance was adopted in December 1984 by the Village of Rosemont, or (G) if the ordinance was adopted on December 31, 1986 by a municipality located in Clinton County for which at least $250,000 of tax increment bonds were authorized on June 17, 1997, or if the ordinance was adopted on December 31, 1986 by a municipality with a population in 1990 of less than 3,600 that is located in a county with a population in 1990 of less than 34,000 and for which at least $250,000 of tax increment bonds were authorized on June 17, 1997, or (H) if the ordinance was adopted on October 5, 1982 by the City of Kankakee, or (I) if the ordinance was adopted on December 29, 1986 by East St. Louis, or if the ordinance was adopted on November 12, 1991 by the Village of Sauget, or (J) if the ordinance was adopted on February 11, 1985 by the City of Rock Island, or (K) if the ordinance was adopted before December 18, 1986 by the City of Moline, or (L) if the ordinance was adopted in September 1988 by Sauk Village, or (M) if the ordinance was adopted in October 1993 by Sauk Village, or (N) if the ordinance was adopted on December 29, 1986 by the City of Galva, or (O) if the ordinance was adopted in March 1991 by the City of Centreville and, for redevelopment project areas for which bonds were issued before July 29, 1991, in connection with a redevelopment project in the area within the State Sales Tax Boundary and which were extended by municipal ordinance under subsection (n) of Section 11-74.4-3, the last maturity of the refunding obligations shall not be expressed to mature later than the date on which the redevelopment project area is terminated or December 31, 2013, whichever date occurs first. In the event a municipality issues obligations under home rule powers or other legislative authority the proceeds of which are pledged to pay for redevelopment project costs, the municipality may, if it has followed the procedures in conformance with this division, retire said obligations from funds in the special tax allocation fund in amounts and in such manner as if such obligations had been issued pursuant to the provisions of this division. All obligations heretofore or hereafter issued pursuant to this Act shall not be regarded as indebtedness of the municipality issuing such obligations or any other taxing district for the purpose of any limitation imposed by law. (Source: P.A. 90-379, eff. 8-14-97; 91-261, eff. 7-23-99; 91-477, eff. 8-11-99; 91-478, eff. 11-1-99; 91-642, eff. 8-20-99; 91-763, eff. 6-9-00.) (65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a) Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality which has adopted tax increment allocation financing prior to January 1, 1987,
281 [April 5, 2001] may by ordinance (1) authorize the Department of Revenue, subject to appropriation, to annually certify and cause to be paid from the Illinois Tax Increment Fund to such municipality for deposit in the municipality's special tax allocation fund an amount equal to the Net State Sales Tax Increment and (2) authorize the Department of Revenue to annually notify the municipality of the amount of the Municipal Sales Tax Increment which shall be deposited by the municipality in the municipality's special tax allocation fund. Provided that for purposes of this Section no amendments adding additional area to the redevelopment project area which has been certified as the State Sales Tax Boundary shall be taken into account if such amendments are adopted by the municipality after January 1, 1987. If an amendment is adopted which decreases the area of a State Sales Tax Boundary, the municipality shall update the list required by subsection (3)(a) of this Section. The Retailers' Occupation Tax liability, Use Tax liability, Service Occupation Tax liability and Service Use Tax liability for retailers and servicemen located within the disconnected area shall be excluded from the base from which tax increments are calculated and the revenue from any such retailer or serviceman shall not be included in calculating incremental revenue payable to the municipality. A municipality adopting an ordinance under this subsection (1) of this Section for a redevelopment project area which is certified as a State Sales Tax Boundary shall not be entitled to payments of State taxes authorized under subsection (2) of this Section for the same redevelopment project area. Nothing herein shall be construed to prevent a municipality from receiving payment of State taxes authorized under subsection (2) of this Section for a separate redevelopment project area that does not overlap in any way with the State Sales Tax Boundary receiving payments of State taxes pursuant to subsection (1) of this Section. A certified copy of such ordinance shall be submitted by the municipality to the Department of Commerce and Community Affairs and the Department of Revenue not later than 30 days after the effective date of the ordinance. Upon submission of the ordinances, and the information required pursuant to subsection 3 of this Section, the Department of Revenue shall promptly determine the amount of such taxes paid under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act by retailers and servicemen on transactions at places located in the redevelopment project area during the base year, and shall certify all the foregoing "initial sales tax amounts" to the municipality within 60 days of submission of the list required of subsection (3)(a) of this Section. If a retailer or serviceman with a place of business located within a redevelopment project area also has one or more other places of business within the municipality but outside the redevelopment project area, the retailer or serviceman shall, upon request of the Department of Revenue, certify to the Department of Revenue the amount of taxes paid pursuant to the Retailers' Occupation Tax Act, the Municipal Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Municipal Service Occupation Tax Act at each place of business which is located within the redevelopment project area in the manner and for the periods of time requested by the Department of Revenue. When the municipality determines that a portion of an increase in the aggregate amount of taxes paid by retailers and servicemen under the Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, or the Service Occupation Tax Act is the result of a retailer or serviceman initiating retail or service operations in the redevelopment project area by such retailer or serviceman with a resulting termination of retail or service operations by such retailer or serviceman at another location in Illinois in the standard metropolitan statistical area of such municipality, the Department of Revenue shall be notified that the retailers occupation tax liability, use tax liability, service occupation tax liability, or service use tax liability from such retailer's or serviceman's terminated operation
[April 5, 2001] 282 shall be included in the base Initial Sales Tax Amounts from which the State Sales Tax Increment is calculated for purposes of State payments to the affected municipality; provided, however, for purposes of this paragraph "termination" shall mean a closing of a retail or service operation which is directly related to the opening of the same retail or service operation in a redevelopment project area which is included within a State Sales Tax Boundary, but it shall not include retail or service operations closed for reasons beyond the control of the retailer or serviceman, as determined by the Department. If the municipality makes the determination referred to in the prior paragraph and notifies the Department and if the relocation is from a location within the municipality, the Department, at the request of the municipality, shall adjust the certified aggregate amount of taxes that constitute the Municipal Sales Tax Increment paid by retailers and servicemen on transactions at places of business located within the State Sales Tax Boundary during the base year using the same procedures as are employed to make the adjustment referred to in the prior paragraph. The adjusted Municipal Sales Tax Increment calculated by the Department shall be sufficient to satisfy the requirements of subsection (1) of this Section. When a municipality which has adopted tax increment allocation financing in 1986 determines that a portion of the aggregate amount of taxes paid by retailers and servicemen under the Retailers Occupation Tax Act, Use Tax Act, Service Use Tax Act, or Service Occupation Tax Act, the Municipal Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act, includes revenue of a retailer or serviceman which terminated retailer or service operations in 1986, prior to the adoption of tax increment allocation financing, the Department of Revenue shall be notified by such municipality that the retailers' occupation tax liability, use tax liability, service occupation tax liability or service use tax liability, from such retailer's or serviceman's terminated operations shall be excluded from the Initial Sales Tax Amounts for such taxes. The revenue from any such retailer or serviceman which is excluded from the base year under this paragraph, shall not be included in calculating incremental revenues if such retailer or serviceman reestablishes such business in the redevelopment project area. For State fiscal year 1992, the Department of Revenue shall budget, and the Illinois General Assembly shall appropriate from the Illinois Tax Increment Fund in the State treasury, an amount not to exceed $18,000,000 to pay to each eligible municipality the Net State Sales Tax Increment to which such municipality is entitled. Beginning on January 1, 1993, each municipality's proportional share of the Illinois Tax Increment Fund shall be determined by adding the annual Net State Sales Tax Increment and the annual Net Utility Tax Increment to determine the Annual Total Increment. The ratio of the Annual Total Increment of each municipality to the Annual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proportional shares of the Illinois Tax Increment Fund to be distributed to each municipality. Beginning in October, 1993, and each January, April, July and October thereafter, the Department of Revenue shall certify to the Treasurer and the Comptroller the amounts payable quarter annually during the fiscal year to each municipality under this Section. The Comptroller shall promptly then draw warrants, ordering the State Treasurer to pay such amounts from the Illinois Tax Increment Fund in the State treasury. The Department of Revenue shall utilize the same periods established for determining State Sales Tax Increment to determine the Municipal Sales Tax Increment for the area within a State Sales Tax Boundary and certify such amounts to such municipal treasurer who shall transfer such amounts to the special tax allocation fund. The provisions of this subsection (1) do not apply to additional municipal retailers' occupation or service occupation taxes imposed by municipalities using their home rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. A municipality
283 [April 5, 2001] shall not receive from the State any share of the Illinois Tax Increment Fund unless such municipality deposits all its Municipal Sales Tax Increment and the local incremental real property tax revenues, as provided herein, into the appropriate special tax allocation fund. If, however, a municipality has extended the estimated dates of completion of the redevelopment project and retirement of obligations to finance redevelopment project costs by municipal ordinance to December 31, 2013 under subsection (n) of Section 11-74.4-3, then that municipality shall continue to receive from the State a share of the Illinois Tax Increment Fund so long as the municipality deposits, from any funds available, excluding funds in the special tax allocation fund, an amount equal to the municipal share of the real property tax increment revenues into the special tax allocation fund during the extension period. The amount to be deposited by the municipality in each of the tax years affected by the extension to December 31, 2013 shall be equal to the municipal share of the property tax increment deposited into the special tax allocation fund by the municipality for the most recent year that the property tax increment was distributed. A municipality located within an economic development project area created under the County Economic Development Project Area Property Tax Allocation Act which has abated any portion of its property taxes which otherwise would have been deposited in its special tax allocation fund shall not receive from the State the Net Sales Tax Increment. (2) A municipality which has adopted tax increment allocation financing with regard to an industrial park or industrial park conservation area, prior to January 1, 1988, may by ordinance authorize the Department of Revenue to annually certify and pay from the Illinois Tax Increment Fund to such municipality for deposit in the municipality's special tax allocation fund an amount equal to the Net State Utility Tax Increment. Provided that for purposes of this Section no amendments adding additional area to the redevelopment project area shall be taken into account if such amendments are adopted by the municipality after January 1, 1988. Municipalities adopting an ordinance under this subsection (2) of this Section for a redevelopment project area shall not be entitled to payment of State taxes authorized under subsection (1) of this Section for the same redevelopment project area which is within a State Sales Tax Boundary. Nothing herein shall be construed to prevent a municipality from receiving payment of State taxes authorized under subsection (1) of this Section for a separate redevelopment project area within a State Sales Tax Boundary that does not overlap in any way with the redevelopment project area receiving payments of State taxes pursuant to subsection (2) of this Section. A certified copy of such ordinance shall be submitted to the Department of Commerce and Community Affairs and the Department of Revenue not later than 30 days after the effective date of the ordinance. When a municipality determines that a portion of an increase in the aggregate amount of taxes paid by industrial or commercial facilities under the Public Utilities Act, is the result of an industrial or commercial facility initiating operations in the redevelopment project area with a resulting termination of such operations by such industrial or commercial facility at another location in Illinois, the Department of Revenue shall be notified by such municipality that such industrial or commercial facility's liability under the Public Utility Tax Act shall be included in the base from which tax increments are calculated for purposes of State payments to the affected municipality. After receipt of the calculations by the public utility as required by subsection (4) of this Section, the Department of Revenue shall annually budget and the Illinois General Assembly shall annually appropriate from the General Revenue Fund through State Fiscal Year 1989, and thereafter from the Illinois Tax Increment Fund, an amount sufficient to pay to each eligible municipality the amount of incremental revenue attributable to State electric and gas taxes as reflected by the charges imposed on persons in the project area to which such municipality is entitled by comparing the preceding calendar
[April 5, 2001] 284 year with the base year as determined by this Section. Beginning on January 1, 1993, each municipality's proportional share of the Illinois Tax Increment Fund shall be determined by adding the annual Net State Utility Tax Increment and the annual Net Utility Tax Increment to determine the Annual Total Increment. The ratio of the Annual Total Increment of each municipality to the Annual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proportional shares of the Illinois Tax Increment Fund to be distributed to each municipality. A municipality shall not receive any share of the Illinois Tax Increment Fund from the State unless such municipality imposes the maximum municipal charges authorized pursuant to Section 9-221 of the Public Utilities Act and deposits all municipal utility tax incremental revenues as certified by the public utilities, and all local real estate tax increments into such municipality's special tax allocation fund. (3) Within 30 days after the adoption of the ordinance required by either subsection (1) or subsection (2) of this Section, the municipality shall transmit to the Department of Commerce and Community Affairs and the Department of Revenue the following: (a) if applicable, a certified copy of the ordinance required by subsection (1) accompanied by a complete list of street names and the range of street numbers of each street located within the redevelopment project area for which payments are to be made under this Section in both the base year and in the year preceding the payment year; and the addresses of persons registered with the Department of Revenue; and, the name under which each such retailer or serviceman conducts business at that address, if different from the corporate name; and the Illinois Business Tax Number of each such person (The municipality shall update this list in the event of a revision of the redevelopment project area, or the opening or closing or name change of any street or part thereof in the redevelopment project area, or if the Department of Revenue informs the municipality of an addition or deletion pursuant to the monthly updates given by the Department.); (b) if applicable, a certified copy of the ordinance required by subsection (2) accompanied by a complete list of street names and range of street numbers of each street located within the redevelopment project area, the utility customers in the project area, and the utilities serving the redevelopment project areas; (c) certified copies of the ordinances approving the redevelopment plan and designating the redevelopment project area; (d) a copy of the redevelopment plan as approved by the municipality; (e) an opinion of legal counsel that the municipality had complied with the requirements of this Act; and (f) a certification by the chief executive officer of the municipality that with regard to a redevelopment project area: (1) the municipality has committed all of the municipal tax increment created pursuant to this Act for deposit in the special tax allocation fund, (2) the redevelopment projects described in the redevelopment plan would not be completed without the use of State incremental revenues pursuant to this Act, (3) the municipality will pursue the implementation of the redevelopment plan in an expeditious manner, (4) the incremental revenues created pursuant to this Section will be exclusively utilized for the development of the redevelopment project area, and (5) the increased revenue created pursuant to this Section shall be used exclusively to pay redevelopment project costs as defined in this Act. (4) The Department of Revenue upon receipt of the information set forth in paragraph (b) of subsection (3) shall immediately forward such information to each public utility furnishing natural gas or electricity to buildings within the redevelopment project area. Upon receipt of such information, each public utility shall promptly: (a) provide to the Department of Revenue and the municipality separate lists of the names and addresses of persons within the
285 [April 5, 2001] redevelopment project area receiving natural gas or electricity from such public utility. Such list shall be updated as necessary by the public utility. Each month thereafter the public utility shall furnish the Department of Revenue and the municipality with an itemized listing of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons within the redevelopment project area. (b) determine the amount of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area during the base year, both as a result of municipal taxes on electricity and gas and as a result of State taxes on electricity and gas and certify such amounts both to the municipality and the Department of Revenue; and (c) determine the amount of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area on a monthly basis during the base year, both as a result of State and municipal taxes on electricity and gas and certify such separate amounts both to the municipality and the Department of Revenue. After the determinations are made in paragraphs (b) and (c), the public utility shall monthly during the existence of the redevelopment project area notify the Department of Revenue and the municipality of any increase in charges over the base year determinations made pursuant to paragraphs (b) and (c). (5) The payments authorized under this Section shall be deposited by the municipal treasurer in the special tax allocation fund of the municipality, which for accounting purposes shall identify the sources of each payment as: municipal receipts from the State retailers occupation, service occupation, use and service use taxes; and municipal public utility taxes charged to customers under the Public Utilities Act and State public utility taxes charged to customers under the Public Utilities Act. (6) Before the effective date of this amendatory Act of the 91st General Assembly, any municipality receiving payments authorized under this Section for any redevelopment project area or area within a State Sales Tax Boundary within the municipality shall submit to the Department of Revenue and to the taxing districts which are sent the notice required by Section 6 of this Act annually within 180 days after the close of each municipal fiscal year the following information for the immediately preceding fiscal year: (a) Any amendments to the redevelopment plan, the redevelopment project area, or the State Sales Tax Boundary. (b) Audited financial statements of the special tax allocation fund. (c) Certification of the Chief Executive Officer of the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year. (d) An opinion of legal counsel that the municipality is in compliance with this Act. (e) An analysis of the special tax allocation fund which sets forth: (1) the balance in the special tax allocation fund at the beginning of the fiscal year; (2) all amounts deposited in the special tax allocation fund by source; (3) all expenditures from the special tax allocation fund by category of permissible redevelopment project cost; and (4) the balance in the special tax allocation fund at the end of the fiscal year including a breakdown of that balance by source. Such ending balance shall be designated as surplus if it is not required for anticipated redevelopment project costs or to pay debt service on bonds issued to finance redevelopment project costs, as set forth in Section 11-74.4-7 hereof. (f) A description of all property purchased by the
[April 5, 2001] 286 municipality within the redevelopment project area including: 1. Street address 2. Approximate size or description of property 3. Purchase price 4. Seller of property. (g) A statement setting forth all activities undertaken in furtherance of the objectives of the redevelopment plan, including: 1. Any project implemented in the preceding fiscal year 2. A description of the redevelopment activities undertaken 3. A description of any agreements entered into by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary. (h) With regard to any obligations issued by the municipality: 1. copies of bond ordinances or resolutions 2. copies of any official statements 3. an analysis prepared by financial advisor or underwriter setting forth: (a) nature and term of obligation; and (b) projected debt service including required reserves and debt coverage. (i) A certified audit report reviewing compliance with this statute performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3. If the audit indicates that expenditures are not in compliance with the law, the Department of Revenue shall withhold State sales and utility tax increment payments to the municipality until compliance has been reached, and an amount equal to the ineligible expenditures has been returned to the Special Tax Allocation Fund. (6.1) After July 29, 1988 and before the effective date of this amendatory Act of the 91st General Assembly, any funds which have not been designated for use in a specific development project in the annual report shall be designated as surplus. No funds may be held in the Special Tax Allocation Fund for more than 36 months from the date of receipt unless the money is required for payment of contractual obligations for specific development project costs. If held for more than 36 months in violation of the preceding sentence, such funds shall be designated as surplus. Any funds designated as surplus must first be used for early redemption of any bond obligations. Any funds designated as surplus which are not disposed of as otherwise provided in this paragraph, shall be distributed as surplus as provided in Section 11-74.4-7. (7) Any appropriation made pursuant to this Section for the 1987 State fiscal year shall not exceed the amount of $7 million and for the 1988 State fiscal year the amount of $10 million. The amount which shall be distributed to each municipality shall be the incremental revenue to which each municipality is entitled as calculated by the Department of Revenue, unless the requests of the municipality exceed the appropriation, then the amount to which each municipality shall be entitled shall be prorated among the municipalities in the same proportion as the increment to which the municipality would be entitled bears to the total increment which all municipalities would receive in the absence of this limitation, provided that no municipality may receive an amount in excess of 15% of the appropriation. For the 1987 Net State Sales Tax Increment payable in Fiscal Year 1989, no municipality shall receive more than 7.5% of the total appropriation; provided, however, that any of the appropriation remaining after such distribution shall be prorated among municipalities on the basis of
287 [April 5, 2001] their pro rata share of the total increment. Beginning on January 1, 1993, each municipality's proportional share of the Illinois Tax Increment Fund shall be determined by adding the annual Net State Sales Tax Increment and the annual Net Utility Tax Increment to determine the Annual Total Increment. The ratio of the Annual Total Increment of each municipality to the Annual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proportional shares of the Illinois Tax Increment Fund to be distributed to each municipality. (7.1) No distribution of Net State Sales Tax Increment to a municipality for an area within a State Sales Tax Boundary shall exceed in any State Fiscal Year an amount equal to 3 times the sum of the Municipal Sales Tax Increment, the real property tax increment and deposits of funds from other sources, excluding state and federal funds, as certified by the city treasurer to the Department of Revenue for an area within a State Sales Tax Boundary. After July 29, 1988, for those municipalities which issue bonds between June 1, 1988 and 3 years from July 29, 1988 to finance redevelopment projects within the area in a State Sales Tax Boundary, the distribution of Net State Sales Tax Increment during the 16th through 20th years from the date of issuance of the bonds shall not exceed in any State Fiscal Year an amount equal to 2 times the sum of the Municipal Sales Tax Increment, the real property tax increment and deposits of funds from other sources, excluding State and federal funds. (8) Any person who knowingly files or causes to be filed false information for the purpose of increasing the amount of any State tax incremental revenue commits a Class A misdemeanor. (9) The following procedures shall be followed to determine whether municipalities have complied with the Act for the purpose of receiving distributions after July 1, 1989 pursuant to subsection (1) of this Section 11-74.4-8a. (a) The Department of Revenue shall conduct a preliminary review of the redevelopment project areas and redevelopment plans pertaining to those municipalities receiving payments from the State pursuant to subsection (1) of Section 8a of this Act for the purpose of determining compliance with the following standards: (1) For any municipality with a population of more than 12,000 as determined by the 1980 U.S. Census: (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 25% of the area within the municipal boundaries nor more than 20% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall be not more than 25% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986. (2) For any municipality with a population of 12,000 or less as determined by the 1980 U.S. Census: (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 35% of the area within the municipal boundaries nor more than 30% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall not be more than 35% of the total base year taxes paid by retailers and servicemen
[April 5, 2001] 288 on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986. (3) Such preliminary review of the redevelopment project areas applying the above standards shall be completed by November 1, 1988, and on or before November 1, 1988, the Department shall notify each municipality by certified mail, return receipt requested that either (1) the Department requires additional time in which to complete its preliminary review; or (2) the Department is issuing either (a) a Certificate of Eligibility or (b) a Notice of Review. If the Department notifies a municipality that it requires additional time to complete its preliminary investigation, it shall complete its preliminary investigation no later than February 1, 1989, and by February 1, 1989 shall issue to each municipality either (a) a Certificate of Eligibility or (b) a Notice of Review. A redevelopment project area for which a Certificate of Eligibility has been issued shall be deemed a "State Sales Tax Boundary." (4) The Department of Revenue shall also issue a Notice of Review if the Department has received a request by November 1, 1988 to conduct such a review from taxpayers in the municipality, local taxing districts located in the municipality or the State of Illinois, or if the redevelopment project area has more than 5 retailers and has had growth in State sales tax revenue of more than 15% from calendar year 1985 to 1986. (b) For those municipalities receiving a Notice of Review, the Department will conduct a secondary review consisting of: (i) application of the above standards contained in subsection (9)(a)(1)(a) and (b) or (9)(a)(2)(a) and (b), and (ii) the definitions of blighted and conservation area provided for in Section 11-74.4-3. Such secondary review shall be completed by July 1, 1989. Upon completion of the secondary review, the Department will issue (a) a Certificate of Eligibility or (b) a Preliminary Notice of Deficiency. Any municipality receiving a Preliminary Notice of Deficiency may amend its redevelopment project area to meet the standards and definitions set forth in this paragraph (b). This amended redevelopment project area shall become the "State Sales Tax Boundary" for purposes of determining the State Sales Tax Increment. (c) If the municipality advises the Department of its intent to comply with the requirements of paragraph (b) of this subsection outlined in the Preliminary Notice of Deficiency, within 120 days of receiving such notice from the Department, the municipality shall submit documentation to the Department of the actions it has taken to cure any deficiencies. Thereafter, within 30 days of the receipt of the documentation, the Department shall either issue a Certificate of Eligibility or a Final Notice of Deficiency. If the municipality fails to advise the Department of its intent to comply or fails to submit adequate documentation of such cure of deficiencies the Department shall issue a Final Notice of Deficiency that provides that the municipality is ineligible for payment of the Net State Sales Tax Increment. (d) If the Department issues a final determination of ineligibility, the municipality shall have 30 days from the receipt of determination to protest and request a hearing. Such hearing shall be conducted in accordance with Sections 10-25, 10-35, 10-40, and 10-50 of the Illinois Administrative Procedure Act. The decision following the hearing shall be subject to review under the Administrative Review Law. (e) Any Certificate of Eligibility issued pursuant to this
