STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
65TH LEGISLATIVE DAY
THURSDAY, MAY 24, 2001
1:30 O'CLOCK P.M.
NO. 65
[May 24, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 65th Legislative Day Action Page(s) Adjournment........................................ 128 Change of Sponsorship.............................. 94 Committee on Rules Referrals....................... 5 Fiscal Note Requested.............................. 6 Fiscal Note Supplied............................... 6 Introduction and First Reading - HB3627-3627....... 94 Quorum Roll Call................................... 4 Recess............................................. 118 State Debt Impact Note Requested................... 6 State Debt Impact Note Supplied.................... 7 State Mandates Note Requested...................... 6 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0263 Senate Message - Passage w/ SA..................... 83 HB 0279 Motion Submitted................................... 5 HB 0446 Committee Report - Concur in SA.................... 92 HB 0446 Concurrence in Senate Amendment/s.................. 118 HB 0789 Motion Submitted................................... 6 HB 1011 Committee Report - Concur in SA.................... 4 HB 1011 Concurrence in Senate Amendment/s.................. 120 HB 1069 Committee Report - Concur in SA.................... 4 HB 1096 Committee Report - Concur in SA.................... 90 HB 1096 Concurrence in Senate Amendment/s.................. 119 HB 1277 Committee Report - Concur in SA.................... 93 HB 1277 Concurrence in Senate Amendment/s.................. 119 HB 1655 Motion Submitted................................... 5 HB 1655 Senate Message - Passage w/ SA..................... 90 HB 1692 Committee Report - Concur in SA.................... 91 HB 1810 Concurrence in Senate Amendment/s.................. 119 HB 2157 Motion Submitted................................... 5 HB 2157 Senate Message - Passage w/ SA..................... 22 HB 2265 Committee Report - Concur in SA.................... 4 HB 2277 Motion Submitted................................... 5 HB 2367 Motion Submitted................................... 5 HB 2367 Senate Message - Passage w/ SA..................... 40 HB 2370 Second Reading - Amendment/s....................... 112 HB 2380 Motion Submitted................................... 5 HB 2698 Second Reading..................................... 111 HB 2698 Third Reading...................................... 111 HB 2917 Senate Message - Conference Committee Appointed.... 10 HB 3055 Committee Report - Concur in SA.................... 90 HB 3055 Concurrence in Senate Amendment/s.................. 120 HB 3143 Committee Report................................... 93 HB 3143 Second Reading - Amendment/s....................... 123 HB 3288 Committee Report - Concur in SA.................... 93 HB 3576 Committee Report - Concur in SA.................... 4 HJR 0039 Committee Report................................... 92 HJR 0045 Resolution......................................... 126 HJR 0046 Resolution......................................... 127 HR 0304 Committee Report................................... 90 HR 0326 Committee Report................................... 90 HR 0333 Committee Report................................... 90 HR 0367 Agreed Resolution.................................. 94 HR 0368 Agreed Resolution.................................. 95 HR 0369 Agreed Resolution.................................. 95
3 [May 24, 2001] Bill Number Legislative Action Page(s) HR 0370 Resolution......................................... 108 HR 0371 Agreed Resolution.................................. 96 HR 0372 Resolution......................................... 109 HR 0373 Agreed Resolution.................................. 97 HR 0374 Resolution......................................... 110 HR 0375 Agreed Resolution.................................. 98 HR 0376 Agreed Resolution.................................. 99 HR 0377 Agreed Resolution.................................. 100 HR 0378 Agreed Resolution.................................. 100 HR 0379 Agreed Resolution.................................. 101 HR 0381 Adoption........................................... 111 HR 0381 Agreed Resolution.................................. 102 HR 0382 Agreed Resolution.................................. 102 HR 0383 Agreed Resolution.................................. 103 HR 0384 Agreed Resolution.................................. 104 HR 0385 Resolution......................................... 123 HR 0386 Agreed Resolution.................................. 104 HR 0387 Resolution......................................... 124 HR 0388 Resolution......................................... 125 HR 0389 Agreed Resolution.................................. 105 HR 0390 Resolution......................................... 126 HR 0391 Agreed Resolution.................................. 106 HR 0392 Agreed Resolution.................................. 106 HR 0393 Agreed Resolution.................................. 107 HR 0394 Agreed Resolution.................................. 108 SB 0003 Motion Submitted................................... 6 SB 0022 Motion Submitted................................... 5 SB 0022 Motion Submitted................................... 5 SB 0075 Committee Report-Floor Amendment/s................. 93 SB 0076 Motion Submitted................................... 6 SB 0188 Committee Report................................... 91 SB 0188 Second Reading - Amendment/s....................... 123 SB 0263 Committee Report-Floor Amendment/s................. 92 SB 0265 Motion Submitted................................... 6 SB 0273 Senate Message - Refuse to Concur.................. 10 SB 0713 Motion Submitted................................... 6 SB 0754 Second Reading - Amendment/s....................... 120 SB 0839 Motion Submitted................................... 6 SB 0933 Third Reading...................................... 112 SB 1080 Motion Submitted................................... 6 SB 1283 Recall............................................. 112 SB 1284 Third Reading...................................... 119 SB 1493 Third Reading...................................... 112 SB 2370 Third Reading...................................... 118 SJR 0028 Senate Message..................................... 12
[May 24, 2001] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor DeWayne Taylor of the Dorrisville Church in Harrisburg, Illinois. Representative Fowler 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 John Jones, Jerry Mitchell and Sommer 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 John Jones, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Lindner replaced Representative Bassi, and Representative Tenhouse replaced Representative Jerry Mitchell in the Committee on Elementary & Secondary Education on May 23, 2001. Representative Wirsing replaced Representative Pankau, Representative Leitch replaced Representative Biggins, Representative John Turner replaced Representative Pankau, and Representative Osmond replaced Representative Beaubien in the Committee on Executive on May 23, 2001. Representative Kosel replaced Representative Bost in the Committee on Higher Education on May 23, 2001. Representative Coulson replaced Representative Wirsing in the Committee on Human Services on May 23, 2001. Representative Wojcik replaced Representative Beaubien in the Committee on Revenue on May 23, 2001. Representative Parke replaced Representative Durkin in the Committee on Cities & Villages on May 22, 2001. Representative Jerry Mitchell replaced Representative John Jones in the Committee on Transportation & Motor Vehicles on May 22, 2001. Representative Bost replaced Representative Durkin in the Committee on Personnel & Pensions on May 22, 2001. 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 Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1011. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1069. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2265. Motion to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 3576. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder Y Hannig N Tenhouse, Spkpn
5 [May 24, 2001] 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 Constitutional Officers: Motion to concur in Senate Amendment 1 to HOUSE BILL 1907. Committee on Revenue: HOUSE RESOLUTION 315. MOTIONS SUBMITTED Representative Black submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 18(g), I move to discharge the Committee on Rules from further consideration of Amendment No. 6 to SENATE BILL 22 and advance to the floor for consideration. Representative Currie submitted the following written motion, which was placed in the Committee on Rules: MOTION I move to table Amendment No. 1 to SENATE BILL 22. JOINT ACTION MOTIONS SUBMITTED Representative Giles submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 279. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1655. Representative Crotty submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2157. Representative Moore submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2277. Representative Smith submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2367. Representative Schmitz submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 3 to HOUSE BILL 2380. Representative McCarthy submitted the following written motion,
[May 24, 2001] 6 which was placed on the Calendar on the order of Concurrence: MOTION #2 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 789. JOINT ACTION MOTIONS SUBMITTED Representative Rutherford submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to recede from House Amendment No. 1 to SENATE BILL 76. Representative Hoffman submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to recede from House Amendments numbered 1 and 2 to SENATE BILL 265. Representative Bost submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to recede from House Amendments numbered 1, 2 and 3 to SENATE BILL 839. Representative Dart submitted the following written motion, which was placed on the Calendar on the order of Non-concurrence: MOTION #1 I move to refuse to recede from House Amendments numbered 1 and 2 to SENATE BILL 3 Representative O'Brien submitted the following written motion, which was placed on the Calendar on the order of Non-concurrence: MOTION #1 I move to refuse to recede from House Amendment No. 1 to SENATE BILL 713 Representative Hoffman submitted the following written motion, which was placed on the Calendar on the order of Non-concurrence: MOTION #1 I move to refuse to recede from House Amendment No. 1 to SENATE BILL 1080 REQUEST FOR FISCAL NOTE Representative Rutherford requested that a Fiscal Note be supplied for HOUSE BILL 3143, as amended. Representative Black requested that a Fiscal Note be supplied for SENATE BILL 754, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for HOUSE BILL 3143, as amended. Representative Monique Davis withdrew his request for a Fiscal Note on SENATE BILL 263. REQUEST FOR STATE MANDATES NOTE Representative Rutherford requested that a State Mandates Note be supplied for HOUSE BILL 3143, as amended. REQUEST FOR STATE DEBT IMPACT NOTE
7 [May 24, 2001] Representative Rutherford requested that a State Debt Impact Note be supplied for HOUSE BILL 3143, as amended. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for HOUSE BILL 3143, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 95 A bill for AN ACT in relation to plats. House Amendment No. 1 to SENATE BILL NO. 95. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 281 A bill for AN ACT concerning wages. House Amendment No. 1 to SENATE BILL NO. 281. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 406 A bill for AN ACT in relation to higher education student assistance. House Amendment No. 1 to SENATE BILL NO. 406. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate
[May 24, 2001] 8 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 417 A bill for AN ACT in relation to alcoholic liquor. House Amendment No. 1 to SENATE BILL NO. 417. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 539 A bill for AN ACT regarding taxes. House Amendment No. 1 to SENATE BILL NO. 539. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 725 A bill for AN ACT concerning business organizations. House Amendment No. 1 to SENATE BILL NO. 725. House Amendment No. 2 to SENATE BILL NO. 725. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 915 A bill for AN ACT concerning park districts.
9 [May 24, 2001] House Amendment No. 2 to SENATE BILL NO. 915. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1329 A bill for AN ACT regarding emergency medical services. House Amendment No. 1 to SENATE BILL NO. 1329. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1522 A bill for AN ACT concerning State government. House Amendment No. 1 to SENATE BILL NO. 1522. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL 1276 A bill for AN ACT in relation to pharmaceutical assistance. House Amendment No. 1 to Senate Bill No. 1276. House Amendment No. 2 to Senate Bill No. 1276. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to
[May 24, 2001] 10 concur in House Amendments numbered 1 and 2 to SENATE BILL 1276 was placed on the Calendar on the order of Non-Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 2917 A bill for AN ACT concerning redistricting. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Philip, Dillard, Klemm; E. Jones and Demuzio. Action taken by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate Representative Madigan moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 2917. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Madigan, Art Turner, Holbrook; Tenhouse and Cross. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 28 WHEREAS, The State Board of Education has filed its Report on Waiver of School Code Mandates, dated April 30, 2001, with the Senate, the House of Representatives, and the Secretary of State of Illinois as required by Section 2-3.25g of the School Code; and WHEREAS, We are disapproving school district requests for waivers relating to substitute certificates because Senate Bill 1293 and House Bill 2425 relate to substitute certificates and have passed both houses of this General Assembly; and WHEREAS, Many members of the General Assembly recognize the need to re-evaluate the State's student assessment programs and the Senate will be conducting hearings regarding this subject in the next few months, it is strongly encouraged that the waiver request regarding Assessments - Prairie State Achievement Examination be re-submitted for consideration in the Fall 2001 waiver request; 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 each of the school district waiver requests identified below by school district name and by the identifying number and subject area of
11 [May 24, 2001] the waiver request as summarized in the report filed by the State Board of Education is disapproved: (1) Mundelein ESD 75 - Lake, WM 100-1652, substitute certificates; (2) Geneseo CUSD 228 - Henry, WM 100-1657, substitute certificates; (3) Hawthorn CCSD 73 - Lake, WM 100-1658, substitute certificates; (4) Lake Villa CCSD 41 - Lake, WM 100-1667, substitute certificates; (5) Harvard CUSD 50 - McHenry, WM 100-1668, substitute certificates; (6) Sparta CUSD 140 - Randolph, WM 100-1676, substitute certificates; (7) Barrington CUSD 220 - Lake, WM 100-1683, substitute certificates; (8) Niles Community THSD 219 - Cook, WM 100-1695, substitute certificates; (9) Chenoa CUSD 9 - McLean, WM 100-1704-2, substitute certificates; (10) Forest Ridge SD 142 - Cook, WM 100-1713, substitute certificates; (11) Sandwich CUSD 430 - DeKalb, WM 100-1723, substitute certificates; (12) East Prairie SD 73 - Cook, WM 100-1739, substitute certificates; (13) Golf ESD 67 - Cook, WM 100-1755-1, substitute certificates; (14) Burbank SD 111 - Cook, WM 100-1778, substitute certificates; (15) Lemont-Bromberek CSD 113A - Cook, WM 100-1779, substitute certificates; (16) Highland Park THSD 113 - Lake, WM 100-1780, substitute certificates; (17) Johnsburg CUSD 12 - McHenry, WM 100-1781-1, substitute certificates; (18) Meridian CUSD 15 - Macon, WM 100-1786-2, substitute certificates; (19) Mt. Carroll CUD 304 - Carroll, WM 100-1788, substitute certificates; (20) Woodland CCSD 50 - Lake, WM 100-1800, substitute certificates; (21) Century CUSD 100 - Pulaski, WM 100-1809, substitute certificates; (22) Huntley CSD 158 - McHenry, WM 100-1817-3, substitute certificates; (23) Lyons SD 103 - Cook, WM 100-1824, substitute certificates; (24) River Grove SD 85.5 - Cook, WM 100-1825, substitute certificates; (25) Glenview CCSD 34 - Cook, WM 100-1826-1, substitute certificates; (26) Cary CCSD 26 - McHenry, WM 100-1832, substitute certificates; (27) Cass SD 63 - DuPage, WM 100-1833, substitute certificates; (28) McHenry CHSD 156 - McHenry, WM 100-1846, substitute certificates; (29) Waterloo CUSD 5 - Monroe, WM 100-1848, substitute certificates;
[May 24, 2001] 12 (30) Oak Park ESD 97 - Cook, WM 100-1856, substitute certificates; (31) Brooklyn UD 188 - St. Clair, WM 100-1857-1, substitute certificates; (32) Wauconda CUSD 118 - Lake, WM 100-1877, substitute certificates; (33) Athens CUSD 213 - Menard, WM 100-1645-1, physical education; (34) Decatur SD 61 - Macon, WM 100-1837, physical education; and (35) Antioch CHSD 117 - Lake, WM 100-1758-3, assessment - Prairie State Achievement Examination. Adopted by the Senate, May 24, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 28 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 concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2157 A bill for AN ACT in relation to public employee benefits. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2157. Passed the Senate, as amended, May 24, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2157 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 16-106, 16-118, 16-129.1, 17-106, 17-116.3, 17-116.4, 17-119.1, 17-121, and 17-149 as follows: (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106) Sec. 16-106. Teacher. "Teacher": The following individuals, provided that, for employment prior to July 1, 1990, they are employed on a full-time basis, or if not full-time, on a permanent and continuous basis in a position in which services are expected to be rendered for at least one school term: (1) Any educational, administrative, professional or other staff employed in the public common schools included within this system in a position requiring certification under the law governing the certification of teachers; (2) Any educational, administrative, professional or other staff employed in any facility of the Department of Children and
13 [May 24, 2001] Family Services or the Department of Human Services, in a position requiring certification under the law governing the certification of teachers, and any person who (i) works in such a position for the Department of Corrections, (ii) was a member of this System on May 31, 1987, and (iii) did not elect to become a member of the State Employees' Retirement System pursuant to Section 14-108.2 of this Code; (3) Any regional superintendent of schools, assistant regional superintendent of schools, State Superintendent of Education; any person employed by the State Board of Education as an executive; any executive of the boards engaged in the service of public common school education in school districts covered under this system of which the State Superintendent of Education is an ex-officio member; (4) Any employee of a school board association operating in compliance with Article 23 of the School Code who is certificated under the law governing the certification of teachers; (5) Any person employed by the retirement system who: (i) was an employee of and a participant in the system on the effective date of this amendatory Act of the 92nd General Assembly, or (ii) becomes an employee of the system on or after the effective date of this amendatory Act of the 92nd General Assembly;
[May 24, 2001] 14 Sec. 16-118. Retirement. "Retirement": Entry upon a retirement annuity or receipt of a single-sum retirement benefit granted under this Article after termination of active service as a teacher. An annuitant receiving a retirement annuity other than a disability retirement annuity may accept employment as a teacher from a school board or other employer specified in Section 16-106 without impairing retirement status if that employment: (1) is not within the school year during which service was terminated; and (2) does not exceed 100 paid days or 500 paid hours in any school year (during the period beginning July 1, 2001 through June 30, 2006, 120 paid days or 600 paid hours in each school year). Where such permitted employment is partly on a daily and partly on an hourly basis, a day shall be considered as 5 hours. (Source: P.A. 86-273; 87-11; 87-794; 87-895.) (40 ILCS 5/16-129.1) Sec. 16-129.1. Optional increase in retirement annuity. (a) A member of the System may qualify for the augmented rate under subdivision (a)(B)(1) of Section 16-133 for all years of creditable service earned before July 1, 1998 by making the optional contribution specified in subsection (b). A member may not elect to qualify for the augmented rate for only a portion of his or her creditable service earned before July 1, 1998. (b) The contribution shall be an amount equal to 1.0% of the member's highest salary rate in the 4 consecutive school years immediately prior to but not including the school year in which the application occurs, multiplied by the number of years of creditable service earned by the member before July 1, 1998 or 20, whichever is less. This contribution shall be reduced by 1.0% of that salary rate for every 3 full years of creditable service earned by the member after June 30, 1998. The contribution shall be further reduced at the rate of 25% of the contribution (as reduced for service after June 30, 1998) for each year of the member's total creditable service in excess of 34 years. The contribution shall not in any event exceed 20% of that salary rate. The member shall pay to the System 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 System determines that the amount paid by the member exceeds the recalculated amount, the System 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 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 subsection (b) of Section 16-154; (iii) if the member becomes an annuitant before June 30, 2003, in substantially equal monthly installments over a 24-month period, by reducing the annuitant's monthly benefit over a 24-month period by the amount of the otherwise applicable contribution. For federal and Illinois tax purposes, the monthly amount by which the annuitant's benefit is reduced shall not be treated as a contribution by the annuitant, but rather as a reduction of 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,
15 [May 24, 2001] together with regular interest thereon, shall be refunded to the member's designated beneficiary for benefits under Section 16-138. (d) For purposes of this Section and subdivision (a)(B)(1) of Section 16-133, 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 System. (e) The contributions required under this Section are the responsibility of the teacher and not the teacher's employer. However, an employer of teachers may, after the effective date of this amendatory Act of 1998, specifically agree, through collective bargaining or otherwise, to make the contributions required by this Section on behalf of those teachers. (f) A person who, on or after July 1, 1998 and before June 4, 1999, began receiving a retirement annuity calculated at the augmented rate may apply in writing to have the annuity recalculated to reflect the changes to this Section and Section 16-133 that were enacted in Public Act 91-17. The amount of any resulting decrease in the optional contribution shall be refunded to the annuitant, without interest. Any resulting increase in retirement annuity shall take effect on the next annuity payment date following the date of application under this subsection. (Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99.) (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106) Sec. 17-106. Contributor, member or teacher. "Contributor", "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
[May 24, 2001] 16 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, 1993, 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 August 15, 1993, a written application requesting the benefits provided in this Section and a notice of resignation from employment, which resignation must take effect before September 1, 1993 unless the applicant's retirement is delayed under subsection (e), (f), or (f-5) 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, 1993 and no later than September 1, 1993 or the date established under subsection (e), (f), or (f-5) of this Section, if applicable; (5) have attained age 50 (without the use of any age enhancement or creditable service received under this Section) by the effective date of the retirement pension; (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
17 [May 24, 2001] 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 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
[May 24, 2001] 18 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 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
19 [May 24, 2001] 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, 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.
