STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
73RD LEGISLATIVE DAY
WEDNESDAY, NOVEMBER 14, 2001
1:00 O'CLOCK P.M.
NO. 73
[November 14, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 73rd Legislative Day Action Page(s) Adjournment........................................ 30 Change of Sponsorship.............................. 4 Fiscal Note Requested.............................. 4 Fiscal Note Supplied............................... 4 Pension Impact Note Requested...................... 4 Pension Impact Note Supplied....................... 4 Quorum Roll Call................................... 4 State Debt Impact Note Requested................... 4 Bill Number Legislative Action Page(s) HB 0198 Total Veto......................................... 29 HB 0279 Amendatory Veto.................................... 14 HB 0549 Amendatory Veto.................................... 15 HB 2691 Second Reading - Amendment/s....................... 15 HB 2691 Third Reading...................................... 17 HB 2935 Second Reading - Amendment/s....................... 17 HB 2935 Third Reading...................................... 29 HB 3314 Motion Submitted................................... 4 HR 0438 Adoption........................................... 29 HR 0439 Adoption........................................... 29 HR 0440 Adoption........................................... 29 HR 0441 Adoption........................................... 29 HR 0442 Adoption........................................... 29 HR 0443 Adoption........................................... 29 HR 0444 Adoption........................................... 29 HR 0446 Adoption........................................... 29 HR 0447 Adoption........................................... 29 HR 0448 Adoption........................................... 29 HR 0449 Adoption........................................... 29 HR 0451 Adoption........................................... 29 HR 0452 Adoption........................................... 29 HR 0453 Adoption........................................... 29 HR 0454 Adoption........................................... 29 HR 0455 Adoption........................................... 29 HR 0458 Adoption........................................... 29 HR 0459 Adoption........................................... 29 HR 0461 Adoption........................................... 29 HR 0462 Adoption........................................... 29 HR 0463 Adoption........................................... 29 HR 0464 Adoption........................................... 29 HR 0465 Adoption........................................... 29 HR 0466 Adoption........................................... 29 HR 0467 Adoption........................................... 29 HR 0468 Adoption........................................... 29 HR 0469 Adoption........................................... 29 HR 0470 Adoption........................................... 29 HR 0472 Adoption........................................... 29 HR 0473 Adoption........................................... 29 HR 0474 Adoption........................................... 29 HR 0475 Adoption........................................... 29 HR 0477 Adoption........................................... 29 HR 0478 Adoption........................................... 29 HR 0479 Adoption........................................... 14 HR 0480 Adoption........................................... 29 HR 0481 Adoption........................................... 29 HR 0482 Adoption........................................... 29
3 [November 14, 2001] Bill Number Legislative Action Page(s) HR 0483 Adoption........................................... 29 HR 0485 Adoption........................................... 29 HR 0486 Adoption........................................... 29 HR 0487 Adoption........................................... 29 HR 0488 Adoption........................................... 29 HR 0489 Adoption........................................... 29 HR 0490 Adoption........................................... 29 HR 0491 Adoption........................................... 29 HR 0492 Adoption........................................... 29 HR 0493 Adoption........................................... 29 HR 0494 Adoption........................................... 29 HR 0496 Adoption........................................... 29 HR 0499 Adoption........................................... 14 HR 0500 Adoption........................................... 29 HR 0501 Adoption........................................... 29 HR 0502 Adoption........................................... 29 HR 0504 Adoption........................................... 29 HR 0505 Adoption........................................... 29 HR 0506 Adoption........................................... 29 HR 0507 Adoption........................................... 29 HR 0508 Adoption........................................... 29 HR 0509 Adoption........................................... 29 HR 0510 Adoption........................................... 29 HR 0511 Adoption........................................... 29 HR 0512 Adoption........................................... 29 HR 0513 Adoption........................................... 29 HR 0514 Agreed Resolution.................................. 4 HR 0515 Agreed Resolution.................................. 5 HR 0516 Agreed Resolution.................................. 6 HR 0517 Agreed Resolution.................................. 6 HR 0518 Agreed Resolution.................................. 7 HR 0519 Agreed Resolution.................................. 8 HR 0520 Agreed Resolution.................................. 9 HR 0521 Agreed Resolution.................................. 10 HR 0522 Resolution......................................... 12 HR 0523 Agreed Resolution.................................. 10 HR 0524 Agreed Resolution.................................. 11 HR 0525 Resolution......................................... 13 HR 0526 Agreed Resolution.................................. 11 HR 0528 Agreed Resolution.................................. 4
[November 14, 2001] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Sister Glenda Bourgeois of the St. James Catholic Church in Decatur. Representative Curry led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Hultgren and Kenner were excused from attendance. JOINT ACTION MOTIONS SUBMITTED Representative Brady submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendment No. 1 to HOUSE BILL 3314. REQUEST FOR FISCAL NOTE Representative Tenhouse requested that a Fiscal Note be supplied for HOUSE BILL 2935, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for HOUSE BILL 2935, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Tenhouse requested that a State Debt Impact Note be supplied for HOUSE BILL 2935, as amended. REQUEST FOR PENSION IMPACT NOTE Representative Tenhouse requested that a Pension Impact Note be supplied for HOUSE BILL 2935, as amended. PENSION IMPACT NOTE SUPPLIED Pension Impact Notes have been supplied for HOUSE BILL 2691, as amended, and 2935, as amended. CHANGE OF SPONSORSHIP Representative Franks asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 285. Representative Curry asked and obtained unanimous consent to be removed as chief sponsor and Representative Hamos asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 364. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calender on the order of Agreed Resolutions: HOUSE RESOLUTION 514
5 [November 14, 2001] Offered by Representative Stephens: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in junior high school sports in the State of Illinois; and WHEREAS, The Fulton Junior High 8th grade baseball team, the O'Fallon Panthers, became the Tri-County Conference Champions on October 4, 2001; and WHEREAS, The Panthers met the challenge by first defeating the Highland Junior High Bulldogs in the regional playoffs; they then went on to defeat the Carmi Bulldogs by the score of 4-0 in the quarterfinals; they then defeated Anna Junior High in a nail-biter victory by the score of 1-0; finally, they faced DuQuoin Junior High in the title game; after beating DuQuoin by a score of 15-5, the Panthers returned home as the new Tri-County Conference Champions; and WHEREAS, The O'Fallon Panthers set a new school record by finishing the season with 21 wins and 3 losses; and WHEREAS, The O'Fallon Panther team consists of Brian Gass, Zach McCarter, Jordan Colvin, Tyler Harris, Justin Stewart, Matt Goldschmidt, Zach Valentine, Caleb Dziurdzy, Scott Kennedy, Tyler Lauderdale, Sean Miller, Josh Boswell, Mike Webster, Drew Hursey, Phil Rayford, and Justin Nash; the coach is Tracy Lauderdale and the assistant coaches are Bill Gass, Kellen Kettwich, Matt Wicinski, and Brian Evans; and WHEREAS, In addition to their impressive athletic ability, the O'Fallon Panthers recently demonstrated impressive citizenship by raising more than $600 for the Alzheimer's Association through their participation, along with some 7th grade players, in the Metro East Memory Walk 2001 to help raise awareness of the disease and support the services offered at the Alzheimer's Association; and WHEREAS, The O'Fallon Panther team displayed outstanding sportsmanship, service, and dedication not only for Fulton Junior High School, but also to their 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 Fulton Junior High School 8th grade baseball team on winning the 2001 Tri-County Conference Championship and for their community service; and be it further RESOLVED, That suitable copies of this resolution be presented to Coach Tracy Lauderdale, Assistant Coaches Billy Gass, Kellen Kettwich, Matt Wicinski, and Brian Evans, and to each member of the O'Fallon Panther team as an expression of our esteem. HOUSE RESOLUTION 515 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to acknowledge the Winnetka Community House on the occasion of its celebration of 90 years of service to its community; and WHEREAS, The Winnetka Community House was the idea of the Rev. J.W.F. Davies, who wanted to provide the young people of the community with activities that would enrich their lives; Rev. Davies' idea was to become the first community center in the United States designated solely for community purposes; and WHEREAS, Since 1911, the Winnetka Community House has been a gathering place facilitating conversation, volunteerism, and harmony throughout the community; it enriches the lives of North Shore residents and their families and friends by providing diverse educational, cultural, social, and recreational opportunities for people of all ages; and WHEREAS, The Winnetka Community House, despite the Great Depression, numerous wars, and a fire that destroyed most of the original building, has never relied on tax dollars to support its operations; and WHEREAS, The Winnetka Community House holds precious memories of the lives of countless North Shore Residents while looking forward to
[November 14, 2001] 6 continuing community service for future generations; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we declare December 1, 2001 as Winnetka Community House Day in the State of Illinois; and be it further RESOLVED, that a suitable copy of this resolution be presented to the Winnetka Community House as an expression of our esteem. HOUSE RESOLUTION 516 Offered by Representative Schoenberg: 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 William J. Gallagher retired from his duties as Chief of the Winnetka Police Department on October 15, 2001 after 30 years of devoted public service; and WHEREAS, William J. Gallagher began his career with the Winnetka Police Department as a patrol officer in June of 1971; he was promoted to the rank of Sergeant in 1976, to Lieutenant in 1986, and was assigned to the position of Director of Police Operations in 1992; on February 24, 1993, he was officially appointed Chief of Police of the Winnetka Police Department; and WHEREAS, Chief Gallagher received his bachelor's degree, with honors, from Northeastern Illinois University; he attended the Administrative Officers Course at the University of Louisville in 1979, is a graduate of the F.B.I. National Academy (1987) and has completed numerous criminal justice courses at the Police Training Institute, University of Illinois, and Northwestern Traffic Institute, Northwestern University; and WHEREAS, Chief Gallagher enlisted in the United States Army in 1966, completed Officer Candidate School at Fort Sill, Oklahoma in 1967, and was commissioned a Second Lieutenant; he served as a Platoon Leader in Europe and, later, as a Platoon Leader and Company Commander in the Republic of Vietnam in 1968 and 1969; he left active duty with the rank of Captain and was awarded a Bronze Star and an Army Commendation Medal; and WHEREAS, While police chief of the Village of Winnetka, Chief Gallagher was an active member and past President of the North Suburban Chiefs Association, the Northern Illinois Police Crime Laboratory, both the Illinois and the International Association of Chiefs of Police, and the F.B.I. National Academy Associates; he also served as Chairman of the North Regional Major Crimes Task Force; and WHEREAS, Chief Gallagher and his wife live in Winnetka; they have three adult daughters and three grandsons; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Chief William J. Gallagher on his retirement after 30 years of devoted public service to the residents of Winnetka and we wish him well in all of his future endeavors; and be ot further RESOLVED, That a suitable copy of this resolution be presented to Chief William J. Gallagher as an expression of our esteem. HOUSE RESOLUTION 517 Offered by Representative Novak: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of businesses in the State of Illinois; and WHEREAS, It has come to our attention that Huot Oil is celebrating the 90th anniversary of service to the motorists of Kankakee and Iroquois counties; and WHEREAS, A large part of the success of Huot Oil can be directly attributed to the man who started it all, Elzie Huot, a hard-working young man who in 1911 landed a job in the petroleum industry with the Indian Refining Company; he amazed local buyers by re-inventing the