289 [April 5, 2001] subsection 9 shall be binding only on the State for the purposes of establishing municipal eligibility to receive revenue pursuant to subsection (1) of this Section 11-74.4-8a. (f) It is the intent of this subsection that the periods of time to cure deficiencies shall be in addition to all other periods of time permitted by this Section, regardless of the date by which plans were originally required to be adopted. To cure said deficiencies, however, the municipality shall be required to follow the procedures and requirements pertaining to amendments, as provided in Sections 11-74.4-5 and 11-74.4-6 of this Act. (10) If a municipality adopts a State Sales Tax Boundary in accordance with the provisions of subsection (9) of this Section, such boundaries shall subsequently be utilized to determine Revised Initial Sales Tax Amounts and the Net State Sales Tax Increment; provided, however, that such revised State Sales Tax Boundary shall not have any effect upon the boundary of the redevelopment project area established for the purposes of determining the ad valorem taxes on real property pursuant to Sections 11-74.4-7 and 11-74.4-8 of this Act nor upon the municipality's authority to implement the redevelopment plan for that redevelopment project area. For any redevelopment project area with a smaller State Sales Tax Boundary within its area, the municipality may annually elect to deposit the Municipal Sales Tax Increment for the redevelopment project area in the special tax allocation fund and shall certify the amount to the Department prior to receipt of the Net State Sales Tax Increment. Any municipality required by subsection (9) to establish a State Sales Tax Boundary for one or more of its redevelopment project areas shall submit all necessary information required by the Department concerning such boundary and the retailers therein, by October 1, 1989, after complying with the procedures for amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of this Act. Net State Sales Tax Increment produced within the State Sales Tax Boundary shall be spent only within that area. However expenditures of all municipal property tax increment and municipal sales tax increment in a redevelopment project area are not required to be spent within the smaller State Sales Tax Boundary within such redevelopment project area. (11) The Department of Revenue shall have the authority to issue rules and regulations for purposes of this Section. and regulations for purposes of this Section. (12) If, under Section 5.4.1 of the Illinois Enterprise Zone Act, a municipality determines that property that lies within a State Sales Tax Boundary has an improvement, rehabilitation, or renovation that is entitled to a property tax abatement, then that property along with any improvements, rehabilitation, or renovations shall be immediately removed from any State Sales Tax Boundary. The municipality that made the determination shall notify the Department of Revenue within 30 days after the determination. Once a property is removed from the State Sales Tax Boundary because of the existence of a property tax abatement resulting from an enterprise zone, then that property shall not be permitted to be amended into a State Sales Tax Boundary. (Source: P.A. 90-258, eff. 7-30-97; 91-51, eff. 6-30-99; 91-478, eff. 11-1-99.) 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. 5 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 403. Having been recalled on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative John Jones offered the following amendment and moved its adoption:
[April 5, 2001] 290 AMENDMENT NO. 5 TO HOUSE BILL 403 AMENDMENT NO. 5. Amend House Bill 403, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Firearms Retail Sale Licensing Act. Section 5. Definitions. In this Act: "Adjudicated as a disabled person" means adjudicated as a disabled person under the Probate Act of 1975 or the laws of another state. "BATF" means the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury. "Cannabis" has the meaning ascribed to it in the Cannabis Control Act. "Controlled substance" has the meaning ascribed to it in the Illinois Controlled Substances Act. "Crime punishable by imprisonment for a term exceeding one year" does not include: (A) any federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less. What constitutes a conviction of such a crime must be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored must not be considered a conviction for purposes of this Act, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. "Department" means the Department of State Police. "Dealer" means: (A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. "Licensed dealer" means any dealer who is licensed under the provisions of this Act. "Pawnbroker" means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money. "Engaged in the business", as applied to a dealer in firearms, means a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms, as defined in Section 921 (a)(11)(B) of the federal Gun Control Act of 1968. "With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; provided that proof of profit is not required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism. "Firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. "Handgun" has the meaning ascribed to it in paragraph (h)(2) of subsection (A) of Section 24-3 of the Criminal Code of 1961. "Fugitive from justice" means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.
291 [April 5, 2001] "Indictment" means an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. "Licensed dealer" means any firearm dealer who is required to be licensed under both this Act and Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). "Mental condition" means having been adjudicated by the State as having a state of mind manifested by violent, suicidal, threatening or assaultive behavior. "Multiple handgun sale" means the sale of 2 or more handguns to the same person within 5 business days by the same licensed dealer who is not licensed under this Act. "Person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company. Section 10. Unlicensed firearms dealer; prohibition. No person, required to be licensed under this Act, may knowingly sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with intent to sell or transfer any firearm without being licensed under this Act. This prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or as a hobby, who sells all or part of his or her personal collection of firearms, or who is not required to be licensed under this Act or Section 921(a)(21) of the Gun Control Act of 1968 (18 U.S.C. 921(a)(21). Section 15. License application; requirements. (a) Each applicant for a firearms dealer license must: (1) Make application on blank forms prepared and furnished at convenient locations throughout the State by the Department of State Police; and (2) Submit evidence under penalty of perjury to the Department of State Police that: (i) The applicant is 21 years of age or over; or (ii) In the case of a corporation, partnership, or association, an individual possessing, directly or indirectly, the power to direct or cause the direction of management and policies of the corporation, partnership, or association: (A) has not been convicted of a felony under the laws of this or any other jurisdiction; (B) has not been convicted of and is not under indictment for a crime punishable by imprisonment for a term exceeding one year; (C) is not a fugitive from justice; (D) is not addicted to narcotics, a controlled substance, or cannabis; (E) has not been adjudicated as a disabled person or committed to a mental institution and does not have a mental condition that poses a clear and present danger to the applicant, another person, or the community. (F) is not an alien who is illegally or unlawfully present in the United States under the laws of the United States; (G) is not a former citizen of the United States who has renounced his or her citizenship; (b) The provisions of subdivision (a)(2)(ii) do not apply to a person who has been granted relief from disabilities under subsection (c) of Section 925 of Title 18 of the United States Code or to a licensed dealer who is indicted if, before the expiration of the term of the existing license, timely application is made for a new license during the term of indictment and until any conviction under the indictment becomes final. (c) The applicant must submit a full set of legible fingerprints on forms prescribed by the Department. (d) The applicant must have in the State premises from which he or she conducts business subject to a license under this Act or from which he or she intends to conduct such business within a reasonable period of time. This subsection (d) does not apply to a federally licensed
[April 5, 2001] 292 firearm dealer whose primary place of business is located in another state. The applicant must certify that the business to be conducted under the license is not prohibited under local law where the licensed premise is located. (e) The applicant must submit to the Department an application fee of $150. (f) A license granted under this Act expires 3 years from its date of issue. (g) No later than 30 days after the filing of a proper application and appropriate fee, submitted under Section 15 of this Act, the Department must issue a license to the applicant that entitles the licensee to transport, ship, receive, and sell firearms and firearm ammunition during the period stated in the license. Nothing in this Act shall be construed to prohibit a licensed dealer from maintaining and disposing of a personal collection of firearms or firearms ammunition, subject only to the restrictions that apply in 18 U.S.C. 923 of the Gun Control Act of 1968 and the Firearm Owners Identification Card Act. Section 20. License retention. (a) A person licensed under this Act must at all times have in effect a valid license issued by the United States Treasury Bureau of Alcohol, Tobacco and Firearms under 18 U.S.C. 923 of the Gun Control Act of 1968. (b) Business will not be conducted under a license until the requirements of local zoning ordinances have been met. (c) A licensed dealer may not knowingly violate any provision of federal and State laws pertaining to the acquisition, sale, or transfer of firearms or firearms ammunition. (d) Licensed dealers must participate in the dial up system as provided in Section 3.1 of the Firearm Owners Identification Card Act. (e) Licensed dealers may display, sell, or transfer firearms or transact business at gun shows open to the general public or at any regular meeting or banquet of an incorporated collectors club, association, or membership organization in accordance with this Act and federal law. (f) A separate license must be obtained for each separate place of business. However, nothing in this Section must require a separate or additional license for a licensed dealer conducting business in accordance with item (e) of this Section at gun shows open to the general public or at any regular meeting or banquet of an incorporated collectors club, association, or membership organization. (g) The license or a copy of the license issued by the Department must be displayed on the premise at a location where it can easily be read. (h) The licensee must obtain a certificate of registration issued under the Retailers' Occupation Tax Act. Section 25. Enforcement; hearings; suspension; revocation; notice. (a) This Act must be enforced by the Department for the purpose of determining compliance with this Act. The Department may conduct one unannounced compliance inspection per year. Inspections may not disrupt the normal business operations of the licensee. (b) The Department, after 30 days notice to the licensee and reasonable opportunity for the licensee to be heard, may revoke a license or may suspend a license up to one year upon satisfactory proof that the licensee has violated or permitted a violation of any requirement of this Act or is no longer eligible to obtain a license under Section 15. A person whose license has been revoked by the Department is disqualified to receive a license for 5 years after the revocation. Proceedings for revocation or suspension under this Section may only be initiated by the Department. Section 30. Submission to the Department; (a) Within 48 hours of discovering evidence of a break-in at a licensee's place of business listed on his or her license, he or she must report the incident to the Department. (b) Within 48 hours of discovering evidence of a theft or loss of firearms or ammunition from his or her inventory, the licensee must
293 [April 5, 2001] report the incident to the Department. (c) Within 48 hours of discovering evidence of a lost or stolen shipment of firearms or firearms ammunition, the licensee must report the incident to the Department. (d) Within 7 days of making a sale of multiple handguns, the licensee must forward a copy of the multiple purchase form to the Department. Unless required for a open criminal investigation, the Department must destroy any and all records or copies pertaining to the multiple purchase form with in 30 days. All records maintained by the licensee are the property of the licensee and may not be removed from his or her property without the licensee's consent or by court order. Section 35. Penalties (a) A person who knowingly makes a false statement or knowingly conceals a material fact or uses false information or identification in any application for a license under this Act commits a Class A misdemeanor. (b) A person who is engaged in the business of selling firearms or ammunition without a license under this Act commits a Class A misdemeanor for the first offense. A second or subsequent offense is a Class 4 felony. In any other action or proceeding under the provisions of this Act, the court, when it finds that such action was without foundation or was initiated vexatiously, frivolously, or in bad faith must allow the prevailing party, other than the State or unit of local government, a reasonable attorney's fee, and the State or unit of local government which brought such action must be liable therefor. Section 40. Exemptions. The following persons are not required to be licensed under this Act: (1) Persons considered licensed collectors by the BATF. (2) Any person who is not engaged in the business. Section 105. The Criminal Code of 1961 is amended by changing Section 24-3.1 as follows: (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) Sec. 24-3.1. Unlawful possession of firearms and firearm ammunition. (a) A person commits the offense of unlawful possession of firearms or firearm ammunition when: (1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person; or (2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or (3) He is a narcotic addict and has any firearms or firearm ammunition in his possession; or (4) He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession; or (5) He is mentally retarded and has any firearms or firearm ammunition in his possession; or (6) He has in his possession any explosive bullet. For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or (b) Sentence. Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. (c) The provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act of the 92nd General Assembly by any unit of local government that imposes restrictions or limitations on the acquisition, possession, transportation, storage, purchase, sale, or other dealing in rifles and shotguns and ammunition, components, accessories, and accoutrements of
[April 5, 2001] 294 rifles and shotguns in a manner other than those that are imposed by subsection (a) of this Section are invalid, except as authorized by this Code, and all those existing ordinances and resolutions are void. (d) A unit of local government, including a home rule unit, may not regulate the acquisition, possession, transportation, storage, purchase, sale, or other dealing in rifles and shotguns, and may not regulate ammunition, components, accessories, or accoutrements for rifles and shotguns in a manner inconsistent with subsection (a). This Section is limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 91-696, eff. 4-13-00.) Section 999. Effective date. This Act takes effect upon becoming law, except that the Firearms Retail Sale Licensing Act takes effect July 1, 2002.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 5 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3097. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 3097 AMENDMENT NO. 1. Amend House Bill 3097 by replacing everything after the enacting clause with the following: "Section 5. The Mail Order Contact Lens Act is amended by changing Section 30 as follows: (225 ILCS 83/30) Sec. 30. Violation; defenses; civil penalty. (a) Any person who dispenses, offers to dispense, or attempts to dispense contact lenses in violation of this Act or its rules shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in the Illinois Administrative Procedure Act. (b) The Department may investigate all violations of this Act. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order constitutes a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 91-421, eff. 1-1-00.)". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1904. Having been recalled on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1904
295 [April 5, 2001] AMENDMENT NO. 1. Amend House Bill 1904 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Illinois Highway Code is amended by adding Section 4-104 as follows: (605 ILCS 5/4-104 new) Sec. 4-104. Subcontractors' trust agreements. This Section applies to subcontractors' retainage amounts equal to or greater than $2,000. Upon the contractor's receipt of the first partial or progress payment from the Department, at the request of the subcontractor and with the approval of the contractor, the retainage of the subcontract shall be deposited under a trust agreement with an Illinois financial institution, whose deposits are insured by an agency or instrumentality of the federal government, of the subcontractor's choice and subject to the approval of the contractor. The subcontractor shall receive any interest on the amount deposited. Upon application by the subcontractor, a trust agreement by the financial institution and the contractor must contain, at a minimum, the following provisions: (1) The amount to be deposited subject to the trust. (2) The terms and conditions of payment in case of default of the subcontractor. (3) The termination of the trust agreement upon completion of the subcontract. The subcontractor is responsible for obtaining the written consent of the financial institution trustee. Any costs or service fees must be borne by the subcontractor. The trust agreement may, at the discretion of the contractor and upon request of the subcontractor, become operative at the time of the first partial payment in accordance with existing statutes and Department procedures. This Section applies to all subcontracts in effect on and after the effective date of this amendatory Act of the 92nd General Assembly. 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 ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2390. Having been recalled on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative May offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 2390 AMENDMENT NO. 2. Amend House Bill 2390, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 18-4.4 as follows: (105 ILCS 5/18-4.4) (from Ch. 122, par. 18-4.4) Sec. 18-4.4. Tax Equivalent Grants. When any State institution is located in a school district in which the State owns 45% or more of the total land area of the district or when a United States military installation or base is located in a school district with a population of less than 500,000 and there are students residing on the military installation or base who are in attendance in the district, the State Superintendent of Education shall annually direct the State Comptroller to pay the amount of the tax-equivalent grants provided in this Section, and the State Comptroller shall draw his warrant upon the State Treasurer for the payment of the grants. For fiscal year 1995 and each fiscal year thereafter, the grant shall equal 0.5% of the equalized assessed valuation of the land owned by the State or the
[April 5, 2001] 296 United States (computing that equalized assessed valuation by multiplying the average value per taxable acre of the school district by the total number of acres of land owned by the State or the United States). Annually on or before September 15, 1994 and July 1, thereafter, the district superintendent shall certify to the State Board of Education the following matters: 1. The name of the State institution or United States military installation or base. 2. The total land area of the district in acres. 3. The total ownership of the land of the State or the United States in acres. 4. The total equalized assessed value of all the land in the district. 5. The rate of school tax payable in the year. 6. The computed amount of the tax-equivalent grant claimed. However, for fiscal year 2002 only, for a school district making a claim under this Section for a United States military installation or base, the district superintendent shall certify the matters on or before September 15, 2001 or 30 days after this amendatory Act of the 92nd General Assembly becomes law, whichever is later. Failure of any district superintendent to certify the claim for the tax-equivalent grant on or before September 15, 1994 or July 1 of a subsequent year shall constitute a forfeiture by the district of its right to such grant for the school year. The grants to school districts where a military installation or base is located in the district and students residing on the military installation or base are in attendance in the district shall be appropriated for distribution from a separate line item. Payments under this Section that are due because of the changes made to this Section by this amendatory Act of the 92nd General Assembly shall commence in fiscal year 2002. (Source: P.A. 91-723, eff. 6-2-00.) 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 ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2426. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2426 AMENDMENT NO. 1. Amend House Bill 2426 by replacing everything after the enacting clause with the following: "Section 5. The Emergency Telephone System Act is amended by changing Section 0.01 as follows: (50 ILCS 750/0.01) (from Ch. 134, par. 30.01) Sec. 0.01. Short title. This Act
297 [April 5, 2001] AMENDMENT NO. 2. Amend House Bill 2426, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Emergency Telephone System Act is amended by adding Section 2.20 as follows: (50 ILCS 750/2.20 new) Sec. 2.20. Private branch exchange. "Private branch exchange" or "PBX" means a private telephone system and associated equipment located on the user's property that provides communications between internal stations and external networks. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 2565. Having been recalled on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Berns offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO HOUSE BILL 2565 AMENDMENT NO. 2. Amend House Bill 2565, AS AMENDED, by replacing the title with the following: "AN ACT in relation to sports.". AMENDMENT NO. 3 TO HOUSE BILL 2565 AMENDMENT NO. 3. Amend House Bill 2565, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 4, by replacing lines 26 through 29 with the following: "its branches. The Director shall appoint each member to"; and on page 13, by replacing lines 25 through 27 with the following: "administration of the Act. Each boxing instructor
[April 5, 2001] 298 The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. HOUSE BILL 3373. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 remained in the Committee on Rules. Representative Hassert offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 3373 AMENDMENT NO. 2. Amend House Bill 3373 by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Sections 39.5, 54.12, 54.13, and 55.3 as follows: (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5) Sec. 39.5. Clean Air Act Permit Program. 1. Definitions. For purposes of this Section: "Administrative permit amendment" means a permit revision subject to subsection 13 of this Section. "Affected source for acid deposition" means a source that includes one or more affected units under Title IV of the Clean Air Act. "Affected States" for purposes of formal distribution of a draft CAAPP permit to other States for comments prior to issuance, means all States: (1) Whose air quality may be affected by the source covered by the draft permit and that are contiguous to Illinois; or (2) That are within 50 miles of the source. "Affected unit for acid deposition" shall have the meaning given to the term "affected unit" in the regulations promulgated under Title IV of the Clean Air Act. "Applicable Clean Air Act requirement" means all of the following as they apply to emissions units in a source (including regulations that have been promulgated or approved by USEPA pursuant to the Clean Air Act which directly impose requirements upon a source and other such federal requirements which have been adopted by the Board. These may include requirements and regulations which have future effective compliance dates. Requirements and regulations will be exempt if USEPA determines that such requirements need not be contained in a Title V permit): (1) Any standard or other requirement provided for in the applicable state implementation plan approved or promulgated by USEPA under Title I of the Clean Air Act that implement the relevant requirements of the Clean Air Act, including any revisions to the state Implementation Plan promulgated in 40 CFR Part 52, Subparts A and O and other subparts applicable to Illinois. For purposes of this subsection (1) of this definition, "any standard or other requirement" shall mean only such standards or requirements directly enforceable against an individual source under the Clean Air Act. (2)(i) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated by USEPA under Title I of the Clean Air Act, including Part C or D of the Clean Air Act. (ii) Any term or condition as required pursuant to Section 39.5 of any federally enforceable State operating permit issued pursuant to regulations approved or promulgated
299 [April 5, 2001] by USEPA under Title I of the Clean Air Act, including Part C or D of the Clean Air Act. (3) Any standard or other requirement under Section 111 of the Clean Air Act, including Section 111(d). (4) Any standard or other requirement under Section 112 of the Clean Air Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Clean Air Act. (5) Any standard or other requirement of the acid rain program under Title IV of the Clean Air Act or the regulations promulgated thereunder. (6) Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Clean Air Act. (7) Any standard or other requirement governing solid waste incineration, under Section 129 of the Clean Air Act. (8) Any standard or other requirement for consumer and commercial products, under Section 183(e) of the Clean Air Act. (9) Any standard or other requirement for tank vessels, under Section 183(f) of the Clean Air Act. (10) Any standard or other requirement of the program to control air pollution from Outer Continental Shelf sources, under Section 328 of the Clean Air Act. (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless USEPA has determined that such requirements need not be contained in a Title V permit. (12) Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Clean Air Act. "Applicable requirement" means all applicable Clean Air Act requirements and any other standard, limitation, or other requirement contained in this Act or regulations promulgated under this Act as applicable to sources of air contaminants (including requirements that have future effective compliance dates). "CAAPP" means the Clean Air Act Permit Program, developed pursuant to Title V of the Clean Air Act. "CAAPP application" means an application for a CAAPP permit. "CAAPP Permit" or "permit" (unless the context suggests otherwise) means any permit issued, renewed, amended, modified or revised pursuant to Title V of the Clean Air Act. "CAAPP source" means any source for which the owner or operator is required to obtain a CAAPP permit pursuant to subsection 2 of this Section. "Clean Air Act" means the Clean Air Act, as now and hereafter amended, 42 U.S.C. 7401, et seq. "Designated representative" shall have the meaning given to it in Section 402(26) of the Clean Air Act and the regulations promulgated thereunder which states that the term 'designated representative' shall mean a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in all matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. "Draft CAAPP permit" means the version of a CAAPP permit for which public notice and an opportunity for public comment and hearing is offered by the Agency. "Effective date of the CAAPP" means the date that USEPA approves Illinois' CAAPP. "Emission unit" means any part or activity of a stationary source that emits or has the potential to emit any air pollutant. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Clean Air Act. "Federally enforceable" means enforceable by USEPA. "Final permit action" means the Agency's granting with conditions, refusal to grant, renewal of, or revision of a CAAPP permit, the Agency's determination of incompleteness of a submitted CAAPP
[April 5, 2001] 300 application, or the Agency's failure to act on an application for a permit, permit renewal, or permit revision within the time specified in paragraph 5(j), subsection 13, or subsection 14 of this Section. "General permit" means a permit issued to cover numerous similar sources in accordance with subsection 11 of this Section. "Major source" means a source for which emissions of one or more air pollutants meet the criteria for major status pursuant to paragraph 2(c) of this Section. "Maximum achievable control technology" or "MACT" means the maximum degree of reductions in emissions deemed achievable under Section 112 of the Clean Air Act. "Owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary source. "Permit modification" means a revision to a CAAPP permit that cannot be accomplished under the provisions for administrative permit amendments under subsection 13 of this Section. "Permit revision" means a permit modification or administrative permit amendment. "Phase II" means the period of the national acid rain program, established under Title IV of the Clean Air Act, beginning January 1, 2000, and continuing thereafter. "Phase II acid rain permit" means the portion of a CAAPP permit issued, renewed, modified, or revised by the Agency during Phase II for an affected source for acid deposition. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by USEPA. This definition does not alter or affect the use of this term for any other purposes under the Clean Air Act, or the term "capacity factor" as used in Title IV of the Clean Air Act or the regulations promulgated thereunder. "Preconstruction Permit" or "Construction Permit" means a permit which is to be obtained prior to commencing or beginning actual construction or modification of a source or emissions unit. "Proposed CAAPP permit" means the version of a CAAPP permit that the Agency proposes to issue and forwards to USEPA for review in compliance with applicable requirements of the Act and regulations promulgated thereunder. "Regulated air pollutant" means the following: (1) Nitrogen oxides (NOx) or any volatile organic compound. (2) Any pollutant for which a national ambient air quality standard has been promulgated. (3) Any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act. (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act. (5) Any pollutant subject to a standard promulgated under Section 112 or other requirements established under Section 112 of the Clean Air Act, including Sections 112(g), (j) and (r). (i) Any pollutant subject to requirements under Section 112(j) of the Clean Air Act. Any pollutant listed under Section 112(b) for which the subject source would be major shall be considered to be regulated 18 months after the date on which USEPA was required to promulgate an applicable standard pursuant to Section 112(e) of the Clean Air Act, if USEPA fails to promulgate such standard. (ii) Any pollutant for which the requirements of Section 112(g)(2) of the Clean Air Act have been met, but only with respect to the individual source subject to Section 112(g)(2) requirement. "Renewal" means the process by which a permit is reissued at the end of its term.