[May 24, 2001] 20 (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 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
21 [May 24, 2001] 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,
[May 24, 2001] 22 school year or on an hourly basis shall be entitled, at the end of the 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
23 [May 24, 2001] Passed the Senate, as amended, May 24, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2367 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 7-132, 7-139, 7-146, 7-151, 7-152, 7-166, 7-172, 15-148, and 15-154 as follows: (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132) Sec. 7-132. Municipalities, instrumentalities and participating instrumentalities included and effective dates. (A) Municipalities and their instrumentalities. (a) The following described municipalities, but not including any with more than 1,000,000 inhabitants, and the instrumentalities thereof, shall be included within and be subject to this Article beginning upon the effective dates specified by the Board: (1) Except as to the municipalities and instrumentalities thereof specifically excluded under this Article, every county shall be subject to this Article, and all cities, villages and incorporated towns having a population in excess of 5,000 inhabitants as determined by the last preceding decennial or subsequent federal census, shall be subject to this Article following publication of the census by the Bureau of the Census. Within 90 days after publication of the census, the Board shall notify any municipality that has become subject to this Article as a result of that census, and shall provide information to the corporate authorities of the municipality explaining the duties and consequences of participation. The notification shall also include a proposed date upon which participation by the municipality will commence. However, for any city, village or incorporated town that attains a population over 5,000 inhabitants after having provided social security coverage for its employees under the Social Security Enabling Act, participation under this Article shall not be mandatory but may be elected in accordance with subparagraph (3) or (4) of this paragraph (a), whichever is applicable. (2) School districts, other than those specifically excluded under this Article, shall be subject to this Article, without election, with respect to all employees thereof. (3) Towns and all other bodies politic and corporate which are formed by vote of, or are subject to control by, the electors in towns and are located in towns which are not participating municipalities on the effective date of this Act, may become subject to this Article by election pursuant to Section 7-132.1. (4) Any other municipality (together with its instrumentalities), other than those specifically excluded from participation and those described in paragraph (3) above, may elect to be included either by referendum under Section 7-134 or by the adoption of a resolution or ordinance by its governing body. A copy of such resolution or ordinance duly authenticated and certified by the clerk of the municipality or other appropriate official of its governing body shall constitute the required notice to the board of such action. (b) A municipality that is about to begin participation shall submit to the Board an application to participate, in a form acceptable to the Board, not later than 90 days prior to the proposed effective date of participation. The Board shall act upon the application within
[May 24, 2001] 24 90 days, and if it finds that the application is in conformity with its requirements and the requirements of this Article, participation by the applicant shall commence on a date acceptable to the municipality and specified by the Board, but in no event more than one year from the date of application. (c) A participating municipality which succeeds to the functions of a participating municipality which is dissolved or terminates its existence shall assume and be transferred the net accumulation balance in the municipality reserve and the municipality account receivable balance of the terminated municipality. (d) In the case of a Veterans Assistance Commission whose employees were being treated by the Fund on January 1, 1990 as employees of the county served by the Commission, the Fund may continue to treat the employees of the Veterans Assistance Commission as county employees for the purposes of this Article, unless the Commission becomes a participating instrumentality in accordance with subsection (B) of this Section. (B) Participating instrumentalities. (a) The participating instrumentalities designated in paragraph (b) of this subsection shall be included within and be subject to this Article if: (1) an application to participate, in a form acceptable to the Board and adopted by a two-thirds vote of the governing body, is presented to the Board not later than 90 days prior to the proposed effective date; and (2) the Board finds that the application is in conformity with its requirements, that the applicant has reasonable expectation to continue as a political entity for a period of at least 10 years and has the prospective financial capacity to meet its current and future obligations to the Fund, and that the actuarial soundness of the Fund may be reasonably expected to be unimpaired by approval of participation by the applicant. The Board shall notify the applicant of its findings within 90 days after receiving the application, and if the Board approves the application, participation by the applicant shall commence on the effective date specified by the Board. (b) The following participating instrumentalities, so long as they meet the requirements of Section 7-108 and the area served by them or within their jurisdiction is not located entirely within a municipality having more than one million inhabitants, may be included hereunder: i. Township School District Trustees. ii. Multiple County and Consolidated Health Departments created under Division 5-25 of the Counties Code or its predecessor law. iii. Public Building Commissions created under the Public Building Commission Act, and located in counties of less than 1,000,000 inhabitants. iv. A multitype, consolidated or cooperative library system created under the Illinois Library System Act. Any library system created under the Illinois Library System Act that has one or more predecessors that participated in the Fund may participate in the Fund upon application. The Board shall establish procedures for implementing the transfer of rights and obligations from the predecessor system to the successor system. v. Regional Planning Commissions created under Division 5-14 of the Counties Code or its predecessor law. vi. Local Public Housing Authorities created under the Housing Authorities Act, located in counties of less than 1,000,000 inhabitants. vii. Illinois Municipal League.
25 [May 24, 2001] viii. Northeastern Illinois Metropolitan Area Planning Commission. ix. Southwestern Illinois Metropolitan Area Planning Commission. x. Illinois Association of Park Districts. xi. Illinois Supervisors, County Commissioners and Superintendents of Highways Association. xii. Tri-City Regional Port District. xiii. An association, or not-for-profit corporation, membership in which is authorized under Section 85-15 of the Township Code. xiv. Drainage Districts operating under the Illinois Drainage Code. xv. Local mass transit districts created under the Local Mass Transit District Act. xvi. Soil and water conservation districts created under the Soil and Water Conservation Districts Law. xvii. Commissions created to provide water supply or sewer services or both under Division 135 or Division 136 of Article 11 of the Illinois Municipal Code. xviii. Public water districts created under the Public Water District Act. xix. Veterans Assistance Commissions established under Section 9 of the Military Veterans Assistance Act that serve counties with a population of less than 1,000,000. xx. The governing body of an entity, other than a vocational education cooperative, created under an intergovernmental cooperative agreement established between participating municipalities under the Intergovernmental Cooperation Act, which by the terms of the agreement is the employer of the persons performing services under the agreement under the usual common law rules determining the employer-employee relationship. The governing body of such an intergovernmental cooperative entity established prior to July 1, 1988 may make participation retroactive to the effective date of the agreement and, if so, the effective date of participation shall be the date the required application is filed with the fund. If any such entity is unable to pay the required employer contributions to the fund, then the participating municipalities shall make payment of the required contributions and the payments shall be allocated as provided in the agreement or, if not so provided, equally among them. xxi. The Illinois Municipal Electric Agency. xxii. The Waukegan Port District. xxiii. The Fox Waterway Agency created under the Fox Waterway Agency Act. xxiv. The Illinois Municipal Gas Agency. xxv. The Kaskaskia Regional Port District. xxvi. The Southwestern Illinois Development Authority. (c) The governing boards of special education joint agreements created under Section 10-22.31 of the School Code without designation of an administrative district shall be included within and be subject to this Article as participating instrumentalities when the joint agreement becomes effective. However, the governing board of any such special education joint agreement in effect before September 5, 1975 shall not be subject to this Article unless the joint agreement is modified by the school districts to provide that the governing board is subject to this Article, except as otherwise provided by this Section. The governing board of the Special Education District of Lake County shall become subject to this Article as a participating instrumentality on July 1, 1997. Notwithstanding subdivision (a)1 of
[May 24, 2001] 26 Section 7-139, on the effective date of participation, employees of the governing board of the Special Education District of Lake County shall receive creditable service for their prior service with that employer, up to a maximum of 5 years, without any employee contribution. Employees may establish creditable service for the remainder of their prior service with that employer, if any, by applying in writing and paying an employee contribution in an amount determined by the Fund, based on the employee contribution rates in effect at the time of application for the creditable service and the employee's salary rate on the effective date of participation for that employer, plus interest at the effective rate from the date of the prior service to the date of payment. Application for this creditable service must be made before July 1, 1998; the payment may be made at any time while the employee is still in service. The employer may elect to make the required contribution on behalf of the employee. The governing board of a special education joint agreement created under Section 10-22.31 of the School Code for which an administrative district has been designated, if there are employees of the cooperative educational entity who are not employees of the administrative district, may elect to participate in the Fund and be included within this Article as a participating instrumentality, subject to such application procedures and rules as the Board may prescribe. The Boards of Control of cooperative or joint educational programs or projects created and administered under Section 3-15.14 of the School Code, whether or not the Boards act as their own administrative district, shall be included within and be subject to this Article as participating instrumentalities when the agreement establishing the cooperative or joint educational program or project becomes effective. The governing board of a special education joint agreement entered into after June 30, 1984 and prior to September 17, 1985 which provides for representation on the governing board by less than all the participating districts shall be included within and subject to this Article as a participating instrumentality. Such participation shall be effective as of the date the joint agreement becomes effective. The governing boards of educational service centers established under Section 2-3.62 of the School Code shall be included within and subject to this Article as participating instrumentalities. The governing boards of vocational education cooperative agreements created under the Intergovernmental Cooperation Act and approved by the State Board of Education shall be included within and be subject to this Article as participating instrumentalities. If any such governing boards or boards of control are unable to pay the required employer contributions to the fund, then the school districts served by such boards shall make payment of required contributions as provided in Section 7-172. The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the total number of students in average attendance for such period for all districts served. If such educational service centers, vocational education cooperatives or cooperative or joint educational programs or projects created and administered under Section 3-15.14 of the School Code are dissolved, the assets and obligations shall be distributed among the districts in the same proportions unless otherwise provided. (d) The governing boards of special recreation joint agreements created under Section 8-10b of the Park District Code, operating without designation of an administrative district or an administrative municipality appointed to administer the program operating under the authority of such joint agreement shall be included within and be subject to this Article as participating instrumentalities when the
27 [May 24, 2001] joint agreement becomes effective. However, the governing board of any such special recreation joint agreement in effect before January 1, 1980 shall not be subject to this Article unless the joint agreement is modified, by the districts and municipalities which are parties to the agreement, to provide that the governing board is subject to this Article. If the Board returns any employer and employee contributions to any employer which erroneously submitted such contributions on behalf of a special recreation joint agreement, the Board shall include interest computed from the end of each year to the date of payment, not compounded, at the rate of 7% per annum. (e) Each multi-township assessment district, the board of trustees of which has adopted this Article by ordinance prior to April 1, 1982, shall be a participating instrumentality included within and subject to this Article effective December 1, 1981. The contributions required under Section 7-172 shall be included in the budget prepared under and allocated in accordance with Section 2-30 of the Property Tax Code. (f) Beginning January 1, 1992, each prospective participating municipality or participating instrumentality shall pay to the Fund the cost, as determined by the Board, of a study prepared by the Fund or its actuary, detailing the prospective costs of participation in the Fund to be expected by the municipality or instrumentality. (Source: P.A. 89-162, eff. 7-19-95; 90-511, eff. 8-22-97.) (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139) Sec. 7-139. Credits and creditable service to employees. (a) Each participating employee shall be granted credits and creditable service, for purposes of determining the amount of any annuity or benefit to which he or a beneficiary is entitled, as follows: 1. For prior service: Each participating employee who is an employee of a participating municipality or participating instrumentality on the effective date shall be granted creditable service, but no credits under paragraph 2 of this subsection (a), for periods of prior service for which credit has not been received under any other pension fund or retirement system established under this Code, as follows: If the effective date of participation for the participating municipality or participating instrumentality is on or before January 1, 1998, creditable service shall be granted for the entire period of prior service with that employer without any employee contribution. If the effective date of participation for the participating municipality or participating instrumentality is after January 1, 1998, creditable service shall be granted for the last 20% of the period of prior service with that employer, but no more than 5 years, without any employee contribution. A participating employee may establish creditable service for the remainder of the period of prior service with that employer by making an application in writing, accompanied by payment of an employee contribution in an amount determined by the Fund, based on the employee contribution rates in effect at the time of application for the creditable service and the employee's salary rate on the effective date of participation for that employer, plus interest at the effective rate from the date of the prior service to the date of payment. Application for this creditable service may be made at any time while the employee is still in service. Any person who has withdrawn from the service of a participating municipality or participating instrumentality prior to the effective date, who reenters the service of the same municipality or participating instrumentality after the effective
[May 24, 2001] 28 date and becomes a participating employee is entitled to creditable service for prior service as otherwise provided in this subdivision (a)(1) only if he or she renders 2 years of service as a participating employee after the effective date. Application for such service must be made while in a participating status. The salary rate to be used in the calculation of the required employee contribution, if any, shall be the employee's salary rate at the time of first reentering service with the employer after the employer's effective date of participation. 2. For current service, each participating employee shall be credited with: a. Additional credits of amounts equal to each payment of additional contributions received from him under Section 7-173, as of the date the corresponding payment of earnings is payable to him. b. Normal credits of amounts equal to each payment of normal contributions received from him, as of the date the corresponding payment of earnings is payable to him, and normal contributions made for the purpose of establishing out-of-state service credits as permitted under the conditions set forth in paragraph 6 of this subsection (a). c. Municipality credits in an amount equal to 1.4 times the normal credits, except those established by out-of-state service credits, as of the date of computation of any benefit if these credits would increase the benefit. d. Survivor credits equal to each payment of survivor contributions received from the participating employee as of the date the corresponding payment of earnings is payable, and survivor contributions made for the purpose of establishing out-of-state service credits. 3. For periods of temporary and total and permanent disability benefits, each employee receiving disability benefits shall be granted creditable service for the period during which disability benefits are payable. Normal and survivor credits, based upon the rate of earnings applied for disability benefits, shall also be granted if such credits would result in a higher benefit to any such employee or his beneficiary. 4. For authorized leave of absence without pay: A participating employee shall be granted credits and creditable service for periods of authorized leave of absence without pay under the following conditions: a. An application for credits and creditable service is submitted to the board while the employee is in a status of active employment, and within 2 years after termination of the leave of absence period for which credits and creditable service are sought. b. Not more than 12 complete months of creditable service for authorized leave of absence without pay shall be counted for purposes of determining any benefits payable under this Article. c. Credits and creditable service shall be granted for leave of absence only if such leave is approved by the governing body of the municipality, including approval of the estimated cost thereof to the municipality as determined by the fund, and employee contributions, plus interest at the effective rate applicable for each year from the end of the period of leave to date of payment, have been paid to the fund in accordance with Section 7-173. The contributions shall be computed upon the assumption earnings continued during the period of leave at the rate in effect when the leave began.
29 [May 24, 2001] d. Benefits under the provisions of Sections 7-141, 7-146, 7-150 and 7-163 shall become payable to employees on authorized leave of absence, or their designated beneficiary, only if such leave of absence is creditable hereunder, and if the employee has at least one year of creditable service other than the service granted for leave of absence. Any employee contributions due may be deducted from any benefits payable. e. No credits or creditable service shall be allowed for leave of absence without pay during any period of prior service. 5. For military service: The governing body of a municipality or participating instrumentality may elect to allow creditable service to participating employees who leave their employment to serve in the armed forces of the United States for all periods of such service, provided that the person returns to active employment within 90 days after completion of full time active duty, but no creditable service shall be allowed such person for any period that can be used in the computation of a pension or any other pay or benefit, other than pay for active duty, for service in any branch of the armed forces of the United States. If necessary to the computation of any benefit, the board shall establish municipality credits for participating employees under this paragraph on the assumption that the employee received earnings at the rate received at the time he left the employment to enter the armed forces. A participating employee in the armed forces shall not be considered an employee during such period of service and no additional death and no disability benefits are payable for death or disability during such period. Any participating employee who left his employment with a municipality or participating instrumentality to serve in the armed forces of the United States and who again became a participating employee within 90 days after completion of full time active duty by entering the service of a different municipality or participating instrumentality, which has elected to allow creditable service for periods of military service under the preceding paragraph, shall also be allowed creditable service for his period of military service on the same terms that would apply if he had been employed, before entering military service, by the municipality or instrumentality which employed him after he left the military service and the employer costs arising in relation to such grant of creditable service shall be charged to and paid by that municipality or instrumentality. Notwithstanding the foregoing, any participating employee shall be entitled to creditable service as required by any federal law relating to re-employment rights of persons who served in the United States Armed Services. Such creditable service shall be granted upon payment by the member of an amount equal to the employee contributions which would have been required had the employee continued in service at the same rate of earnings during the military leave period, plus interest at the effective rate. 5.1. In addition to any creditable service established under paragraph 5 of this subsection (a), creditable service may be granted for up to 24 months of service in the armed forces of the United States. In order to receive creditable service for military service under this paragraph 5.1, a participating employee must (1) apply to the Fund in writing and provide evidence of the military service that is satisfactory to the Board; (2) obtain the written approval of the current employer; and (3) make contributions to the Fund equal to (i) the employee contributions that would have been
[May 24, 2001] 30 required had the service been rendered as a member, plus (ii) an amount determined by the board to be equal to the employer's normal cost of the benefits accrued for that military service, plus (iii) interest on items (i) and (ii) from the date of first membership in the Fund to the date of payment. If payment is made during the 6-month period that begins 3 months after the effective date of this amendatory Act of 1997, the required interest shall be at the rate of 2.5% per year, compounded annually; otherwise, the required interest shall be calculated at the regular interest rate. 6. For out-of-state service: Creditable service shall be granted for service rendered to an out-of-state local governmental body under the following conditions: The employee had participated and has irrevocably forfeited all rights to benefits in the out-of-state public employees pension system; the governing body of his participating municipality or instrumentality authorizes the employee to establish such service; the employee has 2 years current service with this municipality or participating instrumentality; the employee makes a payment of contributions, which shall be computed at 8% (normal) plus 2% (survivor) times length of service purchased times the average rate of earnings for the first 2 years of service with the municipality or participating instrumentality whose governing body authorizes the service established plus interest at the effective rate on the date such credits are established, payable from the date the employee completes the required 2 years of current service to date of payment. In no case shall more than 120 months of creditable service be granted under this provision. 7. For retroactive service: Any employee who could have but did not elect to become a participating employee, or who should have been a participant in the Municipal Public Utilities Annuity and Benefit Fund before that fund was superseded, may receive creditable service for the period of service not to exceed 50 months; however, a current or former elected or appointed official of a participating municipality
31 [May 24, 2001] accumulated unused sick leave for which payment is not received, as follows: a. Sick leave days shall be limited to those accumulated under a sick leave plan established by a participating municipality or participating instrumentality which is available to all employees or a class of employees. b. Only sick leave days accumulated with a participating municipality or participating instrumentality with which the employee was in service within 60 days of the effective date of his retirement annuity shall be credited; If the employee was in service with more than one employer during this period only the sick leave days with the employer with which the employee has the greatest number of unpaid sick leave days shall be considered. c. The creditable service granted shall be considered solely for the purpose of computing the amount of the retirement annuity and shall not be used to establish any minimum service period required by any provision of the Illinois Pension Code, the effective date of the retirement annuity, or the final rate of earnings. d. The creditable service shall be at the rate of 1/20 of a month for each full sick day, provided that no more than 12 months may be credited under this subdivision 8. e. Employee contributions shall not be required for creditable service under this subdivision 8. f. Each participating municipality and participating instrumentality with which an employee has service within 60 days of the effective date of his retirement annuity shall certify to the board the number of accumulated unpaid sick leave days credited to the employee at the time of termination of service. 9. For service transferred from another system: Credits and creditable service shall be granted for service under Article 3, 4, 5, 14 or 16 of this Act, to any active member of this Fund, and to any inactive member who has been a county sheriff, upon transfer of such credits pursuant to Section 3-110.3, 4-108.3, 5-235, 14-105.6 or 16-131.4, and payment by the member of the amount by which (1) the employer and employee contributions that would have been required if he had participated in this Fund as a sheriff's law enforcement employee during the period for which credit is being transferred, plus interest thereon at the effective rate for each year, compounded annually, from the date of termination of the service for which credit is being transferred to the date of payment, exceeds (2) the amount actually transferred to the Fund. Such transferred service shall be deemed to be service as a sheriff's law enforcement employee for the purposes of Section 7-142.1. (b) Creditable service - amount: 1. One month of creditable service shall be allowed for each month for which a participating employee made contributions as required under Section 7-173, or for which creditable service is otherwise granted hereunder. Not more than 1 month of service shall be credited and counted for 1 calendar month, and not more than 1 year of service shall be credited and counted for any calendar year. A calendar month means a nominal month beginning on the first day thereof, and a calendar year means a year beginning January 1 and ending December 31. 2. A seasonal employee shall be given 12 months of creditable service if he renders the number of months of service normally required by the position in a 12-month period and he remains in
[May 24, 2001] 32 service for the entire 12-month period. Otherwise a fractional year of service in the number of months of service rendered shall be credited. 3. An intermittent employee shall be given creditable service for only those months in which a contribution is made under Section 7-173. (c) No application for correction of credits or creditable service shall be considered unless the board receives an application for correction while (1) the applicant is a participating employee and in active employment with a participating municipality or instrumentality, or (2) while the applicant is actively participating in a pension fund or retirement system which is a participating system under the Retirement Systems Reciprocal Act. A participating employee or other applicant shall not be entitled to credits or creditable service unless the required employee contributions are made in a lump sum or in installments made in accordance with board rule. (d) Upon the granting of a retirement, surviving spouse or child annuity, a death benefit or a separation benefit, on account of any employee, all individual accumulated credits shall thereupon terminate. Upon the withdrawal of additional contributions, the credits applicable thereto shall thereupon terminate. Terminated credits shall not be applied to increase the benefits any remaining employee would otherwise receive under this Article. (Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.) (40 ILCS 5/7-146) (from Ch. 108 1/2, par. 7-146) Sec. 7-146. Temporary disability benefits - Eligibility. Temporary disability benefits shall be payable to participating employees as hereinafter provided. (a) The participating employee shall be considered temporarily disabled if: 1. He is unable to perform the duties of any position which might reasonably be assigned to him by his employing municipality or instrumentality thereof or participating instrumentality due to mental or physical disability caused by bodily injury or disease, other than as a result of self-inflicted injury or addiction to narcotic drugs; 2. The Board has received written certifications from at least one
33 [May 24, 2001] Item (iii) of this subdivision shall apply to all employees whose disabilities were incurred on or after July 1, 1985, and any such employee who becomes eligible for a disability benefit under item (iii) shall be entitled to receive a lump sum payment of any accumulated disability benefits which may accrue from the date the disability was incurred until the effective date of this amendatory Act of 1987. Periods of qualified leave granted in compliance with the federal Family and Medical Leave Act shall be ignored for purposes of determining the number of consecutive months of employment under this subdivision (b)1. 2. He has been temporarily disabled for at least 30 days, except where a former temporary or permanent and total disability has reoccurred within 6 months after the employee has returned to service. 3. He is receiving no earnings from a participating municipality or instrumentality thereof or participating instrumentality, except as allowed under subsection (f) of Section 7-152. 4. He has not refused to submit to a reasonable physical examination by a physician appointed by the Board. 5. His disability is not the result of a mental or physical condition which existed on the earliest date of service from which he has uninterrupted service, including prior service, at the date of his disability, provided that this limitation is not applicable if the date of disability is after December 31, 2001, nor is it
[May 24, 2001] 34 (40 ILCS 5/7-152) (from Ch. 108 1/2, par. 7-152) Sec. 7-152. Disability benefits - Amount. The amount of the monthly temporary and total and permanent disability benefits shall be 50% of the participating employee's final rate of earnings on the date disability was incurred, subject to the following adjustments: (a) If the participating employee has a reduced rate of earnings at the time his employment ceases because of disability, the rate of earnings shall be computed on the basis of his last 12 month period of full-time employment. (b) If the participating employee is eligible for a disability benefit under the federal Social Security Act, the amount of monthly disability benefits shall be reduced, but not to less than $10 a month, by the amount he would be eligible to receive as a disability benefit under the federal Social Security Act, whether or not because of service as a covered employee under this Article. The reduction shall be effective as of the month the employee is eligible for Social Security disability benefits. The Board may make such reduction if it appears that the employee may be so eligible pending determination of eligibility and make an appropriate adjustment if necessary after such determination. If the employee, because of his refusal to accept rehabilitation services under the federal Rehabilitation Act of 1973 or the federal Social Security Act, or because he is receiving workers' compensation benefits, has his Social Security benefits reduced or terminated, the disability benefit shall be reduced as if the employee were receiving his full Social Security disability benefit. (c) If the employee (i) is over the age for a full Social Security old-age insurance benefit
35 [May 24, 2001] under subsection (e). (g) Beginning January 1, 1988, every total and permanent disability benefit shall be increased by 3% of the original amount of the benefit, not compounded, on each January 1 following the later of (1) the date the total and permanent disability benefit begins, or (2) the date the total and permanent disability benefit would have begun if the employee had been paid a temporary disability benefit for 30 months. (Source: P.A. 87-740.) (40 ILCS 5/7-166) (from Ch. 108 1/2, par. 7-166) Sec. 7-166. Separation benefits - Eligibility. Separation benefits shall be payable as hereinafter set forth: 1. Upon separation from the service of all participating municipalities and instrumentalities thereof and participating instrumentalities, any participating employee who, on the date of application for such benefit, is not entitled to a retirement annuity shall be entitled to a separation benefit.