7 [November 14, 2001] rundown business into a striving business; and WHEREAS, Just months after getting his business off the ground, Elzie Huot was not satisfied selling kerosene and therefore set his sights on the growing gasoline market; he captured business from the already-established Standard Oil Company by delivering gas wholesale to stations from Bonfield to Clifton and from Momence to Watsweka; he built his business that initially sold five to 10 gallons every two weeks into a thriving business that sold six hundred gallons of gas a week; and WHEREAS, Once Elzie Huot established himself as a kerosene and gasoline distributor, he set his sights on building his own bulk plant; in 1921, he approached Joseph Baron and Baron-Huot Oil was established; the partnership disbanded in 1926 after Mr. Huot started a new venture into owning service stations, however, the Baron-Huot corporate name remained as a salute to the company's origin; and WHEREAS, Elzie Huot supplied his first service stations with his own private brand of gasoline, "Silver Fox"; after he branded with DX Sunray Oil and became the company's exclusive northern Illinois dealer, his business venture grew to nearly 80 sites in Kankakee, Iroquois, Will, Kendall, Kane, DuPage, and DeKalb Counties; he later struck a deal and took full title to all the stations in Kankakee and Iroquois counties and spent his free time grooming his sons, Marvin and Wayne, to follow in his footsteps; and WHEREAS, With the advent of the automobile and an increasingly mobile society, Elzie Huot and his sons were only able to sell gasoline, tires, and batteries; during the oil embargo in the 1970s, gas was a hot commodity and often sold out in under an hour; because of the gas shortage the business took a whole different turn as the Huot's started building "convenience stores" equipped with bread, milk, cigarettes, candy, pop, and ice to make up for declining profits; and WHEREAS, Elzie Huot lived long enough to see his sons and grandsons become involved in the business he began, passing away in 1984 at the age of 94; today three of the five principals of Baron-Huot Oil are women; Marlene Huot is the secretary/treasurer and her daughters, Dawn Vaubel and Meredith Huot-Coy, are the vice president and assistant treasurer, respectively; Derek Coy is Director of Operations and Merchandise Manager for all Huot Oil locations; the Huot family hopes to continue the family business for many generations to come; and WHEREAS, Currently there are 18 Huot Oil locations, eight of them are owned directly by the Huot's; and WHEREAS, Huot Oil has prospered into a successful business venture from its initial single horse-drawn delivery truck back in 1921; it currently supplies Kankakee and Iroquois County motorists with 20 millions gallons of gasoline each year; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Huot Oil on the celebration of its 90th anniversary of business to the motorists of Kankakee and Iroquois counties; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Huot family as an expression of our esteem. HOUSE RESOLUTION 518 Offered by Representative Novak: 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 Edwin Finney of St. Anne, Illinois, is the recipient of the 2001 Lowe School Board Member Recognition Award; and WHEREAS, The Lowe School Board Member Recognition Award is an honor recently established by the Pledge for Life Partnership in memory of Dorothea Lowe, mother of Illinois First Lady Lura Lynn Ryan, who served on the Aroma Park School Board and gave countless hours to making the greater Kankakee area a safer and healthier place to live; the award was dedicated to recognize school board members from Kankakee and
[November 14, 2001] 8 Iroquois counties who mirror her dedication; and WHEREAS, A native of Hudson, New York, Mr. Finney has been a resident of St. Anne since 1969; he holds a degree in ceramic engineering from Alfred University in Alfred, New York, and has built and managed brickyards in Ohio, Iowa, Indiana, and Illinois; he is retired from Crown Cork and Seal in Bradley; and WHEREAS, For the last 20 years, Mr. Finney has served as the Papineau Township supervisor and he is a past president of the Iroquois County Township Officials; and WHEREAS, Mr. Finney has been a member of the St. Anne Community High School Board of Education for 18 years, including two terms as president; he also served on the collective bargaining committee and presently is a member of the school's Climate Committee and the School Improvement Advisory Team; and WHEREAS, Mr. Finney's most impressive accomplishment is his dedication to the students at St. Anne Community High School; over the years, he has been present at over 500 social and athletic events, provided rides for students in need of transportation and has chaperoned every dance in recent memory; he is also active in the Reading is Fundamental program and is a volunteer tutor and test proctor; in addition, he rarely misses any sports event and has taken over the responsibility of selling tickets at all the home basketball games; he was recently designated "St. Anne High School's biggest Cardinals fan"; and WHEREAS, Every year, Mr. Finney faithfully helps out with fundraisers, provides the vehicle needed to pull the International Club's float each year at the annual St. Anne Pumpkin Festival and continually opens his home for student gatherings; and WHEREAS, Two of Edwin Finney's children graduated from St. Anne Community High School and he and his wife Pat have hosted 18 foreign exchange students over the last two decades; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor Edwin Finney for his dedication, compassion, and devoted service to the faculty, staff, and students at St. Anne Community High School and on being the recipient of the 2001 Lowe School Board Member Recognition Award; and be it further RESOLVED, That a suitable copy of this resolution be presented to Edwin Finney as an expression of our esteem. HOUSE RESOLUTION 519 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestone events in the history of communities in the State of Illinois; and WHEREAS, The 75th Annual Centralia Halloween Parade convened on October 27, 2001; and WHEREAS, This years parade theme was "Parade Memories: 75 Years of Fun" and encompassed a tribute to the Centralia Fire Department in the wake of the September 11, 2001, terrorist attacks on the United States which focused attention on the selfless acts of emergency responders who lost their lives in New York City; and WHEREAS, The parade served as a posthumous tribute to the late Gib Lynch of the Centralia Fire Protection District, who recently passed away and who was involved with the parade committee in the past; and WHEREAS, The parade's tributes also extended to the late Billy J. Shook, a former committee member, and to the late Norma Simmons, whose husband, Al, was also a committee member; and WHEREAS, The citizens of Centralia joined Jackie "Butch" Mathus, who has brought to this town celebration many fine parade entries in the past; and WHEREAS, The fire fighters solicited donations for the New York Fire Fighters fund and AARP sold parade buttons to help pay for the parade; and WHEREAS, The theme for this year's parade, "Parade Memories: 75
9 [November 14, 2001] Years of Fun" was chosen earlier in the year by Centralia Junior High School pupil Kerri Miller in tribute to the parade's diamond anniversary; grand marshals for this year's parade were Ken Oestreich and Nate Rothschild of the Centralia Area Historical Society; and WHEREAS, Due to the dedicated efforts on the part of the great citizens of Centralia, Illinois, the parade was a huge success and enjoyed by all; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the town of Centralia, Illinois on the celebration of the 75th Annual Centralia Halloween Parade, "Parade Memories: 75 Years of Fun" dedicated to the fallen fire fighters from the September 11, 2001, terrorist attacks and as a lasting tribute to the citizens of Centralia; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Mayor of Centralia along with our heartiest thanks. HOUSE RESOLUTION 520 Offered by Representative Granberg: 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, On October 21, 2001 the First Presbyterian Church in Centralia, which is celebrating its 145th year in existence, honored Pastor Edwin E. Evans for his 30 years in ministry; and WHEREAS, Pastor Evans was born in Coatesville, Pennsylvania, where his father was the pastor of a large Presbyterian Church; he attended a Christian boarding school in Florida during his high school years and he received his bachelor's degree in 1968 from Calvin College in Grand Rapids, Michigan; in 1971, he received his master's of divinity from the Pittsburgh Theological Seminary and in 1984 he received his doctor of ministry from McCormick Theological Seminary in Chicago; and WHEREAS, At Calvin College, Pastor Evans met his future wife, Betty; they were married in August of 1968 and are the proud parents of two sons, Ed Jr. and Carl; and WHEREAS, At the beginning of his career, Pastor Evans served as pastor of the New Harrisburg Presbyterian Church in Ohio; he then worked as an associate pastor for 3 and one half years at a large church in Galesburg, Illinois; then in 1981, he became the pastor of First Presbyterian Church in Centralia; and WHEREAS, During his time at First Presbyterian Church, Pastor Evans oversaw many new additions to the 80-year old church, including structural renovations to the church structure, the development of youth programs, including youth mission trips, and the implementation of the "Stephen Ministry", a program that trains individuals who wish to become "listeners" to those experiencing grief or hardship; and WHEREAS, Pastor Evans guided First Presbyterian Church as it developed a relationship with a sister church in Malawi, Africa; while visiting Malawi, Pastor Evans oversaw the dedication of a newly constructed church and participated in 153 baptisms; in addition, he was selected by the Knights of Templar of Illinois to take part in a tour of Israel and recently journeyed to Greece to trek in the footsteps of St. Paul; and WHEREAS, Pastor Evans worked with the late Rev. Charles Brown of the Second Baptist Church in Centralia on the "Concerned Citizens" program, a program dealing with issues of race, education, finances, and housing in the community and working toward futhering communication between various social, ethnic, and governmental groups in Centralia; in addition, Pastor Evans serves as President of the Ministerial Alliance where he helped organize a unity service that included Hindi, Islamic, Jewish, and Christian faiths; he also works with the Covenant Churches, a group of local churches, in an effort to foster familiarity between churches; and WHEREAS, Pastor Evans has witnessed many changes in the Centralia community throughout his ministry; he works with people of all