301 [April 5, 2001] "Responsible official" means one of the following: (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), or (ii) the delegation of authority to such representative is approved in advance by the Agency. (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively, or in the case of a partnership in which all of the partners are corporations, a duly authorized representative of the partnership if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), or (ii) the delegation of authority to such representative is approved in advance by the Agency. (3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of USEPA). (4) For affected sources for acid deposition: (i) The designated representative shall be the "responsible official" in so far as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated thereunder are concerned. (ii) The designated representative may also be the "responsible official" for any other purposes with respect to air pollution control. "Section 502(b)(10) changes" means changes that contravene express permit terms. "Section 502(b)(10) changes" do not include changes that would violate applicable requirements or contravene federally enforceable permit terms or conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. "Solid waste incineration unit" means a distinct operating unit of any facility which combusts any solid waste material from commercial or industrial establishments or the general public (including single and multiple residences, hotels, and motels). The term does not include incinerators or other units required to have a permit under Section 3005 of the Solid Waste Disposal Act. The term also does not include (A) materials recovery facilities (including primary or secondary smelters) which combust waste for the primary purpose of recovering metals, (B) qualifying small power production facilities, as defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as defined in Section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as units which burn tires or used oil, but not including refuse-derived fuel) for the production of electric energy or in the case of qualifying cogeneration facilities which burn homogeneous waste for the production of electric energy and steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes, or (C) air curtain incinerators provided that such incinerators only burn wood wastes, yard waste and clean lumber and that such air curtain incinerators comply with opacity limitations to be established by the USEPA by rule. "Source" means any stationary source (or any group of stationary
[April 5, 2001] 302 sources) that are located on one or more contiguous or adjacent properties that are under common control of the same person (or persons under common control) and that belongs to a single major industrial grouping. For the purposes of defining "source," a stationary source or group of stationary sources shall be considered part of a single major industrial grouping if all of the pollutant emitting activities at such source or group of sources located on contiguous or adjacent properties and under common control belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987, or such pollutant emitting activities at a stationary source (or group of stationary sources) located on contiguous or adjacent properties and under common control constitute a support facility. The determination as to whether any group of stationary sources are located on contiguous or adjacent properties, and/or are under common control, and/or whether the pollutant emitting activities at such group of stationary sources constitute a support facility shall be made on a case by case basis. "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) of the Clean Air Act. "Support facility" means any stationary source (or group of stationary sources) that conveys, stores, or otherwise assists to a significant extent in the production of a principal product at another stationary source (or group of stationary sources). A support facility shall be considered to be part of the same source as the stationary source (or group of stationary sources) that it supports regardless of the 2-digit Standard Industrial Classification code for the support facility. "USEPA" means the Administrator of the United States Environmental Protection Agency (USEPA) or a person designated by the Administrator. 1.1. Exclusion From the CAAPP. a. An owner or operator of a source which determines that the source could be excluded from the CAAPP may seek such exclusion prior to the date that the CAAPP application for the source is due but in no case later than 9 months after the effective date of the CAAPP through the imposition of federally enforceable conditions limiting the "potential to emit" of the source to a level below the major source threshold for that source as described in paragraph 2(c) of this Section, within a State operating permit issued pursuant to Section 39(a) of this Act. After such date, an exclusion from the CAAPP may be sought under paragraph 3(c) of this Section. b. An owner or operator of a source seeking exclusion from the CAAPP pursuant to paragraph (a) of this subsection must submit a permit application consistent with the existing State permit program which specifically requests such exclusion through the imposition of such federally enforceable conditions. c. Upon such request, if the Agency determines that the owner or operator of a source has met the requirements for exclusion pursuant to paragraph (a) of this subsection and other applicable requirements for permit issuance under Section 39(a) of this Act, the Agency shall issue a State operating permit for such source under Section 39(a) of this Act, as amended, and regulations promulgated thereunder with federally enforceable conditions limiting the "potential to emit" of the source to a level below the major source threshold for that source as described in paragraph 2(c) of this Section. d. The Agency shall provide an owner or operator of a source which may be excluded from the CAAPP pursuant to this subsection with reasonable notice that the owner or operator may seek such exclusion. e. The Agency shall provide such sources with the necessary permit application forms. 2. Applicability. a. Sources subject to this Section shall include: i. Any major source as defined in paragraph (c) of this
303 [April 5, 2001] subsection. ii. Any source subject to a standard or other requirements promulgated under Section 111 (New Source Performance Standards) or Section 112 (Hazardous Air Pollutants) of the Clean Air Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r) of the Clean Air Act. iii. Any affected source for acid deposition, as defined in subsection 1 of this Section. iv. Any other source subject to this Section under the Clean Air Act or regulations promulgated thereunder, or applicable Board regulations. b. Sources exempted from this Section shall include: i. All sources listed in paragraph (a) of this subsection which are not major sources, affected sources for acid deposition or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Clean Air Act, until the source is required to obtain a CAAPP permit pursuant to the Clean Air Act or regulations promulgated thereunder. ii. Nonmajor sources subject to a standard or other requirements subsequently promulgated by USEPA under Section 111 or 112 of the Clean Air Act which are determined by USEPA to be exempt at the time a new standard is promulgated. iii. All sources and source categories that would be required to obtain a permit solely because they are subject to Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters (40 CFR Part 60). iv. All sources and source categories that would be required to obtain a permit solely because they are subject to Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145 (40 CFR Part 61). v. Any other source categories exempted by USEPA regulations pursuant to Section 502(a) of the Clean Air Act. c. For purposes of this Section the term "major source" means any source that is: i. A major source under Section 112 of the Clean Air Act, which is defined as: A. For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Clean Air Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as USEPA may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such stations are major sources. B. For radionuclides, "major source" shall have the meaning specified by the USEPA by rule. ii. A major stationary source of air pollutants, as defined in Section 302 of the Clean Air Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by USEPA). For purposes of this subsection, "fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. The fugitive emissions of a stationary source shall not be
[April 5, 2001] 304 considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the Clean Air Act, unless the source belongs to one of the following categories of stationary source: A. Coal cleaning plants (with thermal dryers). B. Kraft pulp mills. C. Portland cement plants. D. Primary zinc smelters. E. Iron and steel mills. F. Primary aluminum ore reduction plants. G. Primary copper smelters. H. Municipal incinerators capable of charging more than 250 tons of refuse per day. I. Hydrofluoric, sulfuric, or nitric acid plants. J. Petroleum refineries. K. Lime plants. L. Phosphate rock processing plants. M. Coke oven batteries. N. Sulfur recovery plants. O. Carbon black plants (furnace process). P. Primary lead smelters. Q. Fuel conversion plants. R. Sintering plants. S. Secondary metal production plants. T. Chemical process plants. U. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input. V. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. W. Taconite ore processing plants. X. Glass fiber processing plants. Y. Charcoal production plants. Z. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input. AA. All other stationary source categories regulated by a standard promulgated under Section 111 or 112 of the Clean Air Act, but only with respect to those air pollutants that have been regulated for that category. BB. Any other stationary source category designated by USEPA by rule. iii. A major stationary source as defined in part D of Title I of the Clean Air Act including: A. For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate", 50 tons or more per year in areas classified as "serious", 25 tons or more per year in areas classified as "severe", and 10 tons or more per year in areas classified as "extreme"; except that the references in this clause to 100, 50, 25, and 10 tons per year of nitrogen oxides shall not apply with respect to any source for which USEPA has made a finding, under Section 182(f)(1) or (2) of the Clean Air Act, that requirements otherwise applicable to such source under Section 182(f) of the Clean Air Act do not apply. Such sources shall remain subject to the major source criteria of paragraph 2(c)(ii) of this subsection. B. For ozone transport regions established pursuant to Section 184 of the Clean Air Act, sources with the potential to emit 50 tons or more per year of volatile organic compounds (VOCs). C. For carbon monoxide nonattainment areas (1) that are classified as "serious", and (2) in which stationary
305 [April 5, 2001] sources contribute significantly to carbon monoxide levels as determined under rules issued by USEPA, sources with the potential to emit 50 tons or more per year of carbon monoxide. D. For particulate matter (PM-10) nonattainment areas classified as "serious", sources with the potential to emit 70 tons or more per year of PM-10. 3. Agency Authority To Issue CAAPP Permits and Federally Enforceable State Operating Permits. a. The Agency shall issue CAAPP permits under this Section consistent with the Clean Air Act and regulations promulgated thereunder and this Act and regulations promulgated thereunder. b. The Agency shall issue CAAPP permits for fixed terms of 5 years, except CAAPP permits issued for solid waste incineration units combusting municipal waste which shall be issued for fixed terms of 12 years and except CAAPP permits for affected sources for acid deposition which shall be issued for initial terms to expire on December 31, 1999, and for fixed terms of 5 years thereafter. c. The Agency shall have the authority to issue a State operating permit for a source under Section 39(a) of this Act, as amended, and regulations promulgated thereunder, which includes federally enforceable conditions limiting the "potential to emit" of the source to a level below the major source threshold for that source as described in paragraph 2(c) of this Section, thereby excluding the source from the CAAPP, when requested by the applicant pursuant to paragraph 5(u) of this Section. The public notice requirements of this Section applicable to CAAPP permits shall also apply to the initial issuance of permits under this paragraph. d. For purposes of this Act, a permit issued by USEPA under Section 505 of the Clean Air Act, as now and hereafter amended, shall be deemed to be a permit issued by the Agency pursuant to Section 39.5 of this Act. 4. Transition. a. An owner or operator of a CAAPP source shall not be required to renew an existing State operating permit for any emission unit at such CAAPP source once a CAAPP application timely submitted prior to expiration of the State operating permit has been deemed complete. For purposes other than permit renewal, the obligation upon the owner or operator of a CAAPP source to obtain a State operating permit is not removed upon submittal of the complete CAAPP permit application. An owner or operator of a CAAPP source seeking to make a modification to a source prior to the issuance of its CAAPP permit shall be required to obtain a construction and/or operating permit as required for such modification in accordance with the State permit program under Section 39(a) of this Act, as amended, and regulations promulgated thereunder. The application for such construction and/or operating permit shall be considered an amendment to the CAAPP application submitted for such source. b. An owner or operator of a CAAPP source shall continue to operate in accordance with the terms and conditions of its applicable State operating permit notwithstanding the expiration of the State operating permit until the source's CAAPP permit has been issued. c. An owner or operator of a CAAPP source shall submit its initial CAAPP application to the Agency no later than 12 months after the effective date of the CAAPP. The Agency may request submittal of initial CAAPP applications during this 12 month period according to a schedule set forth within Agency procedures, however, in no event shall the Agency require such submittal earlier than 3 months after such effective date of the CAAPP. An owner or operator may voluntarily submit its initial CAAPP application prior to the date required within this paragraph or applicable procedures, if any, subsequent to the date the Agency submits the CAAPP to USEPA for approval.