[May 24, 2001] 36 service, will be sufficient when combined with all employee contributions available for the payment of benefits, to provide all annuities for participating employees, and the $3,000 death benefit payable under Sections 7-158 and 7-164, such percentage to be known as the normal cost rate. 2. The percentage of earnings of the participating employees of each participating municipality and participating instrumentalities necessary to adjust for the difference between the present value of all benefits, excluding temporary and total and permanent disability and death benefits, to be provided for its participating employees and the sum of its accumulated municipality contributions and the accumulated employee contributions and the present value of expected future employee and municipality contributions pursuant to subparagraph 1 of this paragraph (b). This adjustment shall be spread over the remainder of the period that is allowable under generally accepted accounting principles
37 [May 24, 2001] municipality contribution rate for program participants or the refund of a portion of the municipality contributions, as the case may be, may be considered. (e) Computations of municipality contribution rates for the following calendar year shall be made prior to the beginning of each year, from the information available at the time the computations are made, and on the assumption that the employees in each participating municipality or participating instrumentality at such time will continue in service until the end of such calendar year at their respective rates of earnings at such time. (f) Any municipality which is the recipient of State allocations representing that municipality's contributions for retirement annuity purposes on behalf of its employees as provided in Section 12-21.16 of the Illinois Public Aid Code shall pay the allocations so received to the Board for such purpose. Estimates of State allocations to be received during any taxable year shall be considered in the determination of the municipality's tax rate for that year under Section 7-171. If a special tax is levied under Section 7-171, none of the proceeds may be used to reimburse the municipality for the amount of State allocations received and paid to the Board. Any multiple-county or consolidated health department which receives contributions from a county under Section 11.2 of "An Act in relation to establishment and maintenance of county and multiple-county health departments", approved July 9, 1943, as amended, or distributions under Section 3 of the Department of Public Health Act, shall use these only for municipality contributions by the health department. (g) Municipality contributions for the several purposes specified shall, for township treasurers and employees in the offices of the township treasurers who meet the qualifying conditions for coverage hereunder, be allocated among the several school districts and parts of school districts serviced by such treasurers and employees in the proportion which the amount of school funds of each district or part of a district handled by the treasurer bears to the total amount of all school funds handled by the treasurer. From the funds subject to allocation among districts and parts of districts pursuant to the School Code, the trustees shall withhold the proportionate share of the liability for municipality contributions imposed upon such districts by this Section, in respect to such township treasurers and employees and remit the same to the Board. The municipality contribution rate for an educational service center shall initially be the same rate for each year as the regional office of education or school district which serves as its administrative agent. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. The municipality contribution rate for a public agency, other than a vocational education cooperative, formed under the Intergovernmental Cooperation Act shall initially be the average rate for the municipalities which are parties to the intergovernmental agreement. When actuarial data become available, a separate rate shall be established as provided in subparagraph (i) of this Section. (h) Each participating municipality and participating instrumentality shall make the contributions in the amounts provided in this Section in the manner prescribed from time to time by the Board and all such contributions shall be obligations of the respective participating municipalities and participating instrumentalities to this fund. The failure to deduct any employee contributions shall not relieve the participating municipality or participating instrumentality of its obligation to this fund. Delinquent payments of contributions due under this Section may, with interest, be recovered by civil action
[May 24, 2001] 38 against the participating municipalities or participating instrumentalities. Municipality contributions, other than the amount necessary for employee contributions and Social Security contributions, for periods of service by employees from whose earnings no deductions were made for employee contributions to the fund, may be charged to the municipality reserve for the municipality or participating instrumentality. (i) Contributions by participating instrumentalities shall be determined as provided herein except that the percentage derived under subparagraph 2 of paragraph (b) of this Section, and the amount payable under subparagraph 5 of paragraph (a) of this Section, shall be based on an amortization period of 10 years. (Source: P.A. 90-448, eff. 8-16-97.) (40 ILCS 5/15-148) (from Ch. 108 1/2, par. 15-148) Sec. 15-148. Survivors insurance benefits - General provisions. The survivors annuity is payable monthly. Any annuity due but unpaid upon the death of the annuitant, shall be paid to the annuitant's estate. A person who becomes entitled to more than one survivors insurance benefit because of the death of 2 or more persons shall receive only the largest of the benefits; except that this limitation does not apply to a survivors insurance beneficiary who is entitled to a survivor's annuity by reason of a mental or physical disability. A survivors insurance beneficiary or the personal representative of the estate of a deceased survivors insurance beneficiary or the personal representative of a survivors insurance beneficiary who is under a legal disability may waive the right to receive survivorship benefits, provided written notice of the waiver is given by the beneficiary or representative to the board within 6 months after the death of the participant or annuitant and before any payment is made pursuant to an application filed by such person. (Source: P.A. 83-1440.) (40 ILCS 5/15-154) (from Ch. 108 1/2, par. 15-154) Sec. 15-154. Refunds. (a) A participant whose status as an employee is terminated, regardless of cause, or who has been on lay off status for more than 120 days, and who is not on leave of absence, is entitled to a refund of contributions upon application; except that not more than one such refund application may be made during any academic year. Except as set forth in subsections (a-1) and (a-2), the refund shall be the sum of the accumulated normal, additional and survivors insurance contributions, less the amount of interest credited on these contributions each year in excess of 4 1/2% of the amount on which interest was calculated. (a-1) A person who elects, in accordance with the requirements of Section 15-134.5, to participate in the portable benefit package and who becomes a participating employee under that retirement program upon the conclusion of the one-year waiting period applicable to the portable benefit package election shall have his or her refund calculated in accordance with the provisions of subsection (a-2). (a-2) The refund payable to a participant described in subsection (a-1) shall be the sum of the participant's accumulated normal and additional contributions, as defined in Sections 15-116 and 15-117. If the participant terminates with 5 or more years of service for employment as defined in Section 15-113.1, he or she shall also be entitled to a distribution of employer contributions in an amount equal to the sum of the accumulated normal and additional contributions, as defined in Sections 15-116 and 15-117. (b) Upon acceptance of a refund, the participant forfeits all accrued rights and credits in the System, and if subsequently
39 [May 24, 2001] reemployed, the participant shall be considered a new employee subject to all the qualifying conditions for participation and eligibility for benefits applicable to new employees. If such person again becomes a participating employee and continues as such for 2 years, or is employed by an employer and participates for at least 2 years in the Federal Civil Service Retirement System, all such rights, credits, and previous status as a participant shall be restored upon repayment of the amount of the refund, together with compound interest thereon from the date the refund was received to the date of repayment at the rate of 6% per annum through August 31, 1982, and at the effective rates after that date. Notwithstanding Section 1-103.1 and the other provisions of this Section, a person who was a participant in the System from February 14, 1966 until March 13, 1981 may restore credits previously forfeited by acceptance of a refund, without returning to service, by applying in writing and repaying to the System by July 1, 2002 the amount of the refund plus interest at the effective rate calculated from the date of the refund to the date of repayment. (c) If a participant covered under the traditional benefit package has made survivors insurance contributions, but has no survivors insurance beneficiary upon retirement, he or she shall be entitled to elect a refund of the accumulated survivors insurance contributions, or to elect an additional annuity the value of which is equal to the accumulated survivors insurance contributions. This election must be made prior to the date the person's retirement annuity is approved by the Board of Trustees. (d) A participant, upon application, is entitled to a refund of his or her accumulated additional contributions attributable to the additional contributions described in the last sentence of subsection (c) of Section 15-157. Upon the acceptance of such a refund of accumulated additional contributions, the participant forfeits all rights and credits which may have accrued because of such contributions. (e) A participant who terminates his or her employee status and elects to waive service credit under Section 15-154.2, is entitled to a refund of the accumulated normal, additional and survivors insurance contributions, if any, which were credited the participant for this service, or to an additional annuity the value of which is equal to the accumulated normal, additional and survivors insurance contributions, if any; except that not more than one such refund application may be made during any academic year. Upon acceptance of this refund, the participant forfeits all rights and credits accrued because of this service. (f) If a police officer or firefighter receives a retirement annuity under Rule 1 or 3 of Section 15-136, he or she shall be entitled at retirement to a refund of the difference between his or her accumulated normal contributions and the normal contributions which would have accumulated had such person filed a waiver of the retirement formula provided by Rule 4 of Section 15-136. (g) If, at the time of retirement, a participant would be entitled to a retirement annuity under Rule 1, 2, 3, 4, or 5 of Section 15-136, or under Section 15-136.4, that exceeds the maximum specified in clause (1) of subsection (c) of Section 15-136, he or she shall be entitled to a refund of the employee contributions, if any, paid under Section 15-157 after the date upon which continuance of such contributions would have otherwise caused the retirement annuity to exceed this maximum, plus compound interest at the effective rates. (Source: P.A. 90-448, eff. 8-16-97; 90-576, eff. 3-31-98; 90-766, eff. 8-14-98; 91-887 (Sections 10 and 25), eff. 7-6-00; revised 9-1-00.) Section 90. The State Mandates Act is amended by adding Section 8.25 as follows:
[May 24, 2001] 40 (30 ILCS 805/8.25 new) Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2367 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 263 A bill for AN ACT in relation to local governments. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 263. Senate Amendment No. 2 to HOUSE BILL NO. 263. Passed the Senate, as amended, May 24, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 263 on page 1, immediately below line 10, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 263, AS AMENDED, by replacing the title with the following: "AN ACT in relation to the local governments."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by changing Section 8.25f and adding Sections 5.545 and 6z-51 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Statewide Economic Development Fund. (30 ILCS 105/6z-51 new) Sec. 6z-51. Statewide Economic Development Fund. (a) The Statewide Economic Development Fund is created as a special fund in the State treasury. Moneys in the Fund shall be used, subject to appropriation, for the purpose of statewide economic development activities. (30 ILCS 105/8.25f) (from Ch. 127, par. 144.25f) Sec. 8.25f. McCormick Place Expansion Project Fund. (a) Deposits. The following amounts shall be deposited into the McCormick Place Expansion Project Fund in the State Treasury: (i) the
41 [May 24, 2001] moneys required to be deposited into the Fund under Section 9 of the Use Tax Act, Section 9 of the Service Occupation Tax Act, Section 9 of the Service Use Tax Act, and Section 3 of the Retailers' Occupation Tax Act and (ii) the moneys required to be deposited into the Fund under Section 13 of the Metropolitan Pier and Exposition Authority Act. Notwithstanding the foregoing, the maximum amount that may be deposited into the McCormick Place Expansion Project Fund from item (i) shall not exceed the following amounts with respect to the following fiscal years: Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000
[May 24, 2001] 42 refunding bonds, (collectively referred to as "bonds") in an amount issued by the Authority pursuant to Section 13.2 of the Metropolitan Pier and Exposition Authority Act. The certificate may be amended from time to time as necessary. (Source: P.A. 90-612, eff. 7-8-98; 91-101, eff. 7-12-99.) Section 15. The Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 105/9) (from Ch. 120, par. 439.9) Sec. 9. Except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, each retailer required or authorized to collect the tax imposed by this Act shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. A retailer need not remit that part of any tax collected by him to the extent that he is required to remit and does remit the tax imposed by the Retailers' Occupation Tax Act, with respect to the sale of the same property. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the retailer, in collecting the tax (except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State), may collect for each tax return period, only the tax applicable to that part of the selling price actually received during such tax return period. Except as provided in this Section, on or before the twentieth day of each calendar month, such retailer shall file a return for the preceding calendar month. Such return shall be filed on forms prescribed by the Department and shall furnish such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may
43 [May 24, 2001] require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4
[May 24, 2001] 44 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985, and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987, and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment
45 [May 24, 2001] amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. If any such payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than
[May 24, 2001] 46 one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 3-55 of this Act, then that seller may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. The transaction reporting return in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of the Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of the Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft and aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the date of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer
47 [May 24, 2001] with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Where a retailer collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the retailer refunds the selling price thereof to the purchaser, such retailer shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the retailer may deduct the amount of the tax so refunded by him to the purchaser from any other use tax which such retailer may be required to pay or remit to the Department, as shown by such return, if the amount of the tax to be deducted was previously remitted to the Department by such retailer. If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no deduction under this Act upon refunding such tax to the purchaser. Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property purchased by him at retail from a retailer, but as to which the tax imposed by this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the retailer has more than one business registered with the Department under separate registration under this Act, such retailer may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into
[May 24, 2001] 48 the State and Local Sales Tax Reform Fund, a special fund in the State Treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning August 1, 2000, each month the Department shall pay into the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or
49 [May 24, 2001] (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000
[May 24, 2001] 50 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000
51 [May 24, 2001] Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, eff. 1-1-01; revised 8-30-00.) Section 20. The Service Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 110/9) (from Ch. 120, par. 439.39) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. A serviceman need not remit that part of any tax collected by him to the extent that he is required to pay and does pay the tax imposed by the Service Occupation Tax Act with respect to his sale of service involving the incidental transfer by him of the same property. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable Rules and Regulations to be promulgated by the Department. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return
[May 24, 2001] 52 shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the serviceman is otherwise required to file a monthly return and if the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman is otherwise required to file a monthly or quarterly return and if the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where a serviceman collects the tax with respect to the selling price of property which he sells and the purchaser thereafter returns
53 [May 24, 2001] such property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers' occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. Any serviceman filing a return hereunder shall also include the total tax upon the selling price of tangible personal property purchased for use by him as an incident to a sale of service, and such serviceman shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Service Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registration hereunder, such serviceman shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning August 1, 2000, each month the Department shall pay into the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the
[May 24, 2001] 54 amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000
55 [May 24, 2001] 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000
[May 24, 2001] 56 McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. All remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00.) Section 25. The Service Occupation Tax Act is amended by changing Section 9 as follows: (35 ILCS 115/9) (from Ch. 120, par. 439.109) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax at the time when he is required to file his return for the period during which such tax was collectible, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the serviceman, in collecting the tax may collect, for each tax return period, only the tax applicable to the part of the selling price actually received during such tax return period. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable rules and regulations to be promulgated by the Department of Revenue. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge
57 [May 24, 2001] and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. A serviceman may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Service Use Tax as provided in Section 3-70 of the Service Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-70 of the Service Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a serviceman as provided in Section 3-70 of the Service Use Tax Act, may be used by that serviceman to satisfy Service Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. If the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12.
[May 24, 2001] 58 Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Where a serviceman collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Occupation Tax, Service Use Tax, Retailers' Occupation Tax or Use Tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, the Use Tax Act or the Service Use Tax Act, to furnish all the return information required by all said Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registrations hereunder, such serviceman shall file separate returns for each registered business. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund the revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property. Beginning August 1, 2000, each month the Department shall pay into
59 [May 24, 2001] the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as
[May 24, 2001] 60 provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000
61 [May 24, 2001] amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the taxpayer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the taxpayer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The taxpayer's annual return to the Department shall also disclose the cost of goods sold by the taxpayer during the year covered by such return, opening and closing inventories of such goods for such year, cost of goods used from stock or taken from stock and given away by the taxpayer during such year, pay roll information of the taxpayer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such taxpayer as hereinbefore provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be
[May 24, 2001] 62 guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to a serviceman who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, it shall be permissible for manufacturers, importers and wholesalers whose products are sold by numerous servicemen in Illinois, and who wish to do so, to assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the servicemen who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00.) Section 30. The Retailers' Occupation Tax Act is amended by changing Section 3 as follows: (35 ILCS 120/3) (from Ch. 120, par. 442) Sec. 3. Except as provided in this Section, on or before the twentieth day of each calendar month, every person engaged in the business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the preceding calendar month or quarter, as the case may be, from sales of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed; 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return
63 [May 24, 2001] shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1.