[November 14, 2001] 10 religions and races and has become a vital component of the Centralia community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Pastor Ed Evans as he celebrates the 30th anniversary of his ordination; and be it further RESOLVED, That a suitable copy of this resolution be presented to Pastor Ed Evans as an expression of our esteem. HOUSE RESOLUTION 521 Offered by Representative Osmond: 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 Stuart C. Hoehne is retiring from the position of Chief of the Fox Lake Fire Department on November 1, 2001; and WHEREAS, Chief Hoehne was born on September 23, 1930; he has been a resident of Fox Lake/Ingleside for 61 years; and WHEREAS, Chief Hoehne began his tenure at the Fox Lake Fire Protection District in May 1957; over the years, he has achieved many ranks in the department, including active membership in 1958, Lieutenant in 1959, Captain in 1961, Assistant Chief in 1978, and Chief in 1981; and WHEREAS, During his tenure, Chief Hoehne has made several advancements in the Fox Lake Fire Department, including the construction of Fire Stations #2 in 1974, #3 in 1990, and #4 in 2001; he increased the number of fire vehicles from 9 fire vehicles in 1957 to 32 fire vehicles in 2001; under his leadership, membership in the fire department has increased from 30 volunteers in 1957 to 21 full-time volunteers and 59 part-time volunteers in 2001; and WHEREAS, In addition to his duties with the Fox Lake Fire Department, Chief Hoehne served in several capacities for the Village of Fox Lake, including as a member of the Planning Board from 1958-1962 and the Zoning Board from 1962-1966, as a Trustee from 1966-1972, as a Public Works Assistant Superintendent from 1974-1978, and as a Public Works Superintendent from 1978-1995; and WHEREAS, Chief Hoehne is the proud father of Richard Hoehne, a Fox Lake Fireman for 28 years, Ronald Hoehne, a Fox Lake Fireman for 25 years, Lawrence Hoehne, and Nancy Rogers; he is also the proud grandfather of Richard Hoehne, a Fox Lake Fireman for 10 years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Stuart C. Hoehne on his retirement as Chief of the Fox Lake Fire Department and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Chief Stuart C. Hoehne as an expression of our esteem. HOUSE RESOLUTION 523 Offered by Representative Johnson: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of businesses in the State of Illinois; and WHEREAS, It has come to our attention that Colonial Ice Cream, Inc. is celebrating its 100th anniversary of service to ice cream lovers in northern Illinois; and WHEREAS, Colonial Ice Cream is synonymous with the Anderson family, having been founded by Simon Anderson in 1901 with the purchase of a St. Charles milk route and expanded into full dairy operations, including the production of ice cream, with the 1910 opening of Anderson Dairy operations at 311 North Fifth Street in St. Charles; and WHEREAS, The Anderson Dairy business continued to grow and prosper, surviving the economic depression of the 1930s and the production
11 [November 14, 2001] challenges of World War II, including sugar rationing and the delivery of milk to schools; and WHEREAS, Colonial Ice Cream, Inc. responded to the post-war prosperity of the 1950s and an increased consumer demand for ice cream novelties by opening the first of its ice cream parlors, drive-ins, and sandwich shops; and WHEREAS, Colonial Ice Cream, Inc. has unfailingly provided quality employment for area citizens, including part-time summer jobs, which offered important initial employment opportunities for many young workers; and WHEREAS, Colonial Ice Cream, Inc. has supported a strong local economy since 1917, investing in downtown St. Charles and other suburban locations through its signature family-style restaurants and cafes; and WHEREAS, Colonial Ice Cream, Inc. enjoys a reputation as an outstanding corporate citizen through its generous involvement in a wide-ranging variety of services benefitting downtown St. Charles and its citizens; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Colonial Ice Cream, Inc. on the celebration of its 100th anniversary of service and contribution to the community with their quality products, courteous service, and generous donations to so many people and organizations; and be it further RESOLVED, That a suitable copy of this resolution be presented to Colonial Ice Cream, Inc. as an expression of our esteem. HOUSE RESOLUTION 524 Offered by Representative Durkin: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Howard M. Burgh, Sr., who passed away on June 28, 2001; and WHEREAS, Howard M. Burgh, Sr. was born in 1921 and raised on Chicago's West Side; he was a 1939 1/2 graduate of Austin High School; and WHEREAS, After graduating from high school, Howard M. Burgh, Sr. enlisted in the United States Army and served in the North Apennines campaign in Italy during World War II; he was awarded two Bronze Stars and the Purple Heart for his exemplary conduct in ground combat; and WHEREAS, Howard M. Burgh, Sr. married Irene Boller in 1947 and together raised a family of six children in Westchester, Illinois; and WHEREAS, In 1940, Howard M. Burgh, Sr. started work for a fluid power company in Chicago as a salesman; in 1954 he and a co-worker founded Flow Products, Inc. on the near Northside of Chicago in the 47th Ward, a company of 40 employees devoted to the promotion of fluid power; he served as president of Flow Products, Inc. from 1954 until his death; and WHEREAS, Howard M. Burgh, Sr. served as a member of the Young Presidents Organization, as charter member of the Fluid Power Distributors Association, as a lifetime trustee of Fenwick High School in Oak Park, as member of the Holy Name Father's Club and Divine Infant Parish, and as a commander of the American Legion; and WHEREAS, The passing of Howard M. Burgh, Sr. will be deeply felt by all who knew and loved him, especially his wife, Irene; his children, Howard M. Burgh, Jr., Mary Ann Sipsma, Christine Kocher, Brian Burgh, Gregory Burgh, and Scott Burgh; and his seven grandchildren; 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 all who knew him, the death of Howard M. Burgh, Sr. of Westchester, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Howard M. Burgh, Sr. with our sincere condolences. HOUSE RESOLUTION 526
[November 14, 2001] 12 Offered by Representative Shirley Jones: WHEREAS, The Members of the Illinois House of Representatives are pleased to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that Yvonne E. Jones will be celebrating her 50th birthday on November 22, 2001; and WHEREAS, Yvonne E. Jones was born on November 22, 1951, in Chester, Pennsylvania, to Thomas Ellis, Sr., and Frances Ellis; and WHEREAS, Yvonne E. Jones attended college at Illinois State University in Normal, Illinois, and received her B.S. degree in Elementary Education in 1973; and WHEREAS, Yvonne E. Jones went on to graduate school at Governors State University in University Park, Illinois, and received her M.A. degree in Computer Education in 1994; and WHEREAS, After obtaining her masters degree, Yvonne E. Jones taught for the Chicago Public Schools at various elementary schools; she also served as a Lead Teacher, sponsor, representative, and supervisor for various extracurricular activities and assignments, including the School Council, JTPA summer programs, summer school classes, and various local and city-wide contests and programs; and WHEREAS, Yvonne E. Jones subsequently served as Local School Facilitator for the Chicago Systemic Initiative (CSI) within the District Ten office; during this time she assisted school design teams with planning and implementing strategies for effectively changing mathematics, science, and technology; chaired the District Ten CSI Design Team; and planned and scheduled teacher training and parent workshops; and WHEREAS, Today, and since 1995, Yvonne E. Jones has served the Chicago Public Schools as Program Manager; in that capacity she oversees the 10,000 Tutors volunteer program, the College Assistant Program, and the CPS Prep Program; as part of her responsibilities, she supervises the Regional Tutoring Facilitators and Target Assistance Monitors and the recruiting, training, and assigning of thousands of tutors and volunteers; indeed, she is responsible for the success of many programs vital to the well-being of our State; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Yvonne E. Jones on the occasion of her 50th birthday and extend to her our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Yvonne E. Jones as an expression of our respect and esteem. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 522 Offered by Representatives McKeon - Reitz: WHEREAS, The University of Illinois is a public institution, is accountable to the citizens of the State of Illinois, and has a responsibility to maintain stability and a high level of quality at our prized State institution; and WHEREAS, The more than 5,000 graduate employees at the University of Illinois at Urbana-Champaign are indispensable members of the University as they teach nearly half of all introductory level courses, run laboratories and libraries, perform essential research that has established and maintained the University's excellent reputation, and perform many other services vital to the University and the State; and WHEREAS, Graduate students employed by the University as teaching assistants, research assistants, and graduate assistants formed the Graduate Employees' Organization (GEO) to provide a voice for graduate employees in employment policies through union representation and collective bargaining; and
13 [November 14, 2001] WHEREAS, Graduate employees at the University have demonstrated overwhelming support for union representation, with 3,226 graduate employees signing petitions in 1996 requesting the Illinois Educational Labor Relations Board to conduct a union election and 64% of those voting in a representation election conducted in 1997 by local religious leaders voting for the GEO as their bargaining representative; and WHEREAS, The University administration refuses to recognize the results of this election, refuses to voluntarily recognize the GEO, and has spent hundreds of thousands of public tax dollars fighting a legally binding election to allow graduate students to decide whether they want union representation; and WHEREAS, The Illinois Appellate Court and the Illinois Supreme Court both affirmed the right of graduate employees to choose union representation; and WHEREAS, Five years after filing a petition with the labor board seeking the right to vote on whether they want union representation, graduate employees still have not had an election and the University administration continues to engage in costly legal maneuvers designed to deny most graduate employees this fundamental right; and WHEREAS, The GEO has exhausted all legal and diplomatic channels to improve their working conditions and secure union recognition, and, as a result, graduate employees have voted to withhold their labor from the University; and WHEREAS, A work stoppage will disrupt the normal operations of the University and will have a negative impact on undergraduate and graduate students, faculty, and the University as a whole; and WHEREAS, Respecting the freedom to form a union is essential to establishing a cooperative, mutually beneficial relationship between the administration of the University and its graduate employees; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the University of Illinois administration and the Board of Trustees to respect the right of graduate employees to organize and bargain collectively; and be it further RESOLVED, That we urge the University administration and the Board of Trustees to remain neutral and comply with the decision of their graduate employees regarding union representation and to refrain from engaging in an activity, written or verbal, designed to interfere with the free choice to join a union; and be it further RESOLVED, That we call upon the Board of Trustees and the Graduate Employees' Organization to meet immediately and reach agreement on the terms of collective bargaining, including, but not limited to, the parameters of a collective bargaining unit and the scope of issues to be dealt with; and be it further RESOLVED, That we urge the University administration, the Board of Trustees, and the Graduate Employees' Organization to bargain in good faith and in the best interests of graduate employees and the university as a whole; and be it further RESOLVED, That suitable copies of this resolution be delivered to the University of Illinois President, Chancellor, and Board of Trustees and the Graduate Employees' Organization. HOUSE RESOLUTION 525 Offered by Representative Reitz: WHEREAS, The attack on America of September 11, 2001, was a shock to the State of Illinois and the nation; and WHEREAS, There is an ongoing military and multidimensional response to terrorism that we strongly support; and WHEREAS, The United States faces the potential of a serious recession, having already lost 25,000 manufacturing jobs in Illinois since the beginning of the year, and the attack on America may cause the loss of tens of thousands more, particularly in the airline, hotel and tourism industries; and