[April 5, 2001] 306 d. The Agency shall act on initial CAAPP applications in accordance with subsection 5(j) of this Section. e. For purposes of this Section, the term "initial CAAPP application" shall mean the first CAAPP application submitted for a source existing as of the effective date of the CAAPP. f. The Agency shall provide owners or operators of CAAPP sources with at least three months advance notice of the date on which their applications are required to be submitted. In determining which sources shall be subject to early submittal, the Agency shall include among its considerations the complexity of the permit application, and the burden that such early submittal will have on the source. g. The CAAPP permit shall upon becoming effective supersede the State operating permit. h. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 5. Applications and Completeness. a. An owner or operator of a CAAPP source shall submit its complete CAAPP application consistent with the Act and applicable regulations. b. An owner or operator of a CAAPP source shall submit a single complete CAAPP application covering all emission units at that source. c. To be deemed complete, a CAAPP application must provide all information, as requested in Agency application forms, sufficient to evaluate the subject source and its application and to determine all applicable requirements, pursuant to the Clean Air Act, and regulations thereunder, this Act and regulations thereunder. Such Agency application forms shall be finalized and made available prior to the date on which any CAAPP application is required. d. An owner or operator of a CAAPP source shall submit, as part of its complete CAAPP application, a compliance plan, including a schedule of compliance, describing how each emission unit will comply with all applicable requirements. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. e. Each submitted CAAPP application shall be certified for truth, accuracy, and completeness by a responsible official in accordance with applicable regulations. f. The Agency shall provide notice to a CAAPP applicant as to whether a submitted CAAPP application is complete. Unless the Agency notifies the applicant of incompleteness, within 60 days of receipt of the CAAPP application, the application shall be deemed complete. The Agency may request additional information as needed to make the completeness determination. The Agency may to the extent practicable provide the applicant with a reasonable opportunity to correct deficiencies prior to a final determination of completeness. g. If after the determination of completeness the Agency finds that additional information is necessary to evaluate or take final action on the CAAPP application, the Agency may request in writing such information from the source with a reasonable deadline for response. h. If the owner or operator of a CAAPP source submits a timely and complete CAAPP application, the source's failure to have a CAAPP permit shall not be a violation of this Section until the Agency takes final action on the submitted CAAPP application, provided, however, where the applicant fails to submit the requested information under paragraph 5(g) within the time frame specified by the Agency, this protection shall cease to apply. i. Any applicant who fails to submit any relevant facts necessary to evaluate the subject source and its CAAPP application or who has submitted incorrect information in a CAAPP application
307 [April 5, 2001] shall, upon becoming aware of such failure or incorrect submittal, submit supplementary facts or correct information to the Agency. In addition, an applicant shall provide to the Agency additional information as necessary to address any requirements which become applicable to the source subsequent to the date the applicant submitted its complete CAAPP application but prior to release of the draft CAAPP permit. j. The Agency shall issue or deny the CAAPP permit within 18 months after the date of receipt of the complete CAAPP application, with the following exceptions: (i) permits for affected sources for acid deposition shall be issued or denied within 6 months after receipt of a complete application in accordance with subsection 17 of this Section; (ii) the Agency shall act on initial CAAPP applications within 24 months after the date of receipt of the complete CAAPP application; (iii) the Agency shall act on complete applications containing early reduction demonstrations under Section 112(i)(5) of the Clean Air Act within 9 months of receipt of the complete CAAPP application. Where the Agency does not take final action on the permit within the required time period, the permit shall not be deemed issued; rather, the failure to act shall be treated as a final permit action for purposes of judicial review pursuant to Sections 40.2 and 41 of this Act. k. The submittal of a complete CAAPP application shall not affect the requirement that any source have a preconstruction permit under Title I of the Clean Air Act. l. Unless a timely and complete renewal application has been submitted consistent with this subsection, a CAAPP source operating upon the expiration of its CAAPP permit shall be deemed to be operating without a CAAPP permit. Such operation is prohibited under this Act. m. Permits being renewed shall be subject to the same procedural requirements, including those for public participation and federal review and objection, that apply to original permit issuance. n. For purposes of permit renewal, a timely application is one that is submitted no less than 9 months prior to the date of permit expiration. o. The terms and conditions of a CAAPP permit shall remain in effect until the issuance of a CAAPP renewal permit provided a timely and complete CAAPP application has been submitted. p. The owner or operator of a CAAPP source seeking a permit shield pursuant to paragraph 7(j) of this Section shall request such permit shield in the CAAPP application regarding that source. q. The Agency shall make available to the public all documents submitted by the applicant to the Agency, including each CAAPP application, compliance plan (including the schedule of compliance), and emissions or compliance monitoring report, with the exception of information entitled to confidential treatment pursuant to Section 7 of this Act. r. The Agency shall use the standardized forms required under Title IV of the Clean Air Act and regulations promulgated thereunder for affected sources for acid deposition. s. An owner or operator of a CAAPP source may include within its CAAPP application a request for permission to operate during a startup, malfunction, or breakdown consistent with applicable Board regulations. t. An owner or operator of a CAAPP source, in order to utilize the operational flexibility provided under paragraph 7(l) of this Section, must request such use and provide the necessary information within its CAAPP application. u. An owner or operator of a CAAPP source which seeks exclusion from the CAAPP through the imposition of federally enforceable conditions, pursuant to paragraph 3(c) of this Section, must request such exclusion within a CAAPP application submitted consistent with this subsection on or after the date that the CAAPP
[April 5, 2001] 308 application for the source is due. Prior to such date, but in no case later than 9 months after the effective date of the CAAPP, such owner or operator may request the imposition of federally enforceable conditions pursuant to paragraph 1.1(b) of this Section. v. CAAPP applications shall contain accurate information on allowable emissions to implement the fee provisions of subsection 18 of this Section. w. An owner or operator of a CAAPP source shall submit within its CAAPP application emissions information regarding all regulated air pollutants emitted at that source consistent with applicable Agency procedures. Emissions information regarding insignificant activities or emission levels, as determined by the Agency pursuant to Board regulations, may be submitted as a list within the CAAPP application. The Agency shall propose regulations to the Board defining insignificant activities or emission levels, consistent with federal regulations, if any, no later than 18 months after the effective date of this amendatory Act of 1992, consistent with Section 112(n)(1) of the Clean Air Act. The Board shall adopt final regulations defining insignificant activities or emission levels no later than 9 months after the date of the Agency's proposal. x. The owner or operator of a new CAAPP source shall submit its complete CAAPP application consistent with this subsection within 12 months after commencing operation of such source. The owner or operator of an existing source that has been excluded from the provisions of this Section under subsection 1.1 or subsection 3(c) of this Section and that becomes subject to the CAAPP solely due to a change in operation at the source shall submit its complete CAAPP application consistent with this subsection at least 180 days before commencing operation in accordance with the change in operation. y. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary to implement this subsection. 6. Prohibitions. a. It shall be unlawful for any person to violate any terms or conditions of a permit issued under this Section, to operate any CAAPP source except in compliance with a permit issued by the Agency under this Section or to violate any other applicable requirements. All terms and conditions of a permit issued under this Section are enforceable by USEPA and citizens under the Clean Air Act, except those, if any, that are specifically designated as not being federally enforceable in the permit pursuant to paragraph 7(m) of this Section. b. After the applicable CAAPP permit or renewal application submittal date, as specified in subsection 5 of this Section, no person shall operate a CAAPP source without a CAAPP permit unless the complete CAAPP permit or renewal application for such source has been timely submitted to the Agency. c. No owner or operator of a CAAPP source shall cause or threaten or allow the continued operation of an emission source during malfunction or breakdown of the emission source or related air pollution control equipment if such operation would cause a violation of the standards or limitations applicable to the source, unless the CAAPP permit granted to the source provides for such operation consistent with this Act and applicable Board regulations. 7. Permit Content. a. All CAAPP permits shall contain emission limitations and standards and other enforceable terms and conditions, including but not limited to operational requirements, and schedules for achieving compliance at the earliest reasonable date, which are or will be required to accomplish the purposes and provisions of this Act and to assure compliance with all applicable requirements. b. The Agency shall include among such conditions applicable
309 [April 5, 2001] monitoring, reporting, record keeping and compliance certification requirements, as authorized by paragraphs d, e, and f of this subsection, that the Agency deems necessary to assure compliance with the Clean Air Act, the regulations promulgated thereunder, this Act, and applicable Board regulations. When monitoring, reporting, record keeping, and compliance certification requirements are specified within the Clean Air Act, regulations promulgated thereunder, this Act, or applicable regulations, such requirements shall be included within the CAAPP permit. The Board shall have authority to promulgate additional regulations where necessary to accomplish the purposes of the Clean Air Act, this Act, and regulations promulgated thereunder. c. The Agency shall assure, within such conditions, the use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable emission limitations, standards, and other requirements contained in the permit. d. To meet the requirements of this subsection with respect to monitoring, the permit shall: i. Incorporate and identify all applicable emissions monitoring and analysis procedures or test methods required under the Clean Air Act, regulations promulgated thereunder, this Act, and applicable Board regulations, including any procedures and methods promulgated by USEPA pursuant to Section 504(b) or Section 114 (a)(3) of the Clean Air Act. ii. Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), require periodic monitoring sufficient to yield reliable data from the relevant time period that is representative of the source's compliance with the permit, as reported pursuant to paragraph (f) of this subsection. The Agency may determine that recordkeeping requirements are sufficient to meet the requirements of this subparagraph. iii. As necessary, specify requirements concerning the use, maintenance, and when appropriate, installation of monitoring equipment or methods. e. To meet the requirements of this subsection with respect to record keeping, the permit shall incorporate and identify all applicable recordkeeping requirements and require, where applicable, the following: i. Records of required monitoring information that include the following: A. The date, place and time of sampling or measurements. B. The date(s) analyses were performed. C. The company or entity that performed the analyses. D. The analytical techniques or methods used. E. The results of such analyses. F. The operating conditions as existing at the time of sampling or measurement. ii. Retention of records of all monitoring data and support information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records, original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. f. To meet the requirements of this subsection with respect to reporting, the permit shall incorporate and identify all applicable reporting requirements and require the following: i. Submittal of reports of any required monitoring every 6 months. More frequent submittals may be requested by the Agency if such submittals are necessary to assure compliance with this Act or regulations promulgated by the Board
[April 5, 2001] 310 thereunder. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with subsection 5 of this Section. ii. Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. g. Each CAAPP permit issued under subsection 10 of this Section shall include a condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Clean Air Act or the regulations promulgated thereunder, consistent with subsection 17 of this Section and applicable regulations, if any. h. All CAAPP permits shall state that, where another applicable requirement of the Clean Air Act is more stringent than any applicable requirement of regulations promulgated under Title IV of the Clean Air Act, both provisions shall be incorporated into the permit and shall be State and federally enforceable. i. Each CAAPP permit issued under subsection 10 of this Section shall include a severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit. j. The following shall apply with respect to owners or operators requesting a permit shield: i. The Agency shall include in a CAAPP permit, when requested by an applicant pursuant to paragraph 5(p) of this Section, a provision stating that compliance with the conditions of the permit shall be deemed compliance with applicable requirements which are applicable as of the date of release of the proposed permit, provided that: A. The applicable requirement is specifically identified within the permit; or B. The Agency in acting on the CAAPP application or revision determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes that determination or a concise summary thereof. ii. The permit shall identify the requirements for which the source is shielded. The shield shall not extend to applicable requirements which are promulgated after the date of release of the proposed permit unless the permit has been modified to reflect such new requirements. iii. A CAAPP permit which does not expressly indicate the existence of a permit shield shall not provide such a shield. iv. Nothing in this paragraph or in a CAAPP permit shall alter or affect the following: A. The provisions of Section 303 (emergency powers) of the Clean Air Act, including USEPA's authority under that section. B. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance. C. The applicable requirements of the acid rain program consistent with Section 408(a) of the Clean Air Act. D. The ability of USEPA to obtain information from a source pursuant to Section 114 (inspections, monitoring, and entry) of the Clean Air Act. k. Each CAAPP permit shall include an emergency provision providing an affirmative defense of emergency to an action brought for noncompliance with technology-based emission limitations under a CAAPP permit if the following conditions are met through properly signed, contemporaneous operating logs, or other relevant evidence:
311 [April 5, 2001] i. An emergency occurred and the permittee can identify the cause(s) of the emergency. ii. The permitted facility was at the time being properly operated. iii. The permittee submitted notice of the emergency to the Agency within 2 working days of the time when emission limitations were exceeded due to the emergency. This notice must contain a detailed description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. iv. During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission limitations, standards, or requirements in the permit. For purposes of this subsection, "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, such as an act of God, that requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operation error. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. This provision is in addition to any emergency or upset provision contained in any applicable requirement. This provision does not relieve a permittee of any reporting obligations under existing federal or state laws or regulations. l. The Agency shall include in each permit issued under subsection 10 of this Section: i. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application. The permit terms and conditions for each such operating scenario shall meet all applicable requirements and the requirements of this Section. A. Under this subparagraph, the source must record in a log at the permitted facility a record of the scenario under which it is operating contemporaneously with making a change from one operating scenario to another. B. The permit shield described in paragraph 7(j) of this Section shall extend to all terms and conditions under each such operating scenario. ii. Where requested by an applicant, all terms and conditions allowing for trading of emissions increases and decreases between different emission units at the CAAPP source, to the extent that the applicable requirements provide for trading of such emissions increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions: A. Shall include all terms required under this subsection to determine compliance; B. Must meet all applicable requirements; C. Shall extend the permit shield described in paragraph 7(j) of this Section to all terms and conditions that allow such increases and decreases in emissions. m. The Agency shall specifically designate as not being federally enforceable under the Clean Air Act any terms and conditions included in the permit that are not specifically required under the Clean Air Act or federal regulations promulgated thereunder. Terms or conditions so designated shall be subject to all applicable state requirements, except the requirements of subsection 7 (other than this paragraph, paragraph q of subsection
[April 5, 2001] 312 7, subsections 8 through 11, and subsections 13 through 16 of this Section. The Agency shall, however, include such terms and conditions in the CAAPP permit issued to the source. n. Each CAAPP permit issued under subsection 10 of this Section shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based. o. Each CAAPP permit issued under subsection 10 of this Section shall include provisions stating the following: i. Duty to comply. The permittee must comply with all terms and conditions of the CAAPP permit. Any permit noncompliance constitutes a violation of the Clean Air Act and the Act, and is grounds for any or all of the following: enforcement action; permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. ii. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. iii. Permit actions. The permit may be modified, revoked, reopened, and reissued, or terminated for cause in accordance with the applicable subsections of Section 39.5 of this Act. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition. iv. Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege. v. Duty to provide information. The permittee shall furnish to the Agency within a reasonable time specified by the Agency any information that the Agency may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Agency copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to USEPA along with a claim of confidentiality. vi. Duty to pay fees. The permittee must pay fees to the Agency consistent with the fee schedule approved pursuant to subsection 18 of this Section, and submit any information relevant thereto. vii. Emissions trading. No permit revision shall be required for increases in emissions allowed under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that are provided for in the permit and that are authorized by the applicable requirement. p. Each CAAPP permit issued under subsection 10 of this Section shall contain the following elements with respect to compliance: i. Compliance certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by a CAAPP permit shall contain a certification by a responsible official that meets the requirements of subsection 5 of this Section and applicable regulations. ii. Inspection and entry requirements that necessitate that, upon presentation of credentials and other documents as may be required by law and in accordance with constitutional limitations, the permittee shall allow the Agency, or an authorized representative to perform the following:
313 [April 5, 2001] A. Enter upon the permittee's premises where a CAAPP source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit. B. Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit. C. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit. D. Sample or monitor any substances or parameters at any location: 1. As authorized by the Clean Air Act, at reasonable times, for the purposes of assuring compliance with the CAAPP permit or applicable requirements; or 2. As otherwise authorized by this Act. iii. A schedule of compliance consistent with subsection 5 of this Section and applicable regulations. iv. Progress reports consistent with an applicable schedule of compliance pursuant to paragraph 5(d) of this Section and applicable regulations to be submitted semiannually, or more frequently if the Agency determines that such more frequent submittals are necessary for compliance with the Act or regulations promulgated by the Board thereunder. Such progress reports shall contain the following: A. Required dates for achieving the activities, milestones, or compliance required by the schedule of compliance and dates when such activities, milestones or compliance were achieved. B. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. v. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following: A. The frequency (annually or more frequently as specified in any applicable requirement or by the Agency pursuant to written procedures) of submissions of compliance certifications. B. A means for assessing or monitoring the compliance of the source with its emissions limitations, standards, and work practices. C. A requirement that the compliance certification include the following: 1. The identification of each term or condition contained in the permit that is the basis of the certification. 2. The compliance status. 3. Whether compliance was continuous or intermittent. 4. The method(s) used for determining the compliance status of the source, both currently and over the reporting period consistent with subsection 7 of Section 39.5 of the Act. D. A requirement that all compliance certifications be submitted to USEPA as well as to the Agency. E. Additional requirements as may be specified pursuant to Sections 114(a)(3) and 504(b) of the Clean Air Act. F. Other provisions as the Agency may require. q. If the owner or operator of CAAPP source can demonstrate in its CAAPP application, including an application for a
[April 5, 2001] 314 significant modification, that an alternative emission limit would be equivalent to that contained in the applicable Board regulations, the Agency shall include the alternative emission limit in the CAAPP permit, which shall supersede the emission limit set forth in the applicable Board regulations, and shall include conditions that insure that the resulting emission limit is quantifiable, accountable, enforceable, and based on replicable procedures. 8. Public Notice; Affected State Review. a. The Agency shall provide notice to the public, including an opportunity for public comment and a hearing, on each draft CAAPP permit for issuance, renewal or significant modification, subject to Sections 7(a) and 7.1 of this Act. b. The Agency shall prepare a draft CAAPP permit and a statement that sets forth the legal and factual basis for the draft CAAPP permit conditions, including references to the applicable statutory or regulatory provisions. The Agency shall provide this statement to any person who requests it. c. The Agency shall give notice of each draft CAAPP permit to the applicant and to any affected State on or before the time that the Agency has provided notice to the public, except as otherwise provided in this Act. d. The Agency, as part of its submittal of a proposed permit to USEPA (or as soon as possible after the submittal for minor permit modification procedures allowed under subsection 14 of this Section), shall notify USEPA and any affected State in writing of any refusal of the Agency to accept all of the recommendations for the proposed permit that an affected State submitted during the public or affected State review period. The notice shall include the Agency's reasons for not accepting the recommendations. The Agency is not required to accept recommendations that are not based on applicable requirements or the requirements of this Section. e. The Agency shall make available to the public any CAAPP permit application, compliance plan (including the schedule of compliance), CAAPP permit, and emissions or compliance monitoring report. If an owner or operator of a CAAPP source is required to submit information entitled to protection from disclosure under Section 7(a) or Section 7.1 of this Act, the owner or operator shall submit such information separately. The requirements of Section 7(a) or Section 7.1 of this Act shall apply to such information, which shall not be included in a CAAPP permit unless required by law. The contents of a CAAPP permit shall not be entitled to protection under Section 7(a) or Section 7.1 of this Act. f. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 9. USEPA Notice and Objection. a. The Agency shall provide to USEPA for its review a copy of each CAAPP application (including any application for permit modification), statement of basis as provided in paragraph 8(b) of this Section, proposed CAAPP permit, CAAPP permit, and, if the Agency does not incorporate any affected State's recommendations on a proposed CAAPP permit, a written statement of this decision and its reasons for not accepting the recommendations, except as otherwise provided in this Act or by agreement with USEPA. To the extent practicable, the preceding information shall be provided in computer readable format compatible with USEPA's national database management system. b. The Agency shall not issue the proposed CAAPP permit if USEPA objects in writing within 45 days of receipt of the proposed CAAPP permit and all necessary supporting information. c. If USEPA objects in writing to the issuance of the proposed CAAPP permit within the 45-day period, the Agency shall respond in writing and may revise and resubmit the proposed CAAPP permit in response to the stated objection, to the extent supported
315 [April 5, 2001] by the record, within 90 days after the date of the objection. Prior to submitting a revised permit to USEPA, the Agency shall provide the applicant and any person who participated in the public comment process, pursuant to subsection 8 of this Section, with a 10-day period to comment on any revision which the Agency is proposing to make to the permit in response to USEPA's objection in accordance with Agency procedures. d. Any USEPA objection under this subsection, according to the Clean Air Act, will include a statement of reasons for the objection and a description of the terms and conditions that must be in the permit, in order to adequately respond to the objections. Grounds for a USEPA objection include the failure of the Agency to: (1) submit the items and notices required under this subsection; (2) submit any other information necessary to adequately review the proposed CAAPP permit; or (3) process the permit under subsection 8 of this Section except for minor permit modifications. e. If USEPA does not object in writing to issuance of a permit under this subsection, any person may petition USEPA within 60 days after expiration of the 45-day review period to make such objection. f. If the permit has not yet been issued and USEPA objects to the permit as a result of a petition, the Agency shall not issue the permit until USEPA's objection has been resolved. The Agency shall provide a 10-day comment period in accordance with paragraph c of this subsection. A petition does not, however, stay the effectiveness of a permit or its requirements if the permit was issued after expiration of the 45-day review period and prior to a USEPA objection. g. If the Agency has issued a permit after expiration of the 45-day review period and prior to receipt of a USEPA objection under this subsection in response to a petition submitted pursuant to paragraph e of this subsection, the Agency may, upon receipt of an objection from USEPA, revise and resubmit the permit to USEPA pursuant to this subsection after providing a 10-day comment period in accordance with paragraph c of this subsection. If the Agency fails to submit a revised permit in response to the objection, USEPA shall modify, terminate or revoke the permit. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application. h. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 10. Final Agency Action. a. The Agency shall issue a CAAPP permit, permit modification, or permit renewal if all of the following conditions are met: i. The applicant has submitted a complete and certified application for a permit, permit modification, or permit renewal consistent with subsections 5 and 14 of this Section, as applicable, and applicable regulations. ii. The applicant has submitted with its complete application an approvable compliance plan, including a schedule for achieving compliance, consistent with subsection 5 of this Section and applicable regulations. iii. The applicant has timely paid the fees required pursuant to subsection 18 of this Section and applicable regulations. iv. The Agency has received a complete CAAPP application and, if necessary, has requested and received additional information from the applicant consistent with subsection 5 of this Section and applicable regulations. v. The Agency has complied with all applicable provisions regarding public notice and affected State review consistent with subsection 8 of this Section and applicable regulations. vi. The Agency has provided a copy of each CAAPP