[May 24, 2001] 64 Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 2-5 of this Act, then that seller may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction
65 [May 24, 2001] reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers' occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns. However, those retailers shall be required to file returns on an annual basis. The transaction reporting return, in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of The Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of The Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft or aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if
[May 24, 2001] 66 the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. Before October 1, 2000, if the taxpayer's average monthly tax
67 [May 24, 2001] liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may
[May 24, 2001] 68 petition the Department for a change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. If any payment provided for in this Section exceeds the taxpayer's
69 [May 24, 2001] liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Beginning August 1, 2000, each month the Department shall pay into the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be
[May 24, 2001] 70 less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan
71 [May 24, 2001] Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000
[May 24, 2001] 72 paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund and
73 [May 24, 2001] guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and similar exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, eff. 1-1-01; revised.) Section 35. The Cigarette Tax Act is amended by changing Section
[May 24, 2001] 74 29 as follows: (35 ILCS 130/29) (from Ch. 120, par. 453.29) Sec. 29. All moneys received by the Department from the one-half mill tax imposed by the Sixty-fourth General Assembly and all interest and penalties, received in connection therewith under the provisions of this Act shall be paid into the Metropolitan Fair and Exposition Authority Reconstruction Fund. All other moneys received by the Department under this Act shall be paid into the General Revenue Fund in the State treasury. After there has been paid into the Metropolitan Fair and Exposition Authority Reconstruction Fund sufficient money to pay in full both principal and interest, all of the outstanding bonds issued pursuant to the "Fair and Exposition Authority Reconstruction Act", the State Treasurer and Comptroller shall transfer to the General Revenue Fund the balance of moneys remaining in the Metropolitan Fair and Exposition Authority Reconstruction Fund except for $2,500,000 which shall remain in the Metropolitan Fair and Exposition Authority Reconstruction Fund and which may be appropriated by the General Assembly for the corporate purposes of the Metropolitan Pier and Exposition Authority. All monies received by the Department in fiscal year 1978 and thereafter from the one-half mill tax imposed by the Sixty-fourth General Assembly, and all interest and penalties received in connection therewith under the provisions of this Act, shall be paid into the General Revenue Fund, except that the Department shall pay the first $4,800,000 received in fiscal years
75 [May 24, 2001] any revenue bonds issued by the Authority. The Authority shall be subject to and comply with the Lake Michigan and Chicago Lakefront Protection Ordinance, the Chicago Building Code, the Chicago Zoning Ordinance, and all ordinances and regulations of the City of Chicago contained in the following Titles of the Municipal Code of Chicago: Businesses, Occupations and Consumer Protection; Health and Safety; Fire Prevention; Public Peace, Morals and Welfare; Utilities and Environmental Protection; Streets, Public Ways, Parks, Airports and Harbors; Electrical Equipment and Installation; Housing and Economic Development (only Chapter 5-4 thereof); and Revenue and Finance (only so far as such Title pertains to the Authority's duty to collect taxes on behalf of the City of Chicago). (d) To enter into contracts treating in any manner with the objects and purposes of this Act. (e) To lease any buildings to the Adjutant General of the State of Illinois for the use of the Illinois National Guard or the Illinois Naval Militia. (f) To exercise the right of eminent domain by condemnation proceedings in the manner provided by Article VII of the Code of Civil Procedure, including, with respect to Site B only, the authority to exercise quick take condemnation by immediate vesting of title under Sections 7-103 through 7-112 of the Code of Civil Procedure, to acquire any privately owned real or personal property and, with respect to Site B only, public property used for rail transportation purposes (but no such taking of such public property shall, in the reasonable judgment of the owner, interfere with such rail transportation) for the lawful purposes of the Authority in Site A, at Navy Pier, and at Site B. Just compensation for property taken or acquired under this paragraph shall be paid in money or, notwithstanding any other provision of this Act and with the agreement of the owner of the property to be taken or acquired, the Authority may convey substitute property or interests in property or enter into agreements with the property owner, including leases, licenses, or concessions, with respect to any property owned by the Authority, or may provide for other lawful forms of just compensation to the owner. Any property acquired in condemnation proceedings shall be used only as provided in this Act. Except as otherwise provided by law, the City of Chicago shall have a right of first refusal prior to any sale of any such property by the Authority to a third party other than substitute property. The Authority shall develop and implement a relocation plan for businesses displaced as a result of the Authority's acquisition of property. The relocation plan shall be substantially similar to provisions of the Uniform Relocation Assistance and Real Property Acquisition Act and regulations promulgated under that Act relating to assistance to displaced businesses. To implement the relocation plan the Authority may acquire property by purchase or gift or may exercise the powers authorized in this subsection (f), except the immediate vesting of title under Sections 7-103 through 7-112 of the Code of Civil Procedure, to acquire substitute private property within one mile of Site B for the benefit of displaced businesses located on property being acquired by the Authority. However, no such substitute property may be acquired by the Authority unless the mayor of the municipality in which the property is located certifies in writing that the acquisition is consistent with the municipality's land use and economic development policies and goals. The acquisition of substitute property is declared to be for public use. In exercising the powers authorized in this subsection (f), the Authority shall use
[May 24, 2001] 76 its best efforts to relocate businesses within the area of McCormick Place or, failing that, within the City of Chicago. (g) To enter into contracts relating to construction projects which provide for the delivery by the contractor of a completed project, structure, improvement, or specific portion thereof, for a fixed maximum price, which contract may provide that the delivery of the project, structure, improvement, or specific portion thereof, for the fixed maximum price is insured or guaranteed by a third party capable of completing the construction. (h) To enter into agreements with any person with respect to the use and occupancy of the grounds, buildings, and facilities of the Authority, including concession, license, and lease agreements on terms and conditions as the Authority determines. Notwithstanding Section 24, agreements with respect to the use and occupancy of the grounds, buildings, and facilities of the Authority for a term of more than one year shall be entered into in accordance with the procurement process provided for in Section 25.1. (i) To enter into agreements with any person with respect to the operation and management of the grounds, buildings, and facilities of the Authority or the provision of goods and services on terms and conditions as the Authority determines. (j) After conducting the procurement process provided for in Section 25.1, to enter into one or more contracts to provide for the design and construction of all or part of the Authority's Expansion Project grounds, buildings, and facilities. Any contract for design and construction of the Expansion Project shall be in the form authorized by subsection (g), shall be for a fixed maximum price not in excess of the funds that are authorized to be made available
77 [May 24, 2001] Exposition Authority Reconstruction Fund; from the Metropolitan Fair and Exposition Authority Improvement Bond Fund pursuant to appropriation by the General Assembly; from the McCormick Place Expansion Project Fund pursuant to appropriation by the General Assembly; from any revenues or funds pledged or provided for such purposes by any governmental agency; from any revenues of the Authority from taxes it is authorized to impose; from the proceeds of refunding bonds issued for that purpose; or from any other lawful source derived. Such bonds may bear such date or dates, may mature at such time or times not exceeding 40
[May 24, 2001] 78 under any trust agreement securing such bonds, payments from any governmental agency, or any combination of the foregoing. In no event shall a lien or security interest upon the physical facilities of the Authority be created by any such lien, pledge or security interest. The Authority may execute and deliver a trust agreement or agreements to secure the payment of such bonds and for the purpose of setting forth covenants and undertakings of the Authority in connection with issuance thereof. Such pledge, assignment and grant of a lien and security interest shall be effective immediately without any further filing or action and shall be effective with respect to all persons regardless of whether any such person shall have notice of such pledge, assignment, lien or security interest. In connection with the issuance of its bonds, the Authority may enter into arrangements to provide additional security and liquidity for the bonds. These may include, without limitation, municipal bond insurance, letters of credit, lines of credit by which the Authority may borrow funds to pay or redeem its bonds and purchase or remarketing arrangements for assuring the ability of owners of the Authority's bonds to sell or to have redeemed their bonds. The Authority may enter into contracts and may agree to pay fees to persons providing such arrangements, including from bond proceeds. No such arrangement or contract shall be considered a bond or note for purposes of any limitation on the issuance of bonds or notes by the Authority. The ordinance of the Board authorizing the issuance of its bonds may provide that interest rates may vary from time to time depending upon criteria established by the Board, which may include, without limitation, a variation in interest rates as may be necessary to cause bonds to be remarketable from time to time at a price equal to their principal amount, and may provide for appointment of a national banking association, bank, trust company, investment banker or other financial institution to serve as a remarketing agent in that connection. The ordinance of the board authorizing the issuance of its bonds may provide that alternative interest rates or provisions will apply during such times as the bonds are held by a person providing a letter of credit or other credit enhancement arrangement for those bonds. To secure the payment of any or all of such bonds and for the purpose of setting forth the covenants and undertakings of the Authority in connection with the issuance thereof and the issuance of any additional bonds payable from moneys, funds, revenue and income of the Authority to be derived from any source, the Authority may execute and deliver a trust agreement or agreements; provided that no lien upon any real property of the Authority shall be created thereby. A remedy for any breach or default of the terms of any such trust agreement by the Authority may be by mandamus proceedings in the circuit court to compel performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf such action may be instituted. In connection with the issuance of its bonds under this Act, the Authority may enter into contracts that it determines necessary or appropriate to permit it to manage payment or interest rate risk. These contracts may include, but are not limited to, interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; and contracts incorporating interest rate caps, collars, floors, or locks. (Source: P.A. 87-733.) (70 ILCS 210/13.2) (from Ch. 85, par. 1233.2) Sec. 13.2. The McCormick Place Expansion Project Fund is created in the State Treasury. All moneys in the McCormick Place Expansion Project Fund are allocated to and shall be appropriated and used only
79 [May 24, 2001] for the purposes authorized by and subject to the limitations and conditions of this Section. Those amounts may be appropriated by law to the Authority for the purposes of paying the debt service requirements on all bonds and notes, including bonds and notes issued to refund or advance refund bonds and notes issued under this Section or issued to refund or advance refund bonds and notes otherwise issued under this Act, (collectively referred to as "bonds") to be issued by the Authority under this Section in an aggregate original principal amount (excluding the amount of any bonds and notes issued to refund or advance refund bonds or notes issued under this Section) not to exceed $2,107,000,000
[May 24, 2001] 80 enacted shall not be deemed to impair the terms of any such contract so long as the increase does not result in the aggregate debt service payable in the current or any future fiscal year of the State on all bonds issued pursuant to the Build Illinois Bond Act and the Metropolitan Pier and Exposition Authority Act and payable from tax revenues specified in Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act exceeding 33 1/3% of such tax revenues for the most recently completed fiscal year of the State at the time of such increase. The Authority is authorized to include these pledges and agreements with the State in any contract with the holders of bonds issued under this Section. The State shall not be liable on bonds of the Authority issued under this Section those bonds shall not be a debt of the State, and this Act shall not be construed as a guarantee by the State of the debts of the Authority. The bonds shall contain a statement to this effect on the face of the bonds. (Source: P.A. 90-612, eff. 7-8-98; 91-101, eff. 7-12-99.) (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1) Sec. 23.1. Affirmative action. (a) The Authority shall, within 90 days after the effective date of this amendatory Act of 1984, establish and maintain an affirmative action program designed to promote equal employment opportunity and eliminate the effects of past discrimination. Such program shall include a plan, including timetables where appropriate, which shall specify goals and methods for increasing participation by women and minorities in employment by the Authority and by parties which contract with the Authority. The Authority shall submit a detailed plan with the General Assembly prior to September 1 of each year. Such program shall also establish procedures and sanctions (including debarment), which the Authority shall enforce to ensure compliance with the plan established pursuant to this Section and with State and federal laws and regulations relating to the employment of women and minorities. A determination by the Authority as to whether a party to a contract with the Authority has achieved the goals or employed the methods for increasing participation by women and minorities shall be determined in accordance with the terms of such contracts or the applicable provisions of rules and regulations of the Authority existing at the time such contract was executed, including any provisions for consideration of good faith efforts at compliance which the Authority may reasonably adopt. (b) The Authority shall adopt and maintain minority and female owned business enterprise procurement programs under the affirmative action program described in subsection (a) for any and all work undertaken by the Authority. That work shall include, but is not limited to, the purchase of professional services, construction services, supplies, materials, and equipment. The programs shall establish goals of awarding not less than 25% of the annual dollar value of all contracts, purchase orders, or other agreements (collectively referred to as "contracts") to minority owned businesses and 5% of the annual dollar value of all contracts to female owned businesses. Without limiting the generality of the foregoing, the programs shall require in connection with the prequalification or consideration of vendors for professional service contracts, construction contracts, and contracts for supplies, materials, equipment, and services that each proposer or bidder submit as part of his or her proposal or bid a commitment detailing how he or she will expend 25% or more of the dollar value of his or her contracts with one or more minority owned businesses and 5% or more of the dollar value with one or more female owned businesses. Bids or proposals that do
81 [May 24, 2001] not include such detailed commitments are not responsive and shall be rejected unless the Authority deems it appropriate to grant a waiver of these requirements. In addition the Authority may, in connection with the selection of providers of professional services, reserve the right to select a minority or female owned business or businesses to fulfill the commitment to minority and female business participation. The commitment to minority and female business participation may be met by the contractor or professional service provider's status as a minority or female owned business, by joint venture or by subcontracting a portion of the work with or purchasing materials for the work from one or more such businesses, or by any combination thereof. Each contract shall require the contractor or provider to submit a certified monthly report detailing the status of that contractor or provider's compliance with the Authority's minority and female owned business enterprise procurement program. The Authority, after reviewing the monthly reports of the contractors and providers, shall compile a comprehensive report regarding compliance with this procurement program and file it quarterly with the General Assembly. If, in connection with a particular contract, the Authority determines that it is impracticable or excessively costly to obtain minority or female owned businesses to perform sufficient work to fulfill the commitment required by this subsection, the Authority shall reduce or waive the commitment in the contract, as may be appropriate. The Authority shall establish rules and regulations setting forth the standards to be used in determining whether or not a reduction or waiver is appropriate. The terms "minority owned business" and "female owned business" have the meanings given to those terms in the
[May 24, 2001] 82 contracts with public and private educational institutions and persons in the hospitality industry to provide training for employment in the hospitality industry. (f) McCormick Place Advisory Board. There is created a McCormick Place Advisory Board composed as follows: 2 members shall be appointed by the Mayor of Chicago; 2 members shall be appointed by the Governor; 2 members shall be State Senators appointed by the President of the Senate; 2 members shall be State Senators appointed by the Minority Leader of the Senate; 2 members shall be State Representatives appointed by the Speaker of the House of Representatives; and 2 members shall be State Representatives appointed by the Minority Leader of the House of Representatives
83 [May 24, 2001] (4) Work with the Authority to find candidates for building trades apprenticeships, for employment in the hospitality industry, and to identify job training programs; (5) Work with the Authority to implement the provisions of subsections (a) through (e) of this Section in the construction of the Expansion Project, including the Authority's goal of awarding not less than 25% and 5% of the annual dollar value of contracts to minority and female owned businesses, the outreach program for minorities and women, and the mentor/protege program for providing assistance to minority and female owned businesses. (Source: P.A. 91-422, eff. 1-1-00; revised 8-23-99.) Section 90. Inseverability. The provisions of this Act are mutually dependent and inseverable. If any provision or its application to any person or circumstance is held invalid, than this entire Act is invalid. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 263 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1655 A bill for AN ACT concerning the Department of Commerce & Community Affairs. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1655. Senate Amendment No. 2 to HOUSE BILL NO. 1655. Passed the Senate, as amended, May 24, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1655 on page 2, immediately below line 2, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1655, AS AMENDED, by replacing the title with the following: "AN ACT concerning economic development."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Corporate Headquarters Relocation Act. Section 5. Purpose. The General Assembly has determined that the
[May 24, 2001] 84 relocation of the international headquarters of large, multinational corporations from outside of Illinois to a location within Illinois creates a substantial public benefit and will foster economic growth and development within the State. Specifically, these relocations will foster a positive image of the State of Illinois and its human and natural resources throughout the United States and the world; contribute to a strong residential housing market; directly and indirectly create jobs and additional taxes within the State; encourage the relocation of other similar businesses to the State; and otherwise foster the development of commerce and industry within the State of Illinois. These relocations should be encouraged through the use of incentives that encourage long-term commitments by business and industry to Illinois and that would otherwise not be available through existing incentives programs. Section 10. Definitions. As used in this Act: "Corporate headquarters" means the building or buildings that the principal executive officers of an eligible business have designated as their principal offices and that has at least 250 employees who are principally located in that building or those buildings. The principal executive officers may include, by way of example and not of limitation, the chief executive officer, the chief operating officer, and other senior officer-level employees of the eligible business. "Corporate headquarters" may also include ancillary transportation facilities owned or leased by the eligible business whether or not physically adjacent to the principal office building or buildings used by the principal executive officers. The ancillary transportation facilities may include, but are not limited to, airplane hangars, helipads or heliports, fixed base operations, maintenance facilities, and other aviation-related facilities. All employees of the eligible business may count toward the satisfaction of the numeric requirement of this definition, including but not limited to support staff and other personnel who work in or from the office building or buildings or transportation facilities. "Department" means the Department of Commerce and Community Affairs. "Director" means the Director of Commerce and Community Affairs. "Eligible business" means a business that is: (i) engaged in interstate or intrastate commerce; (ii) maintains its corporate headquarters in a state other than Illinois as of the effective date of this Act; (iii) had annual worldwide revenues of at least $25,000,000,000 for the year immediately preceding its application to the Department for the benefits authorized by this Act; and (iv) is prepared to commit contractually to relocating its corporate headquarters to the State of Illinois in consideration of the benefits authorized by this Act. "Fund" means the Corporate Headquarters Relocation Assistance Fund. "Qualifying project" means the relocation of the corporate headquarters of an eligible business from a location outside of Illinois to a location within Illinois, whether to an existing structure or otherwise. When the relocation involves an initial interim facility within Illinois and a subsequent further relocation within 5 years after the effective date of this Act to a permanent facility also within Illinois, all those activities collectively constitute a "qualifying project" under this Act. "Relocation costs" means the expenses incurred by an eligible business for a qualifying project, including, but not limited to, the following: moving costs and related expenses; purchase of new or replacement equipment; outside professional fees and commissions; premiums for property and casualty insurance coverage; capital investment costs; financing costs; property assembly and development
85 [May 24, 2001] costs, including, but not limited to, the purchase, lease, and construction of equipment, buildings, and land, infrastructure improvements and site development costs, leasehold improvements costs, rehabilitation costs, and costs of studies, surveys, development of plans, and professional services costs such as architectural, engineering, legal, financial, planning, or other related services; "relocation costs", however, does not include moving costs associated with the relocation of the personal residences of the employees of the eligible business. Section 15. Powers of the Department. The Department, in addition to the powers granted under the Civil Administrative Code of Illinois, has all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this Act, including, but not limited to, the power to: (1) promulgate rules and establish procedures deemed necessary and appropriate for the administration of this Act; (2) negotiate and execute any term, agreement, or other document with any person, entity, or body politic necessary or appropriate to accomplish the purposes of this Act; (3) fix, determine, charge, and collect premiums, fees, charges, costs, and expenses from eligible businesses, including, without limitation, application fees, commitment fees, program fees, financing charges, or publication fees as deemed appropriate to pay expenses necessary or incident to the administration of the Department's activities and duties under this Act, including the preparation and enforcement of any agreement, or for consultation services, legal services, or other costs; (4) require eligible businesses, upon written request, to issue any necessary authorization to the appropriate federal, state, or local authority for the release of information concerning a qualifying project; and (5) take whatever actions are necessary or appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of any agreement entered into pursuant to this Act, including the power to sell, dispose, lease, or rent, upon terms and conditions determined by the Director to be appropriate, real or personal property that the Department may receive as a result of these actions. Section 20. Reimbursement for relocation costs. Upon receipt and approval of an application from an eligible business proposing a qualifying project, the Department may enter into an agreement with the eligible business wherein the Department agrees to reimburse the eligible business for its relocation costs subject to the following terms, conditions, and limitations: (1) The eligible business must apply to the Department for reimbursement of its relocation costs. (2) The application submitted by the eligible business must identify with specificity the relocation costs for which reimbursement is sought, and the eligible business must provide the Department with all supporting documentation as requested by the Department. The eligible business may amend its application for reimbursement from time to time in order to cover additional relocation costs incurred after the submission of an initial application. (3) The Department reserves the right to approve or disapprove specific items and categories of relocation costs. (4) The eligible business must in fact relocate its corporate headquarters to the State of Illinois within a time frame specified by the Department. (5) The eligible business may receive reimbursement for not