[November 14, 2001] 14 WHEREAS, The Congress of the United States has already taken critical action to support affected industries and is proposing additional aid to business; and WHEREAS, The Congress is considering an economic stimulus package; and WHEREAS, The core goal of an economic stimulus package is the stabilization of communities; and WHEREAS, Supporting business to stabilize employment must be a critical part of any economic stimulus package to be adopted by the Congress; and WHEREAS, Supporting workers must be included as part of any economic stimulus package to stabilize the economy; and WHEREAS, Supporting state and local governments to avoid or lessen state or local tax revenues is a critical part of any economic stimulus package; and WHEREAS, The economic stimulus package should include the following provisions: extending federally funded unemployment compensation, where needed, by 26 weeks; aiding workers by improving health care access by at least paying 75% of the COBRA health care costs and other health care assistance; aiding workers by fully funding targeted training and worker reemployment programs and taking such other actions to save personal homes and stabilize credit transactions; and WHEREAS, If the Congress does not address the critical areas of economic stimulus, business workers and state and local government, these costs will have to be borne by state and local governments, workers and business; and WHEREAS, The economic stimulus package adopted by the Congress on October 24, 2001, fails to adequately address the needs of workers in state and local government; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Congress of the United States to address each of the three critical areas that will create economic stability and allow full growth; and be it further RESOLVED, That the House of Representatives ask the Congress to help workers by considering the following provisions: extending federally funded unemployment compensation, where needed, by 26 weeks; aiding workers by improving health care access by at least paying 75% of the COBRA health care costs and other health care assistance; aiding workers by fully funding targeted training and worker reemployment programs and taking such other actions to save personal homes and stabilize credit transactions; and be it further RESOLVED, That the House of Representatives respectfully request that the Congress provide aid to affected states to offset revenue deficits; and be it further RESOLVED, That copies of this resolution be delivered to the President of the United States, to the presiding officers of each house of Congress and to each member of the Illinois congressional delegation. HOUSE RESOLUTION 479 was taken up for consideration. Representative Curry moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE RESOLUTION 499 was taken up for consideration. Representative Leitch moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Giles moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 279, by adoption of the following amendment:
15 [November 14, 2001] AMENDMENT TO HOUSE BILL 279 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 279 on page 1, line 30, by replacing "non-discretionary" with "non-discriminatory"; and on page 2, line 33, by replacing "EMD and EMD agency" with "EMS Medical Director". And on that motion, a vote was taken resulting as follows: 88, Yeas; 27, Nays; 0, Answering Present. (ROLL CALL 2) This motion, having received the votes of a constitutional majority of the Members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. Pursuant to the Motion submitted previously, Representative Reitz moved to accept the Governor's Specific Recommendations for Change to HOUSE BILL 549, by adoption of the following amendment: AMENDMENT TO HOUSE BILL 549 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 549 as follows: on page 2, after line 2, by inserting the following: "Section 99. Effective date. This Act takes effect July 1, 2002.". And on that motion, a vote was taken resulting as follows: 90, Yeas; 25, Nays; 0, Answering Present. (ROLL CALL 3) This motion, having received the votes of a constitutional majority of the members elected, prevailed. Ordered that the Clerk inform the Senate and ask their concurrence in the Governor's Specific Recommendations for Change. HOUSE BILLS ON SECOND READING HOUSE BILL 2691. Having been printed, was taken up and read by title a second time. Representative Madigan offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2691 AMENDMENT NO. 1. Amend House Bill 2691 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by adding Section 5-129.1 and changing Section 5-144 as follows: (40 ILCS 5/5-129.1 new) Sec. 5-129.1. Withdrawal at mandatory retirement age - amount of annuity. (a) In lieu of any annuity provided in the other provisions of this Article, a policeman who is required to withdraw from service due to attainment of mandatory retirement age and has less than 20 years of service credit may elect to receive an annuity equal to 30% of average salary for the first 10 years of service plus 2% of average salary for each completed year of service or fraction thereof in excess of 10, but not to exceed a maximum of 48% of average salary. (b) For the purpose of this Section, "average salary" means the average of the highest 4 consecutive years of salary within the last 10 years of service, or such shorter period as may be used to calculate a minimum retirement annuity under Section 5-132. (c) For the purpose of qualifying for the annual increases provided in Section 5-167.1, a policeman whose retirement annuity is
[November 14, 2001] 16 calculated under this Section shall be deemed to qualify for a minimum annuity. (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) Sec. 5-144. Death from injury in the performance of acts of duty; compensation annuity and supplemental annuity. (a) Beginning January 1, 1986, and without regard to whether or not the annuity in question began before that date, if the annuity for the widow of a policeman whose death, on or after January 1, 1940, results from injury incurred in the performance of an act or acts of duty, is not equal to the sum hereinafter stated, "compensation annuity" equal to the difference between the annuity and an amount equal to 75% of the policeman's salary attached to the position he held by certification and appointment as a result of competitive civil service examination that would ordinarily have been paid to him as though he were in active discharge of his duties shall be payable to the widow until the policeman, had he lived, would have attained age 63. The total amount of the widow's annuity and children's awards payable to the family of such policeman shall not exceed the amounts stated in Section 5-152. The provisions of this Section, as amended by Public Act 84-1104, including the reference to the date upon which the deceased policeman would have attained age 63, shall apply to all widows of policemen whose death occurs on or after January 1, 1940 due to injury incurred in the performance of an act of duty, regardless of whether such death occurred prior to September 17, 1969. For those widows of policemen that died prior to September 17, 1969, who became eligible for compensation annuity by the action of Public Act 84-1104, such compensation annuity shall begin and be calculated from January 1, 1986. The provisions of this amendatory Act of 1987 are intended to restate and clarify the intent of Public Act 84-1104, and do not make any substantive change. (b) Upon termination of the compensation annuity, "supplemental annuity" shall become payable to the widow, equal to the difference between the annuity for the widow and an amount equal to 75%
17 [November 14, 2001] 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 2691 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, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. HOUSE BILLS ON SECOND READING HOUSE BILL 2935. Having been printed, was taken up and read by title a second time. Representative McKeon offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2935 AMENDMENT NO. 1. Amend House Bill 2935 by replacing everything after the enacting clause with the following: "Section 5. The Unemployment Insurance Act is amended by changing Sections 1403, 1404, 1405, 1501.1 and 1504 and adding Section 409.1 as follows: (820 ILCS 405/409.1 new) Sec. 409.1. Additional Benefits. A. For the purposes of this Section: 1. "Regular benefits", "extended benefits", and "extended benefit period" have the meanings ascribed to them under Section 409. 2. "Additional benefits" means benefits totally financed by a State and payable to exhaustees (as defined in subsection C). If an individual is eligible to receive additional benefits under the provisions of this Section and is eligible to receive additional benefits with respect to the same week under the law of another State, he may elect to claim additional benefits under either State's law with respect to the week. 3. "Supplemental benefits" means any type of payment to an individual, pursuant to federal law, with respect to a week of unemployment, by virtue of the fact that regular benefits are no longer payable to him under this Act. 4. "Interstate Benefit Payment Plan" means the plan approved by the National Association of State Workforce Agencies under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated. 5. "State" when used in this Section includes States of the United States of America, the District of Columbia, Puerto Rico and the Virgin Islands. For purposes of this Section, the term "state" shall also be construed to include Canada. 6. Notwithstanding any of the provisions of Sections 1404, 1405B, and 1501, no employer shall be liable for payments in lieu of contributions by reason of the payment of additional benefits which are wholly reimbursed to this State by the Federal Government. Additional benefits shall become benefit charges under Section 1501.1 only when an individual is paid such benefits and they are not wholly reimbursed by the Federal Government. B. This Section applies only to an individual who becomes an
[November 14, 2001] 18 exhaustee in a week beginning on or after September 9, 2001, and before March 10, 2002. An individual to whom this Section applies shall be eligible to receive additional benefits pursuant to this Section for any week beginning before June 9, 2002, if, with respect to such week he has otherwise satisfied the terms and conditions with respect to the receipt of regular benefits under this Act, including but not limited to Sections 601, 602 and 603. C. An individual is an exhaustee with respect to a week if: 1. Prior to such week (a) he has received, with respect to his current benefit year that includes such week, the maximum total amount of benefits to which he was entitled under the provisions of Section 403B, and all of the regular benefits (including dependents' allowances) to which he had entitlement (if any) on the basis of wages or employment under any other State unemployment compensation law; or (b) his benefit year terminated, and he cannot meet the qualifying wage requirements of Section 500E of this Act or the qualifying wage or employment requirements of any other State unemployment compensation law to establish a new benefit year which would include such week or, having established a new benefit year that includes such week, he is ineligible for regular benefits by reason of Section 607 of this Act or a like provision of any other State unemployment compensation law; and 2. For such week (a) he has no right to benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act and no rights to extended benefits under section 409 or any other state unemployment insurance law consistent with the terms and conditions of the Federal-State Unemployment Compensation Act of 1970; and (b) he has not received and is not seeking benefits under the unemployment compensation law of Canada, except that if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law, this clause shall not apply. For the purposes of clause (a) of paragraph 1, an individual shall be deemed to have received, with respect to his current benefit year, the maximum total amount of benefits to which he was entitled or all of the regular benefits to which he had entitlement, or all of the regular benefits available to him, as the case may be, even though (a) as a result of a pending reconsideration or appeal with respect to the "finding" defined in Section 701, or of a pending appeal with respect to wages or employment or both under any other State unemployment compensation law, he may subsequently be determined to be entitled to more regular benefits; or (b) by reason of a seasonality provision in a State unemployment compensation law which establishes the weeks of the year for which regular benefits may be paid to individuals on the basis of wages in seasonal employment he may be entitled to regular benefits for future weeks but such benefits are not payable with respect to the week for which he is claiming additional benefits, provided that he is otherwise an exhaustee under the provisions of this subsection with respect to his rights to regular benefits, under such seasonality provision, during the portion of the year in which that week occurs. For the purposes of clause (a) of paragraph 1, an individual is not an exhaustee if, with respect to his current benefit year, any portion of his wage credits were cancelled or any portion of his rights to regular benefits were reduced by reason of the application of a disqualification provision of a State unemployment compensation law. For the purposes of clause (b) of paragraph 1, an individual is not an exhaustee if, with respect to his last completed benefit year, any portion of his wage credits were cancelled or any portion of his rights to regular benefits were reduced by reason of the application of a disqualification provision of a State unemployment compensation law. D. 1. The provisions of Section 607 and the waiting period requirements of Section 500D shall not be applicable to any week with respect to which benefits are otherwise payable under this Section. 2. An individual shall not cease to be an exhaustee with respect to any week solely because he meets the qualifying wage requirements of Section 500E for a part of such week.