[April 5, 2001] 316 application, or summary thereof, pursuant to agreement with USEPA and proposed CAAPP permit required under subsection 9 of this Section to USEPA, and USEPA has not objected to the issuance of the permit in accordance with the Clean Air Act and 40 CFR Part 70. b. The Agency shall have the authority to deny a CAAPP permit, permit modification, or permit renewal if the applicant has not complied with the requirements of paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA objects to its issuance. c. i. Prior to denial of a CAAPP permit, permit modification, or permit renewal under this Section, the Agency shall notify the applicant of the possible denial and the reasons for the denial. ii. Within such notice, the Agency shall specify an appropriate date by which the applicant shall adequately respond to the Agency's notice. Such date shall not exceed 15 days from the date the notification is received by the applicant. The Agency may grant a reasonable extension for good cause shown. iii. Failure by the applicant to adequately respond by the date specified in the notification or by any granted extension date shall be grounds for denial of the permit. For purposes of obtaining judicial review under Sections 40.2 and 41 of this Act, the Agency shall provide to USEPA and each applicant, and, upon request, to affected States, any person who participated in the public comment process, and any other person who could obtain judicial review under Sections 40.2 and 41 of this Act, a copy of each CAAPP permit or notification of denial pertaining to that party. d. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 11. General Permits. a. The Agency may issue a general permit covering numerous similar sources, except for affected sources for acid deposition unless otherwise provided in regulations promulgated under Title IV of the Clean Air Act. b. The Agency shall identify, in any general permit, criteria by which sources may qualify for the general permit. c. CAAPP sources that would qualify for a general permit must apply for coverage under the terms of the general permit or must apply for a CAAPP permit consistent with subsection 5 of this Section and applicable regulations. d. The Agency shall comply with the public comment and hearing provisions of this Section as well as the USEPA and affected State review procedures prior to issuance of a general permit. e. When granting a subsequent request by a qualifying CAAPP source for coverage under the terms of a general permit, the Agency shall not be required to repeat the public notice and comment procedures. The granting of such request shall not be considered a final permit action for purposes of judicial review. f. The Agency may not issue a general permit to cover any discrete emission unit at a CAAPP source if another CAAPP permit covers emission units at the source. g. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 12. Operational Flexibility. a. An owner or operator of a CAAPP source may make changes at the CAAPP source without requiring a prior permit revision, consistent with subparagraphs (a) (i) through (a) (iii) of this subsection, so long as the changes are not modifications under any provision of Title I of the Clean Air Act and they do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions), provided
317 [April 5, 2001] that the owner or operator of the CAAPP source provides USEPA and the Agency with written notification as required below in advance of the proposed changes, which shall be a minimum of 7 days, unless otherwise provided by the Agency in applicable regulations regarding emergencies. The owner or operator of a CAAPP source and the Agency shall each attach such notice to their copy of the relevant permit. i. An owner or operator of a CAAPP source may make Section 502 (b) (10) changes without a permit revision, if the changes are not modifications under any provision of Title I of the Clean Air Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions). A. For each such change, the written notification required above shall include a brief description of the change within the source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change. B. The permit shield described in paragraph 7(j) of this Section shall not apply to any change made pursuant to this subparagraph. ii. An owner or operator of a CAAPP source may trade increases and decreases in emissions in the CAAPP source, where the applicable implementation plan provides for such emission trades without requiring a permit revision. This provision is available in those cases where the permit does not already provide for such emissions trading. A. Under this subparagraph (a)(ii), the written notification required above shall include such information as may be required by the provision in the applicable implementation plan authorizing the emissions trade, including at a minimum, when the proposed changes will occur, a description of each such change, any change in emissions, the permit requirements with which the source will comply using the emissions trading provisions of the applicable implementation plan, and the pollutants emitted subject to the emissions trade. The notice shall also refer to the provisions in the applicable implementation plan with which the source will comply and provide for the emissions trade. B. The permit shield described in paragraph 7(j) of this Section shall not apply to any change made pursuant to this subparagraph (a) (ii). Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to the requirements of the applicable implementation plan authorizing the emissions trade. iii. If requested within a CAAPP application, the Agency shall issue a CAAPP permit which contains terms and conditions, including all terms required under subsection 7 of this Section to determine compliance, allowing for the trading of emissions increases and decreases at the CAAPP source solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The owner or operator of a CAAPP source shall include in its CAAPP application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The permit shall also require compliance with all applicable requirements. A. Under this subparagraph (a)(iii), the written notification required above shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in
[April 5, 2001] 318 emissions will comply with the terms and conditions of the permit. B. The permit shield described in paragraph 7(j) of this Section shall extend to terms and conditions that allow such increases and decreases in emissions. b. An owner or operator of a CAAPP source may make changes that are not addressed or prohibited by the permit, other than those which are subject to any requirements under Title IV of the Clean Air Act or are modifications under any provisions of Title I of the Clean Air Act, without a permit revision, in accordance with the following requirements: (i) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition; (ii) Sources must provide contemporaneous written notice to the Agency and USEPA of each such change, except for changes that qualify as insignificant under provisions adopted by the Agency or the Board. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change; (iii) The change shall not qualify for the shield described in paragraph 7(j) of this Section; and (iv) The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable Clean Air Act requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes. c. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary to implement this subsection. 13. Administrative Permit Amendments. a. The Agency shall take final action on a request for an administrative permit amendment within 60 days of receipt of the request. Neither notice nor an opportunity for public and affected State comment shall be required for the Agency to incorporate such revisions, provided it designates the permit revisions as having been made pursuant to this subsection. b. The Agency shall submit a copy of the revised permit to USEPA. c. For purposes of this Section the term "administrative permit amendment" shall be defined as
319 [April 5, 2001]
[April 5, 2001] 320 in its application: A. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; B. The source's suggested draft permit; C. Certification by a responsible official, consistent with paragraph 5(e) of this Section and applicable regulations, that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and D. Completed forms for the Agency to use to notify USEPA and affected States as required under subsections 8 and 9 of this Section. iv. Within 5 working days of receipt of a complete permit modification application, the Agency shall notify USEPA and affected States of the requested permit modification in accordance with subsections 8 and 9 of this Section. The Agency promptly shall send any notice required under paragraph 8(d) of this Section to USEPA. v. The Agency may not issue a final permit modification until after the 45-day review period for USEPA or until USEPA has notified the Agency that USEPA will not object to the issuance of the permit modification, whichever comes first, although the Agency can approve the permit modification prior to that time. Within 90 days of the Agency's receipt of an application under the minor permit modification procedures or 15 days after the end of USEPA's 45-day review period under subsection 9 of this Section, whichever is later, the Agency shall: A. Issue the permit modification as proposed; B. Deny the permit modification application; C. Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or D. Revise the draft permit modification and transmit to USEPA the new proposed permit modification as required by subsection 9 of this Section. vi. Any CAAPP source may make the change proposed in its minor permit modification application immediately after it files such application. After the CAAPP source makes the change allowed by the preceding sentence, and until the Agency takes any of the actions specified in subparagraphs (a)(v)(A) through (a)(v)(C) of this subsection, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. If the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions which it seeks to modify may be enforced against it. vii. The permit shield under subparagraph 7(j) of this Section may not extend to minor permit modifications. viii. If a construction permit is required, pursuant to Section 39(a) of this Act and regulations thereunder, for a change for which the minor permit modification procedures are applicable, the source may request that the processing of the construction permit application be consolidated with the processing of the application for the minor permit modification. In such cases, the provisions of this Section, including those within subsections 5, 8, and 9, shall apply and the Agency shall act on such applications pursuant to subparagraph 14(a)(v). The source may make the proposed change immediately after filing its application for the minor permit modification. Nothing in this subparagraph shall
321 [April 5, 2001] otherwise affect the requirements and procedures applicable to construction permits. b. Group Processing of Minor Permit Modifications. i. Where requested by an applicant within its application, the Agency shall process groups of a source's applications for certain modifications eligible for minor permit modification processing in accordance with the provisions of this paragraph (b). ii. Permit modifications may be processed in accordance with the procedures for group processing, for those modifications: A. Which meet the criteria for minor permit modification procedures under subparagraph 14(a)(i) of this Section; and B. That collectively are below 10 percent of the emissions allowed by the permit for the emissions unit for which change is requested, 20 percent of the applicable definition of major source set forth in subsection 2 of this Section, or 5 tons per year, whichever is least. iii. An applicant requesting the use of group processing procedures shall meet the requirements of subsection 5 of this Section and shall include the following in its application: A. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs. B. The source's suggested draft permit. C. Certification by a responsible official consistent with paragraph 5(e) of this Section, that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used. D. A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under subparagraph (b)(ii)(B) of this subsection. E. Certification, consistent with paragraph 5(e), that the source has notified USEPA of the proposed modification. Such notification need only contain a brief description of the requested modification. F. Completed forms for the Agency to use to notify USEPA and affected states as required under subsections 8 and 9 of this Section. iv. On a quarterly basis or within 5 business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level set forth within subparagraph (b)(ii)(B) of this subsection, whichever is earlier, the Agency shall promptly notify USEPA and affected States of the requested permit modifications in accordance with subsections 8 and 9 of this Section. The Agency shall send any notice required under paragraph 8(d) of this Section to USEPA. v. The provisions of subparagraph (a)(v) of this subsection shall apply to modifications eligible for group processing, except that the Agency shall take one of the actions specified in subparagraphs (a)(v)(A) through (a)(v)(D) of this subsection within 180 days of receipt of the application or 15 days after the end of USEPA's 45-day review period under subsection 9 of this Section, whichever is later. vi. The provisions of subparagraph (a)(vi) of this subsection shall apply to modifications for group processing. vii. The provisions of paragraph 7(j) of this Section shall not apply to modifications eligible for group processing.
[April 5, 2001] 322 c. Significant Permit Modifications. i. Significant modification procedures shall be used for applications requesting significant permit modifications and for those applications that do not qualify as either minor permit modifications or as administrative permit amendments. ii. Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping requirements shall be considered significant. A modification shall also be considered significant if in the judgment of the Agency action on an application for modification would require decisions to be made on technically complex issues. Nothing herein shall be construed to preclude the permittee from making changes consistent with this Section that would render existing permit compliance terms and conditions irrelevant. iii. Significant permit modifications must meet all the requirements of this Section, including those for applications (including completeness review), public participation, review by affected States, and review by USEPA applicable to initial permit issuance and permit renewal. The Agency shall take final action on significant permit modifications within 9 months after receipt of a complete application. d. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 15. Reopenings for Cause by the Agency. a. Each issued CAAPP permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. Such revisions shall be made as expeditiously as practicable. A CAAPP permit shall be reopened and revised under any of the following circumstances, in accordance with procedures adopted by the Agency: i. Additional requirements under the Clean Air Act become applicable to a major CAAPP source for which 3 or more years remain on the original term of the permit. Such a reopening shall be completed not later than 18 months after the promulgation of the applicable requirement. No such revision is required if the effective date of the requirement is later than the date on which the permit is due to expire. ii. Additional requirements (including excess emissions requirements) become applicable to an affected source for acid deposition under the acid rain program. Excess emissions offset plans shall be deemed to be incorporated into the permit upon approval by USEPA. iii. The Agency or USEPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards, limitations, or other terms or conditions of the permit. iv. The Agency or USEPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements. b. In the event that the Agency determines that there are grounds for revoking a CAAPP permit, for cause, consistent with paragraph a of this subsection, it shall file a petition before the Board setting forth the basis for such revocation. In any such proceeding, the Agency shall have the burden of establishing that the permit should be revoked under the standards set forth in this Act and the Clean Air Act. Any such proceeding shall be conducted pursuant to the Board's procedures for adjudicatory hearings and the Board shall render its decision within 120 days of the filing of the petition. The Agency shall take final action to revoke and reissue a CAAPP permit consistent with the Board's order. c. Proceedings regarding a reopened CAAPP permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists.
323 [April 5, 2001] d. Reopenings under paragraph (a) of this subsection shall not be initiated before a notice of such intent is provided to the CAAPP source by the Agency at least 30 days in advance of the date that the permit is to be reopened, except that the Agency may provide a shorter time period in the case of an emergency. e. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 16. Reopenings for Cause by USEPA. a. When USEPA finds that cause exists to terminate, modify, or revoke and reissue a CAAPP permit pursuant to subsection 15 of this Section, and thereafter notifies the Agency and the permittee of such finding in writing, the Agency shall forward to USEPA and the permittee a proposed determination of termination, modification, or revocation and reissuance as appropriate, in accordance with paragraph b of this subsection. The Agency's proposed determination shall be in accordance with the record, the Clean Air Act, regulations promulgated thereunder, this Act and regulations promulgated thereunder. Such proposed determination shall not affect the permit or constitute a final permit action for purposes of this Act or the Administrative Review Law. The Agency shall forward to USEPA such proposed determination within 90 days after receipt of the notification from USEPA. If additional time is necessary to submit the proposed determination, the Agency shall request a 90-day extension from USEPA and shall submit the proposed determination within 180 days of receipt of notification from USEPA. b. i. Prior to the Agency's submittal to USEPA of a proposed determination to terminate or revoke and reissue the permit, the Agency shall file a petition before the Board setting forth USEPA's objection, the permit record, the Agency's proposed determination, and the justification for its proposed determination. The Board shall conduct a hearing pursuant to the rules prescribed by Section 32 of this Act, and the burden of proof shall be on the Agency. ii. After due consideration of the written and oral statements, the testimony and arguments that shall be submitted at hearing, the Board shall issue and enter an interim order for the proposed determination, which shall set forth all changes, if any, required in the Agency's proposed determination. The interim order shall comply with the requirements for final orders as set forth in Section 33 of this Act. Issuance of an interim order by the Board under this paragraph, however, shall not affect the permit status and does not constitute a final action for purposes of this Act or the Administrative Review Law. iii. The Board shall cause a copy of its interim order to be served upon all parties to the proceeding as well as upon USEPA. The Agency shall submit the proposed determination to USEPA in accordance with the Board's Interim Order within 180 days after receipt of the notification from USEPA. c. USEPA shall review the proposed determination to terminate, modify, or revoke and reissue the permit within 90 days of receipt. i. When USEPA reviews the proposed determination to terminate or revoke and reissue and does not object, the Board shall, within 7 days of receipt of USEPA's final approval, enter the interim order as a final order. The final order may be appealed as provided by Title XI of this Act. The Agency shall take final action in accordance with the Board's final order. ii. When USEPA reviews such proposed determination to terminate or revoke and reissue and objects, the Agency shall submit USEPA's objection and the Agency's comments and recommendation on the objection to the Board and permittee. The Board shall review its interim order in response to USEPA's objection and the Agency's comments and recommendation
[April 5, 2001] 324 and issue a final order in accordance with Sections 32 and 33 of this Act. The Agency shall, within 90 days after receipt of such objection, respond to USEPA's objection in accordance with the Board's final order. iii. When USEPA reviews such proposed determination to modify and objects, the Agency shall, within 90 days after receipt of the objection, resolve the objection and modify the permit in accordance with USEPA's objection, based upon the record, the Clean Air Act, regulations promulgated thereunder, this Act, and regulations promulgated thereunder. d. If the Agency fails to submit the proposed determination pursuant to paragraph a of this subsection or fails to resolve any USEPA objection pursuant to paragraph c of this subsection, USEPA will terminate, modify, or revoke and reissue the permit. e. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. 17. Title IV; Acid Rain Provisions. a. The Agency shall act on initial CAAPP applications for affected sources for acid deposition in accordance with this Section and Title V of the Clean Air Act and regulations promulgated thereunder, except as modified by Title IV of the Clean Air Act and regulations promulgated thereunder. The Agency shall issue initial CAAPP permits to the affected sources for acid deposition which shall become effective no earlier than January 1, 1995, and which shall terminate on December 31, 1999, in accordance with this Section. Subsequent CAAPP permits issued to affected sources for acid deposition shall be issued for a fixed term of 5 years. Title IV of the Clean Air Act and regulations promulgated thereunder, including but not limited to 40 C.F.R. Part 72, as now or hereafter amended, are applicable to and enforceable under this Act. b. A designated representative of an affected source for acid deposition shall submit a timely and complete Phase II acid rain permit application and compliance plan to the Agency, not later than January 1, 1996, that meets the requirements of Titles IV and V of the Clean Air Act and regulations. The Agency shall act on the Phase II acid rain permit application and compliance plan in accordance with this Section and Title V of the Clean Air Act and regulations promulgated thereunder, except as modified by Title IV of the Clean Air Act and regulations promulgated thereunder. The Agency shall issue the Phase II acid rain permit to an affected source for acid deposition no later than December 31, 1997, which shall become effective on January 1, 2000, in accordance with this Section, except as modified by Title IV and regulations promulgated thereunder; provided that the designated representative of the source submitted a timely and complete Phase II permit application and compliance plan to the Agency that meets the requirements of Title IV and V of the Clean Air Act and regulations. c. Each Phase II acid rain permit issued in accordance with this subsection shall have a fixed term of 5 years. Except as provided in paragraph b above, the Agency shall issue or deny a Phase II acid rain permit within 18 months of receiving a complete Phase II permit application and compliance plan. d. A designated representative of a new unit, as defined in Section 402 of the Clean Air Act, shall submit a timely and complete Phase II acid rain permit application and compliance plan that meets the requirements of Titles IV and V of the Clean Air Act and its regulations. The Agency shall act on the new unit's Phase II acid rain permit application and compliance plan in accordance with this Section and Title V of the Clean Air Act and its regulations, except as modified by Title IV of the Clean Air Act and its regulations. The Agency shall reopen the new unit's CAAPP permit for cause to incorporate the approved Phase II acid rain permit in accordance with this Section. The Phase II acid rain permit for the new unit shall become effective no later than the
325 [April 5, 2001] date required under Title IV of the Clean Air Act and its regulations. e. A designated representative of an affected source for acid deposition shall submit a timely and complete Title IV NOx permit application to the Agency, not later than January 1, 1998, that meets the requirements of Titles IV and V of the Clean Air Act and its regulations. The Agency shall reopen the Phase II acid rain permit for cause and incorporate the approved NOx provisions into the Phase II acid rain permit not later than January 1, 1999, in accordance with this Section, except as modified by Title IV of the Clean Air Act and regulations promulgated thereunder. Such reopening shall not affect the term of the Phase II acid rain permit. f. The designated representative of the affected source for acid deposition shall renew the initial CAAPP permit and Phase II acid rain permit in accordance with this Section and Title V of the Clean Air Act and regulations promulgated thereunder, except as modified by Title IV of the Clean Air Act and regulations promulgated thereunder. g. In the case of an affected source for acid deposition for which a complete Phase II acid rain permit application and compliance plan are timely received under this subsection, the complete permit application and compliance plan, including amendments thereto, shall be binding on the owner, operator and designated representative, all affected units for acid deposition at the affected source, and any other unit, as defined in Section 402 of the Clean Air Act, governed by the Phase II acid rain permit application and shall be enforceable as an acid rain permit for purposes of Titles IV and V of the Clean Air Act, from the date of submission of the acid rain permit application until a Phase II acid rain permit is issued or denied by the Agency. h. The Agency shall not include or implement any measure which would interfere with or modify the requirements of Title IV of the Clean Air Act or regulations promulgated thereunder. i. Nothing in this Section shall be construed as affecting allowances or USEPA's decision regarding an excess emissions offset plan, as set forth in Title IV of the Clean Air Act or regulations promulgated thereunder. i. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement. ii. No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement. iii. Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Clean Air Act. j. To the extent that the federal regulations promulgated under Title IV, including but not limited to 40 C.F.R. Part 72, as now or hereafter amended, are inconsistent with the federal regulations promulgated under Title V, the federal regulations promulgated under Title IV shall take precedence. k. The USEPA may intervene as a matter of right in any permit appeal involving a Phase II acid rain permit provision or denial of a Phase II acid rain permit. l. It is unlawful for any owner or operator to violate any terms or conditions of a Phase II acid rain permit issued under this subsection, to operate any affected source for acid deposition except in compliance with a Phase II acid rain permit issued by the Agency under this subsection, or to violate any other applicable requirements. m. The designated representative of an affected source for acid deposition shall submit to the Agency the data and information
[April 5, 2001] 326 submitted quarterly to USEPA, pursuant to 40 CFR 75.64, concurrently with the submission to USEPA. The submission shall be in the same electronic format as specified by USEPA. n. The Agency shall act on any petition for exemption of a new unit or retired unit, as those terms are defined in Section 402 of the Clean Air Act, from the requirements of the acid rain program in accordance with Title IV of the Clean Air Act and its regulations. o. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary to implement this subsection. 18. Fee Provisions. a. For each 12 month period after the date on which the USEPA approves or conditionally approves the CAAPP, but in no event prior to January 1, 1994, a source subject to this Section or excluded under subsection 1.1 or paragraph 3(c) of this Section, shall pay a fee as provided in this part (a) of this subsection 18. However, a source that has been excluded from the provisions of this Section under subsection 1.1 or paragraph 3(c) of this Section because the source emits less than 25 tons per year of any combination of regulated air pollutants shall pay fees in accordance with paragraph (1) of subsection (b) of Section 9.6. i. The fee for a source allowed to emit less than 100 tons per year of any combination of regulated air pollutants shall be $1,000 per year. ii. The fee for a source allowed to emit 100 tons or more per year of any combination of regulated air pollutants, except for those regulated air pollutants excluded in paragraph 18(f) of this subsection, shall be as follows: A. The Agency shall assess an annual fee of $13.50 per ton for the allowable emissions of all regulated air pollutants at that source during the term of the permit. These fees shall be used by the Agency and the Board to fund the activities required by Title V of the Clean Air Act including such activities as may be carried out by other State or local agencies pursuant to paragraph (d) of this subsection. The amount of such fee shall be based on the information supplied by the applicant in its complete CAAPP permit application or in the CAAPP permit if the permit has been granted and shall be determined by the amount of emissions that the source is allowed to emit annually, provided however, that no source shall be required to pay an annual fee in excess of $100,000. The Agency shall provide as part of the permit application form required under subsection 5 of this Section a separate fee calculation form which will allow the applicant to identify the allowable emissions and calculate the fee for the term of the permit. In no event shall the Agency raise the amount of allowable emissions requested by the applicant unless such increases are required to demonstrate compliance with terms of a CAAPP permit. Notwithstanding the above, any applicant may seek a change in its permit which would result in increases in allowable emissions due to an increase in the hours of operation or production rates of an emission unit or units and such a change shall be consistent with the construction permit requirements of the existing State permit program, under Section 39(a) of this Act and applicable provisions of this Section. Where a construction permit is required, the Agency shall expeditiously grant such construction permit and shall, if necessary, modify the CAAPP permit based on the same application. B.
327 [April 5, 2001] semiannually for those fees greater than $5,000. However, any applicant paying a fee equal to or greater than $100,000 shall pay the full amount on July 1, for the subsequent fiscal year, or pay 50% of the fee on July 1 and the remaining 50% by the next January 1. The Agency may change any annual billing date upon reasonable notice, but shall prorate the new bill so that the permittee or applicant does not pay more than its required fees for the fee period for which payment is made. b. (Blank).