[May 24, 2001] 86 greater than 50% of its documented relocation costs. (6) The agreement between the Department and the eligible business must provide that reimbursement will be provided by means of one or more grants that shall be issued annually by the Department for a period not to exceed 10 years or until 50% of the eligible business' relocation costs are reimbursed, whichever occurs first. (7) The amount of the annual grant that may be issued to the eligible business by the Department may not exceed 50% of the total amount withheld from employees of the eligible business employed at the corporate headquarters during the preceding calendar year under Article 7 of the Illinois Income Tax Act. (8) In applying to the Department for reimbursement, the eligible business must certify the total amount withheld during the preceding calendar year under Article 7 of the Illinois Income Tax Act from its employees employed at the corporate headquarters. (9) The Department may issue grants from the Corporate Headquarters Relocation Assistance Fund to eligible businesses for reimbursement of relocation costs as provided by this Act. Section 25. Review of application for reimbursement. No eligible business is eligible for reimbursement of relocation costs under this Act unless the Department determines at the time of the eligible business' initial application that, if not for that reimbursement, the eligible business would not have determined to relocate its corporate headquarters to Illinois. The eligible business may satisfy this requirement by, among other means, presenting evidence to the Department that the eligible business has or had multi-state location options and could reasonably and efficiently have located its corporate headquarters to a state other than Illinois; by a demonstration that at least one other state is or was being considered for the location of its corporate headquarters; or through evidence that receipt of the benefits authorized by this Act is an important factor in the eligible business' decision to locate its corporate headquarters to Illinois, and that without that assistance, the eligible business likely would not establish its corporate headquarters in Illinois. Section 30. Transfers to Corporate Headquarters Relocation Assistance Fund. Upon receipt of a certification by the eligible business of the aggregate amount withheld from its employees employed at the corporate headquarters during the preceding calendar year under Article 7 of the Illinois Income Tax Act, the Department shall then certify to the State Treasurer that 50% of that amount is eligible to be transferred from the General Revenue Fund to the Corporate Headquarters Relocation Assistance Fund. This amount shall be referred to as the "certified transfer amount". Upon receipt the certification from the Department, the Treasurer shall transfer the certified transfer amount within 30 days from the General Revenue Fund to the Corporate Headquarters Relocation Assistance Fund. Section 35. Corporate Headquarters Relocation Assistance Fund; creation. The Corporate Headquarters Relocation Assistance Fund is created as a separate fund within the State treasury. From the Fund and pursuant to the provisions of this Act, the Department may issue grants to reimburse eligible businesses for relocation costs incurred in connection with the relocation of a corporate headquarters to the State of Illinois. Section 40. Extended duration of tax credits; Economic Development for a Growing Economy Tax Credit Act. Upon receipt and approval of an application from an eligible business proposing a qualifying project, the Department may certify the eligible business as qualifying for the currently available 10 years plus an additional 5 years of tax credits under the Economic Development for a Growing Economy Tax Credit Act if
87 [May 24, 2001] (i) the Department first determines the eligible business is in compliance with the requirements of the Economic Development for a Growing Economy Tax Credit Act and (ii) the eligible business in fact undertakes a qualifying project within a time frame specified by the Department. Section 45. Other incentives. Nothing in this Act precludes an eligible business with respect to a qualifying project from applying for or receiving any other federal, State, or local assistance or incentives in connection with the relocation of its corporate headquarters to the State of Illinois. 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 Corporate Headquarters Relocation Assistance Fund. Section 910. The Illinois Income Tax Act is amended by changing Section 211 as follows: (35 ILCS 5/211) Sec. 211. Economic Development for a Growing Economy Tax Credit. For tax years beginning on or after January 1, 1999, a Taxpayer who has entered an Agreement under the Economic Development for a Growing Economy Tax Credit Act is entitled to a credit against the taxes imposed under subsections (a) and (b) of Section 201 of this Act in an amount to be determined in the Agreement. If the Taxpayer is a partnership or Subchapter S corporation, the credit shall be allowed to the partners or shareholders in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code. The Department, in cooperation with the Department of Commerce and Community Affairs, shall prescribe rules to enforce and administer the provisions of this Section. This Section is exempt from the provisions of Section 250 of this Act. The credit shall be subject to the conditions set forth in the Agreement and the following limitations: (1) The tax credit shall not exceed the Incremental Income Tax (as defined in Section 5-5 of the Economic Development for a Growing Economy Tax Credit Act) with respect to the project. (2) The amount of the credit allowed during the tax year plus the sum of all amounts allowed in prior years shall not exceed 100% of the aggregate amount expended by the Taxpayer during all prior tax years on approved costs defined by Agreement. (3) The amount of the credit shall be determined on an annual basis; however, the credit against any State tax liability may not be used in more than
[May 24, 2001] 88 Department shall notify the Taxpayer that no credit is allowed with respect to that Agreement for any taxable year ending after the Noncompliance Date, as stated in such notification. If any credit has been allowed with respect to an Agreement for a taxable year ending after the Noncompliance Date for that Agreement, any refund paid to the Taxpayer for that taxable year shall, to the extent of that credit allowed, be an erroneous refund within the meaning of Section 912 of this Act. (6) For purposes of this Section, the terms "Agreement", "Incremental Income Tax", and "Noncompliance Date" have the same meaning as when used in the Economic Development for a Growing Economy Tax Credit Act. (Source: P.A. 91-476, eff. 8-11-99.) Section 915. The Economic Development for a Growing Economy Tax Credit Act is amended by changing Sections 5-35 and 5-45 as follows: (35 ILCS 10/5-35) Sec. 5-35. Relocation of jobs in Illinois. A taxpayer is not entitled to claim the credit provided by this Act with respect to any jobs that the taxpayer relocates from one site in Illinois to another site in Illinois. A taxpayer with respect to a qualifying project certified under the Corporate Headquarters Relocation Act, however, is not subject to the requirements of this Section and is not considered an applicant for purposes of this Act. Moreover, any full-time employee of an eligible business relocated to Illinois in connection with that qualifying project is deemed to be a new employee for purposes of this Act. Determinations under this Section shall be made by the Department. (Source: P.A. 91-476, eff. 8-11-99.) (35 ILCS 10/5-45) Sec. 5-45. Amount and duration of the credit. The Department shall determine the amount and duration of the credit awarded under this Act. The duration of the credit may not exceed 10 taxable years, except that the duration of the credit may not exceed 15 taxable years for eligible businesses that qualify under the Corporate Headquarters Relocation Act. The credit may be stated as a percentage of the Incremental Income Tax attributable to the applicant's project and may include a fixed dollar limitation. (Source: P.A. 91-476, eff. 8-11-99.) Section 920. The Property Tax Code is amended by changing Section 18-165 as follows: (35 ILCS 200/18-165) Sec. 18-165. Abatement of taxes. (a) Any taxing district, upon a majority vote of its governing authority, may, after the determination of the assessed valuation of its property, order the clerk of that county to abate any portion of its taxes on the following types of property: (1) Commercial and industrial. (A) The property of any commercial or industrial firm, including but not limited to the property of any firm that is used for collecting, separating, storing, or processing recyclable materials, locating within the taxing district during the immediately preceding year from another state, territory, or country, or having been newly created within this State during the immediately preceding year, or expanding an existing facility. The abatement shall not exceed a period of 10 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $4,000,000; or (B) The property of any commercial or industrial development of at least 500 acres having been created within the taxing district. The abatement shall not exceed a period
89 [May 24, 2001] of 20 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $12,000,000. (C) The property of any commercial or industrial firm currently located in the taxing district that expands a facility or its number of employees. The abatement shall not exceed a period of 10 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $4,000,000. The abatement period may be renewed at the option of the taxing districts. (2) Horse racing. Any property in the taxing district which is used for the racing of horses and upon which capital improvements consisting of expansion, improvement or replacement of existing facilities have been made since July 1, 1987. The combined abatements for such property from all taxing districts in any county shall not exceed $5,000,000 annually and shall not exceed a period of 10 years. (3) Auto racing. Any property designed exclusively for the racing of motor vehicles. Such abatement shall not exceed a period of 10 years. (4) Academic or research institute. The property of any academic or research institute in the taxing district that (i) is an exempt organization under paragraph (3) of Section 501(c) of the Internal Revenue Code, (ii) operates for the benefit of the public by actually and exclusively performing scientific research and making the results of the research available to the interested public on a non-discriminatory basis, and (iii) employs more than 100 employees. An abatement granted under this paragraph shall be for at least 15 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $5,000,000. (5) Housing for older persons. Any property in the taxing district that is devoted exclusively to affordable housing for older households. For purposes of this paragraph, "older households" means those households (i) living in housing provided under any State or federal program that the Department of Human Rights determines is specifically designed and operated to assist elderly persons and is solely occupied by persons 55 years of age or older and (ii) whose annual income does not exceed 80% of the area gross median income, adjusted for family size, as such gross income and median income are determined from time to time by the United States Department of Housing and Urban Development. The abatement shall not exceed a period of 15 years, and the aggregate amount of abated taxes for all taxing districts shall not exceed $3,000,000. (6) Historical society. For assessment years 1998 through 2000, the property of an historical society qualifying as an exempt organization under Section 501(c)(3) of the federal Internal Revenue Code. (7) Recreational facilities. Any property in the taxing district (i) that is used for a municipal airport, (ii) that is subject to a leasehold assessment under Section 9-195 of this Code and (iii) which is sublet from a park district that is leasing the property from a municipality, but only if the property is used exclusively for recreational facilities or for parking lots used exclusively for those facilities. The abatement shall not exceed a period of 10 years. (8) Relocated corporate headquarters. If approval occurs within 5 years after the effective date of this amendatory Act of the 92nd General Assembly, any property or a portion of any property in a taxing district that is used by an eligible business for a corporate headquarters as defined in the Corporate
[May 24, 2001] 90 Headquarters Relocation Act. Instead of an abatement under this paragraph (8), a taxing district may enter into an agreement with an eligible business to make annual payments to that eligible business in an amount not to exceed the property taxes paid directly or indirectly by that eligible business for premises occupied pursuant to a written lease and may make those payments without the need for an annual appropriation. Any abatement ordered or agreement entered into under this paragraph (8) may be effective for the entire term specified by the taxing district, except the term of the abatement or annual payments may not exceed 20 years. (b) Upon a majority vote of its governing authority, any municipality may, after the determination of the assessed valuation of its property, order the county clerk to abate any portion of its taxes on any property that is located within the corporate limits of the municipality in accordance with Section 8-3-18 of the Illinois Municipal Code. (Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97; 90-568, eff. 1-1-99; 90-655, eff. 7-30-98; 91-644, eff. 8-20-99; 91-885, eff. 7-6-00.) Section 995. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. Section 999. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1655 was placed on the Calendar on the order of Concurrence. REPORTS FROM STANDING COMMITTEES Representative Crotty, Chairperson, from the Committee on Children & Youth to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3055. The committee roll call vote on the Motion to concur in Senate Amendment No. 1 to HOUSE BILL 3055 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y Crotty, Chair Y May A Flowers A Mulligan Y Howard, V-Chair Y Myers, Richard A Klingler, Spkpn Y Ryan Y Wirsing (Lawfer) Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolutions be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTIONS 304, 326 and 333. That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1096.
91 [May 24, 2001] That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1692. The committee roll call vote on HOUSE RESOLUTIONS 304, 326 and 333 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry (Tenhouse) Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel The committee roll call vote on the Motion to concur in Senate Amendments numbered 1 and 2 to HOUSE BILL 1096 is as follows: 18, Yeas; 3, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel N Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry (Tenhouse) N Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler N Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel The committee roll call vote on The motion to Concur in Senate Amendments numbered 1 and 2 to HOUSE BILL 1692 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry (Tenhouse) Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy Y Garrett Y Osterman Y Hoeft Y Smith, Michael Y Winkel Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 188. The committee roll call vote on SENATE BILL 188 is as follows: 13, Yeas; 0, Nays; 0, Answering Present.
[May 24, 2001] 92 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 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 Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 446. That the resolution be reported "recommends be adopted as amended" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 39. The committee roll call vote on the Motion to concur in Senate Amendment No. 1 to HOUSE BILL 446 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard (Jefferson) Y Winters Y Wirsing The committee roll call vote on HOUSE JOINT RESOLUTION 39 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers Y Soto Y Howard (Jefferson) Y Winters Y Wirsing Representative Saviano, Chairperson, from the Committee on Registration & Regulation to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 263. The committee roll call vote on Amendment No. 2 to SENATE BILL 263 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Saviano, Chair Y Klingler Y Boland Y Kosel A Bradley A Lyons, Eileen A Brunsvold Y Mitchell, Bill Y Bugielski Y Novak A Burke Y Osmond Y Coulson Y Reitz A Crotty A Stephens Y Davis, Steve A Winters Y Fritchey, V-Chair Y Wojcik A Zickus, Spkpn
93 [May 24, 2001] Representative Joseph Lyons, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendments numbered 2 and 3 to SENATE BILL 75. That the Motion be reported "recommends be adotped" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1277. That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3288. The committee roll call vote on Amendments numbered 2 and 3 to SENATE BILL 75 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien Y Lyons, Eileen Y Biggins Y McGuire Y Currie Y Moore, Spkpn Y Granberg Y Pankau Y Turner, Art The committee roll call vote on the Motion to concur in Senate Amendment No. 1 to HOUSE BILL 1277 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien Y Lyons, Eileen Y Biggins Y McGuire Y Currie Y Moore, Spkpn Y Granberg Y Pankau Y Turner, Art The committee roll call vote on the Motion to concur in Senate Amendment No. 1 to HOUSE BILL 3288 is as follows: 9, Yeas; 1, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien Y Lyons, Eileen Y Biggins N McGuire Y Currie Y Moore, Spkpn A Granberg Y Pankau Y Turner, Art Representative Schoenberg, Chairperson, from the Committee on State Procurement to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 3143. The committee roll call vote on HOUSE BILL 3143 is as follows: 5, Yeas; 3, Nays; 0, Answering Present. Y Schoenberg, Chair Y Morrow N Brady N Righter (Lawfer) N Kurtz, Spkpn Y Ryan Y Miller Y Soto A Stephens
[May 24, 2001] 94 CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Morrow asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 118. INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 3627. Introduced by Representative Erwin, a bill for AN ACT in relation to vehicles. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 367 Offered by Representative Righter: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Pamela J. Cockcroft, who passed away on May 5, 2001; and WHEREAS, Pamela J. Cockcroft was born on September 11, 1948 in Terra Haute, Indiana to Norman W. Tuttle and Ina Jane Koutsoumpas; and WHEREAS, Mrs. Cockcroft graduated from the University of Illinois in 1967; she also held bachelor's and graduate degrees from Eastern Illinois University; and WHEREAS, Mrs. Cockcroft began teaching at Paris High School in 1970; she served as class, drama, speech, yearbook, and prom sponsors during her early years; and WHEREAS, Mrs. Cockcroft served as principal of Paris High School for over six years; she had reached the pinnacle of her career after devoting her life to teaching and leading others; and WHEREAS, Mrs. Cockcroft was a trainer for "Write On, Illinois", and taught throughout the State of Illinois; she was instrumental as a grant writer in the district; in addition she was active in the Association of Paris Teachers and helped negotiate the first union contract with the Paris school board; and WHEREAS, During her tenure as a teacher, Mrs. Cockcroft was the recipient of numerous awards including the "Those Who Excel" award in 1987 by the State Board of Education and being honored by the Illinois Education Association with the Teacher Advocacy Award; she was also named a master teacher by the Eastern Illinois University Education Psychology Department; and WHEREAS, Mrs. Cockcroft was also active in her community; she chaired a number of endeavors including the United Way and the first Relay for Life; and WHEREAS, The passing of Pamela J. Cockcroft will be deeply felt by all who knew and loved her, especially her husband, Jerry; her children, Amy Katherine Blystone, Douglas Wayne Tuttle, and Shelby Elizabeth Cockcroft; her granddaughter, Allison Xanna Blystone; and her many students and colleagues, both past and present, at Paris High School; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
95 [May 24, 2001] all who knew her, the death of Pamela J. Cockcroft of Paris, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Pamela J. Cockcroft with our sincere condolences. HOUSE RESOLUTION 368 Offered by Representative Righter: WHEREAS, The members of the Illinois House of Representatives are pleased to honor the milestones in high school sports in the State of Illinois; and WHEREAS, The 7th grade Lady Bullpups Volleyball team from Kansas Unit #3 School has had an outstanding year; they were undefeated at home and in both the Little Eastern Illini Conference and the East Okaw Conference tournaments; and they finished the season with a 25-0 record; and WHEREAS, The Lady Bullpups were Regional Champions, Sectional Champions, and State Champions; and WHEREAS, The Kansas Unit #3 School's 7th grade State Tournament Volleyball team consists of Megan Bartlett, Hayley Cottie, Marlana Dyer, Jenni Ellington, Malissa Hess, Mandi Honnold, Tabitha Honnold, Chelsey Nichols, Taylor Robinson, Angela Sloat, Taylor Sloat, Whitney Washburn, and Shantha Wheeler; the other members of the squad include Cherisa Fluckey, Kelly Huston, Cassie Morgan, Heather Simons, and Misty Shoot; and WHEREAS, The 7th grade Lady Bullpups Volleyball team is coached by Brenda Coffey; the assistant coach is Leslie Houia; the scorebook keeper is Kim Morrisey; and the managers are Jessica Rhoden, Korey Simpson, and Stephanie Honnold; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Kansas Unit #3 School's 7th grade Volleyball Team on their outstanding season and State championship; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Principal of the Kansas Unit #3 Schools and the 7th grade Girl's Volleyball coach. HOUSE RESOLUTION 369 Offered by Representative Kosel - McCarthy: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, It has come to our attention that the Tinley Park Volunteer Fire Department is celebrating one hundred years of service to the community of Tinley Park, Illinois; and WHEREAS, The Tinley Park Volunteer Fire Department has loyally served Tinley Park through virtually the entire twentieth century; it has relied upon the heroic services of almost four hundred members who have served as Firefighters protecting the citizens and their property; and WHEREAS, In honor of their centennial celebration, the Tinley Park Volunteer Fire Department is publishing a commemorative centennial history book which will be made available to many members of the community of Tinley Park; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Tinley Park Volunteer Fire Department on the celebration of its centennial anniversary of service to the community of Tinley Park, Illinois; and be it further
[May 24, 2001] 96 RESOLVED, That a suitable copy of this resolution be presented to the Tinley Park Volunteer Fire Department as an expression of our esteem. HOUSE RESOLUTION 371 Offered by Representative May: WHEREAS, The House of Representatives of the State of Illinois is proud to recognize events of importance in the State of Illinois; and WHEREAS, The Optimist Club of Deerfield, a civic and youth minded service club, consists of men and women who represent a cross section of business, social, and cultural life in the Deerfield area; and WHEREAS, Each spring, the Optimist Club honors over 100 junior high and high school students who are selected by their teachers, counselors, or clergy for their accomplishments as volunteers to their school, community, or faith; this year's Youth Appreciation ceremony took place Tuesday, May 8, 2001; and WHEREAS, Students of Alan B. Shepard Middle School who were selected by Jay Monier to be honored were Val Agnew, Ellen Beard, Laura Bernfield, Allie Bernstein, Emily Birnberg, Taylor Brickman, Amy Bromberg, Jessica Butcher, Charlene Chan, Jessie Cole, Natalie Dawe, Michelle Dubin, Ashley Elliott, Zachary Ellman, Deena Fierstein, Samantha Ford, Jamie Furst, Natalie Garramone, Tori Green, Emily Gurner, Whitney Gurner, Jillian Harvey, Sarah Healy, Lauren Hoff, Michael Hoffman, Christine Hooyman, Annie Jacobson, Danuek Joseph, Ethan Kaplan, Jon Kessler, Tory Leonard, Matt Letten, Kacey Levine, Jay Meldman, Jordan Mellovitz, James Milin, Tim Minkov, Robin Mordini, Katie Morgan, Rachel Moyer, Kyle Nelson, Cate O'Shea, Adam Palay, Harry Papadakis, Sarah Patchell, Amanda Robinson, Daniel Rock, Katie Rosen, Suzy Ryu, Michael Sager, Greg Schechter, Elizabeth Schmidt, Lauren Schmidt, Caroline Schwartz, Jason Shapiro, Melissa Sherman, Danny Sider, Amanda Simon, Dana Small, Drew Solow, Simona Stankeviciute, Emily Stanton, Michael Stonacek, Lisa Weitzman, Scott Wolf, Emmy Yura, Melissa Zimmerman, and Matt Zweig; and WHEREAS, Students of Caruso Middle School who were selected by Dr. William Ristow to be honored were Kathy Adamczyk, Adrianne Ames, William Anderson, Jamie Blau, Tom Brengel, Sam Carmell, Courtney Dayno, Megan Dayno, Melissa EngelKing, Elana Fisher, Emma Kornfeld, AlyKhan Meherally, Jenny Meisinger, Elena Montalvo, Jennifer Noerper, Michelle Piacenza, Jenny Rebacz, Ellie Reed, and Taylor Somach; and WHEREAS, Members of the Christ United Methodist Church who were selected by Reverend Jamie Hanna Williams to be honored were Rachel Howard and Kate Johnstone; those selected to be honored by Tom Roth of the Deerfield Area Historical Society were Katie Roth, Bill Roth, and Brandon Sell; and WHEREAS, Deerfield High School students who were selected by Patrick Moorhead to be honored for community service were Jillian Allenberg, Heidi Bredemeier, Jeanine Capitani, Doug Feldman, Jessica Goldsmith, Carly Green, Rachel Greene, Janna Hoffman, Bridgette Jung, Nancy Keene, Katie Kollar, Gabrielle Lensch, George Logothetis, Elise Olson, Emily Schwarzwald, and Jeremy Silver; Deerfield High School students Matthew Davidson and Rachel Greene were selected by Ellen Grindel to be honored, Matthew for his work with the R.E.A.C.H. program and Rachel for her work with Snowball; Deerfield High School students Nina Danilova, Eileen Friend, and Danny Jourdan were selected by Carrie Benito and Mary Jo Lynch to be honored for their work with Student Outreach Services; Deerfield High School students who were selected by Heather McKenna to be honored for their student activities were Lorene Anderson, Karin Hammerberg, Colleen Jackson, Melissa Lipshutz, and Lindsey Salon; and
97 [May 24, 2001] WHEREAS, Ian McCowan, Patrick Wagner, and Jerry Zachar of the Deerfield Police Department selected Kathy Adamczyk, Elizabeth Albert, Adrianne Ames, William Anderson, Laura Barhydt, Tom Brengel, Melissa Brownstein, Adam Burmeister, John Burmeister, Jessica Butcher, Sam Carmell, Jessica Cole, Courtney Dayno, Megan Dayno, Dayon Denic, Michelle Dubin, Ashley Elliot, Melissa EngelKing, Elana Fisher, Samantha Ford, Amy Goldstein, Josh Keidan, Emma Kornfeld, Jay Meldman, Elana Montalvo, Dannie Morten, Michelle Piacenza, Jenny Rebacz, Rachel Rubens, Elizabeth Schmidt, Lauren Schmidt, Jimmy Seaburg, Elon Sharton-Bierig, Taylor Somach, Simona Stankeviciute, Emily Stanton, Kirby Wells, and Jeremy Zager to be honored; and WHEREAS, Ashley Lapin was selected to be honored by Jack Hicks of the Deerfield Public Library; Nick Gill, Colleen Jackson, and Emily Schwartzwald were selected to be honored by Judy Geuder of the Octagon Club of Deerfield; and WHEREAS, Members of the First Presbyterian Church selected to be honored by Thom Cunningham and Barbara Beard were Nicholas Beard, Nicole Brown, Jeanine Capitani, Jeffrey Carlston, Erik Carrier, Courtney Carroll, Katherine Coen, Emily Dahl, Zachary Herrmann, Adam Hutsell, William Kirchner, Jessica Larson, Melissa Mineau, Kathryn Nollin, Christine Oyama, Mihaela Popescu, Troy Showerman, David Stopps, Nathan Stopps, and Emily Wiscomb; and WHEREAS, Holy Cross School students selected by Lorraine Gawlik to be honored were James Beringer, Jennifer Chaput, Kathleen Cibon, Dayon Denic, Steven Devcich, Michael Eckert, Gina Fiocchi, Kevin Kelly, James Melton, Andrea Nevoral, Thomas O'Bryan, Sonia Piacenza, Jimmy Seaburg, Ella Stone, Caryn Wheeler; and WHEREAS, Members of the Holy Cross Youth Ministry selected by Mary Ann Salemi and Kathleen Gunther to be honored were Amy Babington, Sean Babington, Drew Bradford, Tracy Chaput, Carrie Cunniff, Laura Cunniff, Emily Dempsey, Erin Doherty, Jenny Eck, John Garvey, Molly Garvey, Andy Georgevich, Tommy Greco, Bill Hehemann, Jaime Krakowski, Christopher Larsen, Shannon McGuire, Dan Murray, and Katy Walsh; and WHEREAS, Members of St. Gregory's Episcopal Church selected by Yvonne Masurat to be honored were Philippa Ainsley, Kristy Ballard, Bonnie Balmos, Kristin Baluta, Bryan Cate, Jennifer Cate, Elizabeth Cook, Courtney Coseo, Allison Cully, Jamie Furst, Carrie Graham, Jennifer Hays, Brittany Lees, Katie Lees, Kristin Lindberg, Craig Millspaugh, Kerry Molloy, Alison Nichols, Erin Ober, Mark Ober, Michael Ober, Jaine Peterson, Chris Pontecore, Laura Pontecore, James Roberts, Katharine Ruestow, Sanjiv Sinnaduray, Ellen Smith, Greg Smith, Don Swager, and Jonathon Welker; and WHEREAS, Members of Temple Beth-El selected by Alyssa C. Zuchman to be honored were Cortney Blitz, Amy Carmell, Jamie Marcus, Aron Rosenthal, and Carly Shoenstadt; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the many honorees recognized at the Youth Appreciation ceremony hosted by the Optimist Club of Deerfield and commend the Optimist Club of Deerfield for recognizing the youth of Deerfield for their volunteer work at school, in the community, or in their faith; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Optimist Club of Deerfield. HOUSE RESOLUTION 373 Offered by Representative Howard: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and