19 [November 14, 2001] E. An exhaustee's "weekly additional benefit amount" for a week shall be the same as his weekly benefit amount plus dependents allowances during his benefit year which includes such week or, if such week is not in a benefit year, during his last completed benefit year. If the exhaustee had more than one weekly benefit amount during his benefit year, his weekly additional benefit amount with respect to such week shall be the latest of such weekly benefit amounts. F. An eligible exhaustee shall be entitled to a maximum total amount of additional benefits under this section equal to the lesser of the following amounts: 1. Fifty percent of the maximum total amount of benefits to which he was entitled under Section 403B during his applicable benefit year; or 2. Thirteen times his weekly additional benefit amount as determined under subsection E. G. 1. A claims adjudicator shall examine the first claim filed by an individual for additional benefits under this Section and, on the basis of the information in his possession, shall make an "additional benefits finding". Such finding shall state whether or not the individual became an exhaustee within the period established by subsection B and, if so, his weekly additional benefit amount and the maximum total amount of additional benefits to which he is entitled. The claims adjudicator shall promptly notify the individual of his "additional benefits finding", and shall promptly notify the individual's most recent employing unit and the individual's last employer (referred to in Section 1502.1) that the individual has filed a claim for additional benefits. The claims adjudicator may reconsider his "additional benefits finding" at any time within one year after the last week with respect to which the individual received additional benefits under this Section, and shall promptly notify the individual of such reconsidered finding. All of the provisions of this Act applicable to reviews from findings or reconsidered findings made pursuant to Sections 701 and 703 which are not inconsistent with the provisions of this subsection shall be applicable to reviews from additional benefits findings and reconsidered additional benefits findings. 2. If, pursuant to the reconsideration or appeal with respect to a "finding", referred to in paragraph 3 of subsection C, an exhaustee is found to be entitled to more regular benefits and, by reason thereof, is entitled to more additional benefits, the claims adjudicator shall make a reconsidered additional benefits finding and shall promptly notify the exhaustee thereof. H. The Director shall make an appropriate public announcement of the additional benefits program under this Section. I. Notwithstanding any other provision of this Act, an individual shall be eligible for a maximum of 2 weeks of benefits payable under this Section after he files his initial claim for additional benefits, under the Interstate Benefit Payment Plan unless there exists an extended benefit period in the state where such claim is filed. Such maximum eligibility shall continue as long as the individual continues to file his claim under the Interstate Benefit Payment Plan, notwithstanding that the individual moves to another state where an extended benefit period exists and files for weeks prior to his initial Interstate claim in that state. An individual who commutes from his state of residence to work in Illinois and continues to reside in such state of residence while filing his claim for unemployment insurance under this Section of the Act shall not be considered filing a claim under the Interstate Benefit Payment Plan so long as he files his claim in and continues to report to the employment office under the regulations applicable to intrastate claimants in Illinois. J. Subsection B is not applicable to any individual with respect to any week with respect to which the individual has a right to supplemental benefits or would have a right to supplemental benefits but for subsection B. K. The Director shall take any action or issue any regulations necessary in the administration of this Section to ensure that its
[November 14, 2001] 20 provisions are interpreted and applied so as to meet the requirements for certification under Section 3304 of the Federal Unemployment Tax Act and Sections 302 and 303 of the federal Social Security Act, as interpreted by the United States Secretary of Labor or other appropriate Federal agency. (820 ILCS 405/1403) (from Ch. 48, par. 553) Sec. 1403. Financing benefits paid to state employees. Benefits paid to individuals on the basis of wages paid to them for insured work in the employ of this State or any of its wholly owned instrumentalities shall be financed by appropriations to the Department of Employment Security. There is hereby established a special fund to be known as the State Employees' Unemployment Benefit Fund. Such Fund shall consist of and there shall be deposited in such Fund all moneys appropriated to the Department of Employment Security pursuant to this Section, all interest earned upon such moneys, any property or securities acquired through the use thereof, all earnings of such property or securities, and all other moneys for the Fund received from any other source. The Fund shall be held by the State Treasurer, as ex-officio custodian thereof, separate and apart from all public moneys or funds of this State, but the moneys in the Fund shall be deposited as required by law and maintained in a separate account on the books of a savings and loan association or bank. The Fund shall be administered by the Director exclusively for the purposes of this Section. No moneys in the Fund shall be paid or expended except upon the direction of the Director exclusively for the purposes of this Section. The State Treasurer shall be liable on his general official bond for the faithful performance of his duties as custodian of such moneys as may come into his hands by virtue of this Section. Such liability on his official bond shall exist in addition to the liability upon any separate bond given by him. All sums recovered for losses sustained by the Fund herein described shall be deposited therein. In lieu of contributions required of other employers under this Act, the State Treasurer, upon the direction of the Director, shall transfer to and deposit in the clearing account established by Section 2100, an amount equivalent to the amount of regular benefits and one-half the amount of extended benefits (defined in Section 409) paid for weeks which begin before January 1, 1979, and to the amount of all benefits paid for weeks which begin on and after January 1, 1979, to individuals who, during there respective base periods, were paid wages for insured work by the State or any of its wholly owned instrumentalities. If an individual was paid such wages during his base period both by the State or any of such instrumentalities and by one or more other employers, the amount to be so transferred by the State Treasurer with respect to such individual shall be a sum which bears the same ratio to the total benefits paid to the individual as the wages for insured work paid to the individual during his base period by the State and any such instrumentalities bear to the total wages for insured work paid to the individual during the base period by all of the employers. Notwithstanding the previous provisions of this Section with respect to benefit years beginning prior to July 1, 1989, any adjustment after September 30, 1989 to the base period wages paid to the individual by any employer shall not affect the ratio for determining the amount to be transferred to the clearing account by the State Treasurer. Provided, however, that with respect to benefit years beginning on or after July 1, 1989, the State Treasurer shall transfer to and deposit in the clearing account an amount equal to 100% of regular or additional benefits, including dependents' allowances, and 100% of extended benefits, including dependents' allowances paid to an individual, but only if the State: (a) is the last employer as provided in Section 1502.1 and (b) paid, to the individual receiving benefits, wages for insured work during his base period. If the State meets the requirements of (a) but not (b), with respect to benefit years beginning on or after July 1, 1989, it shall be required to make payments in an amount equal to 50% of regular or additional benefits, including dependents' allowances, and 50% of extended benefits, including dependents' allowances, paid to an individual.