[April 5, 2001] 328 Section 112(r) of the Clean Air Act based on the emissions allowed in the permit effective in that calendar year, at the time the applicable bill is generated
329 [April 5, 2001] emission limitation proposed by the Agency provides for a level of control required by Section 112 of the Clean Air Act, or to otherwise establish an appropriate emission limitation under Section 112 of the Clean Air Act. 20. Small Business. a. For purposes of this subsection: "Program" is the Small Business Stationary Source Technical and Environmental Compliance Assistance Program created within this State pursuant to Section 507 of the Clean Air Act and guidance promulgated thereunder, to provide technical assistance and compliance information to small business stationary sources; "Small Business Assistance Program" is a component of the Program responsible for providing sufficient communications with small businesses through the collection and dissemination of information to small business stationary sources; and "Small Business Stationary Source" means a stationary source that: 1. is owned or operated by a person that employs 100 or fewer individuals; 2. is a small business concern as defined in the "Small Business Act"; 3. is not a major source as that term is defined in subsection 2 of this Section; 4. does not emit 50 tons or more per year of any regulated air pollutant; and 5. emits less than 75 tons per year of all regulated pollutants. b. The Agency shall adopt and submit to USEPA, after reasonable notice and opportunity for public comment, as a revision to the Illinois state implementation plan, plans for establishing the Program. c. The Agency shall have the authority to enter into such contracts and agreements as the Agency deems necessary to carry out the purposes of this subsection. d. The Agency may establish such procedures as it may deem necessary for the purposes of implementing and executing its responsibilities under this subsection. e. There shall be appointed a Small Business Ombudsman (hereinafter in this subsection referred to as "Ombudsman") to monitor the Small Business Assistance Program. The Ombudsman shall be a nonpartisan designated official, with the ability to independently assess whether the goals of the Program are being met. f. The State Ombudsman Office shall be located in an existing Ombudsman office within the State or in any State Department. g. There is hereby created a State Compliance Advisory Panel (hereinafter in this subsection referred to as "Panel") for determining the overall effectiveness of the Small Business Assistance Program within this State. h. The selection of Panel members shall be by the following method: 1. The Governor shall select two members who are not owners or representatives of owners of small business stationary sources to represent the general public; 2. The Director of the Agency shall select one member to represent the Agency; and 3. The State Legislature shall select four members who are owners or representatives of owners of small business stationary sources. Both the majority and minority leadership in both Houses of the Legislature shall appoint one member of the panel. i. Panel members should serve without compensation but will receive full reimbursement for expenses including travel and per diem as authorized within this State. j. The Panel shall select its own Chair by a majority vote. The Chair may meet and consult with the Ombudsman and the head of
[April 5, 2001] 330 the Small Business Assistance Program in planning the activities for the Panel. 21. Temporary Sources. a. The Agency may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations, except for sources which are affected sources for acid deposition under Title IV of the Clean Air Act. b. The applicant must demonstrate that the operation is temporary and will involve at least one change of location during the term of the permit. c. Any such permit shall meet all applicable requirements of this Section and applicable regulations, and include conditions assuring compliance with all applicable requirements at all authorized locations and requirements that the owner or operator notify the Agency at least 10 days in advance of each change in location. 22. Solid Waste Incineration Units. a. A CAAPP permit for a solid waste incineration unit combusting municipal waste subject to standards promulgated under Section 129(e) of the Clean Air Act shall be issued for a period of 12 years and shall be reviewed every 5 years, unless the Agency requires more frequent review through Agency procedures. b. During the review in paragraph (a) of this subsection, the Agency shall fully review the previously submitted CAAPP permit application and corresponding reports subsequently submitted to determine whether the source is in compliance with all applicable requirements. c. If the Agency determines that the source is not in compliance with all applicable requirements it shall revise the CAAPP permit as appropriate. d. The Agency shall have the authority to adopt procedural rules, in accordance with the Illinois Administrative Procedure Act, as the Agency deems necessary, to implement this subsection. (Source: P.A. 89-79, eff. 6-30-95; 90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-773, eff. 8-14-98.) (415 ILCS 5/54.12) (from Ch. 111 1/2, par. 1054.12) Sec. 54.12. "Tire storage site" means a site where used tires are stored or processed, other than (1) the site at which the tires were separated from the vehicle wheel rim, (2) the site where the used tires were accepted in trade as part of a sale of new tires, or (3) a site at which
331 [April 5, 2001] (3) Removal of used and waste tire accumulations from the area. (4) Removal of soil and water contamination related to tire accumulations. (5) Installation of devices to monitor and control groundwater and surface water contamination related to tire accumulations. (6) Such other actions as may be authorized by Board regulations. (c) The Agency may, subject to the availability of appropriated funds, undertake a consensual removal action for the removal of up to 1,000 used or waste tires at no cost to the owner according to the following requirements: (1) Actions under this subsection shall be taken pursuant to a written agreement between the Agency and the owner of the tire accumulation. (2) The written agreement shall at a minimum specify: (i) that the owner relinquishes any claim of an ownership interest in any tires that are removed, or in any proceeds from their sale; (ii) that tires will no longer be allowed to be accumulated at the site; (iii) that the owner will hold harmless the Agency or any employee or contractor utilized by the Agency to effect the removal, for any damage to property incurred during the course of action under this subsection, except for gross negligence or intentional misconduct; and (iv) any conditions upon or assistance required from the owner to assure that the tires are so located or arranged as to facilitate their removal. (3) The Agency may by rule establish conditions and priorities for removal of used and waste tires under this subsection. (4) The Agency shall prescribe the form of written agreements under this subsection. (d) The Agency shall have authority to provide notice to the owner or operator, or both, of a site where used or waste tires are located and to the owner or operator, or both, of the accumulation of tires at the site, whenever the Agency finds that the used or waste tires pose a threat to public health or the environment, or that there is no
[April 5, 2001] 332 incineration, and landfill disposal. To the extent practicable, the Agency shall consult with the Department of Commerce and Community Affairs regarding the availability of alternatives to landfilling used and waste tires, and shall make every reasonable effort to coordinate tire cleanup projects with applicable programs that relate to such alternative practices. (g) Except as otherwise provided in this Section, the owner or operator of any site or accumulation of used or waste tires at which the Agency has undertaken corrective or preventive action under this Section shall be liable for all costs thereof incurred by the State of Illinois, including reasonable costs of collection. Any monies received by the Agency hereunder shall be deposited into the Used Tire Management Fund. The Agency may in its discretion store, dispose of or convey the tires that are removed from an area at which it has undertaken a corrective, preventive or consensual removal action, and may sell or store such tires and other items, including but not limited to rims, that are removed from the area. The net proceeds of any sale shall be credited against the liability incurred by the owner or operator for the costs of any preventive or corrective action. (h) Any person liable to the Agency for costs incurred under subsection (g) of this Section may be liable to the State of Illinois for punitive damages in an amount at least equal to, and not more than 2 times, the costs incurred by the State if such person failed without sufficient cause to take preventive or corrective action pursuant to notice issued under subsection (d) of this Section. (i) There shall be no liability under subsection (g) of this Section for a person otherwise liable who can establish by a preponderance of the evidence that the hazard created by the tires was caused solely by: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent, and other than a person whose act or omission occurs in connection with a contractual relationship with the person otherwise liable. For the purposes of this subsection, "contractual relationship" includes, but is not limited to, land contracts, deeds and other instruments transferring title or possession, unless the real property upon which the accumulation is located was acquired by the defendant after the disposal or placement of used or waste tires on, in or at the property and one or more of the following circumstances is also established by a preponderance of the evidence: (A) at the time the defendant acquired the property, the defendant did not know and had no reason to know that any used or waste tires had been disposed of or placed on, in or at the property, and the defendant undertook, at the time of acquisition, all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability; (B) the defendant is a government entity which acquired the property by escheat or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation; or (C) the defendant acquired the property by inheritance or bequest. (j) Nothing in this Section shall affect or modify the obligations or liability of any person under any other provision of this Act, federal law, or State law, including the common law, for injuries, damages or losses resulting from the circumstances leading to Agency action under this Section. (k) The costs and damages provided for in this Section may be imposed by the Board in an action brought before the Board in accordance with Title VIII of this Act, except that subsection (c) of Section 33 of this Act shall not apply to any such action. (l) The Agency shall, when feasible, consult with the Department
333 [April 5, 2001] of Public Health prior to taking any action to remove or treat an infested tire accumulation for control of mosquitoes or other disease vectors. The Agency may by contract or agreement secure the services of the Department of Public Health, any local public health department, or any other qualified person in treating any such infestation as part of an emergency or preventive action. (m) Neither the State, the Agency, the Board, the Director, nor any State employee shall be liable for any damage or injury arising out of or resulting from any action taken under this Section. (Source: P.A. 89-445, eff. 2-7-96.) Section 99. Effective date. This Act takes effect on July 1, 2001.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE BILL 1887. Having been read by title a second time earlier today, and held on the order of Second Reading, the same was again taken up. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO HOUSE BILL 1887 AMENDMENT NO. 2. Amend House Bill 1887, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Lead Poisoning Prevention Act is amended by changing Sections 8, 9, 9.1, 11.2, and 12 as follows: (410 ILCS 45/8) (from Ch. 111 1/2, par. 1308) Sec. 8. Inspection of buildings occupied by a person screening positive. A representative of the Department, or delegate agency, shall
[April 5, 2001] 334 (2) Mail or otherwise provide a copy of the inspection report to the property owner and to the occupants of the dwelling unit. If a lead bearing substance is found, at the time of providing a copy of the inspection report, the Department or its delegate agency shall attach an informational brochure. (Source: P.A. 87-175; 87-1144.) (410 ILCS 45/9) (from Ch. 111 1/2, par. 1309) Sec. 9. Procedures upon determination of lead hazard. (1) If the inspection report identifies a lead hazard, the Department or delegate agency shall serve a mitigation notice on the property owner that the owner is required to mitigate the lead hazard, and shall indicate the time period specified in this Section in which the owner must complete the mitigation. The notice shall include information describing mitigation activities which meet the requirements of this Act. (1.5) If the inspection report identifies a lead hazard in a multi-unit building and the affected occupant is a child under 6 years of age or a pregnant woman, the Department or delegate agency may also inspect the other dwelling units and the common areas of the building. If a lead hazard is identified in the building in one or more other dwelling units, the Department or delegate agency shall provide the property owner and any affected tenants of those other dwelling units a copy of the inspection report. (2) Upon receipt of a mitigation notice
335 [April 5, 2001] dwelling unit or common area. The owner must complete the mitigation of any lead hazards in a multi-unit building no later than one year after the mitigation order by the Department or delegate agency, unless the owner is granted an extension as provided in subsection (6). (6) An owner may apply to the Department or its delegate agency for an extension of the deadline for mitigation. If the Department or its delegate agency determines that the owner is making substantial progress toward mitigation, or that the failure to meet the deadline is the result of a shortage of licensed abatement contractors or workers, or that the failure to meet the deadline is because the owner is awaiting the review and approval of a mitigation plan, the Department or delegate agency may grant an extension of the deadline. (7) The Department or its delegate agency may, after the deadline set for completion of mitigation, conduct a follow-up inspection of any dwelling for which a mitigation notice was issued for the purpose of determining whether the mitigation actions required have been completed and whether the activities have sufficiently mitigated the lead hazard as provided under this Section. The Department or its delegate agency may conduct a follow-up inspection upon notification by
[April 5, 2001] 336 deposited into the Lead Poisoning Screening, Prevention, and Abatement Fund. (Source: P.A. 87-1144.) (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312) Sec. 12. Violations of Act. (a) Violation of any Section of this Act other than Section 7 shall be punishable as a Class A misdemeanor in the case of a first offense, and a Class 4 felony in the case of a second or subsequent offense. (b) In cases where a person is found to have mislabeled, possessed, offered for sale or transfer, sold or transferred, or given away lead-bearing substances, a representative of the Department shall confiscate the lead-bearing substances and retain the substances until they are shown to be in compliance with this Act. (c) In addition to any other penalty provided under this Act, the court in an action brought under subsection (d) may impose upon any person who violates this Act or any rule adopted under this Act, or who violates any determination or order of the Department under this Act, a civil penalty not exceeding $2,500 for each violation plus $250 for each day that the violation continues. Any civil penalties collected in a court proceeding shall be deposited into a delegated county lead poisoning screening, prevention, and abatement fund or, if no delegated county exists, into the Lead Poisoning Screening, Prevention, and Abatement Fund. (d) The State's Attorney of the county in which a violation occurs or the Attorney General may bring an action for the enforcement of this Act and the rules adopted and orders issued under this Act, in the name of the People of the State of Illinois, and may, in addition to other remedies provided in this Act, bring an action for an injunction to restrain any actual or threatened violation or to impose or collect a civil penalty for any violation. (Source: P.A. 87-175.) Section 10. The Environmental Protection Act is amended by adding Section 22.28a as follows: (415 ILCS 5/22.28a new) Sec. 22.28a. White goods handled by scrap dealership or junkyard. (a) No owner, operator, agent, or employee of a junkyard or scrap dealership may knowingly shred, scrap, dismantle, recycle, incinerate, handle, store, or otherwise manage any white good that contains any white good components in violation of this Act or any other applicable State or federal law. (b) For the purposes of this Section, the term "white goods" has the same meaning as in Section 22.28. 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 ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been read by title a second time on April 4, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 3224. HOUSE BILL 2576. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE BILL 2576
337 [April 5, 2001] AMENDMENT NO. 1. Amend House Bill 2576 by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Section 4 as follows: (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004) Sec. 4. Environmental Protection Agency; establishment; duties. (a) There is established in the Executive Branch of the State Government an agency to be known as the Environmental Protection Agency. This Agency shall be under the supervision and direction of a Director who shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the Director shall expire on the third Monday of January in odd numbered years provided that he shall hold his office until his successor is appointed and qualified. The Director shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater. If set by the Governor, the Director's annual salary may not exceed 85% of the Governor's annual salary. The Director, in accord with the Personnel Code, shall employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of this Act. In addition, the Director may by agreement secure such services as he may deem necessary from any other department, agency, or unit of the State Government, and may employ and compensate such consultants and technical assistants as may be required. (b) The Agency shall have the duty to collect and disseminate such information, acquire such technical data, and conduct such experiments as may be required to carry out the purposes of this Act, including ascertainment of the quantity and nature of discharges from any contaminant source and data on those sources, and to operate and arrange for the operation of devices for the monitoring of environmental quality. (c) The Agency shall have authority to conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential contaminant or noise sources, of public water supplies, and of refuse disposal sites. (d) In accordance with constitutional limitations, the Agency shall have authority to enter at all reasonable times upon any private or public property for the purpose of: (1) Inspecting and investigating to ascertain possible violations of the Act or of regulations thereunder, or of permits or terms or conditions thereof; or (2) In accordance with the provisions of this Act, taking whatever preventive or corrective action, including but not limited to removal or remedial action, that is necessary or appropriate whenever there is a release or a substantial threat of a release of (A) a hazardous substance or pesticide or (B) petroleum from an underground storage tank. (e) The Agency shall have the duty to investigate violations of this Act or of regulations adopted thereunder, or of permits or terms or conditions thereof, to issue administrative citations as provided in Section 31.1 of this Act, and to take such summary enforcement action as is provided for by Section 34 of this Act. (f) The Agency shall appear before the Board in any hearing upon a petition for variance, the denial of a permit, or the validity or effect of a rule or regulation of the Board, and shall have the authority to appear before the Board in any hearing under the Act. (g) The Agency shall have the duty to administer, in accord with Title X of this Act, such permit and certification systems as may be established by this Act or by regulations adopted thereunder. The Agency may enter into written delegation agreements with any department, agency, or unit of State or local government under which all or portions of this duty may be delegated for public water supply storage and transport systems, sewage collection and transport systems, air pollution control sources with uncontrolled emissions of 100 tons per year or less and application of algicides to waters of the State. Such delegation agreements will require that the work to be performed
[April 5, 2001] 338 thereunder will be in accordance with Agency criteria, subject to Agency review, and shall include such financial and program auditing by the Agency as may be required. (h) The Agency shall have authority to require the submission of complete plans and specifications from any applicant for a permit required by this Act or by regulations thereunder, and to require the submission of such reports regarding actual or potential violations of the Act or of regulations thereunder, or of permits or terms or conditions thereof, as may be necessary for purposes of this Act. (i) The Agency shall have authority to make recommendations to the Board for the adoption of regulations under Title VII of the Act. (j) The Agency shall have the duty to represent the State of Illinois in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements relating to environmental protection. (k) The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, indirect cost reimbursements, or other funds made available to the State from any source for purposes of this Act or for air or water pollution control, public water supply, solid waste disposal, noise abatement, or other environmental protection activities, surveys, or programs. Any federal funds received by the Agency pursuant to this subsection shall be deposited in a trust fund with the State Treasurer and held and disbursed by him in accordance with Treasurer as Custodian of Funds Act, provided that such monies shall be used only for the purposes for which they are contributed and any balance remaining shall be returned to the contributor. The Agency is authorized to promulgate such regulations and enter into such contracts as it may deem necessary for carrying out the provisions of this subsection. (l) The Agency is hereby designated as water pollution agency for the State for all purposes of the federal Water Pollution Control Act, as amended; as implementing agency for the State for all purposes of the Safe Drinking Water Act, Public Law 93-523, as now or hereafter amended, except Section 1425 of that Act; as air pollution agency for the state for all purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31, 1970, as amended; and as solid waste agency for the state for all purposes of the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965, and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved October 26, 1970, as amended, and amended by the Resource Conservation and Recovery Act of 1976, (P.L. 94-580) approved October 21, 1976, as amended; as noise control agency for the state for all purposes of the Noise Control Act of 1972, Public Law 92-574, approved October 27, 1972, as amended; and as implementing agency for the State for all purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended; and otherwise as pollution control agency for the State pursuant to federal laws integrated with the foregoing laws, for financing purposes or otherwise. The Agency is hereby authorized to take all action necessary or appropriate to secure to the State the benefits of such federal Acts, provided that the Agency shall transmit to the United States without change any standards adopted by the Pollution Control Board pursuant to Section 5(c) of this Act. This subsection (l) of Section 4 shall not be construed to bar or prohibit the Environmental Protection Trust Fund Commission from accepting, receiving, and administering on behalf of the State any grants, gifts, loans or other funds for which the Commission is eligible pursuant to the Environmental Protection Trust Fund Act. The Agency is hereby designated as the State agency for all purposes of administering the requirements of Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986. The Agency is hereby designated as the sole administrator of programs under the federal Clean Water Act for the State of Illinois. No other commission, agency, district, or other governmental entity has any authority to regulate wetlands or erosion control plans, except as may be delegated to it by the Agency or otherwise specifically granted
339 [April 5, 2001] by law. Any municipality, sanitary district, or other political subdivision, or any Agency of the State or interstate Agency, which makes application for loans or grants under such federal Acts shall notify the Agency of such application; the Agency may participate in proceedings under such federal Acts. (m) The Agency shall have authority, consistent with Section 5(c) and other provisions of this Act, and for purposes of Section 303(e) of the Federal Water Pollution Control Act, as now or hereafter amended, to engage in planning processes and activities and to develop plans in cooperation with units of local government, state agencies and officers, and other appropriate persons in connection with the jurisdiction or duties of each such unit, agency, officer or person. Public hearings shall be held on the planning process, at which any person shall be permitted to appear and be heard, pursuant to procedural regulations promulgated by the Agency. (n) In accordance with the powers conferred upon the Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall have authority to establish and enforce minimum standards for the operation of laboratories relating to analyses and laboratory tests for air pollution, water pollution, noise emissions, contaminant discharges onto land and sanitary, chemical, and mineral quality of water distributed by a public water supply. The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency. (o) The Agency shall have the authority to issue certificates of competency to persons and laboratories meeting the minimum standards established by the Agency in accordance with Section 4(n) of this Act and to promulgate and enforce regulations relevant to the issuance and use of such certificates. The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency. (p) Except as provided in Section 17.7, the Agency shall have the duty to analyze samples as required from each public water supply to determine compliance with the contaminant levels specified by the Pollution Control Board. The maximum number of samples which the Agency shall be required to analyze for microbiological quality shall be 6 per month, but the Agency may, at its option, analyze a larger number each month for any supply. Results of sample analyses for additional required bacteriological testing, turbidity, residual chlorine and radionuclides are to be provided to the Agency in accordance with Section 19. Owners of water supplies may enter into agreements with the Agency to provide for reduced Agency participation in sample analyses. (q) The Agency shall have the authority to provide notice to any person who may be liable pursuant to Section 22.2(f) of this Act for a release or a substantial threat of a release of a hazardous substance or pesticide. Such notice shall include the identified response action and an opportunity for such person to perform the response action. (r) The Agency may enter into written delegation agreements with any unit of local government under which it may delegate all or portions of its inspecting, investigating and enforcement functions. Such delegation agreements shall require that work performed thereunder be in accordance with Agency criteria and subject to Agency review. Notwithstanding any other provision of law to the contrary, no unit of local government shall be liable for any injury resulting from the exercise of its authority pursuant to such a delegation agreement unless the injury is proximately caused by the willful and wanton negligence of an agent or employee of the unit of local government, and any policy of insurance coverage issued to a unit of local government may provide for the denial of liability and the nonpayment of claims based upon injuries for which the unit of local government is not liable pursuant to this subsection (r). (s) The Agency shall have authority to take whatever preventive or corrective action is necessary or appropriate, including but not