[May 24, 2001] 98 WHEREAS, It has come to our attention that Flora Murphy Shaffer is retiring from her position as Great Lakes Regional Director of Information Technology for the United States General Services Administration in Chicago; and WHEREAS, Flora Murphy Shaffer was the first African-American female in the Great Lakes Region to be promoted to the highest Federal Pay Level, GS 15, a history making event; and WHEREAS, Flora Murphy Shaffer is a resident of the southeast side of Chicago; she was born in Maxton, North Carolina; she earned her bachelor's degree in Mathematics from Wilberforce University in Ohio; and WHEREAS, Flora Murphy Shaffer started her career with the Department of Defense thirty years ago by taking the Federal Services Entrance Exam; she later left her position to work in the private sector in the field of Sales and Marketing for four years; she worked for the Veteran's Administration prior to joining the United States General Services Administration in 1980; and WHEREAS, Flora Murphy Shaffer is a life member of Alpha Kappa Alpha Sorority Incorporated and the Wilberforce University National Alumni Association; she is the National Chairman of Annual Alumni Giving, an active member of Blacks in Government and the Armed Forces Communications and Electronics Association; she is also an active member of the Museum Shores Yacht Club and an active member of Our Lady Gate of Heaven Catholic Church for thirty years; and WHEREAS, Flora Murphy Shaffer was recently selected as the Aetna Insurance Historically Black Colleges and Universities Calendar Alumni for 2001 representing Wilberforce University; and WHEREAS, Flora Murphy Shaffer was married to Otha L. Shaffer for thirty-three and a half years; they have one son and two granddaughters, all of whom are Wilberforce University graduates; and WHEREAS, Flora Murphy Shaffer plans to move to Las Vegas, Nevada after retiring; she will spend her free time bowling, playing darts, and power boating; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Flora Murphy Shaffer on her retirement as the Great Lakes Regional Director of Information Technology for the United States General Services Administration in Chicago, and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Flora Murphy Shaffer as an expression of our esteem. HOUSE RESOLUTION 375 Offered by Representative Bill Mitchell: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Malcolm R. Mathias, MD is retiring from his Blue Mound medical practice after sixty years of service; and WHEREAS, Malcolm R. Mathias, MD was born on January 2, 1924 in Macon, Illinois; he is a graduate of Macon Grade School and Macon High School; he attended Milikin University from 1942 until 1943 before enlisting in the United States Army in 1942; and WHEREAS, Dr. Mathias served in the United States Army from June 1943 to February 1946; he was assigned to 10th Military Division in Camp Swift, Texas; and was sent to Italy where he served until the end of the war; and WHEREAS, Dr. Mathias returned to Milikin University in 1946 and
99 [May 24, 2001] graduated with a Bachelor of Science degree in June 1948; he began medical school in September 1948 at the University of Illinois at Chicago, and graduated in June 1952; and WHEREAS, Dr. Mathias interned at Indianapolis General Hospital for one year before joining Dr. Kenneth L. Pistonus in Moweaqua from September 1953 through March 1954; and WHEREAS, Dr. Mathias opened his Blue Mound practice in 1954 and has served the citizens of Blue Mound, Illinois until his retirement; and WHEREAS, Dr. Mathias has been supported by his loving and very proud family, who include his wife of 51 years, Violet, his sons, Gregory, Randy, Douglas, and James, and his grandchildren, Trent, Krista, and Andrew; and WHEREAS, The citizens of Blue Mound will dearly miss Dr. Mathias who has been an essential part of the community for so many years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Malcolm R. Mathias, MD on his retirement from his Blue Mound medical practice after serving the citizens of Blue Mound since 1954; and be it further RESOLVED, That a suitable copy of this resolution be presented to Malcolm R. Mathias, MD as an expression of our esteem. HOUSE RESOLUTION 376 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to congratulate the chess teams of Orrington School and Nichols Middle School in Evanston, who won the primary (K-3) and junior high divisions, respectively, at the Illinois Scholastic Chess Championship, held March 10 and 11 in Collinsville; and WHEREAS, The Orrington team, competing against 40 other schools, earned a score of 20.5, based on the cumulative wins of its top four players, who competed in seven games over two days, each win counting as a point and a draw earning a player one-half point; and WHEREAS, Sasha Boutilier scored 5, winning 1st place for kindergarten; first-grader Jack Mallers also scored 5, earning an individual 14th place overall; Madelaine Martin's score of 5 won her an individual 4th place for third grade; and third-grader Ashok Raife won individual 11th place overall with a score of 5.5; and WHEREAS, After seven games, the top four players of the Nichols team earned a score of 20, with each player contributing five points; Elliot Damashek placed 16th overall; Sam Decker placed 1st for seventh grade; Veronica Metz won 1st place for eighth grade; and Zach Yarnoff won 13th place overall; and WHEREAS, The other members of the Nichols team include Alex Banzhaf, Justin Sandler, Andrew Day, Rueben Doetsch, David Singham, Todd Summers, and Rigel Valentine; their coach is Shawn Decker and their assistant coach is Bill Banzhaf; and WHEREAS, The following members of the Orrington team also had victories at the SuperNationals II championship in Kansas City, Mo., April 26-29: Ashok Raife, Colin Martin, Misha Boutilier, Nicholas R. Jones, Sam Miller, Sammi Warner, and Benjamin Law; and WHEREAS, The other members of the Orrington team include: Charlie Fisher, Travis Law, Sean Mallers, Madelaine Martin, Atticus Robinson, Miles Robinson, and Sarah Seguine-Hall; their coach is Linda Mallers, and their tutor is Miguel Santana; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the chess teams of Orrington School and Nichols Middle School on their victories at the Illinois Scholastic Chess Championship; and be it
[May 24, 2001] 100 further RESOLVED, That suitable copies of this resolution be presented to Orrington School Chess Coach Linda Mallers and Nichols Middle School Chess Coach Shawn Decker as an expression of our esteem. HOUSE RESOLUTION 377 Offered by Representative Art Turner: WHEREAS, The Members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Brian K. Leonard, Public Affairs Representative and Lobbyist for AmerenCIPS, has been promoted to Assistant Regional Manager in the Metro-East Region of Illinois; and WHEREAS, In his 21 years of service to AmerenCIPS, Brian K. Leonard began his career as a Meter Reader-Groundman in Charleston and then served as a Gas Meter Repairman, Customer Service Representative in Mattoon, and Superintendent in Shelbyville, before being named to his former position; and WHEREAS, Brian K. Leonard graduated from East St. Louis Lincoln High School and went on to attend and graduate from Eastern Illinois University with degrees in math and physical education; while in college he served as Co-Captain of the Panthers varsity football team; he then taught school at Charleston High School; he is now returning to his hometown of East St. Louis to supervise day to day operations of the electric and gas utility business; and WHEREAS, Brian K. Leonard has worked diligently with the Black Caucus, promoting ideals of equality and opportunity and inspiring those of African-American heritage; and WHEREAS, Brian K. Leonard is the husband of Monique Leonard and the cherished father of Brian Jr., Natasha, and Jimmie (Jay); and WHEREAS, Brian K. Leonard has volunteered his spare time to serve various community groups, action agencies, and youth programs; and WHEREAS, Brian K. Leonard has been a fellow worker, friend, and confidant to his associates at AmerenCIPS and to many here in the General Assembly; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate our friend Brian Keith Leonard on his promotion to Assistant Regional Manager and wish him continued good fortune in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Brian K. Leonard as an expression of our esteem. HOUSE RESOLUTION 378 Offered by Representative Hultgren: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, It has come to our attention that the DuPage Homeownership Center is celebrating its 10th anniversary of service; and WHEREAS, The DuPage Homeownership Center is a non-profit housing counseling agency created in 1991 as a result of a DuPage County Affordable Housing Task Force Report; it serves the needs of first-time home buyers who are experiencing difficulty entering the DuPage housing market; and WHEREAS, The DuPage Homeownership Center's mission is to increase opportunities for first-time home buyers in DuPage County, as well as preserve homeownership, through education, counseling, outreach and
101 [May 24, 2001] special assistance programs, especially for low-income, minority and single parent households; and WHEREAS, The DuPage Homeownership Center is a public/private partnership that is supported in part by annual membership dues from over 40 area lenders, corporations, and social service agencies, and the Realtor Association of the Western Suburbs; in addition, they receive major funding from the United States Department of Housing and Urban Development, the Grand Victoria Foundation and DuPage County; and WHEREAS, The extensive list of accomplishments of the DuPage Homeownership Center include, providing free prepurchase home buyer education and counseling since 1991; establishing a special mortgage program, The DuPage Homestead Program, for low-income first-time home buyers in 1992 and holding the first free Home Buyer's Fair; in 1994, they began offering free default counseling to DuPage County homeowners in financial crisis and received certification as a housing counseling agency from the United States Department of Housing and Urban Development; and WHEREAS, To date, the DuPage Homeownership Center has helped 695 families purchase homes, including 212 low-income families through the DuPage Homestead Program; in addition, they have helped 260 families prevent foreclosure; as a result of these accomplishments, they have received local, State, and national recognition, including the 1993 Partners in Housing Award from the National Association of Realtors and Fannie Mae, the 1995 Affordable Housing Award from the Mortgage Bankers Association of America, being profiled in President Clinton's 1995 National Homeownership Strategy, being profiled in the Department of Housing and Urban Development's 1996 "Best Practices in Affordable Housing Lending", a 1997 Hope for People Award from Hope Fair Housing Center for work on fair housing issues in DuPage County, a 1999 award from the DuPage County Self-Sufficiency Program, and recognition from former Illinois Governor Jim Edgar; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the DuPage County Homeownership Center on the celebration of its 10th anniversary of service to first-time home buyers in DuPage County; and be it further RESOLVED, That a suitable copy of this resolution be presented to the DuPage Homeownership Center as an expression of our esteem. HOUSE RESOLUTION 379 Offered by Representative Osterman: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Charlie Soo, who recently passed away; and WHEREAS, Charlie Soo was known as "The Mayor of Argyle" for his hard work and activism in the Asian American community; Mr. Soo was the director of the Asian American Small Businessman Association of Chicago, where he worked on many needs of the community, including licensing, special assessments, curbs and gutters, and other items of concern; and WHEREAS, Charlie Soo was born in 1945 in Hawaii to immigrant Chinese parents from Malaysia; he studied at the College of Emporia in Kansas for his bachelor's degree; he attended the University of Illinois in Chicago for graduate studies and eventually received his master's degree from Roosevelt University; and WHEREAS, Mr. Soo served on the Community Development Advisory Committee and the Illinois Economic Development Commission; and WHEREAS, Mr. Soo became a fixture on Argyle Street in the late 1970s, in the area known as New Chinatown; he worked to have the
[May 24, 2001] 102 Chicago Transit Authority invest in a $250,000 renovation of the New Chinatown station, which was decorated with pagoda-style features and bright colors; and WHEREAS, Mr. Soo arranged "Taste of Argyle," which was attended by the late Mayor Harold Washington, Mayor Jane Byrne, and current Mayor Richard Daley; he worked to attract businesses and promote their efforts and helped in community policing efforts; and WHEREAS, The passing of the "Mayor of Argyle" Charlie Soo, will be deeply felt by his many friends and the people whose lives he touched; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of Charlie Soo; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Asian American Small Businessman Association of Chicago in his honor. HOUSE RESOLUTION 381 Offered by Representative Daniels: WHEREAS, The members of the Illinois House of Representatives offer our sincere congratulations to the 2001 Timothy Christian High School Lady Trojans Track and Field Team, Coach Kevin Hackert and Assistant Coach Dan Van Prooyen on their second State championship in three years; and WHEREAS, The Lady Trojans won the Class A Track and Field Championship with a total of 63 points, including first place finishes in the 800 medley and the 1,600 relay events; and WHEREAS, Team members who worked countless hours over the past months include Laura Hamilton, Becky Heerdt, Kathryn Hennis, Amber Stratton, Beth Van Prooyen, Kate Barry, Ashley Jongsma, Rachel Reed, Caitlin Rogers, Brit Salazar, Tafesah Storey, Jessica Verlare, Sharon Voss, Abby Whitmer, Ashley Afman, Heidi Baumbach, Katie Churchill, Amy Dirkse, Fenna Kooima, Elizabeth Pippert, Jessica Sikkema, Larae Woudstra, Brittney Dobbins, Jenny Loerop, Karen Russell, Amanda Torres, Megan Voss, Wendy Zigterman, and Jenny Zylstra; and WHEREAS, Tafesah Storey, in only her junior year, won a very impressive 4 individual medals; and WHEREAS, Senior Laura Hamilton ended an amazing high school career by taking second in the 300 meter intermediate hurdles; and WHEREAS, We recognize the hard work and dedication of Head Coach Kevin Hackert and Assistant Coach Dan Van Prooyen to continue the winning tradition at Timothy Christian High School that includes four Class A Track and Field State Championships in the past nine years; and WHEREAS, We recognize that this victory is also shared by families, friends, the Elmhurst community and the entire student body of Timothy Christian High School, who have supported the team all season; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby offer our congratulations to Head Coach Kevin Hackert, Assistant Coach Dan Van Prooyen and the Lady Trojans of Timothy Christian for once again winning the Class A Track and Field State Championship on May 19, 2001; and be it further RESOLVED, That a suitable copy of this resolution be presented to Head Coach Kevin Hackert, Assistant Coach Dan Van Prooyen, and the entire Timothy Christian Lady Trojan Track and Field Team. HOUSE RESOLUTION 382
103 [May 24, 2001] Offered by Representative Klingler: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Tammy Stack is retiring from Christ the King School in Springfield after 20 years of dedicated service; and WHEREAS, Tammy Stack, a native of Moline, graduated from Western Illinois University; she also served in the United States Peace Corps, where she taught English at Basilan High School in the Philippines for two years; and WHEREAS, Tammy Stack began her teaching career at Christ the King School as a kindergarten and first grade teacher; she later taught the second grade; in addition she also served as a teacher in Peoria and Springfield's District 186 before settling into her career at Christ the King School; and WHEREAS, Tammy Stack is supported by her loving and very proud family, which includes her husband, Tom, and her children, Kevin (wife, Karen), Craig, and Karen; and WHEREAS, Tammy Stack plans to spend her retirement on an Alaskan cruise, fishing, and enjoying retirement life with her husband; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Tammy Stack on her retirement after a career service of 20 years to Christ the King School in Springfield and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Tammy Stack as an expression of our esteem. HOUSE RESOLUTION 383 Offered by Representative Klingler: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Mary Ellen Lesh is retiring from Christ the King School in Springfield after 36 years of dedicated service; and WHEREAS, Mary Ellen Lesh began her teaching career as a volunteer tutor, but was soon drafted into teaching the third grade, where she remained throughout her career; and WHEREAS, Mary Ellen Lesh faced the challenges when Christ the King was bursting with its peak enrollment of 831 students; and WHEREAS, Mary Ellen Lesh has witnessed many changes at Christ the King, including the building of the new church, changing enrollments, several principals, and the building of a new parish center and gymnasium; and WHEREAS, Through all the changes at Christ the King School, Mary Ellen Lesh has remained a "Catholic school principal's dream: committed, cheery, and caring"; and WHEREAS, Mary Ellen Lesh was instrumental in the establishment of St. Martin de Porres Center in Springfield; and WHEREAS, Mary Ellen Lesh was born in Skokie, Illinois to Irish immigrants Emily and Patrick McNeely; she has resided in Springfield since 1963 and is the mother of Erin (husband, Jon) Bauman, Molly (husband, Tom) Rockford, and the late Danny Lesh, and grandmother of Jon, Molly, Emily, and Megan Bauman; and WHEREAS, Mary Ellen Lesh is proud of her Irish heritage and lists St. Patrick's Day as her favorite holiday; she enjoys spending time
[May 24, 2001] 104 with her family, cooking, reading, and bicycling; and WHEREAS, Mary Ellen Lesh plans to spend her retirement traveling, tackling household projects, and spending time with her family and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mary Ellen Lesh on her retirement after 36 years or dedication and service to Christ the King School in Springfield and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mary Ellen Lesh as an expression of our esteem. HOUSE RESOLUTION 384 Offered by Representative McGuire: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Jeffrey Allen was recently appointed by the Illinois Supreme Court to serve on the State's Attorney Registration and Disciplinary Commission; and WHEREAS, Jeffrey Allen, who is currently serving as director of the Will County Legal Assistance Program, will serve a two-year term on the Attorney Registration and Disciplinary Commission, a seven-member commission made up of four attorneys and three non-attorneys that investigates allegations of attorney misconduct; and WHEREAS, In his capacity as director of the Will County Legal Assistance Program, Jeffrey Allen supervises an operation that provides advice, assistance, and representation in civil matters to the county's low-income and indigent residents; and WHEREAS, In addition, Jeffrey Allen is the president of the Joliet Grade School Board; and WHEREAS, Jeffrey Allen looks forward to his new position on the State's Attorney Registration and Disciplinary Commission with great enthusiasm, and promises to promote the highest standards of the law profession; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jeffrey Allen on his appointment to serve on the State's Attorney Registration and Disciplinary Commission; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jeffrey Allen as an expression of our esteem. HOUSE RESOLUTION 386 Offered by Representative Currie: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize significant milestones in the history of businesses of the State of Illinois; and WHEREAS, It has come to our attention that in the month of May, 2001, Cohn & Stern, Inc., located in Hyde Park, celebrated its 50th anniversary of being in business; and WHEREAS, Cohn & Stern, Inc. is well-known for providing fine men's clothing and currently reigns as Hyde Park's oldest retail clothing store; and WHEREAS, In 1951, Herman Cohn, a trained tailor who owned and operated a local dry cleaning business where he also sold suits and ties to order, joined forces with Eric Stern, also a tailor who sold custom suits; Cohn & Stern, Inc. officially opened its doors for business on April 5, 1952; and WHEREAS, During its 50-year history, the extraordinary customer
105 [May 24, 2001] service and quality merchandise provided by Cohn & Stern, Inc. has allowed Cohn & Stern, Inc. to outlast nearly all of Chicago's men's retailers with local origins; and WHEREAS, Howard Cohn, the son of co-founder, Herman Cohn, currently operates the store in the fine tradition that Cohn & Stern, Inc. has exemplified for the last 50 years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Cohn & Stern, Inc. on its 50th anniversary of being in business; and be it further RESOLVED, That a copy of this resolution be presented to Howard Cohn and Herman Cohn as an expression of our esteem. HOUSE RESOLUTION 389 Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize significant milestones in the history of businesses in the State of Illinois; and WHEREAS, Consumers Illinois Water Company ("Consumers") began as the Danville Water Company in 1883, changing its name to Inter-State Water Company in 1913; the Company was purchased by Consumers Water Company in 1986 and became Consumers Illinois Water Company in 1995; Philadelphia Suburban Water Corporation then purchased Consumers Water Company in 1999; thus Consumers Illinois Water Company is a wholly owned subsidiary of Philadelphia Suburban Corporation; and WHEREAS, Through the years, the Company has been a leader in the water treatment and supply field; the Company was one of the first downstate water suppliers to filter a surface water supply as well as one of the first to fluoridate the water supply; the Company has a state-of-the-art treatment facility and was the co-founder of the Lake Vermilion Water Quality Coalition, a very successful watershed protection group; and WHEREAS, Consumers has made significant investment in the Danville area since purchasing the Company in 1986; to date, more than $40 million has been invested in the system; in 1991, Consumers doubled the impoundment of Lake Vermilion, making improvements at the Lake Vermilion Dam and raising the water level in the lake by five feet; this improvement will provide for an adequate water supply well into the future; the water plant was built in 1990-1992, coming on line in February 1992 and offers protection from flooding; an additional water clarifier was added to the existing facility in 1995 to keep pace with ever more stringent drinking water regulations; in 2000, a very significant addition was made to the treatment facility, with the first ion exchange nitrate removal plant built in the State of Illinois for a surface water treatment plant; this addition will insure compliance with drinking water standards for nitrate; and WHEREAS, Throughout the fifteen years of ownership, Consumers has also invested millions of dollars in the water distribution system, replacing undersized and old water mains and making numerous other system improvements; the company works closely with the City of Danville and the Danville Area Economic Development Corporation to retain current businesses and attract new ones while improving the infrastructure of a water system that is more than 118 years old; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Consumers Illinois Water Company on its fifteen years of doing business in Danville and continuing an enterprise that is 118 years old; and be it further
[May 24, 2001] 106 RESOLVED, That a suitable copy of this Resolution be delivered to the Chief Executive Officer of Consumers Illinois Water Company as an expression of our esteem. HOUSE RESOLUTION 391 Offered by Representative Fowler: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize outstanding teams in the State of Illinois; and WHEREAS, It has come to our attention that the Lady Saints of Shawnee Community College finished fourth in the nation in the NJCAA Division II Women's National Softball Tournament; and WHEREAS, The Lady Saints accomplished this challenge by first capturing the Region 24 Softball Title with a championship victory over Lewis and Clark College by the score of 11-3; they then went on to the National Junior College Athletic Association interstate playoffs in which they defeated River Forest in a double header series by the scores of 4-2 and 5-0; with a record of 39-24, the Lady Saints moved on to their second consecutive appearance at the National Junior College Athletic Association in Phoenix, Arizona; and WHEREAS, The Lady Saints defeated Macomb College in the first game of the NJCAA Division II Women's National Softball Tournament by the score of 5-0; they suffered a set back in their loss to Kankakee by the score of 13-1 but regrouped in a win over Mississippi Gulf Coast by the score of 6-5; the Lady Saints were later defeated by Phoenix College by the score of 5-0 and thereby, ended their outstanding season with a record of 49 wins and 29 losses; and WHEREAS, The members of the Lady Saints are Becca Grisham, Kelley Miller, Monique Thompson, Toni Johnson, Kara Forthman, Michelle Lunsford, Sara Waters, Miranda Miller, Abbey Bormann, Erin Cunningham, Elizabeth Smith, Amanda Jones, Crystal Barz, Kirsten Stringer, Krissy Eudy, Erica McDonald, Stephanie Genisio, Raegan Anderson, Stephanie Eastman, Erin Hoffman, and Gretchin Enrick; the coach is Warren Koch; the assistant coaches are Michelle Bradley and Ambeus Bradley; and WHEREAS, Although their season may of ended early, the Lady Saints displayed outstanding sportmanship and dedication not only for their coach, but also to Shawnee Community College, their fans, and the Ullin community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Shawnee Community College Lady Saints softball team on their outstanding season this year; and be it further RESOLVED, That suitable copies of this resolution be presented to Coach Warren Koch and each member of the Shawnee Community College Women's softball team as an expression of our esteem. HOUSE RESOLUTION 392 Offered by Representative Mautino: WHEREAS, The members of the Illinois House of Representatives are honored to recognize the outstanding achievements in the lives of the citizens of the State of Illinois; and WHEREAS, Blouke Carus was named the 2001 Manufacturing Man of the Year by the Manufacturing Technology and Management Program at the Illinois Institute of Technology; and WHEREAS, Blouke Carus is the chairman of Carus Corporation and Carus Publishing Co. of Peru; he established the children's magazine group known as Cricket with his wife, Marianne, in 1973; and WHEREAS, His lifelong commitment to education through his work in publishing has led to active involvement with many notable groups; he