21 [November 14, 2001] The Director shall ascertain the amount to be so transferred and deposited by the State Treasurer as soon as practicable after the end of each calendar quarter. The provisions of paragraphs 4 and 5 of Section 1404B shall be applicable to a determination of the amount to be so transferred and deposited. Such deposit shall be made by the State Treasurer at such times and in such manner as the Director may determine and direct. Every department, institution, agency and instrumentality of the State of Illinois shall make available to the Director such information with respect to any individual who has performed insured work for it as the Director may find practicable and necessary for the determination of such individual's rights under this Act. Each such department, institution, agency and instrumentality shall file such reports with the Director as he may by regulation prescribe. (Source: P.A. 86-3.) (820 ILCS 405/1404) (from Ch. 48, par. 554) Sec. 1404. Payments in lieu of contributions by nonprofit organizations. A. For the year 1972 and for each calendar year thereafter, contributions shall accrue and become payable, pursuant to Section 1400, by each nonprofit organization (defined in Section 211.2) upon the wages paid by it with respect to employment after 1971, unless the nonprofit organization elects, in accordance with the provisions of this Section, to pay, in lieu of contributions, an amount equal to the amount of regular benefits and one-half the amount of extended benefits (defined in Section 409) paid to individuals, for any weeks which begin on or after the effective date of the election, on the basis of wages for insured work paid to them by such nonprofit organization during the effective period of such election. Notwithstanding the preceding provisions of this subsection and the provisions of subsection D, with respect to benefit years beginning prior to July 1, 1989, any adjustment after September 30, 1989 to the base period wages paid to the individual by any employer shall not affect the ratio for determining the payments in lieu of contributions of a nonprofit organization which has elected to make payments in lieu of contributions. Provided, however, that with respect to benefit years beginning on or after July 1, 1989, the nonprofit organization shall be required to make payments equal to 100% of regular or additional benefits, including dependents' allowances, and 50% of extended benefits, including dependents' allowances, paid to an individual with respect to benefit years beginning during the effective period of the election, but only if the nonprofit organization: (a) is the last employer as provided in Section 1502.1 and (b) paid to the individual receiving benefits, wages for insured work during his base period. If the nonprofit organization described in this paragraph meets the requirements of (a) but not (b), with respect to benefit years beginning on or after July 1, 1989, it shall be required to make payments in an amount equal to 50% of regular or additional benefits, including dependents' allowances, and 25% of extended benefits, including dependents' allowances, paid to an individual with respect to benefit years beginning during the effective period of the election. 1. Any employing unit which becomes a nonprofit organization on January 1, 1972, may elect to make payments in lieu of contributions for not less than one calendar year beginning with January 1, 1972, provided that it files its written election with the Director not later than January 31, 1972. 2. Any employing unit which becomes a nonprofit organization after January 1, 1972, may elect to make payments in lieu of contributions for a period of not less than one calendar year beginning as of the first day with respect to which it would, in the absence of its election, incur liability for the payment of contributions, provided that it files its written election with the Director not later than 30 days immediately following the end of the calendar quarter in which it becomes a nonprofit organization. 3. A nonprofit organization which has incurred liability for the payment of contributions for at least 2 calendar years and is not delinquent in such payment and in the payment of any interest or
[November 14, 2001] 22 penalties which may have accrued, may elect to make payments in lieu of contributions beginning January 1 of any calendar year, provided that it files its written election with the Director prior to such January 1, and provided, further, that such election shall be for a period of not less than 2 calendar years. 4. An election to make payments in lieu of contributions shall not terminate any liability incurred by an employer for the payment of contributions, interest or penalties with respect to any calendar quarter which ends prior to the effective period of the election. 5. A nonprofit organization which has elected, pursuant to paragraph 1, 2, or 3, to make payments in lieu of contributions may terminate the effective period of the election as of January 1 of any calendar year subsequent to the required minimum period of the election only if, prior to such January 1, it files with the Director a written notice to that effect. Upon such termination, the organization shall become liable for the payment of contributions upon wages for insured work paid by it on and after such January 1 and, notwithstanding such termination, it shall continue to be liable for payments in lieu of contributions with respect to benefits paid to individuals on and after such January 1, with respect to benefit years beginning prior to July 1, 1989, on the basis of wages for insured work paid to them by the nonprofit organization prior to such January 1, and, with respect to benefit years beginning after June 30, 1989, if such employer was the last employer as provided in Section 1502.1 during a benefit year beginning prior to such January 1. 6. Written elections to make payments in lieu of contributions and written notices of termination of election shall be filed in such form and shall contain such information as the Director may prescribe. Upon the filing of such election or notice, the Director shall either order it approved, or, if it appears to the Director that the nonprofit organization has not filed such election or notice within the time prescribed, he shall order it disapproved. The Director shall serve notice of his order upon the nonprofit organization. The Director's order shall be final and conclusive upon the nonprofit organization unless, within 15 days after the date of mailing of notice thereof, the nonprofit organization files with the Director an application for its review, setting forth its reasons in support thereof. Upon receipt of an application for review within the time prescribed, the Director shall order it allowed, or shall order that it be denied, and shall serve notice upon the nonprofit organization of his order. All of the provisions of Section 1509, applicable to orders denying applications for review of determinations of employers' rates of contribution and not inconsistent with the provisions of this subsection, shall be applicable to an order denying an application for review filed pursuant to this subsection. B. As soon as practicable following the close of each calendar quarter, the Director shall mail to each nonprofit organization which has elected to make payments in lieu of contributions a Statement of the amount due from it for the regular or additional benefits and one-half the extended benefits paid (or the amounts otherwise provided for in subsection A) during the calendar quarter, together with the names of its workers or former workers and the amounts of benefits paid to each of them during the calendar quarter, with respect to benefit years beginning prior to July 1, 1989, on the basis of wages for insured work paid to them by the nonprofit organization; or, with respect to benefit years beginning after June 30, 1989, if such nonprofit organization was the last employer as provided in Section 1502.1 with respect to a benefit year beginning during the effective period of the election. The amount due shall be payable, and the nonprofit organization shall make payment of such amount not later than 30 days after the date of mailing of the Statement. The Statement shall be final and conclusive upon the nonprofit organization unless, within 20 days after the date of mailing of the Statement, the nonprofit organization files with the Director an application for revision thereof. Such application shall specify wherein the nonprofit organization believes the Statement to be incorrect, and shall set
23 [November 14, 2001] forth its reasons for such belief. All of the provisions of Section 1508, applicable to applications for revision of Statements of Benefit Wages and Statements of Benefit Charges and not inconsistent with the provisions of this subsection, shall be applicable to an application for revision of a Statement filed pursuant to this subsection. 1. Payments in lieu of contributions made by any nonprofit organization shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization, nor shall any nonprofit organization require or accept any waiver of any right under this Act by an individual in its employ. The making of any such deduction or the requirement or acceptance of any such waiver is a Class A misdemeanor. Any agreement by an individual in the employ of any person or concern to pay all or any portion of a payment in lieu of contributions, required under this Act from a nonprofit organization, is void. 2. A nonprofit organization which fails to make any payment in lieu of contributions when due under the provisions of this subsection shall pay interest thereon at the rates specified in Section 1401. A nonprofit organization which has elected to make payments in lieu of contributions shall be subject to the penalty provisions of Section 1402. In the making of any payment in lieu of contributions or in the payment of any interest or penalties, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. 3. All of the remedies available to the Director under the provisions of this Act or of any other law to enforce the payment of contributions, interest, or penalties under this Act, including the making of determinations and assessments pursuant to Section 2200, are applicable to the enforcement of payments in lieu of contributions and of interest and penalties, due under the provisions of this Section. For the purposes of this paragraph, the term "contribution" or "contributions" which appears in any such provision means "payment in lieu of contributions" or "payments in lieu of contributions." The term "contribution" which appears in Section 2800 also means "payment in lieu of contributions." 4. All of the provisions of Sections 2201 and 2201.1, applicable to adjustment or refund of contributions, interest and penalties erroneously paid and not inconsistent with the provisions of this Section, shall be applicable to payments in lieu of contributions erroneously made or interest or penalties erroneously paid by a nonprofit organization. 5. Payment in lieu of contributions shall be due with respect to any sum erroneously paid as benefits to an individual unless such sum has been recouped pursuant to Section 900 or has otherwise been recovered. If such payment in lieu of contributions has been made, the amount thereof shall be adjusted or refunded in accordance with the provisions of paragraph 4 and Section 2201 if recoupment or other recovery has been made. 6. A nonprofit organization which has elected to make payments in lieu of contributions and thereafter ceases to be an employer shall continue to be liable for payments in lieu of contributions with respect to benefits paid to individuals on and after the date it has ceased to be an employer, with respect to benefit years beginning prior to July 1, 1989, on the basis of wages for insured work paid to them by it prior to the date it ceased to be an employer, and, with respect to benefit years beginning after June 30, 1989, if such employer was the last employer as provided in Section 1502.1 prior to the date that it ceased to be an employer. 7. With respect to benefit years beginning prior to July 1, 1989, wages paid to an individual during his base period, by a nonprofit organization which elects to make payments in lieu of contributions, for less than full time work, performed during the same weeks in the base period during which the individual had other insured work, shall not be subject to payments in lieu of contributions (upon such employer's request pursuant to the regulation of the Director) so long as the employer continued after the end of the base period, and