[April 5, 2001] 340 limited to expenditure of monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for removal or remedial action, whenever any hazardous substance or pesticide is released or there is a substantial threat of such a release into the environment. The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken under this subsection. The Director of the Agency is authorized to enter into such contracts and agreements as are necessary to carry out the Agency's duties under this subsection. (t) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, for financing and construction of municipal wastewater facilities. With respect to all monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for wastewater facility grants, the Agency shall make distributions in conformity with the rules and regulations established pursuant to the Anti-Pollution Bond Act, as now or hereafter amended. (u) Pursuant to the Illinois Administrative Procedure Act, the Agency shall have the authority to adopt such rules as are necessary or appropriate for the Agency to implement Section 31.1 of this Act. (v) (Blank) (w) Neither the State, nor the Director, nor the Board, nor any State employee shall be liable for any damages or injury arising out of or resulting from any action taken under subsection (s) or subsection (v). (x)(1) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, to units of local government for financing and construction of public water supply facilities. With respect to all monies appropriated from the Build Illinois Bond Fund or the Build Illinois Purposes Fund for public water supply grants, such grants shall be made in accordance with rules promulgated by the Agency. Such rules shall include a requirement for a local match of 30% of the total project cost for projects funded through such grants. (2) The Agency shall not terminate a grant to a unit of local government for the financing and construction of public water supply facilities unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for the termination of such grants. The Agency shall not make determinations on whether specific grant conditions are necessary to ensure the integrity of a project or on whether subagreements shall be awarded, with respect to grants for the financing and construction of public water supply facilities, unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for making such determinations. The Agency shall not issue a stop-work order in relation to such grants unless and until the Agency adopts precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for determining whether to issue a stop-work order. (y) The Agency shall have authority to release any person from further responsibility for preventive or corrective action under this Act following successful completion of preventive or corrective action undertaken by such person upon written request by the person. (Source: P.A. 91-25, eff. 6-9-99.) Section 99. Effective date. This Act takes effect upon becoming law.". Floor Amendment No. 2 remained in the Committee on Environment & Energy. Representative Novak offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO HOUSE BILL 2576
341 [April 5, 2001] AMENDMENT NO. 3. Amend House Bill 2576 by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Section 4 as follows: (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004) Sec. 4. Environmental Protection Agency; establishment; duties. (a) There is established in the Executive Branch of the State Government an agency to be known as the Environmental Protection Agency. This Agency shall be under the supervision and direction of a Director who shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the Director shall expire on the third Monday of January in odd numbered years provided that he shall hold his office until his successor is appointed and qualified. The Director shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater. If set by the Governor, the Director's annual salary may not exceed 85% of the Governor's annual salary. The Director, in accord with the Personnel Code, shall employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of this Act. In addition, the Director may by agreement secure such services as he may deem necessary from any other department, agency, or unit of the State Government, and may employ and compensate such consultants and technical assistants as may be required. (b) The Agency shall have the duty to collect and disseminate such information, acquire such technical data, and conduct such experiments as may be required to carry out the purposes of this Act, including ascertainment of the quantity and nature of discharges from any contaminant source and data on those sources, and to operate and arrange for the operation of devices for the monitoring of environmental quality. (c) The Agency shall have authority to conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential contaminant or noise sources, of public water supplies, and of refuse disposal sites. (d) In accordance with constitutional limitations, the Agency shall have authority to enter at all reasonable times upon any private or public property for the purpose of: (1) Inspecting and investigating to ascertain possible violations of the Act or of regulations thereunder, or of permits or terms or conditions thereof; or (2) In accordance with the provisions of this Act, taking whatever preventive or corrective action, including but not limited to removal or remedial action, that is necessary or appropriate whenever there is a release or a substantial threat of a release of (A) a hazardous substance or pesticide or (B) petroleum from an underground storage tank. (e) The Agency shall have the duty to investigate violations of this Act or of regulations adopted thereunder, or of permits or terms or conditions thereof, to issue administrative citations as provided in Section 31.1 of this Act, and to take such summary enforcement action as is provided for by Section 34 of this Act. (f) The Agency shall appear before the Board in any hearing upon a petition for variance, the denial of a permit, or the validity or effect of a rule or regulation of the Board, and shall have the authority to appear before the Board in any hearing under the Act. (g) The Agency shall have the duty to administer, in accord with Title X of this Act, such permit and certification systems as may be established by this Act or by regulations adopted thereunder. The Agency may enter into written delegation agreements with any department, agency, or unit of State or local government under which all or portions of this duty may be delegated for public water supply storage and transport systems, sewage collection and transport systems, air pollution control sources with uncontrolled emissions of 100 tons per year or less and application of algicides to waters of the State. Such delegation agreements will require that the work to be performed
[April 5, 2001] 342 thereunder will be in accordance with Agency criteria, subject to Agency review, and shall include such financial and program auditing by the Agency as may be required. (h) The Agency shall have authority to require the submission of complete plans and specifications from any applicant for a permit required by this Act or by regulations thereunder, and to require the submission of such reports regarding actual or potential violations of the Act or of regulations thereunder, or of permits or terms or conditions thereof, as may be necessary for purposes of this Act. (i) The Agency shall have authority to make recommendations to the Board for the adoption of regulations under Title VII of the Act. (j) The Agency shall have the duty to represent the State of Illinois in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements relating to environmental protection. (k) The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, indirect cost reimbursements, or other funds made available to the State from any source for purposes of this Act or for air or water pollution control, public water supply, solid waste disposal, noise abatement, or other environmental protection activities, surveys, or programs. Any federal funds received by the Agency pursuant to this subsection shall be deposited in a trust fund with the State Treasurer and held and disbursed by him in accordance with Treasurer as Custodian of Funds Act, provided that such monies shall be used only for the purposes for which they are contributed and any balance remaining shall be returned to the contributor. The Agency is authorized to promulgate such regulations and enter into such contracts as it may deem necessary for carrying out the provisions of this subsection. (l) The Agency is hereby designated as water pollution agency for the State for all purposes of the federal Water Pollution Control Act, as amended; as implementing agency for the State for all purposes of the Safe Drinking Water Act, Public Law 93-523, as now or hereafter amended, except Section 1425 of that Act; as air pollution agency for the state for all purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31, 1970, as amended; and as solid waste agency for the state for all purposes of the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965, and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved October 26, 1970, as amended, and amended by the Resource Conservation and Recovery Act of 1976, (P.L. 94-580) approved October 21, 1976, as amended; as noise control agency for the state for all purposes of the Noise Control Act of 1972, Public Law 92-574, approved October 27, 1972, as amended; and as implementing agency for the State for all purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended; and otherwise as pollution control agency for the State pursuant to federal laws integrated with the foregoing laws, for financing purposes or otherwise. The Agency is hereby authorized to take all action necessary or appropriate to secure to the State the benefits of such federal Acts, provided that the Agency shall transmit to the United States without change any standards adopted by the Pollution Control Board pursuant to Section 5(c) of this Act. This subsection (l) of Section 4 shall not be construed to bar or prohibit the Environmental Protection Trust Fund Commission from accepting, receiving, and administering on behalf of the State any grants, gifts, loans or other funds for which the Commission is eligible pursuant to the Environmental Protection Trust Fund Act. The Agency is hereby designated as the State agency for all purposes of administering the requirements of Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986. The Agency is hereby designated as the administrator of wetlands and erosion control programs under the federal Clean Water Act for the State of Illinois. Beginning on the effective date of this amendatory Act of the 92nd General Assembly, no other commission, agency, district, or other governmental entity has any authority to regulate
343 [April 5, 2001] wetlands or erosion control programs, except as may be delegated to it by the Agency or otherwise specifically granted by law. Any municipality, sanitary district, or other political subdivision, or any Agency of the State or interstate Agency, which makes application for loans or grants under such federal Acts shall notify the Agency of such application; the Agency may participate in proceedings under such federal Acts. (m) The Agency shall have authority, consistent with Section 5(c) and other provisions of this Act, and for purposes of Section 303(e) of the Federal Water Pollution Control Act, as now or hereafter amended, to engage in planning processes and activities and to develop plans in cooperation with units of local government, state agencies and officers, and other appropriate persons in connection with the jurisdiction or duties of each such unit, agency, officer or person. Public hearings shall be held on the planning process, at which any person shall be permitted to appear and be heard, pursuant to procedural regulations promulgated by the Agency. (n) In accordance with the powers conferred upon the Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall have authority to establish and enforce minimum standards for the operation of laboratories relating to analyses and laboratory tests for air pollution, water pollution, noise emissions, contaminant discharges onto land and sanitary, chemical, and mineral quality of water distributed by a public water supply. The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency. (o) The Agency shall have the authority to issue certificates of competency to persons and laboratories meeting the minimum standards established by the Agency in accordance with Section 4(n) of this Act and to promulgate and enforce regulations relevant to the issuance and use of such certificates. The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency. (p) Except as provided in Section 17.7, the Agency shall have the duty to analyze samples as required from each public water supply to determine compliance with the contaminant levels specified by the Pollution Control Board. The maximum number of samples which the Agency shall be required to analyze for microbiological quality shall be 6 per month, but the Agency may, at its option, analyze a larger number each month for any supply. Results of sample analyses for additional required bacteriological testing, turbidity, residual chlorine and radionuclides are to be provided to the Agency in accordance with Section 19. Owners of water supplies may enter into agreements with the Agency to provide for reduced Agency participation in sample analyses. (q) The Agency shall have the authority to provide notice to any person who may be liable pursuant to Section 22.2(f) of this Act for a release or a substantial threat of a release of a hazardous substance or pesticide. Such notice shall include the identified response action and an opportunity for such person to perform the response action. (r) The Agency may enter into written delegation agreements with any unit of local government under which it may delegate all or portions of its inspecting, investigating and enforcement functions. Such delegation agreements shall require that work performed thereunder be in accordance with Agency criteria and subject to Agency review. Notwithstanding any other provision of law to the contrary, no unit of local government shall be liable for any injury resulting from the exercise of its authority pursuant to such a delegation agreement unless the injury is proximately caused by the willful and wanton negligence of an agent or employee of the unit of local government, and any policy of insurance coverage issued to a unit of local government may provide for the denial of liability and the nonpayment of claims based upon injuries for which the unit of local government is not liable pursuant to this subsection (r). (s) The Agency shall have authority to take whatever preventive or
[April 5, 2001] 344 corrective action is necessary or appropriate, including but not limited to expenditure of monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for removal or remedial action, whenever any hazardous substance or pesticide is released or there is a substantial threat of such a release into the environment. The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken under this subsection. The Director of the Agency is authorized to enter into such contracts and agreements as are necessary to carry out the Agency's duties under this subsection. (t) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, for financing and construction of municipal wastewater facilities. With respect to all monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for wastewater facility grants, the Agency shall make distributions in conformity with the rules and regulations established pursuant to the Anti-Pollution Bond Act, as now or hereafter amended. (u) Pursuant to the Illinois Administrative Procedure Act, the Agency shall have the authority to adopt such rules as are necessary or appropriate for the Agency to implement Section 31.1 of this Act. (v) (Blank) (w) Neither the State, nor the Director, nor the Board, nor any State employee shall be liable for any damages or injury arising out of or resulting from any action taken under subsection (s) or subsection (v). (x)(1) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, to units of local government for financing and construction of public water supply facilities. With respect to all monies appropriated from the Build Illinois Bond Fund or the Build Illinois Purposes Fund for public water supply grants, such grants shall be made in accordance with rules promulgated by the Agency. Such rules shall include a requirement for a local match of 30% of the total project cost for projects funded through such grants. (2) The Agency shall not terminate a grant to a unit of local government for the financing and construction of public water supply facilities unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for the termination of such grants. The Agency shall not make determinations on whether specific grant conditions are necessary to ensure the integrity of a project or on whether subagreements shall be awarded, with respect to grants for the financing and construction of public water supply facilities, unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for making such determinations. The Agency shall not issue a stop-work order in relation to such grants unless and until the Agency adopts precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for determining whether to issue a stop-work order. (y) The Agency shall have authority to release any person from further responsibility for preventive or corrective action under this Act following successful completion of preventive or corrective action undertaken by such person upon written request by the person. (Source: P.A. 91-25, eff. 6-9-99.) 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. 3 was ordered engrossed; and the bill, as amended, was again held on the order of Second Reading.
345 [April 5, 2001] HOUSE BILL 1935. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Collins offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 1935 AMENDMENT NO. 1. Amend House Bill 1935 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by adding Sections 3-2010.5 and 3-11010.5 as follows: (55 ILCS 5/3-2010.5 new) Sec. 3-2010.5. Heirloom marriage certificate. The clerk in counties with a population over 2,000,000 may issue an heirloom marriage certificate as prescribed under Section 202 of the Illinois Marriage and Dissolution of Marriage Act. The fee for the certificate shall be determined by the State Registrar and shall include the cost of production and issuance of the heirloom marriage certificate and an additional sum of $25, and $25 of that fee shall be transferred to the county treasurer for deposit into the County Affordable Housing Fund. (55 ILCS 5/3-11010.5 new) Sec. 3-11010.5. County Affordable Housing Fund. The treasurer in counties with a population over 2,000,000 shall establish a County Affordable Housing Fund for deposit of fees as required by Section 3-2010.5 for heirloom marriage certificates. The moneys in the Fund shall be used for grants and for affordable housing programs in the county. Not less than 50% of those moneys shall be used as grants to municipalities with a population of over 500,000 for affordable housing programs in those municipalities. Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 202 as follows: (750 ILCS 5/202) (from Ch. 40, par. 202) Sec. 202. Marriage License and Marriage Certificate.) (a) The Director of Public Health shall prescribe the form for an application for a marriage license, which shall include the following information: (1) name, sex, occupation, address, social security number, date and place of birth of each party to the proposed marriage; (2) if either party was previously married, his name, and the date, place and court in which the marriage was dissolved or declared invalid or the date and place of death of the former spouse; (3) name and address of the parents or guardian of each party; and (4) whether the parties are related to each other and, if so, their relationship. (b) The Director of Public Health shall prescribe the forms for the marriage license, the marriage certificate, the heirloom marriage certificate for counties with a population over 2,000,000, and, when necessary, the consent to marriage. (Source: P.A. 80-923.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. Having been read by title a second time on April 4, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 3375. RECALLS
[April 5, 2001] 346 By unanimous consent, on motion of Representative Wait, HOUSE BILL 2079 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 10, 21, 22, 32, 38, 48, 62, 71, 74, 114, 118, 151, 161, 163, 269, 273, 333, 356, 385, 394, 435, 437, 447, 500, 531, 547, 556, 575, 603, 608, 627, 629, 636, 663, 694, 717, 721, 729, 750, 796, 797, 832, 847, 899, 921, 930, 933, 941, 1024, 1047, 1069, 1190, 1254, 1258, 1262, 1297, 1309, 1341, 1497, 1504 and 1522. At the hour of 11:05 o'clock p.m., Representative Currie moved that the House do now adjourn until Friday, April 6, 2001, at 9:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
347 [April 5, 2001] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 05, 2001 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P FEIGENHOLTZ P LINDNER P POE P BASSI P FLOWERS P LYONS,EILEEN P REITZ P BEAUBIEN P FORBY P LYONS,JOSEPH P RIGHTER P BELLOCK P FOWLER P MATHIAS P RUTHERFORD P BERNS P FRANKS P MAUTINO P RYAN P BIGGINS P FRITCHEY P MAY P RYDER P BLACK P GARRETT P McAULIFFE P SAVIANO P BOLAND P GILES P McCARTHY P SCHMITZ P BOST P GRANBERG P McGUIRE P SCHOENBERG P BRADLEY P HAMOS P McKEON P SCOTT P BRADY P HANNIG P MENDOZA P SCULLY P BROSNAHAN P HARTKE P MEYER P SLONE P BRUNSVOLD P HASSERT P MILLER P SMITH P BUGIELSKI P HOEFT P MITCHELL,BILL P SOMMER P BURKE P HOFFMAN P MITCHELL,JERRY P SOTO P CAPPARELLI P HOLBROOK P MOFFITT E STEPHENS P COLLINS P HOWARD P MOORE P STROGER P COULSON P HULTGREN P MORROW P TENHOUSE P COWLISHAW P JOHNSON P MULLIGAN P TURNER,ART P CROSS P JONES,JOHN P MURPHY P TURNER,JOHN P CROTTY P JONES,LOU P MYERS P WAIT P CURRIE P JONES,SHIRLEY P NOVAK P WINKEL P CURRY P KENNER P O'BRIEN P WINTERS P DANIELS P KLINGLER P O'CONNOR P WIRSING P DART P KOSEL P OSMOND P WOJCIK P DAVIS,MONIQUE P KRAUSE P OSTERMAN E YARBROUGH P DAVIS,STEVE P KURTZ P PANKAU P YOUNGE P DELGADO P LANG P PARKE P ZICKUS P DURKIN P LAWFER P PERSICO P MR. SPEAKER P ERWIN P LEITCH E - Denotes Excused Absence
[April 5, 2001] 348 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3037 MENTALLY ILL DEVELOP DISABLED THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
349 [April 5, 2001] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 953 SEED LAW-TECH THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 350 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 632 ABANDONED NEWBORN INFANT-NEW THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
351 [April 5, 2001] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 280 PROP TAX-RELIG-SCHOOL EXMPTION THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 352 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2566 REAL ESTATE-AUDIT FUND THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
353 [April 5, 2001] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2437 DEVELOPMNTL DISABILITIES SRVCS THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 354 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2276 HLTH-DO NOT RESUSCITATE ORDER THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN E FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
355 [April 5, 2001] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2807 COURTS-TECH THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG A MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 356 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3576 CLERK OF COURT-RETURNED CHECK THIRD READING PASSED APR 05, 2001 89 YEAS 27 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY Y SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER N O'BRIEN Y WINTERS Y DANIELS N KLINGLER N O'CONNOR Y WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
357 [April 5, 2001] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2548 CLEAN INDOOR AIR-LOCAL GOVT THIRD READING PASSED APR 05, 2001 73 YEAS 42 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN N REITZ N BEAUBIEN N FORBY N LYONS,JOSEPH Y RIGHTER N BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS N MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ N BOST N GRANBERG Y McGUIRE Y SCHOENBERG N BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE N BRUNSVOLD N HASSERT Y MILLER Y SMITH N BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER N BURKE N HOFFMAN Y MITCHELL,JERRY Y SOTO N CAPPARELLI N HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON N HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART A CROSS N JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY N NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 5, 2001] 358 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2438 CIRCUIT BREAKER-CALENDAR YEAR THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
359 [April 5, 2001] NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1915 DNR-CONSERV LAW VIOLATIONS THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 360 NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2419 INS ADVERSE DECISION NOTICE THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
361 [April 5, 2001] NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1695 PRIVATE SEWAGE DISPOSAL-FINES THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 362 NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1956 LOCAL GOV-CREDIT CARD FEES THIRD READING PASSED APR 05, 2001 102 YEAS 14 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA N SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART N KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
363 [April 5, 2001] NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3008 CREDIT UNIONS FEES-INVESTMENTS THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 364 NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2377 UCC-SECURED TRANSACTIONS-SCOPE THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
365 [April 5, 2001] NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2432 HOUSING AUTH-FINANCES THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 366 NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 625 GO BONDS-CIVIC CENTER REPAIR THIRD READING PASSED APR 05, 2001 88 YEAS 27 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ A LINDNER Y POE N BASSI Y FLOWERS Y LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD N BERNS Y FRANKS Y MAUTINO N RYAN N BIGGINS Y FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY N HANNIG Y MENDOZA N SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON Y HULTGREN Y MORROW Y TENHOUSE N COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY N NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
367 [April 5, 2001] NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 914 BONDS-PUBLIC BUILDING COMMISSN THIRD READING PASSED APR 05, 2001 63 YEAS 52 NAYS 1 PRESENT N ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK N FOWLER Y MATHIAS N RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO N BOLAND Y GILES N McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY N HANNIG N MENDOZA N SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER N SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER N BURKE N HOFFMAN N MITCHELL,JERRY N SOTO Y CAPPARELLI N HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN N CROTTY Y JONES,LOU N MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING N DART N KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE N DELGADO P LANG Y PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 368 NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3011 MEDICAID-VENDOR-UNION ACTIVITY THIRD READING PASSED APR 05, 2001 70 YEAS 46 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
369 [April 5, 2001] NO. 23 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3212 TECH DEVELOPMENT FUND THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 370 NO. 24 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3292 PROP TAX-OFFICE OF APPRAISALS THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO P MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
371 [April 5, 2001] NO. 25 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 300 CRIM ID-EXPUNGE THIRD READING PASSED APR 05, 2001 115 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 372 NO. 26 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2662 PENSIONS-TECH THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
373 [April 5, 2001] NO. 27 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 546 CRIM CD-RECKLESS HOMICIDE THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE A BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY A NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 374 NO. 28 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3241 MUNI CODE-TIF-RERORT TO DCCA THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
375 [April 5, 2001] NO. 29 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3071 HOSPITAL LICENSING-FEES THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 376 NO. 30 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1741 SCH CD-CHI-TAX ANTICIPAT WARNT THIRD READING PASSED APR 05, 2001 74 YEAS 41 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY N MAY N RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE A SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA N SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN N CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
377 [April 5, 2001] NO. 31 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3157 PUB LABOR-EMPLOYEE CANDIDATE THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT A BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 378 NO. 32 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 505 LOC PLANNING TECH ASSISTANCE THIRD READING PASSED APR 05, 2001 114 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY N KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
379 [April 5, 2001] NO. 33 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2110 ED LOAN PURCHASE PROGRAM BONDS THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 380 NO. 34 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1094 PROP TAX-TAX SALE-LIENHOLDERS THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS A KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN A LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
381 [April 5, 2001] NO. 35 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1825 ANIMAL CREMATION ACT THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 382 NO. 36 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1975 MOBILE HOME TAX-ENFORCEMENT THIRD READING PASSED APR 05, 2001 88 YEAS 25 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER N BELLOCK Y FOWLER N MATHIAS Y RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER N BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON N HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN A TURNER,ART Y CROSS N JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN P WINTERS Y DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO A LANG N PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
383 [April 5, 2001] NO. 37 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1712 SCH CD-AID-EXTENSION LIMIT EAV THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK A DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 384 NO. 38 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2502 E ST LOUIS TEACHERS ACADEMY THIRD READING PASSED APR 05, 2001 63 YEAS 53 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS N FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS Y KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
385 [April 5, 2001] NO. 39 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3073 VEH CD-SIZE-WEIGHT-LOAD PERMIT THIRD READING PASSED APR 05, 2001 63 YEAS 50 NAYS 2 PRESENT N ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER N BELLOCK Y FOWLER N MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN N BIGGINS N FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND P GILES N McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE N SCHOENBERG N BRADLEY N HAMOS N McKEON N SCOTT Y BRADY Y HANNIG Y MENDOZA N SCULLY N BROSNAHAN Y HARTKE N MEYER N SLONE Y BRUNSVOLD Y HASSERT N MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS N COLLINS N HOWARD N MOORE N STROGER N COULSON N HULTGREN N MORROW Y TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE A JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY P KENNER Y O'BRIEN Y WINTERS N DANIELS Y KLINGLER N O'CONNOR Y WIRSING N DART Y KOSEL N OSMOND Y WOJCIK N DAVIS,MONIQUE N KRAUSE N OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE N DELGADO N LANG Y PARKE Y ZICKUS N DURKIN Y LAWFER N PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 386 NO. 40 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3073 VEH CD-SIZE-WEIGHT-LOAD PERMIT THIRD READING TABLE MOTION TO RECONSIDER THE VOTE LOST APR 05, 2001 51 YEAS 63 NAYS 0 PRESENT N ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS N LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY N LYONS,JOSEPH Y RIGHTER N BELLOCK Y FOWLER N MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS A FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND N GILES N McCARTHY N SCHMITZ Y BOST N GRANBERG N McGUIRE N SCHOENBERG N BRADLEY N HAMOS N McKEON N SCOTT Y BRADY N HANNIG N MENDOZA N SCULLY N BROSNAHAN Y HARTKE N MEYER N SLONE Y BRUNSVOLD Y HASSERT N MILLER N SMITH N BUGIELSKI N HOEFT Y MITCHELL,BILL Y SOMMER N BURKE A HOFFMAN Y MITCHELL,JERRY N SOTO N CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS N COLLINS N HOWARD N MOORE N STROGER Y COULSON Y HULTGREN N MORROW Y TENHOUSE N COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN N MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY N KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING N DART N KOSEL Y OSMOND N WOJCIK N DAVIS,MONIQUE N KRAUSE N OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU N YOUNGE N DELGADO N LANG Y PARKE N ZICKUS Y DURKIN Y LAWFER N PERSICO N MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence
387 [April 5, 2001] NO. 41 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3073 VEH CD-SIZE-WEIGHT-LOAD PERMIT MOTION TO RECONSIDER THE VOTE BY WHICH IT PASSED PREVAILED APR 05, 2001 60 YEAS 51 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN N REITZ N BEAUBIEN N FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK N FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS N MAUTINO Y RYAN N BIGGINS A FRITCHEY Y MAY N RYDER N BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND N GILES Y McCARTHY Y SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG A MENDOZA Y SCULLY Y BROSNAHAN N HARTKE Y MEYER Y SLONE N BRUNSVOLD N HASSERT Y MILLER Y SMITH A BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO A CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS N COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON N HULTGREN Y MORROW N TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN N TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY N NOVAK N WINKEL N CURRY Y KENNER N O'BRIEN N WINTERS N DANIELS Y KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH N DAVIS,STEVE Y KURTZ N PANKAU A YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS N DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 5, 2001] 388 NO. 42 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1914 ELEC-JUDGE RETENTION BALLOT THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
389 [April 5, 2001] NO. 43 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2298 CHILD SUPPORT-HIGH SCHOOL GRAD THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN A HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY A JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 390 NO. 44 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 849 PUB LABOR-SMALL GOV UNITS THIRD READING PASSED APR 05, 2001 70 YEAS 44 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER P BLACK Y GARRETT Y McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT Y MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART N CROSS Y JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER N PERSICO Y MR. SPEAKER A ERWIN N LEITCH E - Denotes Excused Absence
391 [April 5, 2001] NO. 45 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2204 PROFESSNL TCHR STANDARDS BOARD THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER A BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI A HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 392 NO. 46 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 60 CARNIVALS-EMPLOYEE INFO THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
393 [April 5, 2001] NO. 47 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3364 CORP ACCOUNT TAX EXPEND THIRD READING PASSED APR 05, 2001 66 YEAS 48 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER Y BLACK N GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY A SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW A JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER Y O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
[April 5, 2001] 394 NO. 48 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3128 CHLD SUPPORT-STAT CASE REGSTRY THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY A SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE A DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
395 [April 5, 2001] NO. 49 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3188 CIV PRO-QUICK TAKE-VARIOUS THIRD READING PASSED APR 05, 2001 64 YEAS 45 NAYS 5 PRESENT Y ACEVEDO Y FEIGENHOLTZ A LINDNER Y POE N BASSI Y FLOWERS N LYONS,EILEEN N REITZ Y BEAUBIEN P FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK P FOWLER Y MATHIAS Y RUTHERFORD N BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER Y BLACK N GARRETT N McAULIFFE Y SAVIANO N BOLAND Y GILES N McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE A SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA N SCULLY N BROSNAHAN Y HARTKE N MEYER N SLONE Y BRUNSVOLD Y HASSERT P MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER N COULSON N HULTGREN Y MORROW Y TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN Y MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY P KENNER N O'BRIEN N WINTERS Y DANIELS Y KLINGLER N O'CONNOR N WIRSING N DART N KOSEL Y OSMOND N WOJCIK N DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO P MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 396 NO. 50 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2358 LOCAL LEGACY ACT THIRD READING PASSED APR 05, 2001 109 YEAS 5 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER N BLACK A GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY A TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN N LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
397 [April 5, 2001] NO. 51 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3579 ELEC CD-EXPEND PERSONAL FUNDS THIRD READING PASSED APR 05, 2001 93 YEAS 10 NAYS 11 PRESENT P ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND P GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG A BRADLEY P HAMOS P McKEON Y SCOTT Y BRADY Y HANNIG P MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE N BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY P SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS N COLLINS Y HOWARD Y MOORE P STROGER Y COULSON Y HULTGREN P MORROW Y TENHOUSE Y COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY N JONES,LOU Y MYERS Y WAIT P CURRIE Y JONES,SHIRLEY N NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART N KOSEL Y OSMOND A WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ N PANKAU N YOUNGE P DELGADO Y LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 398 NO. 52 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3581 ELEC CD-FOREIGN CONTRIB PROHIB THIRD READING PASSED APR 05, 2001 107 YEAS 5 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND N GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY A HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE N BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND A WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU A YOUNGE N DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
399 [April 5, 2001] NO. 53 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3583 GA NEWSLETTR-PRINT PROHIBIT SECOND READING - AMENDMENT NO. 2 ADOPTED APR 05, 2001 92 YEAS 11 NAYS 11 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS Y LYONS,EILEEN P REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND N GILES P McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS N McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT P MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS P HOWARD Y MOORE P STROGER Y COULSON Y HULTGREN N MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN P TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY P JONES,LOU Y MYERS Y WAIT Y CURRIE P JONES,SHIRLEY Y NOVAK Y WINKEL P CURRY N KENNER N O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND A WOJCIK N DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH P DAVIS,STEVE Y KURTZ Y PANKAU N YOUNGE N DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 400 NO. 54 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3583 GA NEWSLETTR-PRINT PROHIBIT THIRD READING PASSED APR 05, 2001 97 YEAS 5 NAYS 12 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO P RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND N GILES P McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS P McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT P MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS A COLLINS P HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN P MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN P TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY P JONES,LOU Y MYERS Y WAIT Y CURRIE P JONES,SHIRLEY Y NOVAK Y WINKEL P CURRY Y KENNER P O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND A WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH N DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE N DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
401 [April 5, 2001] NO. 55 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1330 THIRD READING PASSED APR 05, 2001 107 YEAS 2 NAYS 7 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO P RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND P GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE N BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO P CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN P MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN P TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE P JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 402 NO. 56 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2382 LIVING WAGE ACT THIRD READING PASSED VERIFIED ROLL CALL APR 05, 2001 60 YEAS 55 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI Y FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN Y FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER N BLACK N GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER Y SLONE Y BRUNSVOLD N HASSERT Y MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK P MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER N COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN Y MURPHY N TURNER,JOHN Y CROTTY Y JONES,LOU N MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
403 [April 5, 2001] NO. 57 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2283 CEMETERIES-LICENSE REQUIREMNTS THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY A RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 404 NO. 58 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1728 PROMPT PAYMENT-TECH THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
405 [April 5, 2001] NO. 59 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3521 GO BONDS-SCHOOL CONSTRUCT PRG THIRD READING PASSED THREE-FIFTHS VOTE REQUIRED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 406 NO. 60 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2138 UNDERGROUND UTILITY DAMAGE THIRD READING PASSED APR 05, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS A KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
407 [April 5, 2001] NO. 61 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3525 HOUSING-TECH THIRD READING PASSED APR 05, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 408 NO. 62 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2531 SHORT-TERM LOAN ACT THIRD READING LOST APR 05, 2001 59 YEAS 42 NAYS 13 PRESENT Y ACEVEDO Y FEIGENHOLTZ P LINDNER N POE N BASSI Y FLOWERS Y LYONS,EILEEN N REITZ N BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER N BELLOCK N FOWLER N MATHIAS N RUTHERFORD Y BERNS P FRANKS Y MAUTINO Y RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER Y BLACK Y GARRETT N McAULIFFE N SAVIANO Y BOLAND Y GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG P McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY N HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE P MEYER Y SLONE P BRUNSVOLD N HASSERT Y MILLER Y SMITH P BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO A CAPPARELLI P HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER Y COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW N JOHNSON Y MULLIGAN Y TURNER,ART N CROSS N JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY P JONES,LOU N MYERS N WAIT Y CURRIE N JONES,SHIRLEY P NOVAK N WINKEL Y CURRY P KENNER P O'BRIEN N WINTERS N DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL N OSMOND N WOJCIK Y DAVIS,MONIQUE N KRAUSE Y OSTERMAN E YARBROUGH A DAVIS,STEVE Y KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG P PARKE N ZICKUS Y DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
409 [April 5, 2001] NO. 63 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2400 NURSING ACT-LICENSURE COMPACT THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI A FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH A DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 410 NO. 64 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 473 MWRD-VETERANS PREFERENCE THIRD READING LOST APR 05, 2001 36 YEAS 66 NAYS 14 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LINDNER N POE N BASSI P FLOWERS N LYONS,EILEEN Y REITZ N BEAUBIEN P FORBY Y LYONS,JOSEPH N RIGHTER N BELLOCK Y FOWLER N MATHIAS N RUTHERFORD N BERNS Y FRANKS N MAUTINO Y RYAN N BIGGINS Y FRITCHEY P MAY N RYDER N BLACK N GARRETT N McAULIFFE N SAVIANO Y BOLAND N GILES Y McCARTHY N SCHMITZ N BOST Y GRANBERG P McGUIRE N SCHOENBERG Y BRADLEY Y HAMOS P McKEON Y SCOTT N BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE N MEYER N SLONE Y BRUNSVOLD N HASSERT P MILLER Y SMITH Y BUGIELSKI N HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN N MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS N COLLINS P HOWARD N MOORE P STROGER N COULSON N HULTGREN P MORROW N TENHOUSE N COWLISHAW N JOHNSON N MULLIGAN P TURNER,ART N CROSS N JONES,JOHN P MURPHY N TURNER,JOHN Y CROTTY P JONES,LOU N MYERS N WAIT N CURRIE P JONES,SHIRLEY Y NOVAK N WINKEL N CURRY P KENNER N O'BRIEN N WINTERS N DANIELS N KLINGLER N O'CONNOR N WIRSING Y DART N KOSEL N OSMOND N WOJCIK N DAVIS,MONIQUE N KRAUSE N OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS N DURKIN N LAWFER N PERSICO Y MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
411 [April 5, 2001] NO. 65 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 618 HORSE RACING-MUST BE AGE 21 THIRD READING LOST APR 05, 2001 50 YEAS 53 NAYS 11 PRESENT N ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE Y BASSI N FLOWERS Y LYONS,EILEEN P REITZ N BEAUBIEN N FORBY N LYONS,JOSEPH Y RIGHTER Y BELLOCK P FOWLER N MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER Y BLACK N GARRETT N McAULIFFE N SAVIANO Y BOLAND P GILES N McCARTHY Y SCHMITZ Y BOST A GRANBERG N McGUIRE N SCHOENBERG N BRADLEY N HAMOS Y McKEON N SCOTT Y BRADY P HANNIG N MENDOZA N SCULLY N BROSNAHAN Y HARTKE N MEYER N SLONE N BRUNSVOLD Y HASSERT P MILLER Y SMITH N BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE N HOFFMAN Y MITCHELL,JERRY N SOTO N CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS N COLLINS P HOWARD Y MOORE N STROGER N COULSON N HULTGREN P MORROW Y TENHOUSE Y COWLISHAW N JOHNSON N MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN N CROTTY N JONES,LOU Y MYERS Y WAIT N CURRIE N JONES,SHIRLEY Y NOVAK Y WINKEL P CURRY N KENNER P O'BRIEN Y WINTERS Y DANIELS Y KLINGLER N O'CONNOR Y WIRSING Y DART N KOSEL Y OSMOND Y WOJCIK P DAVIS,MONIQUE N KRAUSE N OSTERMAN E YARBROUGH N DAVIS,STEVE Y KURTZ N PANKAU N YOUNGE N DELGADO A LANG N PARKE Y ZICKUS Y DURKIN Y LAWFER N PERSICO Y MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 412 NO. 66 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 430 PUBLIC HEALTH-TECH THIRD READING PASSED APR 05, 2001 69 YEAS 42 NAYS 4 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS N LYONS,EILEEN N REITZ Y BEAUBIEN N FORBY N LYONS,JOSEPH Y RIGHTER N BELLOCK N FOWLER Y MATHIAS N RUTHERFORD N BERNS Y FRANKS Y MAUTINO N RYAN N BIGGINS Y FRITCHEY Y MAY N RYDER Y BLACK Y GARRETT N McAULIFFE Y SAVIANO Y BOLAND Y GILES N McCARTHY N SCHMITZ N BOST A GRANBERG N McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT N BRADY N HANNIG Y MENDOZA Y SCULLY N BROSNAHAN N HARTKE N MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH N BUGIELSKI Y HOEFT N MITCHELL,BILL N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO N CAPPARELLI Y HOLBROOK N MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON N HULTGREN Y MORROW N TENHOUSE N COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS N JONES,JOHN P MURPHY Y TURNER,JOHN Y CROTTY P JONES,LOU N MYERS N WAIT Y CURRIE P JONES,SHIRLEY Y NOVAK N WINKEL Y CURRY Y KENNER Y O'BRIEN N WINTERS Y DANIELS Y KLINGLER Y O'CONNOR N WIRSING Y DART Y KOSEL Y OSMOND N WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ N PANKAU Y YOUNGE Y DELGADO Y LANG N PARKE N ZICKUS Y DURKIN N LAWFER Y PERSICO P MR. SPEAKER Y ERWIN N LEITCH E - Denotes Excused Absence
413 [April 5, 2001] NO. 67 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3131 HUMAN SERVICES-OBSOLETE ITEMS THIRD READING PASSED APR 05, 2001 114 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER Y POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK Y FOWLER Y MATHIAS Y RUTHERFORD Y BERNS Y FRANKS Y MAUTINO Y RYAN Y BIGGINS Y FRITCHEY Y MAY Y RYDER Y BLACK Y GARRETT Y McAULIFFE Y SAVIANO Y BOLAND Y GILES Y McCARTHY Y SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY Y HANNIG Y MENDOZA Y SCULLY Y BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD Y MOORE Y STROGER Y COULSON Y HULTGREN A MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN A TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS Y WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS Y KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ Y PANKAU Y YOUNGE Y DELGADO Y LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
[April 5, 2001] 414 NO. 68 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 325 SCH REORGANIZATION-CONSTRCTION THIRD READING PASSED APR 05, 2001 96 YEAS 20 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LINDNER N POE Y BASSI Y FLOWERS Y LYONS,EILEEN Y REITZ Y BEAUBIEN N FORBY Y LYONS,JOSEPH Y RIGHTER Y BELLOCK N FOWLER Y MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN Y BIGGINS Y FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO N BOLAND Y GILES N McCARTHY N SCHMITZ Y BOST Y GRANBERG Y McGUIRE Y SCHOENBERG Y BRADLEY Y HAMOS Y McKEON Y SCOTT Y BRADY N HANNIG Y MENDOZA Y SCULLY N BROSNAHAN Y HARTKE Y MEYER Y SLONE Y BRUNSVOLD Y HASSERT Y MILLER Y SMITH Y BUGIELSKI Y HOEFT N MITCHELL,BILL Y SOMMER Y BURKE N HOFFMAN Y MITCHELL,JERRY Y SOTO Y CAPPARELLI N HOLBROOK Y MOFFITT E STEPHENS Y COLLINS Y HOWARD N MOORE Y STROGER Y COULSON Y HULTGREN Y MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON Y MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN Y MURPHY Y TURNER,JOHN Y CROTTY Y JONES,LOU Y MYERS N WAIT Y CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY Y KENNER Y O'BRIEN Y WINTERS Y DANIELS N KLINGLER Y O'CONNOR Y WIRSING Y DART Y KOSEL Y OSMOND Y WOJCIK Y DAVIS,MONIQUE Y KRAUSE Y OSTERMAN E YARBROUGH Y DAVIS,STEVE Y KURTZ N PANKAU Y YOUNGE Y DELGADO N LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO Y MR. SPEAKER Y ERWIN Y LEITCH E - Denotes Excused Absence
415 [April 5, 2001] NO. 69 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3073 VEH CD-SIZE-WEIGHT-LOAD PERMIT THIRD READING PASSED APR 05, 2001 62 YEAS 51 NAYS 2 PRESENT N ACEVEDO N FEIGENHOLTZ Y LINDNER Y POE N BASSI N FLOWERS A LYONS,EILEEN Y REITZ Y BEAUBIEN Y FORBY Y LYONS,JOSEPH Y RIGHTER N BELLOCK Y FOWLER N MATHIAS Y RUTHERFORD Y BERNS N FRANKS Y MAUTINO N RYAN N BIGGINS N FRITCHEY N MAY Y RYDER Y BLACK N GARRETT Y McAULIFFE Y SAVIANO Y BOLAND N GILES N McCARTHY N SCHMITZ Y BOST Y GRANBERG N McGUIRE N SCHOENBERG P BRADLEY N HAMOS N McKEON N SCOTT Y BRADY Y HANNIG N MENDOZA Y SCULLY N BROSNAHAN Y HARTKE N MEYER N SLONE Y BRUNSVOLD Y HASSERT N MILLER Y SMITH Y BUGIELSKI Y HOEFT Y MITCHELL,BILL Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,JERRY N SOTO Y CAPPARELLI Y HOLBROOK Y MOFFITT E STEPHENS N COLLINS N HOWARD N MOORE N STROGER N COULSON N HULTGREN N MORROW Y TENHOUSE Y COWLISHAW Y JOHNSON N MULLIGAN Y TURNER,ART Y CROSS Y JONES,JOHN P MURPHY Y TURNER,JOHN N CROTTY Y JONES,LOU Y MYERS Y WAIT N CURRIE Y JONES,SHIRLEY Y NOVAK Y WINKEL Y CURRY N KENNER Y O'BRIEN Y WINTERS N DANIELS Y KLINGLER Y O'CONNOR Y WIRSING N DART N KOSEL Y OSMOND N WOJCIK N DAVIS,MONIQUE N KRAUSE N OSTERMAN E YARBROUGH Y DAVIS,STEVE N KURTZ Y PANKAU N YOUNGE N DELGADO N LANG Y PARKE Y ZICKUS Y DURKIN Y LAWFER Y PERSICO N MR. SPEAKER N ERWIN Y LEITCH E - Denotes Excused Absence