107 [May 24, 2001] has received a presidential appointment to the National Council on Education Research; he has chaired the Illinois Manufacturers Association's Education Committee and served on the Illinois Governor's Task Force on School-to-Work Transition; Blouke Carus established the International Baccalaureate North America; and he is currently the chairman of the Illinois Valley Education-to-Careers Partnership; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Blouke Carus on being named 2001 Manufacturing Man of the Year; and be it further RESOLVED, That a suitable copy of this resolution be presented to Blouke Carus. HOUSE RESOLUTION 393 Offered by Representative Mendoza: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Leonard W. Nickel, who passed away into eternal life on May 16, 2001; and WHEREAS, Leonard W. Nickel was born on February 14, 1945 in Vincennes, Indiana to Wilhelm and Lela Nickel; he married Gwendolyn K. Schweizer on September 19, 1965; and WHEREAS, Leonard W. Nickel graduated in 1969 from Southern Illinois University in Carbondale with a bachelor of arts in history, and in 1970 with a master of science in education; he taught American history at Carbondale Community High School for thirty years, in which time he made an indelible impression upon the minds of hundreds of students, many of whom have gone on to become teachers because of Mr. Nickel's influence on their lives; and WHEREAS, Leonard W. Nickel was a second term member on the Jackson County Board, where he served as Chairman of the Jackson County Rehabilitation and Care Center and as Chairman of the Road and Bridge Committee; in addition, he was also serving as a member of the Southern Illinois Tourism Board and served for two years with the Shawnee Resource and Development Board; and WHEREAS, Leonard W. Nickel was a member of Oak Grove United Methodist Church in Makanda; he was affiliated with the following organizations: the National Education Association, the Illinois Education Association, the Southern Illinois University Alumni Association, Ducks Unlimited, the National Rifle Association, and the National Wild Turkey Federation; and WHEREAS, Leonard W. Nickel's hobbies included Civil War and World War II re-enactments, hunting, fishing, high school theater, construction, and masonry; he served as the Carbondale Community High School Junior Class Sponsor, overseeing the High School Junior-Senior Prom and enjoyed working with high school students in all capacities and at any hour, representing with his life's work the true meaning of volunteerism and caring; he also enjoyed collecting antique weapons and other historical artifacts at auctions and yard sales, where he was known as "The King of Yard Sales"; and WHEREAS, The passing of Leonard W. Nickel will be deeply felt by all who knew and loved him, especially his wife, Gwendolyn; his daughters, Heather Lynn and Anne Elizabeth Nickel; his son, Daniel Austin Nickel; his mother, Lela Nickel; and the faculty, staff and countless number of students, past and present, at Carbondale Community High School; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with
[May 24, 2001] 108 all who knew him, the death of Leonard W. Nickel of Carbondale, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Leonard W. Nickel with our sincere condolences. HOUSE RESOLUTION 394 Offered by Representatives Daniels - Bost - Moffitt - Parke - Poe, Saviano, Stephens and Black: WHEREAS, The members of the Illinois House of Representatives are pleased to honor outstanding contributions by organizations of the State of Illinois; and WHEREAS, The Order of DeMolay International is an organization dedicated to preparing young men to lead successful, happy, and productive lives; and WHEREAS, The Order of DeMolay International opens doors for young men aged 12 to 21 by developing civic awareness, personal responsibility, and leadership skills so vitally needed in society today; and WHEREAS, The Order of DeMolay International combines a serious mission with a fun approach that builds important bonds of friendship among members in more than 1,000 chapters worldwide; and WHEREAS, Over the years, the Order of DeMolay International has had many distinguished members, and they include Walt Disney, John Wayne, Walter Cronkite, Fran Tarkenton, Tom Osborne, David Goodnow, and many others; and WHEREAS, During the 81st International Supreme Council Session held in Anaheim, California from June 13 through June 16, Gregory R. Klemm of Elgin, Illinois will be officially elected to the office of Grand Master; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Order of DeMolay International for their dedication and service to the youth of Illinois; and we congratulate Gregory R. Klemm of Elgin, Illinois on being elected to the office of Grand Master at the 81st Supreme Council Session in Anaheim, California in June 2001; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Order of DeMolay International and to Gregory R. Klemm as an expression of our esteem. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 370 Offered by Representative Madigan: WHEREAS, Immigrants have for centuries come to the United States seeking a better life and have contributed to the country through their sweat and toil; and WHEREAS, Immigrants seek only to pursue a better quality of life for themselves and their children through good education, better health care, and more opportunities; and WHEREAS, Immigrants are hard-working, tax-paying contributors to their communities and have helped revitalize decaying urban city areas with new businesses and new housing, contributing to the growth of our economy; and
109 [May 24, 2001] WHEREAS, Immigrant workers contribute in a positive way to our economy, paying billions in taxes each year, yet are often unable to reap the benefits of those taxes paid; and WHEREAS, The ability of immigrant workers to organize has been increasingly threatened by current immigration law and its enforcement, which has been used to retaliate against immigration workers who organize with a union and protest against sweatshop conditions; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that declare June 15 through June 23, 2001 as Immigrant Worker Justice Week to honor the hundreds of thousands of immigrant workers in Illinois; and be it further RESOLVED, That the Illinois House of Representatives supports reform of our Federal immigration laws to allow the many hard working immigrants in Illinois to work towards becoming citizens through a legalization program; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of the Illinois congressional delegation HOUSE RESOLUTION 372 Offered by Representative Winkel: WHEREAS, There have been growing concerns for safety of all persons driving through or working in highway work zones; and WHEREAS, These worries are increased as the Department of Transportation prepares for the full scale implementation of Illinois FIRST, meaning even more highway work zones and the more potentially hazardous situations along highways; and WHEREAS, During the year 2000, there were 37 fatalities resulting from accidents that occurred in work zones in Illinois; and WHEREAS, During the year 2000, there were over 3000 people injured in accidents that occurred in work zones in Illinois; and WHEREAS, This was a dramatic increase in the number of both of these statistics from previous years; and WHEREAS, It is necessary to increase public awareness with regards to the special speed limits and increased penalties for speeding in work zones; and WHEREAS, The Illinois Department of Transportation and the Illinois Department of State Police have begun several initiatives in Illinois to address work zone safety, which include: 1. Hiring off duty State troopers to enforce traffic violations in work zones; the funding level from the Road Fund for this purpose has steadily increased to the current level of $1 million which funds approximately 20,000 hours; and 2. This year alone, the Illinois Department of Transportation developed five Public Service Announcements to educate motorists and make them aware of the hazards associated with driving through work zones; the Illinois Department of Transportation has spent $180,000 purchasing radio and television spots to run these Public Service Announcements; and 3. The Department of Transportation has revised the standards for traffic control for highway maintenance activities; these revisions include the use of brighter strobe lights on the maintenance vehicles and increased use of shadow vehicles equipped with arrow boards and truck mounted attenuators; and 4. This year, the Illinois State Police began to utilize their surveillance airplanes to enforce speeds in work zones; and WHEREAS, House Bill 198 provides that the course of instruction
[May 24, 2001] 110 given in grades 10 through 12 concerning the Illinois Vehicle Code must include instruction on special hazards existing at, and required extra safety and driving precautions that must be observed at, highway construction and maintenance zones; and WHEREAS, House Bill 3246 increases the penalties for a second or subsequent violation of a work zone speed limit; and WHEREAS, Both House Bill 198 and House Bill 3246 have passed both the Illinois House of Representatives and the Illinois Senate with unanimous support; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize the Illinois Department of Transportation and the Illinois State Police for their efforts to promote public awareness and safety in highway work zones, and we encourage the continuation of their programs that do so; and be it further RESOLVED, That we urge the continued funding by the Illinois Department of Transportation and the Illinois State Police of their initiatives to address work zone safety; and be it further RESOLVED, That we urge the Governor of the State of Illinois to sign House Bill 198 and House Bill 3246; and be it further RESOLVED, That we commit to do everything in our power as members of the House of Representatives to promote public awareness of highway work zone safety; and be it further RESOLVED, That suitable copies of this resolution be presented to the Governor of the State of Illinois, the Secretary of the Illinois Department of Transportation, the Director of State Police, and to each member of the Illinois General Assembly. HOUSE RESOLUTION 374 Offered by Representative Mulligan: WHEREAS, The General Assembly supports the sentiments set forth by the Olmstead Decision which held states responsible for providing for persons with disabilities in the most integrated setting, and therefore states are required to reasonably modify their service delivery systems to maintain a range of placement and service options for the care and treatment of diverse disabilities and to effectively administer those options; and WHEREAS, Expansion of community-based programs was first encouraged nationally by a growing number of individuals with developmental disabilities awaiting services; and WHEREAS, Illinois was one of the first states in the nation to fund community-based services for individuals with developmental disabilities; and WHEREAS, There is an estimated 144,540 Illinois citizens who have substantial developmental disabilities that have occurred before the age of 18; and WHEREAS, According to the most recently published statistics, Illinois is currently ranked 39th in the nation in the proportion of a state's aggregate income that is committed to financing community-based services for individuals with developmental disabilities; and WHEREAS, Illinois is one of four states that does not currently maintain a statewide waiting list to determine the level of unmet need; and WHEREAS, The General Assembly recognizes the discrepancy between the State's economic well-being (Illinois is currently ranked 9th nationally in personal income per capita) and the lack of funding dedicated to improving the community-based service system for individuals with developmental disabilities in Illinois; and WHEREAS, The General Assembly further recognizes the need to
111 [May 24, 2001] address this discrepancy and improve the State's community-based services for individuals with developmental disabilities to meet the rising level of need; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that a Task Force be established to study services for the developmentally disabled; and be it further RESOLVED, That under the auspices of the Office of the Governor, the task force shall be responsible for doing the following: 1. Studying the level of need for community-based services; and 2. Studying the status of community-based services for the developmentally disabled throughout the State; and 3. Assessing the level of services and their adequacy in meeting the level of need; and 4. Developing recommendations for improving the community-based service delivery system and addressing gaps in these services; and 5. Developing recommendations for the State to expand funding sources for these services; and 6. Developing recommendations to anticipate the level of need for these services or alternatives to a waiting list; and be it further RESOLVED, The Task Force shall have a total of 20 members consisting of 2 members appointed by the Majority and Minority Leaders in the House of Representatives and 16 members to be appointed by the Governor to represent the Department of Human Services, providers of community-based services for individuals with developmental disabilities; and experts on the State service system for individuals with developmental disabilities; and be it further RESOLVED, The Task Force shall present a report of their findings and recommendations to the General Assembly and the Governor no later than October 1, 2002; and be it further RESOLVED, That a suitable copy of this resolution be provided to the Office of the Governor and the Secretary of the Department of Human Services. HOUSE RESOLUTION 381 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE BILLS ON SECOND READING Having been read by title a second time on May 22, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 2698. 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 Madigan, HOUSE BILL 2698 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)
[May 24, 2001] 112 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 THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Smith, SENATE BILL 933 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, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RECALLS By unanimous consent, on motion of Representative May, SENATE BILL 1283 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Daniels, SENATE BILL 1493 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 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. HOUSE BILLS ON SECOND READING HOUSE BILL 2370. Having been recalled on May 23, 2001, and held on the order of Second Reading, the same was again taken up. Representative Madigan offered and withdrew Amendment No. 3. Representative Madigan offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO HOUSE BILL 2370 AMENDMENT NO. 4. Amend House Bill 2370, AS AMENDED, by replacing everything after the enacting clause with the following:
113 [May 24, 2001] "Section 5. The Illinois Pension Code is amended by changing Sections 15-135, 15-145, 15-146, and 15-153.3 and adding Section 15-167.3 as follows: (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135) Sec. 15-135. Retirement annuities - Conditions. (a) A participant who retires in one of the following specified years with the specified amount of service is entitled to a retirement annuity at any age under the retirement program applicable to the participant: 35 years if retirement is in 1997 or before; 34 years if retirement is in 1998; 33 years if retirement is in 1999; 32 years if retirement is in 2000; 31 years if retirement is in 2001; 30 years if retirement is in 2002 or later.
[May 24, 2001] 114 annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions, shall receive a survivors annuity of 30% of the final rate of earnings. Payments shall begin on the day following the participant's or annuitant's death or the date the surviving spouse attains age 50, whichever is later, and continue until the death of the surviving spouse. The annuity shall be payable to the surviving spouse prior to attainment of age 50 if the surviving spouse has in his or her care a deceased participant's or annuitant's dependent unmarried child under age 18 (under age 22 if a full-time student) who is eligible for a survivors annuity. Remarriage of a surviving spouse prior to attainment of age 55 that occurs before the effective date of this amendatory Act of the 91st General Assembly shall disqualify him or her for the receipt of a survivors annuity until July 6, 2000. A surviving spouse whose survivors annuity has been terminated due to remarriage may apply for reinstatement of that annuity. The reinstated annuity shall begin to accrue on July 6, 2000, except that if, on July 6, 2000, the annuity is payable to an eligible surviving child or parent, payment of the annuity to the surviving spouse shall not be reinstated until the annuity is no longer payable to any eligible surviving child or parent. The reinstated annuity shall include any one-time or annual increases received prior to the date of termination, as well as any increases that would otherwise have accrued from the date of termination to the date of reinstatement. An eligible surviving spouse whose expectation of receiving a survivors annuity was lost due to remarriage before attainment of age 50 shall also be entitled to reinstatement under this subsection, but the resulting survivors annuity shall not begin to accrue sooner than upon the surviving spouse's attainment of age 50. The changes made to this subsection by this amendatory Act of the 92nd General Assembly (pertaining to remarriage prior to age 55 or 50) apply without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act. (c) Each dependent unmarried child under age 18 (under age 22 if a full-time student) of a deceased participant, or of a deceased annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions, shall receive a survivors annuity equal to the sum of (1) 20% of the final rate of earnings, and (2) 10% of the final rate of earnings divided by the number of children entitled to this benefit. Payments shall begin on the day following the participant's or annuitant's death and continue until the child marries, dies, or attains age 18 (age 22 if a full-time student). If the child is in the care of a surviving spouse who is eligible for survivors insurance benefits, the child's benefit shall be paid to the surviving spouse. Each unmarried child over age 18 of a deceased participant or of a deceased annuitant who had a survivor's insurance beneficiary at the time of his or her retirement, and who was dependent upon the participant or annuitant by reason of a physical or mental disability which began prior to the date the child attained age 18 (age 22 if a full-time student), shall receive a survivor's annuity equal to the sum of (1) 20% of the final rate of earnings, and (2) 10% of the final rate of earnings divided by the number of children entitled to survivors benefits. Payments shall begin on the day following the participant's or annuitant's death and continue until the child marries, dies, or is no longer disabled. If the child is in the care of a surviving spouse who is eligible for survivors insurance benefits, the child's benefit may be paid to the surviving spouse. For the purposes of this Section, disability means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental
115 [May 24, 2001] impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of at least one year. (d) Each dependent parent of a deceased participant, or of a deceased annuitant who did not take a refund or additional annuity consisting of accumulated survivors insurance contributions, shall receive a survivors annuity equal to the sum of (1) 20% of final rate of earnings, and (2) 10% of final rate of earnings divided by the number of parents who qualify for the benefit. Payments shall begin when the parent reaches age 55 or the day following the participant's or annuitant's death, whichever is later, and continue until the parent dies. Remarriage of a parent prior to attainment of age 55 shall disqualify the parent for the receipt of a survivors annuity. (e) In addition to the survivors annuity provided above, each survivors insurance beneficiary shall, upon death of the participant or annuitant, receive a lump sum payment of $1,000 divided by the number of such beneficiaries. (f) The changes made in this Section by Public Act 81-712 pertaining to survivors annuities in cases of remarriage prior to age 55 shall apply to each survivors insurance beneficiary who remarries after June 30, 1979, regardless of the date that the participant or annuitant terminated his employment or died. The change made to this Section by this amendatory Act of the 91st General Assembly, pertaining to remarriage prior to age 55, applies without regard to whether the deceased participant or annuitant was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (g) On January 1, 1981, any person who was receiving a survivors annuity on or before January 1, 1971 shall have the survivors annuity then being paid increased by 1% for each full year which has elapsed from the date the annuity began. On January 1, 1982, any survivor whose annuity began after January 1, 1971, but before January 1, 1981, shall have the survivor's annuity then being paid increased by 1% for each year which has elapsed from the date the survivor's annuity began. On January 1, 1987, any survivor who began receiving a survivor's annuity on or before January 1, 1977, shall have the monthly survivor's annuity increased by $1 for each full year which has elapsed since the date the survivor's annuity began. (h) If the sum of the lump sum and total monthly survivor benefits payable under this Section upon the death of a participant amounts to less than the sum of the death benefits payable under items (2) and (3) of Section 15-141, the difference shall be paid in a lump sum to the beneficiary of the participant who is living on the date that this additional amount becomes payable. (i) If the sum of the lump sum and total monthly survivor benefits payable under this Section upon the death of an annuitant receiving a retirement annuity or disability retirement annuity amounts to less than the death benefit payable under Section 15-142, the difference shall be paid to the beneficiary of the annuitant who is living on the date that this additional amount becomes payable. (j) Effective on the later of (1) January 1, 1990, or (2) the January 1 on or next after the date on which the survivor annuity begins, if the deceased member died while receiving a retirement annuity, or in all other cases the January 1 nearest the first anniversary of the date the survivor annuity payments begin, every survivors insurance beneficiary shall receive an increase in his or her monthly survivors annuity of 3%. On each January 1 after the initial increase, the monthly survivors annuity shall be increased by 3% of the total survivors annuity provided under this Article, including previous increases provided by this subsection. Such increases shall apply to
[May 24, 2001] 116 the survivors insurance beneficiaries of each participant and annuitant, whether or not the employment status of the participant or annuitant terminates before the effective date of this amendatory Act of 1990. This subsection (j) also applies to persons receiving a survivor annuity under the portable benefit package. (k) If the Internal Revenue Code of 1986, as amended, requires that the survivors benefits be payable at an age earlier than that specified in this Section the benefits shall begin at the earlier age, in which event, the survivor's beneficiary shall be entitled only to that amount which is equal to the actuarial equivalent of the benefits provided by this Section. (l) The changes made to this Section and Section 15-131 by this amendatory Act of 1997, relating to benefits for certain unmarried children who are full-time students under age 22, apply without regard to whether the deceased member was in service on or after the effective date of this amendatory Act of 1997. These changes do not authorize the repayment of a refund or a re-election of benefits, and any benefit or increase in benefits resulting from these changes is not payable retroactively for any period before the effective date of this amendatory Act of 1997. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.) (40 ILCS 5/15-146) (from Ch. 108 1/2, par. 15-146) Sec. 15-146. Survivors insurance benefits - Minimum amounts. (a) The minimum total survivors annuity payable on account of the death of a participant shall be 50% of the retirement annuity which would have been provided under Rule 1, Rule 2, Rule 3, or Rule 5 of Section 15-136 upon the participant's attainment of the minimum age at which the penalty for early retirement would not be applicable or the date of the participant's death, whichever is later, on the basis of credits earned prior to the time of death. (b) The minimum total survivors annuity payable on account of the death of an annuitant shall be 50% of the retirement annuity which is payable under Section 15-136 at the time of death or 50% of the disability retirement annuity payable under Section 15-153.2. This minimum survivors annuity shall apply to each participant and annuitant who dies after September 16, 1979, whether or not his or her employee status terminates before or after that date. (c) If an annuitant has elected a reversionary annuity, the retirement annuity referred to in this Section is that which would have been payable had such election not been filed. (d) Beginning January 1, 2002, any person who is receiving a survivors annuity under this Article which, after inclusion of all one-time and automatic annual increases to which the person is entitled, is less than the sum of $17.50 for each year (up to a maximum of 30 years) of the deceased member's service credit, shall be entitled to a monthly supplemental payment equal to the difference. If 2 or more persons are receiving survivors annuities based on the same deceased member, the calculation of the supplemental payment under this subsection shall be based on the total of those annuities and divided pro rata. The supplemental payment is not subject to any limitation on the maximum amount of the annuity and shall not be included in the calculation of any automatic annual increase under Section 15-145. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.) (40 ILCS 5/15-153.3) (from Ch. 108 1/2, par. 15-153.3) Sec. 15-153.3. Automatic increase in disability benefit. Each disability benefit payable under Section 15-150 and calculated under Section 15-153 or 15-153.2 that has not yet received an initial
117 [May 24, 2001] increase under this Section shall be increased by 0.25% of the monthly disability benefit multiplied by the number of full months that have elapsed since the benefit began
[May 24, 2001] 118 businesses, female-owned businesses, and businesses owned by persons with disabilities as subcontractors when the opportunity arises. (d) With respect to this System, this Section supersedes the provisions of subsection (4) of Section 1-109.1 of this Code. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was ordered engrossed; and the bill, as amended, was again advanced to the order of Third Reading. SENATE BILLS ON THIRD READING On motion of Representative Smith, SENATE BILL 2370 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RECESS At the hour of 2:19 o'clock p.m., Representative Madigan moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 5:12 o'clock p.m., the House resumed its session. Representative Hartke in the Chair. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 5:13 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 446, having been printed, was taken up for consideration. Representative Wirsing moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 110, Yeas; 1, Nays; 1, Answering Present. (ROLL CALL 6) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 446. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING
119 [May 24, 2001] The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Wait, SENATE BILL 1284 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 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 1277, having been printed, was taken up for consideration. Representative Cowlishaw moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 113, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 8) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1277. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 1096, having been printed, were taken up for consideration. Representative Winkel moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. Pending discussion, Representative Cross moved the previous question. And on that motion, a vote was taken resulting as follows: 97, Yeas; 10, Nays; 7, Answering Present. (ROLL CALL 9) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 1096. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 1810, having been printed, was taken up for consideration. Representative Kurtz moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 111, Yeas; 1, Nays; 2, Answering Present. (ROLL CALL 10) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1810. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 1011, having been printed, was taken up for consideration. Representative Smith moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 106, Yeas; 7, Nays; 0, Answering Present.