[November 14, 2001] 24 continues during the applicable benefit year, to furnish such less than full time work to the individual on the same basis and in substantially the same amount as during the base period. If the individual is paid benefits with respect to a week (in the applicable benefit year) after the employer has ceased to furnish the work hereinabove described, the nonprofit organization shall be liable for payments in lieu of contributions with respect to the benefits paid to the individual after the date on which the nonprofit organization ceases to furnish the work. C. With respect to benefit years beginning prior to July 1, 1989, whenever benefits have been paid to an individual on the basis of wages for insured work paid to him by a nonprofit organization, and the organization incurred liability for the payment of contributions on some of the wages because only a part of the individual's base period was within the effective period of the organization's written election to make payments in lieu of contributions, the organization shall pay an amount in lieu of contributions which bears the same ratio to the total benefits paid to the individual as the total wages for insured work paid to him during the base period by the organization upon which it did not incur liability for the payment of contributions (for the aforesaid reason) bear to the total wages for insured work paid to the individual during the base period by the organization. D. With respect to benefit years beginning prior to July 1, 1989, whenever benefits have been paid to an individual on the basis of wages for insured work paid to him by a nonprofit organization which has elected to make payments in lieu of contributions, and by one or more other employers, the nonprofit organization shall pay an amount in lieu of contributions which bears the same ratio to the total benefits paid to the individual as the wages for insured work paid to the individual during his base period by the nonprofit organization bear to the total wages for insured work paid to the individual during the base period by all of the employers. If the nonprofit organization incurred liability for the payment of contributions on some of the wages for insured work paid to the individual, it shall be treated, with respect to such wages, as one of the other employers for the purposes of this paragraph. E. Two or more nonprofit organizations which have elected to make payments in lieu of contributions may file a joint application with the Director for the establishment of a group account, effective January 1 of any calendar year, for the purpose of sharing the cost of benefits paid on the basis of the wages for insured work paid by such nonprofit organizations, provided that such joint application is filed with the Director prior to such January 1. The application shall identify and authorize a group representative to act as the group's agent for the purposes of this paragraph, and shall be filed in such form and shall contain such information as the Director may prescribe. Upon his approval of a joint application, the Director shall, by order, establish a group account for the applicants and shall serve notice upon the group's representative of such order. Such account shall remain in effect for not less than 2 calendar years and thereafter until terminated by the Director for good cause or, as of the close of any calendar quarter, upon application by the group. Upon establishment of the account, the group shall be liable to the Director for payments in lieu of contributions in an amount equal to the total amount for which, in the absence of the group account, liability would have been incurred by all of its members; provided, with respect to benefit years beginning prior to July 1, 1989, that the liability of any member to the Director with respect to any payment in lieu of contributions, interest or penalties not paid by the group when due with respect to any calendar quarter shall be in an amount which bears the same ratio to the total benefits paid during such quarter on the basis of the wages for insured work paid by all members of the group as the total wages for insured work paid by such member during such quarter bear to the total wages for insured work paid during the quarter by all members of the group, and, with respect to benefit years beginning on or after July 1, 1989, that the liability of any member to the Director with
25 [November 14, 2001] respect to any payment in lieu of contributions, interest or penalties not paid by the group when due with respect to any calendar quarter shall be in an amount which bears the same ratio to the total benefits paid during such quarter to individuals with respect to whom any member of the group was the last employer as provided in Section 1502.1 as the total wages for insured work paid by such member during such quarter bear to the total wages for insured work paid during the quarter by all members of the group. All of the provisions of this Section applicable to nonprofit organizations which have elected to make payments in lieu of contributions, and not inconsistent with the provisions of this paragraph, shall apply to a group account and, upon its termination, to each former member thereof. The Director shall by regulation prescribe the conditions for establishment, maintenance and termination of group accounts, and for addition of new members to and withdrawal of active members from such accounts. F. Whenever service of notice is required by this Section, such notice may be given and be complete by depositing it with the United States Mail, addressed to the nonprofit organization (or, in the case of a group account, to its representative) at its last known address. If such organization is represented by counsel in proceedings before the Director, service of notice may be made upon the nonprofit organization by mailing the notice to such counsel. (Source: P.A. 86-3.) (820 ILCS 405/1405) (from Ch. 48, par. 555) Sec. 1405. Financing Benefits for Employees of Local Governments. A. For the year 1978 and for each calendar year thereafter, contributions shall accrue and become payable, pursuant to Section 1400, by each governmental entity (other than the State of Illinois and its wholly owned instrumentalities) referred to in clause (B) of Section 211.1, upon the wages paid by such entity with respect to employment after 1977, unless the entity elects to make payments in lieu of contributions pursuant to the provisions of subsection B. Notwithstanding the provisions of Sections 1500 to 1510, inclusive, a governmental entity which has not made such election shall, for liability for contributions incurred prior to January 1, 1984, pay contributions equal to 1 percent with respect to wages for insured work paid during each such calendar year or portion of such year as may be applicable. As used in this subsection, the word "wages", defined in Section 234, is subject to all of the provisions of Section 235. B. Any governmental entity subject to subsection A may elect to make payments in lieu of contributions, in amounts equal to the amounts of regular and extended benefits paid to individuals, for any weeks which begin on or after the effective date of the election, on the basis of wages for insured work paid to them by the entity during the effective period of such election. Notwithstanding the preceding provisions of this subsection and the provisions of subsection D of Section 1404, with respect to benefit years beginning prior to July 1, 1989, any adjustment after September 30, 1989 to the base period wages paid to the individual by any employer shall not affect the ratio for determining payments in lieu of contributions of a governmental entity which has elected to make payments in lieu of contributions. Provided, however, that with respect to benefit years beginning on or after July 1, 1989, the governmental entity shall be required to make payments equal to 100% of regular or additional benefits, including dependents' allowances, and 100% of extended benefits, including dependents' allowances, paid to an individual with respect to benefit years beginning during the effective period of the election, but only if the governmental entity: (a) is the last employer as provided in Section 1502.1 and (b) paid to the individual receiving benefits, wages for insured work during his base period. If the governmental entity described in this paragraph meets the requirements of (a) but not (b), with respect to benefit years beginning on or after July 1, 1989, it shall be required to make payments in an amount equal to 50% of regular or additional benefits, including dependents' allowances, and 50% of extended benefits, including dependents' allowances, paid to an individual with respect to benefit years beginning during the effective
[November 14, 2001] 26 period of the election. 1. Any such governmental entity which becomes an employer on January 1, 1978 pursuant to Section 205 may elect to make payments in lieu of contributions for not less than one calendar year beginning with January 1, 1978, provided that it files its written election with the Director not later than January 31, 1978. 2. A governmental entity newly created after January 1, 1978, may elect to make payments in lieu of contributions for a period of not less than one calendar year beginning as of the first day with respect to which it would, in the absence of its election, incur liability for the payment of contributions, provided that it files its written election with the Director not later than 30 days immediately following the end of the calendar quarter in which it has been created. 3. A governmental entity which has incurred liability for the payment of contributions for at least 2 calendar years, and is not delinquent in such payment and in the payment of any interest or penalties which may have accrued, may elect to make payments in lieu of contributions beginning January 1 of any calendar year, provided that it files its written election with the Director prior to such January 1, and provided, further, that such election shall be for a period of not less than 2 calendar years. 4. An election to make payments in lieu of contributions shall not terminate any liability incurred by a governmental entity for the payment of contributions, interest or penalties with respect to any calendar quarter which ends prior to the effective period of the election. 5. The termination by a governmental entity of the effective period of its election to make payments in lieu of contributions, and the filing of and subsequent action upon written notices of termination of election, shall be governed by the provisions of paragraphs 5 and 6 of Section 1404A, pertaining to nonprofit organizations. 6. With respect to benefit years beginning prior to July 1, 1989, wages paid to an individual during his base period by a governmental entity which elects to make payments in lieu of contributions for less than full time work, performed during the same weeks in the base period during which the individual had other insured work, shall not be subject to payments in lieu of contribution (upon such employer's request pursuant to the regulation of the Director) so long as the employer continued after the end of the base period, and continues during the applicable benefit year, to furnish such less than full time work to the individual on the same basis and in substantially the same amount as during the base period. If the individual is paid benefits with respect to a week (in the applicable benefit year) after the employer has ceased to furnish the work hereinabove described, the governmental entity shall be liable for payments in lieu of contributions with respect to the benefits paid to the individual after the date on which the governmental entity ceases to furnish the work. C. As soon as practicable following the close of each calendar quarter, the Director shall mail to each governmental entity which has elected to make payments in lieu of contributions a Statement of the amount due from it for all the regular, additional, and extended benefits paid during the calendar quarter, together with the names of its workers or former workers and the amounts of benefits paid to each of them during the calendar quarter with respect to benefit years beginning prior to July 1, 1989, on the basis of wages for insured work paid to them by the governmental entity; or, with respect to benefit years beginning after June 30, 1989, if such governmental entity was the last employer as provided in Section 1502.1 with respect to a benefit year beginning during the effective period of the election. All of the provisions of subsection B of Section 1404 pertaining to nonprofit organizations, not inconsistent with the preceding sentence, shall be applicable to payments in lieu of contributions by a governmental entity. D. The provisions of subsections C through F, inclusive, of Section 1404, pertaining to nonprofit organizations, shall be applicable to each governmental entity which has elected to make
27 [November 14, 2001] payments in lieu of contributions. (Source: P.A. 86-3.) (820 ILCS 405/1501.1) (from Ch. 48, par. 571.1) Sec. 1501.1. Benefit charges. A. When an individual is paid regular or additional benefits with respect to a week in a benefit year which begins on or after July 1, 1989, an amount equal to such regular or additional benefits, including dependents' allowances, shall immediately become benefit charges. B. When an individual is paid regular benefits on or after July 1, 1989, with respect to a week in a benefit year which began prior to July 1, 1989, an amount equal to such regular benefits, including dependents' allowances, shall immediately become benefit charges. C. When an individual is paid extended benefits with respect to any week in his eligibility period beginning in a benefit year which begins on or after July 1, 1989, an amount equal to one-half of such extended benefits including dependents' allowances, shall immediately become benefit charges. D. When an individual is paid extended benefits on or after July 1, 1989, with respect to any week in his eligibility period beginning in a benefit year which began prior to July 1, 1989, an amount equal to one-half of such extended benefits including dependents' allowances, shall immediately become benefit charges. E. Notwithstanding the foregoing subsections, the payment of benefits shall not become benefit charges if, by reason of the application of the third paragraph of Section 237, he is paid benefits based upon wages other than those paid in a base period as defined in the second paragraph of Section 237. F. Notwithstanding the foregoing subsections, the payment of regular or extended benefits on or after July 1, 1989, with respect to a week in a benefit year which began prior to July 1, 1989, shall not become benefit charges under subsections B and D above where such benefit charges, had they been benefit wages under Section 1501, would have been subject to transfer under subsection F of Section 1501. G. Notwithstanding any other provision of this Act, the benefit charges with respect to the payment of regular or extended benefits on or after July 1, 1989, with respect to a week in a benefit year which began prior to July 1, 1989, shall not exceed the difference between the base period wages paid with respect to that benefit year and the wages which became benefit wages with respect to that same benefit year (not including any benefit wages transferred pursuant to subsection F of Section 1501), provided that any change after September 30, 1989, in either base period wages or wages which became benefit wages as a result of benefit payments made prior to July 1, 1989 shall not affect such benefit charges. H. For the purposes of this Section and of Section 1504, benefits shall be deemed to have been paid on the date such payment has been mailed to the individual by the Director. (Source: P.A. 85-956.) (820 ILCS 405/1504) (from Ch. 48, par. 574) Sec. 1504. State experience factor. A. For each calendar year prior to 1988, the total benefits paid from this State's account in the unemployment trust fund during the 36 consecutive calendar month period ending June 30 of the calendar year immediately preceding the calendar year for which a contribution rate is being determined shall be termed the loss experience. The loss experience less all repayments (including payments in lieu of contributions pursuant to Sections 1403, 1404 and 1405B and paragraph 2 of Section 302C) to this State's account in the unemployment trust fund during the same 36 consecutive calendar month period divided by the total benefit wages of all employers for the same period, after adjustment of any fraction to the nearer multiple of one percent, shall be termed the state experience factor. Whenever such fraction is exactly one-half, it shall be adjusted to the next higher multiple of one percent. B. For calendar year 1988 and each calendar year thereafter, the state experience factor shall be the sum of all regular and additional benefits paid plus the applicable benefit reserve for fund building,
[November 14, 2001] 28 pursuant to Section 1505, during the three year period ending on June 30 of the year immediately preceding the year for which a contribution rate is being determined divided by the "net revenues" for the three year period ending on September 30 of the year immediately preceding the year for which a contribution rate is being determined, after adjustment of any fraction to the nearer multiple of one percent. Whenever such fraction is exactly one-half, it shall be adjusted to the next higher multiple of one percent. For purposes of this subsection, "Net revenue" means, for each one year period ending on September 30, the sum of the amounts, as determined pursuant to (1) and (2) of this subsection, in each quarter of such one year period. (1) For each calendar quarter prior to the second calendar quarter of 1988, "net revenue" means all repayments (including payments in lieu of contributions pursuant to Sections 1403, 1404 and 1405B and paragraph 2 of Section 302C) to this State's account in the unemployment trust fund less "net voluntary debt repayments" during the same calendar quarter. "Net voluntary debt repayments" means an amount equal to repayments to Title XII advances less any new advances. Any such repayments made after June 30, 1987 but prior to November 10, 1987 shall be deemed to have been made prior to June 30, 1987. (2) For each calendar quarter after the first calendar quarter of 1988, "net revenue" shall be the sum of: (a) the amount determined by (i) multiplying the benefit wage or benefit ratios, pursuant to Sections 1503 or 1503.1, respectively, of all employers who have not elected to make payments in lieu of contributions applicable to the prior quarter by the state experience factor for that same quarter, (ii) adding this product to the fund building factor provided for in Section 1506.3, (iii) constraining this sum by the application of Sections 1506.1 and 1506.3, except that the State experience factor shall be substituted for the adjusted State experience factor in determining these constraints, and then (iv) multiplying this sum by the total wages for insured work subject to the payment of contributions under Sections 234, 235 and 245 of each employer for the prior quarter except that such wages shall not include those wages estimated by the Director prior to the issuance of a Determination and Assessment or those wages estimated as a result of an audit because of the employer's failure to report wages; plus (b) all payments in lieu of contributions pursuant to Sections 1403 and 1404 and subsection B of Section 1405 and paragraph 2 of subsection C of Section 302 received during the same calendar quarter. For purposes of computing "net revenue", employers who have not incurred liability for the payment of contributions for at least three years will be excluded from the calculation as will predecessor employers pursuant to Section 1507. C. The state experience factor shall be determined for each calendar year by the Director. Any change in the benefit wages or benefit charges of any employer or any change in contributions (including payments in lieu of contributions pursuant to Sections 1403 and 1404 and subsection B of Section 1405 and paragraph 2 of subsection C of Section 302) received into this State's account in the unemployment trust fund after June 30 of the calendar year immediately preceding the calendar year for which the state experience factor is being determined shall not affect the state experience factor as determined by the Director for that year. (Source: P.A. 86-3.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was held on the order of Second Reading.
29 [November 14, 2001] ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Forby moved that HOUSE BILL 198 do pass, the Veto of the Governor notwithstanding. A three-fifths vote is required. And on that motion, a vote was taken resulting as follows: 112, Yeas; 3, Nays; 0, Answering Present. (ROLL CALL 5) The motion, having received the votes of three-fifths of the Members elected, prevailed and the bill was declared passed, the veto of the Governor notwithstanding. Ordered that the Clerk inform the Senate and ask their concurrence. 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 2935 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: 78, Yeas; 32, Nays; 4, Answering Present. (ROLL CALL 6) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTIONS HOUSE RESOLUTIONS 438, 439, 440, 441, 442, 443, 444, 446, 447, 448, 449, 451, 452, 453, 454, 455, 458, 459, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 472, 473, 474, 475, 477, 478, 480, 481, 482, 483, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 496, 500, 501, 502, 504, 505, 506, 507, 508, 509, 510, 511, 512 and 513 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. At the hour of 4:18 o'clock p.m., Representative Lang moved that the House do now adjourn until Thursday, November 15, 2001, at 11:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[November 14, 2001] 30 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 14, 2001 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P PERSICO P BEAUBIEN P FLOWERS P LINDNER P POE P BELLOCK P FORBY P LYONS,EILEEN P REITZ P BERNS P FOWLER P LYONS,JOSEPH P RIGHTER P BIGGINS P FRANKS P MATHIAS P RUTHERFORD P BLACK P FRITCHEY P MAUTINO P RYAN P BOLAND P GARRETT P MAY P SAVIANO P BOST P GILES P McAULIFFE P SCHMITZ P BRADLEY P GRANBERG P McCARTHY P SCHOENBERG P BRADY P HAMOS P McGUIRE P SCULLY P BROSNAHAN P HANNIG P McKEON P SLONE P BRUNSVOLD P HARTKE P MENDOZA P SMITH P BUGIELSKI P HASSERT P MEYER P SOMMER P BURKE P HOEFT P MILLER P SOTO P CAPPARELLI P HOFFMAN P MITCHELL,BILL P STEPHENS P COLLINS P HOLBROOK P MITCHELL,JERRY P TENHOUSE P COLVIN P HOWARD P MOFFITT P TURNER P COULSON E HULTGREN P MOORE P WAIT P COWLISHAW P JEFFERSON P MORROW P WINKEL P CROSS P JOHNSON P MULLIGAN P WINTERS P CROTTY P JONES,JOHN P MURPHY P WIRSING P CURRIE P JONES,LOU P MYERS P WOJCIK P CURRY P JONES,SHIRLEY P NOVAK P WRIGHT P DANIELS E KENNER P O'BRIEN P YARBROUGH P DART P KLINGLER P O'CONNOR P YOUNGE P DAVIS,MONIQUE P KOSEL P OSMOND P ZICKUS P DAVIS,STEVE P KRAUSE P OSTERMAN P MR. SPEAKER P DELGADO P KURTZ P PANKAU P DURKIN P LANG E - Denotes Excused Absence
31 [November 14, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 279 EMERGENCY MEDICAL DISPATCHERS ACCEPT AMENDATORY VETO PREVAILED NOV 14, 2001 88 YEAS 27 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ N LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER N POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ N BERNS N FOWLER Y LYONS,JOSEPH N RIGHTER Y BIGGINS Y FRANKS Y MATHIAS N RUTHERFORD N BLACK Y FRITCHEY N MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY N SAVIANO N BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER N SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN N MITCHELL,BILL N STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,JERRY N TENHOUSE Y COLVIN Y HOWARD N MOFFITT Y TURNER Y COULSON E HULTGREN Y MOORE N WAIT Y COWLISHAW Y JEFFERSON Y MORROW N WINKEL Y CROSS Y JOHNSON Y MULLIGAN N WINTERS Y CROTTY N JONES,JOHN Y MURPHY N WIRSING Y CURRIE Y JONES,LOU N MYERS Y WOJCIK N CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER N O'BRIEN Y YARBROUGH Y DART N KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 14, 2001] 32 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 549 PUBLIC DEFENDER SALARIES ACCEPT AMENDATORY VETO PREVAILED NOV 14, 2001 90 YEAS 25 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER N POE Y BELLOCK N FORBY Y LYONS,EILEEN Y REITZ N BERNS N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS N FRANKS Y MATHIAS Y RUTHERFORD N BLACK Y FRITCHEY Y MAUTINO N RYAN Y BOLAND N GARRETT N MAY Y SAVIANO N BOST Y GILES Y McAULIFFE N SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER N SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN N MITCHELL,BILL N STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER N COULSON E HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON N MULLIGAN N WINTERS Y CROTTY N JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU N MYERS N WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND N ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
33 [November 14, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2691 PENSIONS-TECH THIRD READING PASSED NOV 14, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON E HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU Y MYERS Y WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK Y WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 14, 2001] 34 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 198 SCH CD-VEH CD COURSE-HAZARDS OVERRIDE TOTAL VETO PREVAILED THREE-FIFTHS VOTE REQUIRED NOV 14, 2001 112 YEAS 3 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON E HULTGREN Y MOORE Y WAIT N COWLISHAW Y JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU Y MYERS N WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK Y WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO N KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
35 [November 14, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2935 UNEMPLOYMENT INSURANCE-TECH THIRD READING PASSED NOV 14, 2001 78 YEAS 32 NAYS 4 PRESENT Y ACEVEDO Y ERWIN N LAWFER P PARKE N BASSI Y FEIGENHOLTZ Y LEITCH N PERSICO N BEAUBIEN Y FLOWERS N LINDNER P POE N BELLOCK Y FORBY N LYONS,EILEEN Y REITZ N BERNS Y FOWLER Y LYONS,JOSEPH N RIGHTER N BIGGINS Y FRANKS N MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO P BOST Y GILES Y McAULIFFE N SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG A BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI N HASSERT Y MEYER N SOMMER Y BURKE N HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY N TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON E HULTGREN N MOORE N WAIT N COWLISHAW Y JEFFERSON Y MORROW Y WINKEL N CROSS N JOHNSON Y MULLIGAN N WINTERS Y CROTTY Y JONES,JOHN Y MURPHY N WIRSING Y CURRIE Y JONES,LOU N MYERS N WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART N KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE N KOSEL P OSMOND N ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO N KURTZ N PANKAU N DURKIN Y LANG E - Denotes Excused Absence