[May 24, 2001] 120 (ROLL CALL 11) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1011. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 3055, having been printed, was taken up for consideration. Representative Fowler moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3055. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 754. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Cities & Villages, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 754 AMENDMENT NO. 1. Amend Senate Bill 754 by replacing the title with the following: "AN ACT in relation to public works."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Building Commission Act is amended by changing Section 1 as follows: (20 ILCS 3918/1) Sec. 1. Short Title
121 [May 24, 2001] the title and edition, or the amendment to the public on the Internet through the State of Illinois World Wide Web site. The Commission may adopt any rules necessary to implement this Section. For the purposes of this Section, "building code" means any ordinance, resolution, law, housing or building code, or zoning ordinance that establishes construction related activities applicable to structures in a municipality or county, as the case may be. Section 10. The Counties Code is amended by changing Sections 5-1063 and 5-1064 as follows: (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063) Sec. 5-1063. Building construction, alteration and maintenance. For the purpose of promoting and safeguarding the public health, safety, comfort and welfare, a county board may prescribe by resolution or ordinance reasonable rules and regulations (a) governing the construction and alteration of all buildings, structures and camps or parks accommodating persons in house trailers, house cars, cabins or tents and parts and appurtenances thereof and governing the maintenance thereof in a condition reasonably safe from hazards of fire, explosion, collapse, electrocution, flooding, asphyxiation, contagion and the spread of infectious disease, where such buildings, structures and camps or parks are located outside the limits of cities, villages and incorporated towns, but excluding those for agricultural purposes on farms including farm residences, but any such resolution or ordinance shall be subject to any rule or regulation heretofore or hereafter adopted by the State Fire Marshal pursuant to "An Act to regulate the storage, transportation, sale and use of gasoline and volatile oils", approved June 28, 1919, as amended; (b) for prohibiting the use for residential purposes of buildings and structures already erected or moved into position which do not comply with such rules and regulations; and (c) for the restraint, correction and abatement of any violations. In addition, the county board may by resolution or ordinance require that each occupant of an industrial or commercial building located outside the limits of cities, villages and incorporated towns obtain an occupancy permit issued by the county. Such permit may be valid for the duration of the occupancy or for a specified period of time, and shall be valid only with respect to the occupant to which it is issued. Within 30 days after its adoption, such resolution or ordinance shall be printed in book or pamphlet form, published by authority of the County Board; or it shall be published at least once in a newspaper published and having general circulation in the county; or if no newspaper is published therein, copies shall be posted in at least 4 conspicuous places in each township or Road District. No such resolution or ordinance shall take effect until 10 days after it is published or posted. Where such building or camp or park rules and regulations have been published previously in book or pamphlet form, the resolution or ordinance may provide for the adoption of such rules and regulations or portions thereof, by reference thereto without further printing, publication or posting, provided that not less than 3 copies of such rules and regulations in book or pamphlet form shall have been filed, in the office of the County Clerk, for use and examination by the public for at least 30 days prior to the adoption thereof by the County Board. Beginning on the effective date of this amendatory Act of the 92nd General Assembly, any county adopting a new building code or amending an existing building code under this Section must, at least 30 days before adopting the building code or amendment, provide an identification of the building code, by title and edition, or the
[May 24, 2001] 122 amendment to the Illinois Building Commission for identification on the Internet. For the purposes of this Section, "building code" means any ordinance, resolution, law, housing or building code, or zoning ordinance that establishes construction related activities applicable to structures in the county. The violation of any rule or regulation adopted pursuant to this Section, except for a violation of the provisions of this amendatory Act of the 92nd General Assembly and the rules and regulations adopted under those provisions, shall be a petty offense. All rules and regulations enacted by resolution or ordinance under the provisions of this Section shall be enforced by such officer of the county as may be designated by resolution of the County Board. No such resolution or ordinance shall be enforced if it is in conflict with any law of this State or with any rule of the Department of Public Health. (Source: P.A. 86-962.) (55 ILCS 5/5-1064) (from Ch. 34, par. 5-1064) Sec. 5-1064. Buildings in certain counties of less than 1,000,000 population. The county board in any county with a population not in excess of 1,000,000 located in the area served by the Northeastern Illinois Metropolitan Area Planning Commission may prescribe by resolution or ordinance reasonable rules and regulations (a) governing the construction and alteration of all buildings and structures and parts and appurtenances thereof and governing the maintenance thereof in a condition reasonably safe from the hazards of fire, explosion, collapse, contagion and the spread of infectious disease, but any such resolution or ordinance shall be subject to any rule or regulation now or hereafter adopted by the State Fire Marshal pursuant to "An Act to regulate the storage, transportation, sale and use of gasoline and volatile oils", approved June 28, 1919, as amended, (b) for prohibiting the use for residential purposes of buildings and structures already erected or moved into position which do not comply with such rules and regulations, and (c) for the restraint, correction and abatement of any violations. However, the county shall exempt all municipalities located wholly or partly within the county where the municipal building code is equal to the county regulation and where the local authorities are enforcing the municipal building code. Such rules and regulations shall be applicable throughout the county but this Section shall not be construed to prevent municipalities from establishing higher standards nor shall such rules and regulations apply to the construction or alteration of buildings and structures used or to be used for agricultural purposes and located upon a tract of land which is zoned and used for agricultural purposes. In the adoption of rules and regulations under this Section the county board shall be governed by the publication and posting requirements set out in Section 5-1063. Beginning on the effective date of this amendatory Act of the 92nd General Assembly, any county adopting a new building code or amending an existing building code under this Section must, at least 30 days before adopting the building code or amendment, provide an identification of the building code, by title and edition, or the amendment to the Illinois Building Commission for identification on the Internet. For the purposes of this Section, "building code" means any ordinance, resolution, law, housing or building code, or zoning ordinance that establishes construction related activities applicable to structures in the county. Violation of any rule or regulation adopted pursuant to this Section, except for a violation of the provisions of this amendatory Act of the 92nd General Assembly and the rules and regulations adopted
123 [May 24, 2001] under those provisions, shall be deemed a petty offense. All rules and regulations enacted by resolution or ordinance under the provisions of this Section shall be enforced by such officer of the county as may be designated by resolution of the county board. (Source: P.A. 86-962.) Section 15. The Illinois Municipal Code is amended by adding Section 1-2-3.1 as follows: (65 ILCS 5/1-2-3.1 new) Sec. 1-2-3.1. Building codes. Beginning on the effective date of this amendatory Act of the 92nd General Assembly, any municipality with a population of less than 1,000,000 adopting a new building code or amending an existing building code must, at least 30 days before adopting the code or amendment, provide an identification of the code, by title and edition, or the amendment to the Illinois Building Commission for identification on the Internet. For the purposes of this Section, "building code" means any ordinance, resolution, law, housing or building code, or zoning ordinance that establishes construction related activities applicable to structures in the municipality. Section 99. Effective date. This Act takes effect on July 1, 2002.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was again held on the order of Second Reading. HOUSE BILLS ON SECOND READING HOUSE BILL 3143. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on State Procurement, adopted and printed: "GET AMENDMENT NO. 1 HERE". 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. SENATE BILLS ON SECOND READING SENATE BILL 188. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Executive, adopted and printed: "GET AMENDMENT NO. 1 HERE". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. RESOLUTIONS
[May 24, 2001] 124 The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 385 Offered by Representative Moffitt: WHEREAS, The United States currently faces its most serious energy shortage since the oil embargoes of the 1970's; and WHEREAS, The United States' energy consumption is expected to increase by approximately 32% by the year 2020; and WHEREAS, Domestic, renewable, and alternative fuels such as ethanol and biodiesel offer hope for America's future; and WHEREAS, President Bush's National Energy Policy recommends that a sound national energy policy should encourage a clean and diverse portfolio of domestic energy supplies so that future generations of Americans will have access to the energy they need; and WHEREAS, The continued growth of renewable energy will continue to be important in delivering larger supplies of clean, domestic power for America's growing economy; and WHEREAS, President Bush's National Energy Policy recommends increased funding for renewable energy and energy efficiency research and development programs that are performance-based and cost-shared, and WHEREAS, Biomass, unlike other renewable energy sources, can be converted directly into liquid fuels, called biofuels, to meet our transportation needs; the two most common are ethanol and biodiesel; and WHEREAS, The development of biomass benefits rural economies that produce crops used for biomass, particularly ethanol and biomass electricity generation; and WHEREAS, Ethanol is the most widely used biofuel, and its production has increased sharply since 1980, rising from 200 million gallons per year to 1.9 billion gallons; and WHEREAS, There are currently approximately 450,000 alternative fuel vehicles in the United States, and more than 1.5 million flexible-fuel vehicles that can use gasoline or a mixture of ethanol and gasoline; and WHEREAS, The State of Illinois is considering eliminating the use of MTBE which will likely increase our reliance on ethanol; and WHEREAS, Alternative fuels not only reduce dependence on petroleum transportation fuels, they also reduce or entirely eliminate harmful emissions; and WHEREAS, The National Energy Policy Development Group recommends that the President direct the Secretary of Treasury to work with Congress to continue the ethanol excise tax exemption; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the President of the United States and the United States Congress to ensure ethanol and biodiesel are included as part of any lasting energy policy; and be it further RESOLVED, That we urge the President of the United States and the United States Congress to promote the production and use of ethanol and biodiesel by providing these fuels a prominent place in national energy policy; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the President of the United States and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 387
125 [May 24, 2001] Offered by Representative Zickus: WHEREAS, In November 1998 voters in Consolidated High School District 230 passed an $118 million bond referendum, one of the largest in Illinois history, to finance the renovation of three schools; and WHEREAS, The total cost of the renovation project is now estimated at $131 million; and WHEREAS, The renovation project was originally scheduled to be completed in 2001; and WHEREAS, The completion date has been postponed to late in the year 2002; and WHEREAS, In addition to substantial cost-overruns and delays, various questions have been raised concerning the management of the project, including whether on-going renovations pose a health risk to students, whether relationships between members of the construction oversight committee and the architectural firm overseeing the project pose a conflict of interest, and whether bid specifications have been narrowly drawn thereby limiting competition and/or increasing costs; and WHEREAS, Other issues related to the management of Consolidated High School District 230 include ownership of a school-related consulting firm by top officials of District 230 and the School Board's granting of a 37% pay hike and additional benefits to the retiring Superintendent; and WHEREAS, These issues directly impact the financial health, educational environment and managerial soundness of Consolidated High School District 230 now and for many years to come; and WHEREAS, The Illinois State Board of Education is responsible for general oversight of school issues in Illinois; 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 State Board of Education to conduct a review of Consolidated High School District 230 with regard to the following: 1. The causes of cost overruns and delays in the renovation project, including the District's process for selecting consultants, architects, general contractors, and other professional services and for drafting bid specifications for various goods and services; 2. Whether the District's procurement decisions are adequately documented and appear to have been conducted in an efficient and impartial manner; 3. The total projected cost to the District and the State of the retirement package, including pension upgrades and credits and medical coverage benefits, granting to the District's retiring superintendent; and 4. Whether the ownership of a school-related consulting firm by District officials compromises their services to the District in any manner; and be it further RESOLVED, That the Illinois State Board of Education may consult with the Capital Development Board, as needed, for advice in school construction management issues related to this resolution; and be it further RESOLVED, That the Illinois State Board of Education is directed to report its findings to the General Assembly by December 31, 2001; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Illinois State Board of Education. HOUSE RESOLUTION 388 Offered by Representative Soto: WHEREAS, The members of the Illinois House of Representatives are
[May 24, 2001] 126 concerned over labor disputes occurring within the State of Illinois; and WHEREAS, There is a contract dispute between the 1,050 members of Gas Workers Local 18007, SEIU, and Peoples Energy of Chicago; and WHEREAS, This dispute puts the safety of Chicago gas customers and their communities at risk; Peoples Energy of Chicago is using inexperienced replacement workers to do safety-sensitive work; and WHEREAS, Peoples Energy of Chicago made $99 million in profit in the first six months of their fiscal year, in the period ending March 31; the company's earnings were up 15% between the first half of 2001 and the first half of 2000; and the company is forecasting that this fiscal year, ending on September 30, it will have an increase of 25% per share in earnings; and WHEREAS, Peoples Energy of Chicago has recorded these profits because of the work of over 1,000 individuals from every neighborhood in Chicago; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois General Assembly urges Peoples Energy of Chicago to return to the bargaining table and negotiate a contract that is equitable to both the workers and the company; and be it further RESOLVED, That a suitable copy of this resolution be presented to the representatives of Gas Workers Local 18007, SEIU, and the President of Peoples Energy of Chicago. HOUSE RESOLUTION 390 Offered by Representative Hamos: WHEREAS, The Constitution of the United States is the blue print for the oldest and strongest democratic government in the world; and WHEREAS, The people of the State of Illinois continue to uphold the principles of liberty and democracy, and to support the striving others in pursuit of those ideals; and WHEREAS, The more than one half million citizens of the District of Columbia are disenfranchised and are unique in that they lack voting representation in the United States Congress while proudly and willingly shouldering the full responsibilities of the United States citizenship; and WHEREAS, This disenfranchisement of the citizens of the Nation's Capitol is contrary to the spirit of liberty and democracy and absolutely in violation of the values on which the United States was founded; and WHEREAS, The State of Illinois and the people of the State it represents hereby voice their support for the citizens of the District of Columbia and for the principle that all American citizens shall elect and be represented by voting representatives in the national legislature; and WHEREAS, The citizens of the District of Columbia, like citizens from any state, should have the right to elect representatives to both houses of the United States Congress; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we encourage legislatures throughout this nation to express support for the people of the District of Columbia in their campaign to right an historic wrong and realize fully the promise of American democracy; and be it further RESOLVED, That suitable copies of this resolution be presented to each member of the Illinois congressional delegation. HOUSE JOINT RESOLUTION 45
127 [May 24, 2001] Offered by Representative Flowers: GET RESO HERE HOUSE JOINT RESOLUTION 46 Offered by Representative Coulson: GET RESO HERE At the hour of 6:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Friday, May 25, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[May 24, 2001] 128 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 24, 2001 0 YEAS 0 NAYS 116 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN P FORBY P LYONS,EILEEN P REITZ P BELLOCK P FOWLER P LYONS,JOSEPH P RIGHTER P BERNS P FRANKS P MATHIAS P RUTHERFORD P BIGGINS P FRITCHEY P MAUTINO P RYAN P BLACK P GARRETT P MAY P RYDER P BOLAND P GILES P McAULIFFE P SAVIANO P BOST P GRANBERG P McCARTHY P SCHMITZ P BRADLEY P HAMOS P McGUIRE P SCHOENBERG P BRADY P HANNIG P McKEON P SCULLY P BROSNAHAN P HARTKE P MENDOZA P SLONE P BRUNSVOLD P HASSERT P MEYER P SMITH P BUGIELSKI P HOEFT P MILLER E SOMMER P BURKE P HOFFMAN P MITCHELL,BILL P SOTO P CAPPARELLI P HOLBROOK E MITCHELL,JERRY P STEPHENS P COLLINS P HOWARD P MOFFITT P STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN P TURNER,JOHN P CROTTY P JONES,JOHN P MURPHY P WAIT P CURRIE P JONES,LOU P MYERS P WINKEL P CURRY P JONES,SHIRLEY P NOVAK P WINTERS P DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER P O'CONNOR P WOJCIK P DAVIS,MONIQUE P KOSEL P OSMOND P YARBROUGH P DAVIS,STEVE P KRAUSE P OSTERMAN P YOUNGE P DELGADO P KURTZ P PANKAU P ZICKUS P DURKIN P LANG P PARKE P MR. SPEAKER P ERWIN P LAWFER E - Denotes Excused Absence
129 [May 24, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2698 PENSIONS-TECH THIRD READING PASSED MAY 24, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY E JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 24, 2001] 130 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 933 HOSPITAL LICENS-PHYSICIAN EMPL THIRD READING PASSED MAY 24, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY E JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
131 [May 24, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1493 CIRCUIT BREAKER-CALENDAR YEAR THIRD READING PASSED MAY 24, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY E JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 24, 2001] 132 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2370 PEN CD-UNIV-INCREASE MINIMUM THIRD READING PASSED MAY 24, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY E JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
133 [May 24, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 446 ANATOMICAL GIFTS-TRANSPLANTS MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 24, 2001 110 YEAS 1 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY E JONES,JOHN A MURPHY Y WAIT Y CURRIE A JONES,LOU Y MYERS Y WINKEL Y CURRY A JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN P YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 24, 2001] 134 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1284 IL PUBLIC ACCOUNTING ACT-TECH THIRD READING PASSED MAY 24, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
135 [May 24, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1277 PROPERTY TAXES-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO.1 CONCURRED MAY 24, 2001 113 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE A TENHOUSE Y COWLISHAW N JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 24, 2001] 136 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1096 SCH CD-ALTERNATIVE LEARN OPPOR MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 24, 2001 97 YEAS 10 NAYS 7 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI N FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND P GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY A HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG P McKEON N SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT P MILLER E SOMMER Y BURKE P HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS N COLLINS P HOWARD Y MOFFITT P STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW N JEFFERSON P MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN N MURPHY Y WAIT Y CURRIE N JONES,LOU Y MYERS Y WINKEL Y CURRY N JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING A DART Y KLINGLER Y O'CONNOR Y WOJCIK N DAVIS,MONIQUE Y KOSEL Y OSMOND N YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
137 [May 24, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1810 ANNUAL REPORTS-CATEGORIZE EMPL MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 24, 2001 111 YEAS 1 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY A HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON A MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN P MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY P JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 24, 2001] 138 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1011 MUNI CD-ZONING JURISDICTION MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 24, 2001 106 YEAS 7 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS A McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER A BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE A TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS N JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
139 [May 24, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3055 CHILD ABUSE-REPORT TO SCHOOL MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 24, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER E SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK E MITCHELL,JERRY Y STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence