STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
76TH LEGISLATIVE DAY
WEDNESDAY, NOVEMBER 28, 2001
1:OO O'CLOCK P.M.
NO. 76
[November 28, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 76th Legislative Day Action Page(s) Adjournment........................................ 156 Committee on Rules Referrals....................... 5 Fiscal Note Requested.............................. 5 Fiscal Note Supplied............................... 5 Quorum Roll Call................................... 4 Recess............................................. 122 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0720 Total Veto......................................... 118 HB 1829 Motion Submitted................................... 5 HB 1829 Senate Message - Passage w/ SA..................... 24 HB 1840 Conference Committee Report Submitted - Conference Committee Report on.71 HB 1840 Senate Message - Conference Committee Appointed.... 6 HB 2077 Senate Message - Passage w/ SA..................... 25 HB 2299 Motion Submitted................................... 5 HB 2299 Motion Submitted................................... 5 HB 2299 Senate Message - Passage w/ SA..................... 66 HB 2742 Second Reading - Amendment/s....................... 118 HB 2742 Third Reading...................................... 121 HB 3017 Committee Report - Concur in SA.................... 71 HB 3017 Motion Submitted................................... 5 HB 3017 Senate Message - Passage w/ SA..................... 67 HB 3098 Senate Message - Passage w/ SA..................... 69 HB 3247 Committee Report................................... 4 HB 3247 Conference Committee Report Submitted - Conference Committee Report on.84 HR 0515 Adoption........................................... 155 HR 0541 Adoption........................................... 118 HR 0546 Adoption........................................... 121 HR 0547 Adoption........................................... 118 HR 0550 Agreed Resolution.................................. 111 HR 0551 Agreed Resolution.................................. 111 HR 0552 Agreed Resolution.................................. 112 HR 0553 Agreed Resolution.................................. 113 HR 0554 Agreed Resolution.................................. 113 HR 0555 Agreed Resolution.................................. 114 HR 0556 Adoption........................................... 155 HR 0556 Committee Report................................... 4 HR 0556 Resolution......................................... 116 HR 0557 Agreed Resolution.................................. 114 HR 0558 Agreed Resolution.................................. 115 HR 0559 Resolution......................................... 117 HR 0560 Agreed Resolution.................................. 116 SB 0022 Committee Report-Floor Amendment/s................. 71 SB 0022 Committee Report................................... 4 SB 0022 Second Reading - Amendment/s....................... 132 SB 0022 Third Reading...................................... 155 SB 0088 Third Reading...................................... 121 SB 0151 Second Reading - Amendment/s....................... 122 SB 0647 Amendatory Veto.................................... 118 SB 0694 Third Reading...................................... 121 SB 0758 Committee Report................................... 4 SB 1089 Committee Report................................... 4 SB 1089 Committee Report-Floor Amendment/s................. 4 SB 1174 Committee Report-Floor Amendment/s................. 71 SB 1174 Second Reading - Amendment/s....................... 123
3 [November 28, 2001] Bill Number Legislative Action Page(s) SB 1174 Third Reading...................................... 131 SB 1264 Committee Report-Floor Amendment/s................. 4 SB 1269 Second Reading..................................... 122 SJ4 0002 Committee Report................................... 4 SJ4 0002 Senate Message..................................... 69 SR 0042 Adoption........................................... 155
[November 28, 2001] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor David Bigsby of the Calvary Baptist Church of Glenwood, Illinois. Representative Ryan led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 116 present. (ROLL CALL 1) By unanimous consent, Representative Kenner was excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Cross replaced Representative Tenhouse in the Committee on Rules on November 27, 2001. Representative Osmond replaced Representative Poe in the Committee on Executive on November 27, 2001. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: SENATE BILLS 758 and 1089. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 1089. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Vacant Y Hannig Y Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 22. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 1264. That the bill be reported "approved for consideration": HOUSE BILL 3247. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Vacant A Hannig Y Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 556. SENATE JOINT RESOLUTION 42. The committee roll call vote on the foregoing Legislative Measures is as follows:
5 [November 28, 2001] 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Vacant Y Hannig Y Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Executive: Motion to Concur in Senate Amendment No. 2 to HOUSE BILL 1829. Committee on Judiciary II-Criminal Law: Motion to Concur in Senate Amendment No. 1, 2, 3, 5 and 6 to HOUSE BILL 2299. Committee on Executive: FIRST CONFERENCE COMMITTEE REPORT TO HOUSE BILL 3247. Committee on Personnel & Pensions: House Amendment 2 to SENATE BILL 1174. Committee on Tourism: Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 3017. Committee on Revenue: House Amendment 10 to SENATE BILL 22. ACTION ON MOTIONS Representative Currie submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 7-9(a), I move to discharge the Committee on Judiciary II-Criminal Law from further consideration of the Motion to Concur in Senate Amendments numbered 1, 2, 3, 5 and 6 to HOUSE BILL 2299 and advance to the order of Concurrences. JOINT ACTION MOTIONS SUBMITTED Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendment No. 2 to HOUSE BILL 1829. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendments numbered 1, 2, 3, 5 and 6 to HOUSE BILL 2299. Representative John Jones 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 3017. REQUEST FOR FISCAL NOTE Representative Hamos requested that a Fiscal Note be supplied for SENATE BILL 151, as amended. FISCAL NOTE SUPPLIED
[November 28, 2001] 6 A Fiscal Note has been supplied for HOUSE BILL 2742, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to adopt the First Conference Committee Report and requests a Second Committee of Conference to consist of five members from each house to consider the differences of the two Houses in regard to amendment 1 to House Bill 1840, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Petka, Cronin, Roskam; L. Madigan and Demuzio. Action taken by the Senate, November 27, 2001. Jim Harry, Secretary of the Senate Representative Giles moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 1840. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Giles, Currie, Hannig; Tenhouse and Rutherford. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1829 A bill for AN ACT concerning fees. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 1829. Passed the Senate, as amended, November 28, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 1829 by replacing everything after the enacting clause with the following: "Section 5. The Clerks of Courts Act is amended by changing Sections 27.1a, 27.2, and 27.2a as follows: (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) Sec. 27.1a. The fees of the clerks of the circuit court in all counties having a population in excess of 180,000 but not more than 500,000
7 [November 28, 2001] personal property claimed does not exceed $250, $10. (B) When that amount exceeds $250 but does not exceed $500, $20. (C) When that amount exceeds $500 but does not exceed $2500, $30. (D) When that amount exceeds $2500 but does not exceed $15,000, $75. (E) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (a-1) Family. For filing a petition under the Juvenile Court Act of 1987, $25. For filing a petition for a marriage license, $10. For performing a marriage in court, $10. For filing a petition under the Illinois Parentage Act of 1984, $40. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200. (e) Appearance. The fee for filing an appearance in each civil case shall be $50, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, $20. (B) When the amount in the case does not exceed $1500, $20. (C) When that amount exceeds $1500 but does not exceed $15,000, $40. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60. (3) Petition to vacate order of bond forfeiture, $20.
[November 28, 2001] 8 (h) Mailing. When the clerk is required to mail, the fee will be $6, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $10. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $80. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $4. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $50. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, $120. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 20 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $4 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $4. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, $25. (q) Alias Summons. For each alias summons or citation issued by the clerk, $4. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and
9 [November 28, 2001] approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $192.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $10; for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $30 for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25. (2) For administration of the estate of a ward, $50, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $15. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable
[November 28, 2001] 10 relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $10. (F) For each jury demand, $102.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10. (H) For each certified copy of letters of office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified. (I) For each exemplification, $1, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $80. (B) Misdemeanor complaints, $50. (C) Business offense complaints, $50. (D) Petty offense complaints, $50. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, $20. (H) Motions to vacate bond forfeiture orders, $20. (I) Motions to vacate ex parte judgments, whenever filed, $20. (J) Motions to vacate judgment on forfeitures, whenever filed, $20. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $20. (2) In counties having a population in excess of 180,000 but not more than 500,000
11 [November 28, 2001] or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $25. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, $150. (2) For each additional parcel, add a fee of $50. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district.
[November 28, 2001] 12 (3) The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 92-16, eff. 6-28-01.) (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) Sec. 27.2. The fees of the clerks of the circuit court in all counties having a population in excess of 500,000
13 [November 28, 2001] (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, a minimum of $50 and a maximum of $60. When the amount exceeds $1500, but does not exceed $5,000
[November 28, 2001] 14 (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, a minimum of $25 and a maximum of $50. (q) Alias Summons. For each alias summons or citation issued by the clerk, a minimum of $4 and a maximum of $5. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of a minimum of $192.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum of $10 and a maximum of $20; for recording the same, a minimum of 25¢ and a maximum of 50¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary
15 [November 28, 2001] assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of a minimum of $30 and a maximum of $60 for each expungement petition filed and an additional fee of a minimum of $2 and a maximum of $4 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, a minimum of $100 and a maximum of $150, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $25 and a maximum of $40. (2) For administration of the estate of a ward, a minimum of $50 and a maximum of $75, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $25 a maximum of $40. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 a maximum of $20. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, a minimum of $15 a maximum of $25. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $20; when the amount claimed is $500 or more but less than $10,000, a minimum of $25 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $40 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian,
[November 28, 2001] 16 guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, a minimum of $10 a maximum of $30. (F) For each jury demand, a minimum of $102.50 and a maximum of $137.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20. (H) For each certified copy of letters of office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50¢ and a maximum of $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, a minimum of $1 and a maximum of $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $80 and a maximum of $125. (B) Misdemeanor complaints, a minimum of $50 and a maximum of $75. (C) Business offense complaints, a minimum of $50 and a maximum of $75. (D) Petty offense complaints, a minimum of $50 and a maximum of $75. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, a minimum of $20 and a maximum of $40. (H) Motions to vacate bond forfeiture orders, a minimum of $20 and a maximum of $30. (I) Motions to vacate ex parte judgments, whenever filed, a minimum of $20 and a maximum of $30. (J) Motions to vacate judgment on forfeitures, whenever filed, a minimum of $20 a maximum of $25. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40. (2) In counties having a population of more than 500,000
17 [November 28, 2001] fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $50 and a maximum of $112.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $25 and a maximum of $40. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $25 and a maximum of $50. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, a minimum of $150 and a maximum of $250. (2) For each additional parcel, add a fee of a minimum of $50 and a maximum of $100. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to a minimum of 2.5% and a maximum of 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $15 and a maximum of $25. (dd) Exceptions. The fee requirements of this Section shall not apply to police
[November 28, 2001] 18 departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 92-16, eff. 6-28-01.) (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) Sec. 27.2a. The fees of the clerks of the circuit court in all counties having a population of 3,000,000 or more inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, the clerk of the circuit court must charge the minimum fee listed and may charge up to the maximum fee if the county board has by resolution increased the fee. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be a minimum of $190 and a maximum of $240. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, a minimum of $15 and a maximum of $22. (B) When that amount exceeds $250 but does not exceed $1000, a minimum of $40 and a maximum of $75. (C) When that amount exceeds $1000 but does not exceed $2500, a minimum of $50 and a maximum of $80. (D) When that amount exceeds $2500 but does not exceed $5000, a minimum of $100 and a maximum of $130. (E) When that amount exceeds $5000 but does not exceed $15,000, $150. (F) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (G) For the final determination of parking, standing, and compliance violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of the Illinois Vehicle Code, $25. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $75 and a maximum of $140. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $225 and a maximum of $335. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her
19 [November 28, 2001] answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, a minimum of $60 and a maximum of $70. When the amount exceeds $1500, but does not exceed $5000, a minimum of $75 and a maximum of $150. When the amount exceeds $5000, but does not exceed $15,000, a minimum of $175 and a maximum of $260. When the amount exceeds $15,000, a minimum of $250 and a maximum of $310. (e) Appearance. The fee for filing an appearance in each civil case shall be a minimum of $75 and a maximum of $110, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, a minimum of $40 and a maximum of $80. (B) When the amount in the case does not exceed $1500, a minimum of $40 and a maximum of $80. (C) When that amount exceeds $1500 but does not exceed $15,000, a minimum of $60 and a maximum of $90. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, a minimum of $15 and a maximum of $25; when the amount exceeds $1,000 but does not exceed $5,000, a minimum of $30 and a maximum of $45; and when the amount exceeds $5,000, a minimum of $50 and a maximum of $80. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, a minimum of $50 and a maximum of $60. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $75 and a maximum of $90. (3) Petition to vacate order of bond forfeiture, a minimum of $40 and a maximum of $80. (h) Mailing. When the clerk is required to mail, the fee will be a minimum of $10 and a maximum of $15, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, a minimum of $15 and a maximum of $20. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, a minimum of $125 and a maximum of $190. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $6 and a maximum of $9. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, a minimum of $75 and a maximum of $110. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, a minimum of $150 and a maximum
[November 28, 2001] 20 of $185. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of a minimum of 25 and a maximum of 30 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of a minimum of $6 and a maximum of $9 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $6 and a maximum of $9. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, a minimum of $50 and a maximum of $100. (q) Alias Summons. For each alias summons or citation issued by the clerk, a minimum of $5 and a maximum of $6. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of a minimum of $212.50 and maximum of $230, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be
21 [November 28, 2001] tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum of $20 and a maximum of $40; for recording the same, a minimum of 50¢ and a maximum of $0.80 for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of a minimum of $60 and a maximum of $120 for each expungement petition filed and an additional fee of a minimum of $4 and a maximum of $8 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, a minimum of $150 and a maximum of $225, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $40 and a maximum of $65. (2) For administration of the estate of a ward, a minimum of $75 and a maximum of $110, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $20 and a maximum of $40. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, a minimum of $25 and a maximum of $40. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, a minimum of $20 and a maximum of $40; when the amount claimed is $500 or more but less than $10,000, a minimum of $40 and a maximum of $65; when the amount claimed is $10,000 or more, a minimum of $60 and a maximum of $90; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings
[November 28, 2001] 22 involving testamentary trusts or the appointment of testamentary trustees, a minimum of $60 and a maximum of $90. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, a minimum of $30 and a maximum of $90. (F) For each jury demand, a minimum of $137.50 and a maximum of $180. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $50 and a maximum of $80, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a maximum of $40. (H) For each certified copy of letters of office, of court order or other certification, a minimum of $2 and a maximum of $4, plus $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $125 and a maximum of $190. (B) Misdemeanor complaints, a minimum of $75 and a maximum of $110. (C) Business offense complaints, a minimum of $75 and a maximum of $110. (D) Petty offense complaints, a minimum of $75 and a maximum of $110. (E) Minor traffic or ordinance violations, $30. (F) When court appearance required, $50. (G) Motions to vacate or amend final orders, a minimum of $40 and a maximum of $80. (H) Motions to vacate bond forfeiture orders, a minimum of $30 and a maximum of $45. (I) Motions to vacate ex parte judgments, whenever filed, a minimum of $30 and a maximum of $45. (J) Motions to vacate judgment on forfeitures, whenever filed, a minimum of $25 and a maximum of $30. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, a minimum of $40 and a maximum of $50. (2) In counties having a population of 3,000,000 or more, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows:
23 [November 28, 2001] (A) Minor traffic or ordinance violations, $30. (B) When court appearance required, $50. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $112.50 and a maximum of $250 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $40 and a maximum of $65. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $50 and a maximum of $100. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, a minimum of $250 and a maximum of $400. (2) For each additional parcel, add a fee of a minimum of $100 and a maximum of $200. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the
[November 28, 2001] 24 party that filed the document, a minimum of $25 and a maximum of $40. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoption. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 6-13-00.)". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 1829 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2077 A bill for AN ACT in relation to education. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2077. Passed the Senate, as amended, November 28, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2077 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by changing Section 27-3 as follows: (105 ILCS 5/27-3) (from Ch. 122, par. 27-3) Sec. 27-3. Patriotism and principles of representative government - Proper use of flag - Method of voting - Pledge of Allegiance. American patriotism and the principles of representative government, as
25 [November 28, 2001] enunciated in the American Declaration of Independence, the Constitution of the United States of America and the Constitution of the State of Illinois, and the proper use and display of the American flag, shall be taught in all public schools and other educational institutions supported or maintained in whole or in part by public funds. No student shall receive a certificate of graduation without passing a satisfactory examination upon such subjects. Instruction shall be given in all such schools and institutions in the method of voting at elections by means of the Australian Ballot system and the method of the counting of votes for candidates. The Pledge of Allegiance shall be recited each school day by pupils in elementary and secondary educational institutions supported or maintained in whole or in part by public funds. (Source: P.A. 81-959.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2077 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2299 A bill for AN ACT concerning criminal law. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2299. Senate Amendment No. 2 to HOUSE BILL NO. 2299. Senate Amendment No. 3 to HOUSE BILL NO. 2299. Senate Amendment No. 5 to HOUSE BILL NO. 2299. Senate Amendment No. 6 to HOUSE BILL NO. 2299. Passed the Senate, as amended, November 28, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2299 by replacing the title with the following: "AN ACT in relation to terrorism."; and by replacing everything after the enacting clause with the following: "Section 5. The Solicitation for Charity Act is amended by adding Section 16.5 as follows: (225 ILCS 460/16.5 new) Sec. 16.5. Terrorist acts. (a) Any person or organization subject to registration under this Act, who acts to further, directly or indirectly, or uses charitable assets to conduct or further, directly or indirectly, an act or actions as set forth in Article 29D of the Criminal Code of 1961, is thereby engaged in an act or actions contrary to public policy and antithetical to charity, and all of the funds, assets, and records of the person or
[November 28, 2001] 26 organization shall be subject to temporary and permanent injunction from use or expenditure and the appointment of a temporary and permanent receiver to take possession of all of the assets and related records. (b) Upon a finding that a person or organization has acted or is in violation of this Section, the person or organization shall be permanently enjoined from soliciting funds from the public, holding charitable funds, or acting as a trustee or fiduciary within Illinois. Upon a finding of violation all assets and funds held by the person or organization shall be forfeited to the People of the State of Illinois or otherwise ordered by the court to be accounted for and marshaled and then delivered to charitable causes and uses within the State of Illinois by court order. (c) An ex parte action may be commenced by the Attorney General, and, upon a showing of reasonable suspicion of a violation of this Section or Article 29D of the Criminal Code of 1961, an immediate seizure of books and records and assets by the Attorney General by and through his or her assistants or investigators or the Department of State Police shall be made by order of a court to protect the public, protect the assets, and allow a full review of the records. (d) A determination under this Section may be made by any court separate and apart from any criminal proceedings and the standard of proof shall be that for civil proceedings. (e) Any use of charitable assets to conduct or further, directly or indirectly, an act or actions set forth in Article 29D of the Criminal Code of 1961 shall be a misuse of charitable assets and breach of fiduciary duty relative to all other Sections of this Act. Section 10. The Firearm Owners Identification Card Act is amended by changing Section 8 as follows: (430 ILCS 65/8) (from Ch. 38, par. 83-8) Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent; (b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card; (c) A person convicted of a felony under the laws of this or any other jurisdiction; (d) A person addicted to narcotics; (e) A person who has been a patient of a mental institution within the past 5 years; (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community; For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior. (g) A person who is mentally retarded; (h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application; (i) An alien who is unlawfully present in the United States under the laws of the United States; (i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is: (1) admitted to the United States for lawful hunting or sporting purposes;
27 [November 28, 2001] (2) an official representative of a foreign government who is: (A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or (B) en route to or from another country to which that alien is accredited; (3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State; (4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or (5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3); (j) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm; (k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; (l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998; (m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998; or (n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law. (Source: P.A. 90-130, eff. 1-1-98; 90-493, eff. 1-1-98; 90-655, eff. 7-30-98; 91-694, eff. 4-13-00.) Section 15. The Criminal Code of 1961 is amended by changing Sections 9-1, 14-3, and 29B-1 and adding Article 29D as follows: (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) Sec. 9-1. First degree Murder - Death penalties - Exceptions - Separate Hearings - Proof - Findings - Appellate procedures - Reversals. (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (1) he either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or (3) he is attempting or committing a forcible felony other than second degree murder. (b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death if: (1) the murdered individual was a peace officer or fireman killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, or the murdered individual was an inmate at such institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof;
[November 28, 2001] 28 or (3) the defendant has been convicted of murdering two or more individuals under subsection (a) of this Section or under any law of the United States or of any state which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person or of separate acts which the defendant knew would cause death or create a strong probability of death or great bodily harm to the murdered individual or another; or (4) the murdered individual was killed as a result of the hijacking of an airplane, train, ship, bus or other public conveyance; or (5) the defendant committed the murder pursuant to a contract, agreement or understanding by which he was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value; or (6) the murdered individual was killed in the course of another felony if: (a) the murdered individual: (i) was actually killed by the defendant, or (ii) received physical injuries personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and (b) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section, the defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another; and (c) the other felony was one of the following: armed robbery, armed violence, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, forcible detention, arson, aggravated arson, aggravated stalking, burglary, residential burglary, home invasion, calculated criminal drug conspiracy as defined in Section 405 of the Illinois Controlled Substances Act, streetgang criminal drug conspiracy as defined in Section 405.2 of the Illinois Controlled Substances Act, or the attempt to commit any of the felonies listed in this subsection (c); or (7) the murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or (8) the defendant committed the murder with intent to prevent the murdered individual from testifying in any criminal prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; or (9) the defendant, while committing an offense punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances
29 [November 28, 2001] Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or (10) the defendant was incarcerated in an institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual; or (11) the murder was committed in a cold, calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom; or (12) the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel; or (13) the defendant was a principal administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person; or (14) the murder was intentional and involved the infliction of torture. For the purpose of this Section torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim; or (15) the murder was committed as a result of the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle; or (16) the murdered individual was 60 years of age or older and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty; or (17) the murdered individual was a disabled person and the defendant knew or should have known that the murdered individual was disabled. For purposes of this paragraph (17), "disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care; or (18) the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer; or (19) the murdered individual was subject to an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986; or (20) the murdered individual was known by the defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes; or
[November 28, 2001] 30 with or as a result of the offense of terrorism as defined in Section 29D-30 of this Code. (c) Consideration of factors in Aggravation and Mitigation. The court shall consider, or shall instruct the jury to consider any aggravating and any mitigating factors which are relevant to the imposition of the death penalty. Aggravating factors may include but need not be limited to those factors set forth in subsection (b). Mitigating factors may include but need not be limited to the following: (1) the defendant has no significant history of prior criminal activity; (2) the murder was committed while the defendant was under the influence of extreme mental or emotional disturbance, although not such as to constitute a defense to prosecution; (3) the murdered individual was a participant in the defendant's homicidal conduct or consented to the homicidal act; (4) the defendant acted under the compulsion of threat or menace of the imminent infliction of death or great bodily harm; (5) the defendant was not personally present during commission of the act or acts causing death. (d) Separate sentencing hearing. Where requested by the State, the court shall conduct a separate sentencing proceeding to determine the existence of factors set forth in subsection (b) and to consider any aggravating or mitigating factors as indicated in subsection (c). The proceeding shall be conducted: (1) before the jury that determined the defendant's guilt; or (2) before a jury impanelled for the purpose of the proceeding if: A. the defendant was convicted upon a plea of guilty; or B. the defendant was convicted after a trial before the court sitting without a jury; or C. the court for good cause shown discharges the jury that determined the defendant's guilt; or (3) before the court alone if the defendant waives a jury for the separate proceeding. (e) Evidence and Argument. During the proceeding any information relevant to any of the factors set forth in subsection (b) may be presented by either the State or the defendant under the rules governing the admission of evidence at criminal trials. Any information relevant to any additional aggravating factors or any mitigating factors indicated in subsection (c) may be presented by the State or defendant regardless of its admissibility under the rules governing the admission of evidence at criminal trials. The State and the defendant shall be given fair opportunity to rebut any information received at the hearing. (f) Proof. The burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable doubt. (g) Procedure - Jury. If at the separate sentencing proceeding the jury finds that none of the factors set forth in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If there is a unanimous finding by the jury that one or more of the factors set forth in subsection (b) exist, the jury shall consider aggravating and mitigating factors as instructed by the court and shall determine whether the sentence of death shall be imposed. If the jury determines unanimously that there are no mitigating factors sufficient to preclude the imposition of the death sentence, the court shall sentence the defendant to death. Unless the jury unanimously finds that there are no mitigating factors sufficient to preclude the imposition of the death sentence the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. (h) Procedure - No Jury. In a proceeding before the court alone, if the court finds that
31 [November 28, 2001] none of the factors found in subsection (b) exists, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. If the Court determines that one or more of the factors set forth in subsection (b) exists, the Court shall consider any aggravating and mitigating factors as indicated in subsection (c). If the Court determines that there are no mitigating factors sufficient to preclude the imposition of the death sentence, the Court shall sentence the defendant to death. Unless the court finds that there are no mitigating factors sufficient to preclude the imposition of the sentence of death, the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. (i) Appellate Procedure. The conviction and sentence of death shall be subject to automatic review by the Supreme Court. Such review shall be in accordance with rules promulgated by the Supreme Court. (j) Disposition of reversed death sentence. In the event that the death penalty in this Act is held to be unconstitutional by the Supreme Court of the United States or of the State of Illinois, any person convicted of first degree murder shall be sentenced by the court to a term of imprisonment under Chapter V of the Unified Code of Corrections. In the event that any death sentence pursuant to the sentencing provisions of this Section is declared unconstitutional by the Supreme Court of the United States or of the State of Illinois, the court having jurisdiction over a person previously sentenced to death shall cause the defendant to be brought before the court, and the court shall sentence the defendant to a term of imprisonment under Chapter V of the Unified Code of Corrections. (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. 1-1-00.) (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) Sec. 14-3. Exemptions. The following activities shall be exempt from the provisions of this Article: (a) Listening to radio, wireless and television communications of any sort where the same are publicly made; (b) Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer; (c) Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made; (d) Recording or listening with the aid of any device to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation; (e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended; (f) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products. Such recordings must be destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated. Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section;
[November 28, 2001] 32 (g) With prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, or any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act. Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording. The Director of the Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use; (g-5) With prior notification of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party of the conversation and has consented to it being intercepted or recorded in the course of an investigation of any offense defined in Article 29D of this Code. The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use. Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, be reviewed in camera by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible under Illinois evidence law, it shall be admissible at the trial of the criminal case. (h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code; (i) Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording; and (j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when: (i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation; and (ii) the monitoring is used with the consent of at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored. No communication or conversation or any part, portion, or aspect of
33 [November 28, 2001] the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party. When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation; the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable. Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment. The notice shall include prominent signage notification within the workplace. Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording. For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators: (i) soliciting the sale of goods or services; (ii) receiving orders for the sale of goods or services; (iii) assisting in the use of goods or services; or (iv) engaging in the solicitation, administration, or collection of bank or retail credit accounts. For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or political issues, or both. (Source: P.A. 91-357, eff. 7-29-99.) (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1) Sec. 29B-1. (a) A person commits the offense of money laundering: (1) when he knowingly engages or attempts to engage in a financial transaction in criminally derived property with either the intent to promote the carrying on of the unlawful activity from which the criminally derived property was obtained or where he knows or reasonably should know that the financial transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership or the control of the criminally derived property; or
[November 28, 2001] 34 or sale of any stock, bond, certificate of deposit or other monetary instrument or any other payment, transfer or delivery by, through, or to a financial institution. For purposes of clause (a)(2) of this Section, the term "financial transaction" also means a transaction which without regard to whether the funds, monetary instruments, or real or personal property involved in the transaction are criminally derived, any transaction which in any way or degree: (1) involves the movement of funds by wire or any other means; (2) involves one or more monetary instruments; or (3) the transfer of title to any real or personal property. The receipt by an attorney of bona fide fees for the purpose of legal representation is not a financial transaction for purposes of this Section. (2) "Financial institution" means any bank; saving and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union, mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer or cashier of travelers checks, checks or money orders; dealer in precious metals, stones or jewels; broker or dealer in securities or commodities; investment banker; or investment company. (3) "Monetary instrument" means United States coins and currency; coins and currency of a foreign country; travelers checks; personal checks, bank checks, and money orders; investment securities; bearer negotiable instruments; bearer investment securities; or bearer securities and certificates of stock in such form that title thereto passes upon delivery. (4) "Criminally derived property" means any property constituting or derived from proceeds obtained, directly or indirectly, pursuant to a violation of the Criminal Code of 1961, the Illinois Controlled Substances Act or the Cannabis Control Act. (5) "Represented" means any representation made by a law enforcement officer or by any other person. (6) "Conduct" or "conducts" includes, in addition to its ordinary meaning, initiating, concluding, or participating in initiating or concluding a transaction. (7) "Specified criminal activity" means any violation of Section 20.5-5 and any violation of Article 29D of this Code. (c) Sentence. (1) Laundering of criminally derived property of a value not exceeding $10,000 is a Class 3 felony; (2) Laundering of criminally derived property of a value exceeding $10,000 but not exceeding $100,000 is a Class 2 felony; (3) Laundering of criminally derived property of a value exceeding $100,000 is a Class 1 felony;
35 [November 28, 2001] Sec. 29D-10. Definitions. As used in this Article, where not otherwise distinctly expressed or manifestly incompatible with the intent of this Article: "Computer network" means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through communication facilities. "Computer" means a device that accepts, processes, stores, retrieves, or outputs data, and includes, but is not limited to, auxiliary storage and telecommunications devices. "Computer program" means a series of coded instruction or statements in a form acceptable to a computer which causes the computer to process data and supply the results of data processing. "Data" means representations of information, knowledge, facts, concepts or instructions, including program documentation, that are prepared in a formalized manner and are stored or processed in or transmitted by a computer. Data may be in any form, including but not limited to magnetic or optical storage media, punch cards, or data stored internally in the memory of a computer. "Biological products used in agriculture" includes, but is not limited to, seeds, plants, and DNA of plants or animals altered for use in crop or livestock breeding or production or which are sold, intended, designed, or produced for use in crop production or livestock breeding or production. "Agricultural products" means crops and livestock. "Agricultural production" means the breeding and growing of livestock and crops. "Livestock" means animals bred or raised for human consumption. "Crops" means plants raised for: (1) human consumption, (2) fruits that are intended for human consumption, (3) consumption by livestock, and (4) fruits that are intended for consumption by livestock. "Communications systems" means any works, property, or material of any radio, telegraph, telephone, microwave, or cable line, station, or system. "Terrorist act" or "act of terrorism" means: (1) any act that causes or creates a risk of death or great bodily harm to one or more persons; (2) any act that disables or destroys the usefulness or operation of any communications system; (3) any act or any series of 2 or more acts committed in furtherance of a single intention, scheme, or design that disables or destroys the usefulness or operation of a computer network, computers, computer programs, or data used by any industry, by any class of business, or by 5 or more businesses or by the federal government, State government, any unit of local government, a public utility, a manufacturer of pharmaceuticals, a national defense contractor, or a manufacturer of chemical or biological products used in or in connection with agricultural production; (4) any act that disables or causes substantial damage to or destruction of any structure or facility used in or used in connection with ground, air, or water transportation; the production or distribution of electricity, gas, oil, or other fuel; the treatment of sewage or the treatment or distribution of water; or controlling the flow of any body of water; (5) any act that causes substantial damage to or destruction of livestock or to crops or a series of 2 or more acts committed in furtherance of a single intention, scheme, or design which, in the aggregate, causes substantial damage to or destruction of livestock or crops; (6) any act that causes substantial damage to or destruction of any hospital or any building or facility used by the federal government, State government, any unit of local government or by a national defense contractor or by a public utility, a manufacturer of pharmaceuticals, a manufacturer of chemical or biological products used in or in connection with agricultural production or the storage or processing of agricultural products or the preparation of agricultural products for food or food products intended for resale or for feed for livestock; or (7) any act that causes substantial damage to any building containing 5 or more businesses of any type or to any building in which 10 or more people reside.
[November 28, 2001] 36 "Terrorist" and "terrorist organization" means any person who engages or is about to engage in a terrorist act with the intent to intimidate or coerce a significant portion of a civilian population. "Material support or resources" means currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, any other kind of physical assets or intangible property, and expert services or expert assistance. "Person" has the meaning given in Section 2-15 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person. "Render criminal assistance" means to do any of the following with the intent to prevent, hinder, or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he or she knows or believes has committed an offense under this Article or is being sought by law enforcement officials for the commission of an offense under this Article, or with the intent to assist a person in profiting or benefiting from the commission of an offense under this Article: (1) harbor or conceal the person; (2) warn the person of impending discovery or apprehension; (3) provide the person with money, transportation, a weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension; (4) prevent or obstruct, by means of force, intimidation, or deception, anyone from performing an act that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; (5) suppress, by any act of concealment, alteration, or destruction, any physical evidence that might aid in the discovery or apprehension of the person or in the lodging of a criminal charge against the person; (6) aid the person to protect or expeditiously profit from an advantage derived from the crime; or (7) provide expert services or expert assistance to the person. Providing expert services or expert assistance shall not be construed to apply to: (1) a licensed attorney who discusses with a client the legal consequences of a proposed course of conduct or advises a client of legal or constitutional rights and (2) a licensed medical doctor who provides emergency medical treatment to a person whom he or she believes has committed an offense under this Article if, as soon as reasonably practicable either before or after providing such treatment, he or she notifies a law enforcement agency. (720 ILCS 5/29D-15 new) Sec. 29D-15. Soliciting material support for terrorism; providing material support for a terrorist act. (a) A person is guilty of soliciting material support for terrorism if he or she knowingly raises, solicits, or collects material support or resources knowing that the material support or resources will be used, in whole or in part, to plan, prepare, carry out, or avoid apprehension for committing terrorism as defined in Section 29D-30 or causing a catastrophe as defined in Section 20.5-5 of this Code, or who knows that the material support or resources so raised, solicited, or collected will be used by an organization designated under 8 U.S.C. 1189, as amended. It is not an element of the offense that the defendant actually knows that an organization has been designated under 8 U.S.C. 1189, as amended. (b) A person is guilty of providing material support for terrorism if he or she knowingly provides material support or resources to a
37 [November 28, 2001] person knowing that the person will use that support or those resources in whole or in part to plan, prepare, carry out, facilitate, or to avoid apprehension for committing terrorism as defined in Section 29D-30 or to cause a catastrophe as defined in Section 20.5-5 of this Code. (c) Sentence. Soliciting material support for terrorism is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years. Providing material support for a terrorist act is a Class X felony for which the sentence shall be a term of imprisonment of no less than 9 years and no more than 40 years. (720 ILCS 5/29D-20 new) Sec. 29D-20. Making a terrorist threat. (a) A person is guilty of making a terrorist threat when, with the intent to intimidate or coerce a significant portion of a civilian population, he or she in any manner knowingly threatens to commit or threatens to cause the commission of a terrorist act and thereby causes a reasonable expectation or fear of the imminent commission of a terrorist act or of another terrorist act. (b) It is not a defense to a prosecution under this Section that at the time the defendant made the terrorist threat, unknown to the defendant, it was impossible to carry out the threat, nor is it a defense that the threat was not made to a person who was a subject or intended victim of the threatened act. (c) Sentence. Making a terrorist threat is a Class X felony. (720 ILCS 5/29D-25 new) Sec. 29D-25. Falsely making a terrorist threat. (a) A person is guilty of falsely making a terrorist threat when in any manner he or she knowingly makes a threat to commit or cause to be committed a terrorist act or otherwise creates the impression or belief that a terrorist act is about to be or has been committed, or in any manner knowingly makes a threat to commit or cause to be committed a catastrophe as defined in Section 20.5-5 of this Code which he or she knows is false. (b) Sentence. Falsely making a terrorist threat is a Class 1 felony. (720 ILCS 5/29D-30 new) Sec. 29D-30. Terrorism. (a) A person is guilty of terrorism when, with the intent to intimidate or coerce a significant portion of a civilian population: (1) he or she knowingly commits an act of terrorism within this State; or (2) he or she, while outside this State, knowingly commits an act of terrorism that takes effect within this State or produces substantial detrimental effects within this State. (b) Sentence. Terrorism is a Class X felony. If no deaths are caused by the terrorist act, the sentence shall be a term of 20 years to natural life imprisonment; however, if the terrorist act caused the death of one or more persons, a mandatory term of natural life imprisonment shall be the sentence. (720 ILCS 5/29D-35 new) Sec. 29D-35. Hindering prosecution of terrorism. (a) A person is guilty of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D-30 or caused a catastrophe, as defined in Section 20.5-5 of this Code when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe. (b) Hindering prosecution of terrorism is a Class X felony, the sentence for which shall be a term of 20 years to natural life imprisonment if no death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance and a mandatory term of natural life imprisonment if death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance. (720 ILCS 5/29D-40 new)
[November 28, 2001] 38 Sec. 29D-40. Restitution. In addition to any other penalty that may be imposed, a court shall sentence any person convicted of any violation of this Article to pay all expenses incurred by the federal government, State government, or any unit of local government in responding to any violation and cleaning up following any violation. (720 ILCS 5/29D-45 new) Sec. 29D-45. Limitations. A prosecution for any offense in this Article may be commenced at any time. (720 ILCS 5/29D-55 new) Sec. 29D-55. Asset freeze orders. Whenever it appears that there is probable cause to believe that any person is using, is about to use, or is intending to use property in any way that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze all the assets of that person and, upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order freezing all assets of that person for a period of 10 days. A copy of the freeze order shall be served upon the person whose assets have been frozen and that person may, at any time within 30 days of service, file a motion to release his or her assets. In any proceeding to release assets, the burden of proof shall be by a preponderance of evidence and shall be on the person who is seeking release of his or her assets to show that he or she was not using, about to use, or intending to use any property in any way that constitutes or would constitute a violation of this Article. If the court finds that any property was being used, about to be used, or intended to be used in violation of or in any way that would constitute a violation of this Article, the court shall order the property forfeited. If the person fails to file a motion to release assets within 30 days of issuance of a freeze order, the property shall be presumed to have been used or about to be used in violation of this Article and shall, upon application of the Attorney General or a State's Attorney to the court issuing the freeze order, be ordered forfeited. All property forfeited under this Section shall be divided equally between the county in which the action is brought and the State of Illinois. (720 ILCS 5/29D-60 new) Sec. 29D-60. Injunctive relief. Whenever it appears to the Attorney General or any State's Attorney that any person is engaged in, or is about to engage in, any act that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may initiate a civil action in the circuit court to enjoin the violation. (720 ILCS 5/29D-65 new) Sec. 29D-65. Seizure and forfeiture. (a) Seizure and forfeiture of property used in connection with a violation of this Article. (1) Any money or property used, about to be used, or intended to be used in violation of or in connection with any violation of this Article, together with any other property integrally related to any acts in violation of this Article, is subject to seizure and confiscation by any peace officer of this State. Seizure and forfeiture under this Section may be pursued in addition to or in lieu of proceeding under subsection (b) of this Section. Any property so seized shall be subject to forfeiture under the following procedure. (2) If, within 60 days after any seizure under subparagraph (1) of this Section, a person having any property interest in the seized property is charged with an offense, the court which renders judgment upon the charge shall, within 30 days after the judgment, conduct a forfeiture hearing to determine whether the property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article. The hearing shall be commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any
39 [November 28, 2001] property interest in the seized property, a representation that written notice of the date, time, and place of the hearing has been mailed to every such person by certified mail at least 10 days before the date, and a request for forfeiture. Every such person may appear as a party and present evidence at the hearing. The quantum of proof required shall be preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was used, about to be used, or intended to be used in violation of this Article or in connection with any violation of this Article, or was integrally related to any violation or intended violation of this Article, an order of forfeiture and disposition of the seized money and property shall be entered. All property forfeited may be liquidated and the resultant money together with any money forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order, any such property so forfeited shall be received by the State's Attorney or Attorney General and upon liquidation shall be allocated among the participating law enforcement agencies in such proportions as may be determined equitable by the court entering the forfeiture order. (3) If a seizure under subparagraph (1) of this subsection (a) is not followed by a charge under this Article, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction or a judgment of acquittal is entered, the State's Attorney or Attorney General shall commence an in rem proceeding for the forfeiture of any seized money or other things of value, or both, in the circuit court and any person having any property interest in the money or property may commence separate civil proceedings in the manner provided by law. Any property so forfeited shall be allocated among the participating law enforcement agencies in such proportions as may be determined to be equitable by the court entering the forfeiture order. (b) Forfeiture of property acquired in connection with a violation of this Article. (1) Any person who commits any offense under this Article shall forfeit, according to the provisions of this Section, any moneys, profits, or proceeds, and any interest or property in which the sentencing court determines he or she has acquired or maintained, directly or indirectly, in whole or in part, as a result of, or used, was about to be used, or was intended to be used in connection with the offense. The person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords the person a source of influence over any enterprise which he or she has established, operated, controlled, conducted, or participated in conducting, where his or her relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he or she has obtained or acquired through an offense under this Article or which he or she used, about to use, or intended to use in connection with any offense under this Article. Forfeiture under this Section may be pursued in addition to or in lieu of proceeding under subsection (a) of this Section. (2) Proceedings instituted under this subsection shall be subject to and conducted in accordance with the following procedures: (A) The sentencing court shall, upon petition by the prosecuting agency, whether it is the Attorney General or the State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this subsection. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture.
[November 28, 2001] 40 (B) In any action brought by the People of the State of Illinois under this Section, the court shall have jurisdiction to enter such restraining orders, injunctions, or prohibitions, or to take such other action in connection with any real, personal, or mixed property, or other interest, subject to forfeiture, as it shall consider proper. (C) In any action brought by the People of the State of Illinois under this subsection in which any restraining order, injunction, or prohibition or any other action in connection with any property or interest subject to forfeiture under this subsection is sought, the circuit court presiding over the trial of the person or persons charged with a violation under this Article shall first determine whether there is probable cause to believe that the person or persons so charged have committed an offense under this Article and whether the property or interest is subject to forfeiture under this subsection. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury in which the People shall establish: (i) probable cause that the person or persons so charged have committed an offense under this Article; and (ii) probable cause that any property or interest may be subject to forfeiture under this subsection. The hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of an information charging a violation of this Article or the return of an indictment by a grand jury charging an offense under this Article as sufficient probable cause for purposes of this subsection. Upon such a finding, the circuit court shall enter such restraining order, injunction, or prohibition or shall take such other action in connection with any such property or other interest subject to forfeiture under this subsection as is necessary to ensure that the property is not removed from the jurisdiction of the court, concealed, destroyed, or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this subsection. The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order, or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition, or other action. The court may release the property to the defendant for good cause shown and within the sound discretion of the court. (D) Upon a conviction of a person under this Article, the court shall authorize the Attorney General or State's Attorney to seize and sell all property or other interest declared forfeited under this Article, unless the property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General or State's Attorney to segregate funds from the proceeds of the sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this subsection; or (3) to satisfy any bona-fide purchaser for value of the
41 [November 28, 2001] right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General or State's Attorney shall publish notice of the order and his or her intent to dispose of the property. Within 30 days following the publication, any person may petition the court to adjudicate the validity of his or her alleged interest in the property. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale, along with any moneys forfeited or seized, among participating law enforcement agencies in such equitable portions as the court shall determine. (E) No judge shall release any property or money seized under subdivision (A) or (B) for the payment of attorney's fees of any person claiming an interest in such money or property. (720 ILCS 5/29D-70 new) Sec. 29D-70. Severability. If any clause, sentence, Section, provision, or part of this Article or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of this Article or its application to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Section 20. The Code of Criminal Procedure of 1963 is amended by changing Sections 108-4, 108A-6, 108B-1, 108B-2, 108B-3, 108B-4, 108B-5, 108B-7, 108B-8, 108B-9, 108B-10, 108B-11, 108B-12, and 108B-14 and adding Section 108B-7.5 as follows: (725 ILCS 5/108-4) (from Ch. 38, par. 108-4) Sec. 108-4. Issuance of search warrant. (a) All warrants upon written complaint shall state the time and date of issuance and be the warrants of the judge issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or clerk thereof. The complaint on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned "not executed". The search warrant upon written complaint may be issued electronically or electromagnetically by use of a facsimile transmission machine and any such warrant shall have the same validity as a written search warrant. (b) Warrant upon oral testimony. (1) General rule. When the offense in connection with which a search warrant is sought constitutes terrorism or any related offense as defined in Article 29D of the Criminal Code of 1961, and if the circumstances make it reasonable to dispense, in whole or in part, with a written affidavit, a judge may issue a warrant based upon sworn testimony communicated by telephone or other appropriate means, including facsimile transmission. (2) Application. The person who is requesting the warrant shall prepare a document to be known as a duplicate original warrant and shall read such duplicate original warrant, verbatim, to the judge. The judge shall enter, verbatim, what is so read to the judge on a document to be known as the original warrant. The judge may direct that the warrant be modified. (3) Issuance. If the judge is satisfied that the offense in connection with which the search warrant is sought constitutes terrorism or any related offense as defined in Article 29D of the Criminal Code of 1961, that the circumstances are such as to make it reasonable to dispense with a written affidavit, and that grounds for the application exist or that there is probable cause to believe that they exist, the judge shall order the issuance of a warrant by directing the person requesting the warrant to sign the judge's name on the duplicate original warrant. The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be
[November 28, 2001] 42 issued. The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit. (4) Recording and certification of testimony. When a caller informs the judge that the purpose of the call is to request a warrant, the judge shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for that warrant. If a voice recording device is available, the judge shall record by means of the device all of the call after the caller informs the judge that the purpose of the call is to request a warrant, otherwise a stenographic or longhand verbatim record shall be made. If a voice recording device is used or a stenographic record made, the judge shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the judge shall file a signed copy with the court. (5) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit. (6) Additional rule for execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant. (7) Motion to suppress precluded. Absent a finding of bad faith, evidence obtained pursuant to a warrant issued under this subsection (b) is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit. (Source: P.A. 87-523.) (725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6) Sec. 108A-6. Emergency Exception to Procedures. (a) Notwithstanding any other provisions of this Article, any investigative or law enforcement officer, upon approval of a State's Attorney, or without it if a reasonable effort has been made to contact the appropriate State's Attorney, may use an eavesdropping device in an emergency situation as defined in this Section. Such use must be in accordance with the provisions of this Section and may be allowed only where the officer reasonably believes that an order permitting the use of the device would issue were there a prior hearing. An emergency situation exists when, without previous notice to the law enforcement officer sufficient to obtain prior judicial approval, the conversation to be overheard or recorded will occur within a short period of time, the use of the device is necessary for the protection of the law enforcement officer or it will occur in a situation involving a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; or (3) any violation of Article 29D. (b) In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. In order to approve such emergency use, the judge must make a determination (1) that he would have granted an order had the information been before the court prior to the use of the device and (2) that there was an emergency situation as defined in this Section. (c) In the event that an application for approval under this Section is denied the contents of the conversations overheard or recorded shall be treated as having been obtained in violation of this Article. (Source: P.A. 86-763.) (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1) Sec. 108B-1. Definitions. For the purpose of this Article: (a) "Aggrieved person" means a person who was a party to any
43 [November 28, 2001] intercepted private
[November 28, 2001] 44 compiling, editing or disseminating news for the general public. (m) "Law enforcement agency" means any law enforcement agency of the United States, or the State or a political subdivision of it. (n) "Oral communication" means human speech used to communicate by one party to another, in person, by wire communication or by any other means. (o) "Private
45 [November 28, 2001] 24-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or conspiracy to commit money laundering or conspiracy to commit first degree murder; (ii) in response to a clear and present danger of imminent death or great bodily harm to persons resulting from: (1) a kidnapping or the holding of a hostage by force or the threat of the imminent use of force; or (2) the occupation by force or the threat of the imminent use of force of any premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation or prosecution of a civil action brought under the Illinois Streetgang Terrorism Omnibus Prevention Act when there is probable cause to believe the interception of the private oral communication will provide evidence that a streetgang is committing, has committed, or will commit a second or subsequent gang-related offense or that the interception of the private oral communication will aid in the collection of a judgment entered under that Act; or (iv) upon information and belief that a streetgang has committed, is committing, or is about to commit a felony. (b) The State's Attorney or a person designated in writing or by law to act for the State's Attorney and to perform his or her duties during his or her absence or disability, may authorize, in writing, an ex parte application to the chief judge of a circuit court for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit, a violation of an offense under Article 29D of the Criminal Code of 1961. (b-1) Subsection (b) shall cease to have effect on December 31, 2005. (b-2) No conversations recorded or monitored pursuant to subsection (b) shall be made inadmissable in a court of law by virtue of subsection (b-1). (c) As used in this Section, "streetgang" and "gang-related" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (Source: P.A. 88-249; 88-677, eff. 12-15-94.) (725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4) Sec. 108B-4. Application for order of interception. (a) Each application for an order of authorization to intercept a private
[November 28, 2001] 46 not automatically terminate when the described type of communication has been first obtained, a particular statement of facts establishing probable cause to believe that additional communications of the same type will continue to occur; (viii) A particular statement of facts showing that other normal investigative procedures with respect to the offense have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or are too dangerous to employ; (4) Where the application is for the extension of an order, a statement of facts showing the results obtained from the interception, or a reasonable explanation of the failure to obtain results; (5) A statement of the facts concerning all previous applications known to the applicant made to any court for authorization to intercept a private
47 [November 28, 2001] the time the order is issued, the order may provide that the interception may continue anywhere within the State if the vehicle, watercraft, or aircraft leaves the judicial circuit. (Source: P.A. 85-1203.) (725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7) Sec. 108B-7. Contents of order for use of eavesdropping device. (a) Each order authorizing the interception of a private
[November 28, 2001] 48 (f) An order authorizing the interception of a private
49 [November 28, 2001] Code of 1961. (b) An interception of a communication under an order with respect to which the requirements of subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do not apply by reason of this Section shall not begin until the place where the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subdivision (a)(2) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously. (725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8) Sec. 108B-8. Emergency use of eavesdropping device. (a) Whenever, upon informal application by the State's Attorney, a chief judge of competent jurisdiction determines that: (1) There may be grounds upon which an order could be issued under this Article; (2) There is probable cause to believe that an emergency situation exists with respect to the investigation of an offense enumerated in Section 108B-3; and (3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate interception of a private
[November 28, 2001] 50 (b) Immediately upon the expiration of the order or its extensions, the tapes and other recordings shall be transferred to the chief judge issuing the order and sealed under his direction. Custody of the tapes, or other recordings, shall be maintained wherever the chief judge directs. They shall not be destroyed except upon an order of a court of competent jurisdiction and in any event shall be kept for 10 years. Duplicate tapes or other recordings may be made for disclosure or use under paragraph (a) of Section 108B-2a of this Article. The presence of the seal provided by this Section, or a satisfactory explanation for its absence, shall be a prerequisite for the disclosure of the contents of any private
51 [November 28, 2001] (d) On an ex parte showing of good cause to a court of competent jurisdiction, the serving of the inventories required by this Section may be postponed for a period not to exceed 12 months. (Source: P.A. 85-1203.) (725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12) Sec. 108B-12. Approval, notice, suppression. (a) If an electronic criminal surveillance officer, while intercepting a private
[November 28, 2001] 52 invalid, he shall enter an order prohibiting any question being put to the witness based on the unlawful interception. (f) Motions under this Section shall be made prior to the official proceeding unless there was no opportunity to make the motion or unless the aggrieved person who is a party was not aware of the grounds for the motion. Motions by co-indictees shall, on motion of the People, be heard in a single consolidated hearing. (g) A chief judge of a court of competent jurisdiction, upon the filing of a motion by an aggrieved person who is a party under this Section, except before a grand jury, may make available for inspection by the aggrieved person or his attorney such portions of the intercepted private communications, applications and orders or the evidence derived from them as the judge determines to be in the interest of justice. (h) If a motion under this Section is granted, the intercepted private
53 [November 28, 2001] organized terrorist activity directed against innocent civilians and certain criminal enterprises have developed that require investigation, indictment, and prosecution on a statewide or multicounty level. The criminal
[November 28, 2001] 54 Controlled Substances Act, the Cannabis Control Act, the Narcotics Profit Forfeiture Act, or the Cannabis and Controlled Substances Tax Act; a streetgang related felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a money laundering offense; provided that the violation or offense involves acts occurring in more than one county of this State; and (a-5) For violations facilitated by the use of a computer, including the use of the Internet, the World Wide Web, electronic mail, message board, newsgroup, or any other commercial or noncommercial on-line service, of any of the following offenses: indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, keeping a place of juvenile prostitution, juvenile pimping, or child pornography; and (b) For the offenses of perjury, subornation of perjury, communicating with jurors and witnesses, and harassment of jurors and witnesses, as they relate to matters before the Statewide Grand Jury. "Streetgang related" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Upon written application by the Attorney General for the convening of an additional Statewide Grand Jury, the Chief Justice of the Supreme Court shall appoint a Circuit Judge from the circuit for which the additional Statewide Grand Jury is sought. The Circuit Judge shall determine the necessity for an additional Statewide Grand Jury in accordance with the provisions of this Section. No more than 2 Statewide Grand Juries may be empaneled at any time. (Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01.) (725 ILCS 215/4) (from Ch. 38, par. 1704) Sec. 4. (a) The presiding judge of the Statewide Grand Jury will receive recommendations from the Attorney General as to the county in which the Grand Jury will sit. Prior to making the recommendations, the Attorney General shall obtain the permission of the local State's Attorney to use his or her county for the site of the Statewide Grand Jury. Upon receiving the Attorney General's recommendations, the presiding judge will choose one of those recommended locations as the site where the Grand Jury shall sit. Any indictment by a Statewide Grand Jury shall be returned to the Circuit Judge presiding over the Statewide Grand Jury and shall include a finding as to the county or counties in which the alleged offense was committed. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial. The judge may also, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by the Statewide Grand Jury and set venue for trial. (b) Venue for purposes of trial for the offense of narcotics racketeering shall be proper in any county where: (1) Cannabis or a controlled substance which is the basis for the charge of narcotics racketeering was used; acquired; transferred or distributed to, from or through; or any county where any act was performed to further the use; acquisition, transfer or distribution of said cannabis or controlled substance; or (2) Any money, property, property interest, or any other asset generated by narcotics activities was acquired, used, sold, transferred or distributed to, from or through; or, (3) Any enterprise interest obtained as a result of narcotics racketeering was acquired, used, transferred or distributed to, from or through, or where any activity was conducted by the enterprise or any conduct to further the interests of such an enterprise. (c) Venue for purposes of trial for the offense of money laundering shall be proper in any county where any part of a financial transaction in criminally derived property took place, or in any county where any money or monetary interest which is the basis for the offense, was acquired, used, sold, transferred or distributed to, from,
55 [November 28, 2001] or through. (d) A person who commits the offense of cannabis trafficking or controlled substance trafficking may be tried in any county. (e) Venue for purposes of trial for any violation of Article 29D of the Criminal Code of 1961 may be in the county in which an act of terrorism occurs, the county in which material support or resources are provided or solicited, the county in which criminal assistance is rendered, or any county in which any act in furtherance of any violation of Article 29D of the Criminal Code of 1961 occurs. (Source: P.A. 87-466.) (725 ILCS 215/10) (from Ch. 38, par. 1710) Sec. 10. The Attorney General shall, at the earliest opportunity, upon initiation of Grand Jury action, consult with and advise the State's Attorney of any county involved in a Statewide Grand Jury terrorist or narcotics investigation. Further, the State's Attorney may attend the Grand Jury proceedings or the trial of any party being investigated or indicted by the Statewide Grand Jury, and may assist in the prosecution, which in his or her judgment, is in the interest of the people of his or her county. Prior to granting transactional immunity to any witness before the Statewide Grand Jury, any State's Attorney with jurisdiction over the offense or offenses being investigated by the Statewide Grand Jury must consent to the granting of immunity to the witness. Prior to granting use immunity to any witness before the Statewide Grand Jury, the Attorney General shall consult with any State's Attorney with jurisdiction over the offense or offenses being investigated by the Statewide Grand Jury. (Source: P.A. 87-466.) Section 25. The Unified Code of Corrections is amended by changing Sections 3-6-3 and 5-4-3 as follows: (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) Sec. 3-6-3. Rules and Regulations for Early Release. (a) (1) The Department of Corrections shall prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board. (2) The rules and regulations on early release shall provide, with respect to offenses committed on or after June 19, 1998, the following: (i) that a prisoner who is serving a term of imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court; (ii) that a prisoner serving a sentence for attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm, heinous battery, aggravated battery of a senior citizen, or aggravated battery of a child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment; and (iii) that a prisoner serving a sentence for home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c-1) of Section 5-4-1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (2.1) For all offenses, other than those enumerated in subdivision (a)(2) committed on or after June 19, 1998, and other than the offense of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after
[November 28, 2001] 56 January 1, 1999, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9. Each day of good conduct credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3-3-9. (2.2) A prisoner serving a term of natural life imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit. (2.3) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 committed on or after January 1, 1999 shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after the effective date of this amendatory Act of 1999, that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (2.5) The rules and regulations on early release shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after the effective date of this amendatory Act of the 92nd General Assembly shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment. (3) The rules and regulations shall also provide that the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper; except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, cruelty to a child, or narcotic racketeering. Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of: (i) one of the offenses enumerated in subdivision (a)(2) when the offense is committed on or after June 19, 1998, (ii) reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 when the offense is committed on or after January 1, 1999, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after the effective date of this amendatory Act of 1999, or (iv) aggravated arson when the offense is committed on or after the effective date of this amendatory Act of the 92nd General Assembly. (4) The rules and regulations shall also provide that the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as
57 [November 28, 2001] determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date. However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) while assigned to a boot camp, mental health unit, or electronic detention, or if convicted of an offense enumerated in paragraph (a)(2) of this Section that is committed on or after June 19, 1998, or if convicted of reckless homicide as defined in subsection (e) of Section 9-3 of the Criminal Code of 1961 if the offense is committed on or after January 1, 1999, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after the effective date of this amendatory Act of 1999, or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility. Educational, vocational, substance abuse and correctional industry programs under which good conduct credit may be increased under this paragraph (4) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants. Availability of these programs shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate. (5) Whenever the Department is to release any inmate earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable advance notice of the impending release to the State's Attorney of the county where the prosecution of the inmate took place. (b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences shall be construed under Section 5-8-4 in granting and forfeiting of good time. (c) The Department shall prescribe rules and regulations for revoking good conduct credit, or suspending or reducing the rate of accumulation of good conduct credit for specific rule violations, during imprisonment. These rules and regulations shall provide that no inmate may be penalized more than one year of good conduct credit for any one infraction. When the Department seeks to revoke, suspend or reduce the rate of accumulation of any good conduct credits for an alleged infraction of its rules, it shall bring charges therefor against the prisoner sought to be so deprived of good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(4) of Section 3-3-2 of this Code, if the amount of credit at issue exceeds 30 days or when during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In those cases, the Department of Corrections may revoke up to 30 days of good conduct credit. The Board may subsequently approve the revocation of additional good conduct credit, if the
[November 28, 2001] 58 Department seeks to revoke good conduct credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the Department. The Director of the Department of Corrections, in appropriate cases, may restore up to 30 days good conduct credits which have been revoked, suspended or reduced. Any restoration of good conduct credits in excess of 30 days shall be subject to review by the Prisoner Review Board. However, the Board may not restore good conduct credit in excess of the amount requested by the Director. Nothing contained in this Section shall prohibit the Prisoner Review Board from ordering, pursuant to Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the sentence imposed by the court that was not served due to the accumulation of good conduct credit. (d) If a lawsuit is filed by a prisoner in an Illinois or federal court against the State, the Department of Corrections, or the Prisoner Review Board, or against any of their officers or employees, and the court makes a specific finding that a pleading, motion, or other paper filed by the prisoner is frivolous, the Department of Corrections shall conduct a hearing to revoke up to 180 days of good conduct credit by bringing charges against the prisoner sought to be deprived of the good conduct credits before the Prisoner Review Board as provided in subparagraph (a)(8) of Section 3-3-2 of this Code. If the prisoner has not accumulated 180 days of good conduct credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the prisoner. For purposes of this subsection (d): (1) "Frivolous" means that a pleading, motion, or other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria: (A) it lacks an arguable basis either in law or in fact; (B) it is being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (C) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (D) the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or (E) the denials of factual contentions are not warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief. (2) "Lawsuit" means a petition for post-conviction relief under Article 122 of the Code of Criminal Procedure of 1963, a motion pursuant to Section 116-3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act or an action under the federal Civil Rights Act (42 U.S.C. 1983). (e) Nothing in this amendatory Act of 1998 affects the validity of Public Act 89-404. (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 92-176, eff. 7-27-01.) (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Persons convicted of, or found delinquent for, qualifying offenses or institutionalized as sexually dangerous; blood specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense, or institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under
59 [November 28, 2001] the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section, provided such person is: (1) convicted of a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1989, and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense, or (1.5) found guilty or given supervision under the Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1996, or (2) ordered institutionalized as a sexually dangerous person on or after the effective date of this amendatory Act of 1989, or (3) convicted of a qualifying offense or attempt of a qualifying offense before the effective date of this amendatory Act of 1989 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction, or (4) presently institutionalized as a sexually dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or (4.5) ordered committed as a sexually violent person on or after the effective date of the Sexually Violent Persons Commitment Act; or (5) seeking transfer to or residency in Illinois under Sections 3-3-11 through 3-3-11.5 of the Unified Code of Corrections (Interstate Compact for the Supervision of Parolees and Probationers) or the Interstate Agreements on Sexually Dangerous Persons Act. (a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or any offense classified as a felony under Illinois law or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section. (b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), and (a-5) to provide specimens of blood shall provide specimens of blood within 45 days after sentencing or disposition at a collection site designated by the Illinois Department of State Police. (c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to provide specimens of blood shall be required to provide such samples prior to final discharge, parole, or release at a collection site designated by the Illinois Department of State Police. (c-5) Any person required by paragraph (a)(5) to provide specimens of blood shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State. (d) The Illinois Department of State Police shall provide all equipment and instructions necessary for the collection of blood samples. The collection of samples shall be performed in a medically approved manner. Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of this Act. The samples shall thereafter be forwarded to the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (e) The genetic marker groupings shall be maintained by the Illinois Department of State Police, Division of Forensic Services.
[November 28, 2001] 60 (f) The genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies. Notwithstanding any other statutory provision to the contrary, all information obtained under this Section shall be maintained in a single State data base, which may be uploaded into a national database, and may not be subject to expungement. (g) For the purposes of this Section, "qualifying offense" means any of the following: (1) Any violation or inchoate violation of Section 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the Criminal Code of 1961, or (1.1) Any violation or inchoate violation of Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which persons are convicted on or after July 1, 2001, or (2) Any former statute of this State which defined a felony sexual offense, or (3) Any violation of paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 when the sentencing court, upon a motion by the State's Attorney or Attorney General, makes a finding that the child luring involved an intent to commit sexual penetration or sexual conduct as defined in Section 12-12 of the Criminal Code of 1961, or (4) Any violation or inchoate violation of Section 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 1961, or (5) Any violation or inchoate violation of Article 29D of the Criminal Code of 1961. (g-5) The Department of State Police is not required to provide equipment to collect or to accept or process blood specimens from individuals convicted of any offense listed in paragraph (1.1) or (4) of subsection (g), until acquisition of the resources necessary to process such blood specimens, or in the case of paragraph (1.1) of subsection (g) until July 1, 2003, whichever is earlier. Upon acquisition of necessary resources, including an appropriation for the purpose of implementing this amendatory Act of the 91st General Assembly, but in the case of paragraph (1.1) of subsection (g) no later than July 1, 2003, the Department of State Police shall notify the Department of Corrections, the Administrative Office of the Illinois Courts, and any other entity deemed appropriate by the Department of State Police, to begin blood specimen collection from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g) that the Department is prepared to provide collection equipment and receive and process blood specimens from individuals convicted of offenses enumerated in paragraph (1.1) of subsection (g). Until the Department of State Police provides notification, designated collection agencies are not required to collect blood specimen from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g). (h) The Illinois Department of State Police shall be the State central repository for all genetic marker grouping analysis information obtained pursuant to this Act. The Illinois Department of State Police may promulgate rules for the form and manner of the collection of blood samples and other procedures for the operation of this Act. The provisions of the Administrative Review Law shall apply to all actions taken under the rules so promulgated. (i) A person required to provide a blood specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood specimen is a Class A misdemeanor. (j) Any person required by subsection (a) to submit specimens of
61 [November 28, 2001] blood to the Illinois Department of State Police for analysis and categorization into genetic marker grouping, in addition to any other disposition, penalty, or fine imposed, shall pay an analysis fee of $500. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee. (k) All analysis and categorization fees provided for by subsection (j) shall be regulated as follows: (1) The State Offender DNA Identification System Fund is hereby created as a special fund in the State Treasury. (2) All fees shall be collected by the clerk of the court and forwarded to the State Offender DNA Identification System Fund for deposit. The clerk of the circuit court may retain the amount of $10 from each collected analysis fee to offset administrative costs incurred in carrying out the clerk's responsibilities under this Section. (3) Fees deposited into the State Offender DNA Identification System Fund shall be used by Illinois State Police crime laboratories as designated by the Director of State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following: (A) Costs incurred in providing analysis and genetic marker categorization as required by subsection (d). (B) Costs incurred in maintaining genetic marker groupings as required by subsection (e). (C) Costs incurred in the purchase and maintenance of equipment for use in performing analyses. (D) Costs incurred in continuing research and development of new techniques for analysis and genetic marker categorization. (E) Costs incurred in continuing education, training, and professional development of forensic scientists regularly employed by these laboratories. (l) The failure of a person to provide a specimen, or of any person or agency to collect a specimen, within the 45 day period shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois Department of State Police or persons designated by the Department to collect the specimen, or the authority of the Illinois Department of State Police to accept, analyze and maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database. (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 92-40, eff. 6-29-01.) Section 30. The Charitable Trust Act is amended by adding Section 16.5 as follows: (760 ILCS 55/16.5 new) Sec. 16.5. Terrorist acts. (a) Any person or organization subject to registration under this Act, who acts to further, directly or indirectly, or uses charitable assets to conduct or further, directly or indirectly, an act or actions as set forth in Article 29D of the Criminal Code of 1961, is thereby engaged in an act or actions contrary to public policy and antithetical to charity, and all of the funds, assets, and records of the person or organization shall be subject to temporary and permanent injunction from use or expenditure and the appointment of a temporary and permanent receiver to take possession of all of the assets and related records. (b) Upon a finding that a person or organization has acted or is in violation of this Section, the person or organization shall be permanently enjoined from soliciting funds from the public, holding charitable funds, or acting as a trustee or fiduciary within Illinois. Upon a finding of violation all assets and funds held by the person or organization shall be forfeited to the People of the State of Illinois or otherwise ordered by the court to be accounted for and marshaled and
[November 28, 2001] 62 then delivered to charitable causes and uses within the State of Illinois by court decree. (c) An ex parte action may be commenced by the Attorney General, and, upon a showing of reasonable suspicion of a violation of this Section or Article 29D of the Criminal Code of 1961, an immediate seizure of books and records and assets by the Attorney General by and through his or her assistants or investigators or the Department of State Police shall be made by order of a court to protect the public, protect the assets, and allow a full review of the records. (d) A determination under this Section may be made by any court separate and apart from any criminal proceedings and the standard of proof shall be that for civil proceedings. (e) Any use of charitable assets to conduct or further, directly or indirectly, an act or actions set forth in Article 29D of the Criminal Code of 1961 shall be a misuse of charitable assets and breach of fiduciary duty relative to all other Sections of this Act. (720 ILCS 5/Article 29C rep.) Section 95. The Criminal Code of 1961 is amended by repealing Article 29C. Section 96. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 2299, AS AMENDED, with page and line number references to Senate Amendment No. 1, on page 16, by inserting between lines 21 and 22 the following: "This subsection (g-5) is inoperative on and after January 1, 2005."; and on page 23, by inserting between lines 10 and 11 the following: ""Substantial damage" means monetary damage greater than $100,000."; and on page 23, by replacing line 12 with the following: "that is intended to cause or create a risk and does cause or create a risk of death or great bodily harm"; and on page 26, line 16, by inserting "and intends" after "knows"; and on page 26, line 17, by inserting "in the commission of a terrorist act as defined in Section 29D-10 of this Code" after "used"; and on page 27, line 9, by inserting "as defined in Section 29D-10" after "act"; and on page 27, line 24, by inserting "as defined in Section 29D-10" after "act"; and on page 28, line 6, by replacing "an act of terrorism" with the following: "a terrorist act as defined in Section 29D-10 of this Code"; and on page 28, line 9, by replacing "an act of terrorism" with the following: "a terrorist act as defined in Section 29D-10 of this Code"; and on page 28, line 17, by inserting after "sentence" the following: "in the event the death penalty is not imposed"; and on page 29, by deleting lines 12 through 31; and on page 30, by deleting lines 1 through 11; and on page 30, line 20, by replacing "Seizure" with "Asset freeze, seizure,"; and on page 30, line 21, by replacing "Seizure" with "Asset freeze, seizure,"; and on page 30, line 21, by deleting "of property used"; and on page 30, by replacing lines 23 through 32 with the following: "(1) Whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute a violation of this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all the assets of that person and, upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that
63 [November 28, 2001] person. A copy of the freeze or seize order shall be served upon the person whose assets have been frozen or seized and that person may, at any time within 30 days of service, file a motion to release his or her assets. In any proceeding to release assets, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute a violation of this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in violation of or in any way that would constitute a violation of this Article, the court shall order the property frozen or held until further order of the court. Any property so ordered held or frozen shall be subject to forfeiture under the following procedure."; and on page 31, line 1, by inserting "or asset freeze" after "seizure"; and on page 31, line 3, by inserting "or frozen" after "seized"; and on page 31, line 14, by inserting "or frozen" after "seized"; and on page 31, line 22, by inserting "or frozen" after "seized"; and on page 31, line 27, by inserting "or frozen" after "seized"; and on page 32, line 5, by inserting "or asset freeze" after "seizure"; and on page 39, by inserting between lines 9 and 10 the following: "(8) This subsection (b) is inoperative on and after January 1, 2005."; and on page 46, lines 5 and 6, by replacing "shall cease to have effect on December 31" with "is inoperative on and after January 1". AMENDMENT NO. 3. Amend House Bill 2299, AS AMENDED, in subsection (a) of Sec. 16.5 of Section 5, by replacing "who acts" with "who knowingly acts"; and in subsection (a) of Sec. 16.5 of Section 5, by replacing "or uses charitable" with "or knowingly uses charitable"; and by replacing all of subsections (b) and (c) of Sec 16.5 of Section 5 with the following: "(b) An ex parte action may be commenced by the Attorney General, and, upon a showing of probable cause of a violation of this Section or Article 29D of the Criminal Code of 1961, an immediate seizure of books and records and assets by the Attorney General by and through his or her assistants or investigators or the Department of State Police shall be made by order of a court to protect the public, protect the assets, and allow a full review of the records. (c) Upon a finding by a court after a hearing that a person or organization has acted or is in violation of this Section, the person or organization shall be permanently enjoined from soliciting funds from the public, holding charitable funds, or acting as a trustee or fiduciary within Illinois. Upon a finding of violation all assets and funds held by the person or organization shall be forfeited to the People of the State of Illinois or otherwise ordered by the court to be accounted for and marshaled and then delivered to charitable causes and uses within the State of Illinois by court order."; and in subsection (e) of Sec. 16.5 of Section 5, by inserting "knowing" after "Any"; and in the first sentence of subsection (g-5) of Sec. 14-3 of Section 15, by replacing "notification of" with "notification to"; and in the first sentence of subsection (g-5) of Sec. 14-3 of Section 15, by replacing "party of" with "party to"; and in the second paragraph of subsection (g-5) of Sec. 14-3 of Section 15, by inserting "with notice to all parties present" after "camera"; and in the second paragraph of subsection (g-5) of Sec. 14-3 of Section 15, by deleting "under Illinois evidence law"; and by inserting after the end of subsection (g-5) of Sec. 14-3 of Section 15 the following: "No conversations recorded or monitored pursuant to this subsection (g-5) shall be inadmissable in a court of law by virtue of the repeal of this subsection (g-5) on January 1, 2005."; and in clause (B) of paragraph (2) of subsection (a) of Sec. 29B-1 of Section 15, by inserting "as defined by subdivision (b)(6)" after
[November 28, 2001] 64 "activity"; and in subsection (a) of Sec. 29B-1 of Section 15, by replacing "represented to be the proceeds of specified criminal activity or property used to conduct or facilitate specified criminal activity" with "he or she believes to be the proceeds of specified criminal activity as defined by subdivision (b)(6) or property used to conduct or facilitate specified criminal activity as defined by subdivision (b)(6)"; and by deleting subdivision (5) of subsection (b) of Sec. 29B-1 of Section 15; and by redesignating subdivisions (6) and (7) of subsection (b) of Sec. 29B-1 of Section 15 as subdivisions (5) and (6), respectively; and in the redesignated subdivision (6) of subsection (b) of Sec. 29B-1 of Section 15, by inserting "(720 ILCS 5/20.5-5)" after "20.5-5"; and by inserting after the end of Sec. 29D-5 of Section 15 the following: "An investigation may not be initiated or continued for activities protected by the First Amendment to the United States Constitution, including expressions of support or the provision of financial support for the nonviolent political, religious, philosophical, or ideological goals or beliefs of any person or group."; and in Sec. 29D-10 of Section 15, by inserting "(a)" before ""Computer network" means"; and in Sec. 29D-10 of Section 15, by inserting "(b)" before ""Computer" means"; and in Sec. 29D-10 of Section 15, by inserting "(c)" before ""Computer program" means"; and in Sec. 29D-10 of Section 15, by inserting "(d)" before ""Data" means"; and in Sec. 29D-10 of Section 15, by inserting "(e)" before ""Biological products used in agriculture" includes"; and in Sec. 29D-10 of Section 15, by inserting "(f)" before ""Agricultural products" means"; and in Sec. 29D-10 of Section 15, by inserting "(g)" before ""Agricultural production" means"; and in Sec. 29D-10 of Section 15, by inserting "(h)" before ""Livestock" means"; and in Sec. 29D-10 of Section 15, by inserting "(i)" before ""Crops" means"; and in Sec. 29D-10 of Section 15, by inserting "(j)" before ""Communications systems" means"; and in Sec. 29D-10 of Section 15, by inserting "(k)" before ""Substantial damage" means"; and in Sec. 29D-10 of Section 15, by inserting "(l)" before ""Terrorist act" or"; and in Sec. 29D-10 of Section 15, by inserting "(m)" before ""Terrorist" and "terrorist organization" means"; and in Sec. 29D-10 of Section 15, by inserting "(n)" before ""Material support or resources" means"; and in Sec. 29D-10 of Section 15, by inserting "(o)" before ""Person" has the meaning"; and in Sec. 29D-10 of Section 15, by inserting "(p)" before ""Render criminal assistance" means"; and in the first sentence of subsection (a) of Sec. 29D-15 of Section 15, by inserting "(720 ILCS 5/20.5-5)" after "20.5-5"; and in the first sentence of subsection (a) of Sec. 29D-15 of Section 15, by inserting "(l)" after "29D-10"; and in subsection (b) of Sec. 29D-15 of Section 15, by inserting "(720 ILCS 5/20.5-5)" after "20.5-5"; and in subsection (a) of Sec. 29D-20 of Section 15, by inserting "(l)" after "29D-10"; and in subsection (a) of 29D-20 of Section 15, by replacing "imminent commission of a terrorist act or of another terrorist act" with "imminent commission of a terrorist act as defined in Section 29D-10(1) or of another terrorist act as defined in Section 29D-10(1)"; and in subsection (a) of Sec. 29D-25 of Section 15, by inserting "(l)" after "29D-10"; and
65 [November 28, 2001] in subsection (a) of Sec. 29D-25 of Section 15, by inserting "knowingly" after "otherwise"; and in subsection (a) of Sec. 29D-25 of Section 15, by inserting "(720 ILCS 5/20.5-5)" after "20.5-5" and in clause (1) of subsection (a) of Sec. 29D-30 of Section 15, by inserting "(l)" after "29D-10"; and in clause (2) of subsection (a) of Sec. 29D-30 of Section 15, by inserting "(l)" after "29D-10"; and in the second sentence of clause (1) of subsection (a) of Sec. 29D-65 of Section 15, by inserting "Within 10 days that person is entitled to a hearing." after "assets."; and by inserting after the end of Sec. 29D-70 of Section 15 the following: "Section 17. The Boarding Aircraft With Weapon Act is amended by changing Section 7 as follows: (720 ILCS 545/7) (from Ch. 38, par. 84-7) Sec. 7. Sentence. Violation of this Act is a Class 4 felony
[November 28, 2001] 66 after "Any". AMENDMENT NO. 5. Amend House Bill 2299, AS AMENDED, in the second to last sentence of paragraph (1) of subsection (a) of Sec. 29D-65 of Section 15, by replacing "the court shall order the property frozen" with "the court shall order such property frozen"; and by inserting after the last sentence of paragraph (1) of subsection (a) of Sec. 29D-65 of Section 15 the following: "Upon the request of the defendant, the court may release frozen or seized assets sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Section.". AMENDMENT NO. 6. Amend House Bill 2299, AS AMENDED, by replacing the first paragraph of subsection (g-5) of Sec. 14-3 of Section 15 with the following: "(g-5) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of any offense defined in Article 29D of this Code. In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use. In the absence of such an order, or upon its denial, any continuing use shall immediately terminate. The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2, 3, 5 and 6 to HOUSE BILL 2299 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3017 A bill for AN ACT concerning tourism. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3017. Passed the Senate, as amended, November 28, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3017 by replacing everything after the enacting clause with the following: "Section 5. The Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois is amended by changing Section 605-705 as follows: (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) Sec. 605-705. Grants to local tourism and convention bureaus. (a) To establish a grant program for local tourism and convention bureaus. The Department will develop and implement a program for the use of funds, as authorized under this Act, by local tourism and
67 [November 28, 2001] convention bureaus. For the purposes of this Act, bureaus eligible to receive funds are those local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations; (ii) in legal existence for a minimum of 2 years before July 1, 2001; (iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area; and (iv) affiliated with one or more municipalities or counties that support the bureau with local hotel-motel taxes. After July 1, 2001, bureaus requesting certification in order to receive funds for the first time must be local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations; (ii) in legal existence for a minimum of 2 years before the request for certification; (iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area; and (iv) affiliated with multiple municipalities or counties that support the bureau with local hotel-motel taxes. Each bureau receiving funds under this Act will be certified by the Department as the designated recipient to serve an area of the State. Notwithstanding the criteria set forth in this subsection (a), or any rule adopted under this subsection (a), the Director of the Department may provide for the award of grant funds to one or more entities if in the Department's judgment that action is necessary in order to prevent a loss of funding critical to promoting tourism in a designated geographic area of the State. (b) To distribute grants to local tourism and convention bureaus from appropriations made from the Local Tourism Fund for that purpose. Of the amounts appropriated annually to the Department for expenditure under this Section, one-third of those monies shall be used for grants to convention and tourism bureaus in cities with a population greater than 500,000. The remaining two-thirds of the annual appropriation shall be used for grants to convention and tourism bureaus in the remainder of the State, in accordance with a formula based upon the population served. The Department may reserve up to 10% of the total appropriated to conduct audits of grants, to provide incentive funds to those bureaus that will conduct promotional activities designed to further the Department's statewide advertising campaign, to fund special statewide promotional activities, and to fund promotional activities that support an increased use of the State's parks or historic sites. (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-38, eff. 6-28-01.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3017 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3098 A bill for AN ACT concerning meetings of public bodies. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3098.
[November 28, 2001] 68 Passed the Senate, as amended, November 28, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3098 by replacing everything after the enacting clause with the following: "Section 5. The Open Meetings Act is amended by changing Section 2a as follows: (5 ILCS 120/2a) (from Ch. 102, par. 42a) Sec. 2a. A public body may hold a meeting closed to the public, or close a portion of a meeting to the public, upon a majority vote of a quorum present, taken at a meeting open to the public for which notice has been given as required by this Act. A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, provided each meeting in such series involves the same particular matters and is scheduled to be held within no more than 3 months of the vote. The vote of each member on the question of holding a meeting closed to the public and a citation to the specific exception contained in Section 2 of this Act which authorizes the closing of the meeting to the public shall be publicly disclosed at the time of the vote and shall be recorded and entered into the minutes of the meeting. Nothing in this Section or this Act shall be construed to require that any meeting be closed to the public. At any open meeting of a public body for which proper notice under this Act has been given, the body may, without additional notice under Section 2.02, hold a closed meeting in accordance with this Act. Only topics specified in the vote to close under this Section may be considered during the closed meeting. After the conclusion of a closed meeting or closed portion of a meeting, the officer who presided over the closed meeting or closed portion of the meeting shall certify in writing that, to the best of his or her knowledge and belief, no topic was discussed during the closed meeting or closed portion of the meeting in violation of this Act. Within 7 working days after the closed meeting or closed portion of the meeting, the officer's certification shall be made available for public inspection and copying in the following form: Illinois Open Meetings Act Closed Meeting Certification (5 ILCS 120/2a) 1. Name of Unit of Government: ................................................................... 2. Date and time of closed meeting or closed portion of a meeting: ................................................................... 3. Names of all members of the public body present during the closed meeting or closed portion of the meeting: ................................................................... ................................................................... 4. Each specific exception cited for closing the meeting (5 ILCS 120/2c): A. .......................................................... B. .......................................................... C. .......................................................... D. .......................................................... 5. For each of the exceptions cited, provide a general description of the subject matter discussed during the closed meeting or portion of a closed meeting: A. .......................................................... B. .......................................................... C. .......................................................... D. .......................................................... CERTIFICATION: I CERTIFY THAT I UNDERSTAND SECTION 2 OF THE ILLINOIS OPEN MEETINGS ACT AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF NO OTHER TOPIC WAS DISCUSSED DURING THE CLOSED MEETING, OR CLOSED PORTION OF THE
69 [November 28, 2001] MEETING, IN VIOLATION OF THE ILLINOIS OPEN MEETINGS ACT. .......................................................... Signature of Presiding Officer (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.) Section 99. Effective date. This Act takes effect July 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3098 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 42 WHEREAS, The State Board of Education has filed its Report on Waiver of School Code Mandates, dated September 28, 2001, with the Senate, the House of Representatives, and the Secretary of State of Illinois as required by Section 2-3.25g of the School Code; and WHEREAS, We are disapproving school district requests for waivers relating to substitute certificates because Public Act 92-184 just became law on July 27, 2001, allowing certain substitute teachers to teach for more than 90 days, and this change in current law is for only 3 years while the waiver request is for 5 years; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that each of the school district waiver requests identified below by school district name and by the identifying number and subject area of the waiver request as summarized in the report filed by the State Board of Education is disapproved: (1) Mount Prospect SD 57 - Cook, WM 100-2072, statement of affairs; (2) Lake Bluff ESD 65 - Lake, WM 100-1885-3, substitute certificates; (3) Ridgewood CHSD 234 - Cook, WM 100-1890, substitute certificates; (4) Savanna CUD 300 - Carroll, WM 100-1891, substitute certificates; (5) Norridge SD 80 - Cook, WM100-1914-3, substitute certificates; and (6) East Prairie SD 73 - Cook, WM 100-1986, substitute certificates. Adopted by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 42 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 113 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 6-106.1.
[November 28, 2001] 70 House Amendment No. 1 to SENATE BILL NO. 113. House Amendment No. 5 to SENATE BILL NO. 113. Action taken by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 61 A bill for AN ACT concerning Pet Friendly license plates. HOUSE BILL NO. 2535 A bill for AN ACT to amend the Illinois Dental Practice Act. Passed by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 3162 A bill for AN ACT in relation to alcoholic liquor. Passed by the Senate, November 28, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate REPORTS FROM STANDING COMMITTEES Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to HOUSE BILL 3247. The committee roll call vote on First Conference Committee Report to HOUSE BILL 3247 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli A Acevedo Y Hassert Y Beaubien Y Jones, Lou (Jones, Shirley) Y Biggins (Schimtz) Y McKeon Y Bradley Y Pankau (Johnson) Y Bugielski, V-Chair Y Poe, Spkpn A Rutherford Representative Murphy, Chairperson, from the Committee on Personnel & Pensions to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted":
71 [November 28, 2001] Amendment No. 2 to SENATE BILL 1174. The committee roll call vote on Amendment No. 2 to SENATE BILL 1174 is as follows: 10, Yeas; 1, Nays; 0, Answering Present. Y Murphy, Chair N Hoeft, Spkpn Y Beaubien (Bost) Y Poe (Tenhouse) Y Davis, Steve (Brunsvold) Y Reitz Y Durkin Y Smith, Michael Y Granberg (Dart) Y Zickus Y Hannig Representative Joseph Lyons, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 10 to SENATE BILL 22. The committee roll call vote on Amendment No. 10 to SENATE BILL 22 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair (O'Brien) Y Beaubien (Cowlishaw) Y Lyons, Eileen Y Biggins Y McGuire Y Currie Y Moore, Spkpn (Osmond) Y Granberg Y Pankau Y Turner, Art Representative Holbrook, Chairperson, from the Committee on Tourism to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3017. The committee roll call vote on Senate Amendment No. 1 to HOUSE BILL 3017 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Holbrook, Chair Y Lawfer Y Bassi A Mautino A Erwin, V-Chair Y May Y Jones, John, Spkpn A McGuire A Moffitt Representative Giles submitted the following Second Conference Committee Report on HOUSE BILL 1840 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY SECOND CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1840 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1840, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 1840 be amended by replacing everything after the enacting clause with the following:
[November 28, 2001] 72 "Section 5. The School Code is amended by adding Section 7-31 and changing Sections 5-1, 10-21.9, and 34-18.5 as follows: (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) Sec. 5-1. County school units. (a) The territory in each county, exclusive of any school district governed by any special act which requires the district to appoint its own school treasurer, shall constitute a county school unit. County school units of less than 2,000,000 inhabitants shall be known as Class I county school units and the office of township trustees, where existing on July 1, 1962, in such units shall be abolished on that date and all books and records of such former township trustees shall be forthwith thereafter transferred to the county board of school trustees. County school units of 2,000,000 or more inhabitants shall be known as Class II county school units and shall retain the office of township trustees unless otherwise provided in subsection (b) or (c). (b) Notwithstanding subsections (a) and (c), the school board of any elementary school district having a fall, 1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of a high school district, and the school board of any high school district having a fall, 1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of an elementary school district, may, whenever the territory of such school district forms a part of a Class II county school unit, by proper resolution withdraw such school district from the jurisdiction and authority of the trustees of schools of the township in which such school district is located and from the jurisdiction and authority of the township treasurer in such Class II county school unit; provided that the school board of any such school district shall, upon the adoption and passage of such resolution, thereupon elect or appoint its own school treasurer as provided in Section 8-1. Upon the adoption and passage of such resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in such township shall no longer have or exercise any powers and duties with respect to the school district governed by such school board or with respect to the school business, operations or assets of such school district; and (2) all books and records of the township trustees relating to the school business and affairs of such school district shall be transferred and delivered to the school board of such school district. Upon the effective date of this amendatory Act of 1993, the legal title to, and all right, title and interest formerly held by the township trustees in any school buildings and school sites used and occupied by the school board of such school district for school purposes, that legal title, right, title and interest thereafter having been transferred to and vested in the regional board of school trustees under P.A. 87-473 until the abolition of that regional board of school trustees by P.A. 87-969, shall be deemed transferred by operation of law to and shall vest in the school board of that school district. (c) Notwithstanding the provisions of subsection (a), the offices of township treasurer and trustee of schools of any township located in a Class II county school unit shall be abolished as provided in this subsection if all of the following conditions are met: (1) During the same 30 day period, each school board of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished gives written notice by certified mail, return receipt requested to the township treasurer and trustees of schools of that township of the date of a meeting of the school board, to be held not more than 90 nor less than 60 days after the date when the notice is given, at which meeting the school board is to consider and vote upon the question of whether there shall be submitted to the electors of the school district a proposition to abolish the offices of township treasurer and trustee of schools of that
73 [November 28, 2001] township. None of the notices given under this paragraph to the township treasurer and trustees of schools of a township shall be deemed sufficient or in compliance with the requirements of this paragraph unless all of those notices are given within the same 30 day period. (2) Each school board of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished, by the affirmative vote of at least 5 members of the school board at a school board meeting of which notice is given as required by paragraph (1) of this subsection, adopts a resolution requiring the secretary of the school board to certify to the proper election authorities for submission to the electors of the school district at the next
[November 28, 2001] 74 schools of the township in which those offices were sought to be abolished shall not be abolished, unless in each of those elementary and unit school districts remaining subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township proceedings are again initiated to abolish those offices and all of the proceedings and conditions prescribed in paragraphs (1) through (4) of this subsection are repeated and met in each of those elementary and unit school districts. Notwithstanding the foregoing provisions of this Section or any other provision of the School Code, the offices of township treasurer and trustee of schools of a township that has a population of less than 200,000 and that contains a unit school district and is located in a Class II county school unit shall also be abolished as provided in this subsection if all of the conditions set forth in paragraphs (1), (2), and (3) of this subsection are met and if the following additional condition is met: The electors in all of the school districts subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished shall vote at the
75 [November 28, 2001] calendar year for all annuities or other benefits then or thereafter to become payable from that Fund with respect to all periods of service performed prior to that date as a participating employee in that Fund by persons serving during those periods of service as a trustee of schools, township treasurer or regular employee in the office of the township treasurer of that township. That unfunded liability shall be actuarially determined by the board of trustees of the Illinois Municipal Retirement Fund, and the board of trustees shall thereupon notify each school board required to pay a proportionate share of that unfunded liability of the aggregate amount of the unfunded liability so determined. The amount so paid to the Illinois Municipal Retirement Fund by each of those school districts shall be credited to the account of the township in that Fund. For each elementary school, high school and unit school district under the jurisdiction and authority of a township treasurer and trustees of schools of a township in which those offices are abolished as provided in this subsection, each such district's proportionate share of the aggregate compensation payable to the former township treasurer as provided in this paragraph and each such district's proportionate share of the aggregate amount of the unfunded liability payable to the Illinois Municipal Retirement Fund as provided in this paragraph shall be computed in accordance with the ratio that the number of pupils in average daily attendance in each such district as reported in schedules prepared under Section 24-19 for the school year last ending prior to the date on which the offices of township treasurer and trustee of schools of that township are abolished bears to the aggregate number of pupils in average daily attendance in all of those districts as so reported for that school year. Upon abolition of the offices of township treasurer and trustee of schools of a township as provided in this subsection: (i) the regional board of school trustees, in its corporate capacity, shall be deemed the successor in interest to the former trustees of schools of that township with respect to the common school lands and township loanable funds of the township; (ii) all right, title and interest existing or vested in the former trustees of schools of that township in the common school lands and township loanable funds of the township, and all records, moneys, securities and other assets, rights of property and causes of action pertaining to or constituting a part of those common school lands or township loanable funds, shall be transferred to and deemed vested by operation of law in the regional board of school trustees, which shall hold legal title to, manage and operate all common school lands and township loanable funds of the township, receive the rents, issues and profits therefrom, and have and exercise with respect thereto the same powers and duties as are provided by this Code to be exercised by regional boards of school trustees when acting as township land commissioners in counties having at least 220,000 but fewer than 2,000,000 inhabitants; (iii) the regional board of school trustees shall select to serve as its treasurer with respect to the common school lands and township loanable funds of the township a person from time to time also serving as the appointed school treasurer of any school district that was subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township at the time those offices were abolished, and the person selected to also serve as treasurer of the regional board of school trustees shall have his compensation for services in that capacity fixed by the regional board of school trustees, to be paid from the township loanable funds, and shall make to the regional board of school trustees the reports required to be made by treasurers of township land commissioners, give bond as required by treasurers of township land commissioners, and perform the duties and exercise the powers of treasurers of township land commissioners; (iv) the regional board of school trustees shall designate in the manner provided by Section 8-7, insofar as applicable, a depositary for its treasurer, and the proceeds of all rents, issues and profits from the common school lands and township loanable funds of that township shall be deposited and held in the account maintained for those purposes with that depositary and
[November 28, 2001] 76 shall be expended and distributed therefrom as provided in Section 15-24 and other applicable provisions of this Code; and (v) whenever there is vested in the trustees of schools of a township at the time that office is abolished under this subsection the legal title to any school buildings or school sites used or occupied for school purposes by any elementary school, high school or unit school district subject to the jurisdiction and authority of those trustees of school at the time that office is abolished, the legal title to those school buildings and school sites shall be deemed transferred by operation of law to and invested in the school board of that school district, in its corporate capacity Section 7-28, the same to be held, sold, exchanged leased or otherwise transferred in accordance with applicable provisions of this Code. Notwithstanding Section 2-3.25g of this Code, a waiver of a mandate established under this Section may not be requested. (Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01.) (105 ILCS 5/7-31 new) Sec. 7-31. Annexation of contiguous portion of elementary or high school district. (a) In this Section: "Contiguous" means having a common border of not less than 100 linear feet. "Specially qualified professional land surveyor" means a professional land surveyor whose credentials include serving or having served as a paid advisor or consultant to at least 2 of the following: any department, board, commission, authority, or other agency of the State of Illinois. (b) Notwithstanding any other provision of this Code, any contiguous portion of an elementary school district must be detached from that district and annexed to an adjoining elementary school district to which the portion is also contiguous and any contiguous portion of a high school district must be detached from that district and annexed to an adjoining school district to which the portion is also contiguous (herein referred to as "the Territory") upon a petition or petitions filed under this Section if all of the following conditions are met with respect to each petition: (1) The Territory is to be detached from a school district that is located predominantly (meaning more than 50% of the district's area) in a county of not less than 2,000,000 and is to be annexed into a school district located overwhelmingly (meaning more than 75% of its area) in a county of not less than 750,000 and not more than 1,500,000, and, on the effective date of this amendatory Act of the 92nd General Assembly, the Territory consists of not more than 500 acres of which not more than 300 acres is vacant land and of which not more than 200 acres is either platted for or improved with residences and is located predominately (meaning more than 50% of its area) within a municipality that is (i) located predominantly (meaning more than 50% of the area of the municipality) outside the elementary or high school district from which the Territory is to be detached and (ii) located partly or wholly within the territorial boundaries of the adjoining elementary or high school district to which the Territory is to be annexed. Conclusive proof of the boundaries of each school district and the municipality is a document or documents setting forth the boundaries and certified by the county clerk of each county or by the clerk of the municipality as being a correct copy of records on file with the county clerk or the clerk of the municipality as of a date not more than 60 days before the filing of a petition under this Section. If the records of the respective clerks show boundaries as of different dates, those records are deemed contemporaneous for purposes of this Section. (2) The equalized assessed valuation of the taxable property of the Territory constitutes less than 5% of the equalized assessed valuation of the taxable property of the school district
77 [November 28, 2001] from which it is to be detached. Conclusive proof of the equalized assessed valuation of each district is a document or documents stating the equalized assessed valuation and certified, by the county clerk of a county of not less than 2,000,000 and by the county assessor or township assessor in a county of not less than 750,000 and not more than 1,500,000, as correct by the certifying office as of a date not more than 60 days before the filing of a petition under this Section. If the records from the 2 counties show equalized assessed valuation as of different dates, those records are deemed contemporaneous for purposes of this Section. (3) The Territory is predominately (meaning more than 50% of its area) within a municipality that is predominantly (meaning more than 50% of the area of the municipality) within a county of not less than 750,000 and not more than 1,500,000. Conclusive proof of boundaries of the municipality is a document or documents setting forth the boundaries and certified by the county clerk of the county in which the municipality is located or by the clerk of the municipality as correct as of a date not more than 60 days before the filing of a petition under this Section. (4) The Territory, as of a date not more than 60 days before the filing of a petition, has not been developed with structures for commercial, office, or industrial uses, except for temporary buildings or structures constructed pursuant to a permit or permits by the applicable permitting authority for an initial term of not more than 15 years. Conclusive proof of the development of the land is a notarized statement, as of a date not more than 60 days before the filing of a petition under this Section, by a specially qualified professional land surveyor licensed by the State of Illinois. (5) The area of the Territory is 5% or less of the area of the school district from which it is to be detached. Conclusive proof of the areas is a notarized written statement by a specially qualified professional land surveyor licensed by the State of Illinois. (6) Travel on public roads within 5 miles from the Territory to schools in the school district from which the Territory is to be detached requires crossing an interstate highway. Travel on public roads within 5 miles from the Territory to schools in the school district to which the Territory is to be annexed does not require crossing an interstate highway. Conclusive proof of the facts in this paragraph (6) is a notarized written statement by a specially qualified professional land surveyor licensed by the State of Illinois. (c) No school district may lose more than 5% of its equalized assessed valuation nor more than 5% of its territory through petitions filed under this Section. If a petition seeks to detach territory that would result in a cumulative total of more than 5% of the district's equalized assessed valuation or more than 5% of the district's territory being detached under this Section, the petition shall be denied without prejudice to its being filed pursuant to Section 7-6 of this Code. (d) Conclusive proof of the population of a county is the most recent federal decennial census. (e) A petition filed under this Section with respect to the Territory must be filed with the regional board of school trustees of the county where the Territory is located (herein referred to as the Regional Board) at its regular offices not later than the 24 months after the effective date of this amendatory Act of the 92nd General Assembly and (i) in the case of any portion of the Territory not developed with residences, signed by or on behalf of the taxpayers of record of properties constituting 60% or more of the land not so developed and (ii) in the case of any portion of the Territory developed by residences, signed by 60% or more of registered voters residing in the residences. Conclusive proof of who are the taxpayers of record is a document certified by the assessor of the county or township in which the property is located as of a date not more than 60
[November 28, 2001] 78 days before the filing of a petition under this Section. Conclusive proof of who are registered voters is a document certified by the board of election commissioners for the county in which the registered voters reside as of a date not earlier than 60 days before the filing of the petition. Conclusive proof of the area of the Territory and the area of properties within the Territory is a survey or notarized statement, as of a date not more than 60 days before the filing of the petition, by a specially qualified professional land surveyor licensed by the State of Illinois. (f) The Regional Board must (1) hold a hearing on each petition at its regular offices within 90 days after the date of filing; (2) render a decision granting or denying the petition within 30 days after the hearing; and (3) within 14 days after the decision, serve a copy of the decision by certified mail, return receipt requested, upon the petitioners and upon the school boards of the school districts from which the territory described in the petition is sought to be detached and to which the territory is sought to be annexed. If petitions are filed pertaining to an elementary school district and a high school district described in this Section, if the petitions pertain to land not developed with residences, and if the 2 petitions are filed within 28 days of each other, the petitions must be consolidated for hearing and heard at the same hearing. If petitions are filed pertaining to an elementary school district and a high school district described in this Section, if the petitions pertain to land developed with residences, and if the petitions are filed within 28 days of each other, the 2 petitions must be consolidated for hearing and heard at the same hearing. If the Regional Board does not serve a copy of the decision within the time and in the manner required, any petitioner has the right to obtain, in the circuit court of the county in which the petition was filed, a mandamus requiring the Regional Board to serve the decision immediately to the parties in the manner required. Upon proof that the Regional Board has not served the decision to the parties or in the manner required, the circuit court must immediately issue the order. The Regional Board has no authority or discretion to hear any evidence or consider any issues at the hearing except those that may be necessary to determine whether the conditions and limitations of this Section have been met. If the Regional Board finds that such conditions and limitations have been met, the Regional Board must grant the petition. The Regional Board must (i) give written notice of the time and place of the hearing not less than 30 days prior to the date of the hearing to the school board of the school district from which the territory described in the petition is to be detached and to the school board of the school district to which the territory is to be annexed and (ii) publish notice of the hearing in a newspaper that is circulated within the county in which the territory described in the petition is located and is circulated within the school districts whose school boards are entitled to notice. (g) If the granting of a petition filed under this Section has become final either through failure to seek administrative review or by the final decision of a court on review, the change in boundaries becomes effective forthwith and for all purposes, except that if granting of the petition becomes final between September 1 of any year and June 30 of the following year, the administration of and attendance at the schools are not affected until July 1 of the following year, at which time the change becomes effective for all purposes. After the granting of the petition becomes final, the date when the change becomes effective for purposes of administration and attendance may, in the case of land improved with residences, be accelerated or postponed either (i) by stipulation of the school boards of the school districts from which the territory described in the petition is detached and to which the territory is annexed or (ii) by stipulation of the registered voters who signed the petition. Their stipulation may be contained in the petition or a separate document signed by them. Their stipulation must be filed with the Regional Board not later than
79 [November 28, 2001] 120 days after approval of their petition. (h) The decision of the Regional Board is a final "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure, and any petitioner or the school board of the school district from which the land is to be detached or of the school district to which the land is to be annexed may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail upon the affected party thereby or upon an attorney of record for such party, apply for a review of the decision in accordance with the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law. Standing to apply for or in any manner seek review of the decision is limited exclusively to a petitioner or school district described in this Section. The commencement of any action for review operates as a supersedeas, and no further proceedings are allowed until final disposition of the review. The circuit court of the county in which the petition is filed with the Regional Board has sole jurisdiction to entertain a complaint for review. (i) This Section (i) is not limited by and operates independently of all other provisions of this Article and (ii) constitutes complete authority for the granting or denial by the Regional Board of a petition filed under this Section when the conditions prescribed by this Section for the filing of that petition are met or not met as the case may be. (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) Sec. 10-21.9. Criminal background investigations. (a) Except as otherwise provided in subsection (a-5) of this Section
[November 28, 2001] 80 convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district or of being assigned as a student teacher to that district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant or student teacher shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (a-5) If a student teacher has undergone a criminal background investigation under this Section and, within 18 months after the investigation is conducted, that former student teacher is hired as a full-time employee with the school district, then the former student teacher shall not be required to undergo another criminal background investigation under this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the school board for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the school board or the regional superintendent shall be confidential and may only be transmitted to the superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the school district, the presidents of the appropriate school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment or assigning the student teacher to a school district. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment or student teacher. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute teacher in more than one such district may rely on the
81 [November 28, 2001] certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment or student teacher shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) No school board shall knowingly employ a person or knowingly allow a person to student teach who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the "Criminal Code of 1961"; (ii) those defined in the "Cannabis Control Act" except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the "Illinois Controlled Substances Act"; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, no school board shall knowingly employ a person or knowingly allow a person to student teach who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) No school board shall knowingly employ a person or knowingly allow a person to student teach for whom a criminal background investigation has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the appropriate regional superintendent of schools or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) Sec. 34-18.5. Criminal background investigations. (a) Except as otherwise provided in subsection (a-5) of this Section
[November 28, 2001] 82 against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the investigation shall be furnished by the applicant or student teacher to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, or a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the investigation to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's or student teacher's name, sex, race, date of birth and social security number to the Department of State Police on forms prescribed by the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the investigation of the applicant has been requested. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment or student teacher has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district or of being assigned as a student teacher to that district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant or student teacher shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (a-5) If a student teacher has undergone a criminal background investigation under this Section and, within 18 months after the investigation is conducted, that former student teacher is hired as a full-time employee with the school district, then the former student teacher shall not be required to undergo another criminal background investigation under this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the board of education for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the board of education or the regional superintendent shall be confidential and may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the board of education for the school district, the presidents of the appropriate board of education or school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment or assigning the student teacher to a school district. A copy of the record of
83 [November 28, 2001] convictions obtained from the Department of State Police shall be provided to the applicant for employment or student teacher. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment or student teacher shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) The board of education shall not knowingly employ a person or knowingly allow a person to student teach who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, the board of education shall not knowingly employ a person or knowingly allow a person to student teach who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) The board of education shall not knowingly employ a person or knowingly allow a person to student teach for whom a criminal background investigation has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the board of education or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After March 19, 1990, the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For
[November 28, 2001] 84 purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) Section 99. Effective date. This Act takes effect upon becoming law, except that the changes to Sections 10-21.9 and 34-18.5 of the School Code take effect on July 1, 2002.". Submitted on November 28, 2001. s/Sen. Ed Petka s/Rep. Calvin L. Giles Sen. Daniel Cronin s/Rep. Barbara Flynn Currie s/Sen. Peter Roskam s/Rep. Gary Hannig Sen. Lisa Madian s/Rep. Art Tenhouse Sen. Vince Demuzio s/Rep. Dan Rutherford Committee for the Senate Committee for the House Representative Hassert submitted the following First Conference Committee Report on HOUSE BILL 3247 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 3247 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments Nos. 1 and 2 to House Bill 3247, recommend the following: (1) that the House concur in Senate Amendments Nos. 1 and 2; and (2) that House Bill 3247, AS AMENDED, be further amended by inserting the following after the end of Section 85: "Section 87. The Metropolitan Water Reclamation District Act is amended by adding Section 288 as follows: (70 ILCS 2605/288 new) Sec. 288. District enlarged. Upon the effective date of this amendatory Act of the 92nd General Assembly, the corporate limits of the Metropolitan Water Reclamation District Act are extended to include within those limits the following described tracts of land, and those tracts are annexed to the District. (1) Parcel 1 (Canter Parcel) THAT PART OF SECTION 21 TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 12 MINUTES 00 SECONDS WEST (DEED BEING SOUTH), ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 574.20 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES 00 SECONDS EAST, A DISTANCE OF 181.20 FEET;
85 [November 28, 2001] THENCE SOUTH 28 DEGREES 49 MINUTES 00 SECONDS EAST, A DISTANCE OF 720.45 FEET; THENCE SOUTH 38 DEGREES 25 MINUTES 33 SECONDS WEST, A DISTANCE OF 222.79 FEET (DEED BEING SOUTH 33 DEGREES 37 MINUTES 00 SECONDS WEST, 238.50 FEET) TO AN IRON STAKE; THENCE SOUTH 60 DEGREES 26 MINUTES 25 SECONDS EAST (DEED BEING SOUTH 59 DEGREES 41 MINUTES 00 SECONDS EAST), ALONG A LINE THAT WOULD INTERSECT THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 21 AT A POINT THAT IS 669.25 FEET NORTHERLY OF (AS MEASURED ALONG SAID EAST LINE) THE CENTER OF SAID SECTION 21, A DISTANCE OF 24.03 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 60 DEGREES 26 MINUTES 25 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 629.56 FEET TO THE INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF A LINE PREVIOUSLY SURVEYED AND MONUMENTED; THENCE SOUTH 38 DEGREES 40 MINUTES 02 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 1100.29 FEET (DEED BEING SOUTH 39 DEGREES 55 MINUTES 00 SECONDS WEST, 1098.70 FEET) TO THE CENTER LINE OF THE CHICAGO-ELGIN ROAD, (NOW KNOWN AS IRVING PARK BOULEVARD AND STATE ROUTE NO. 19) AS SHOWN ON THE PLAT OF DEDICATION RECORDED JUNE 9, 1933 AS DOCUMENT NO. 11245764 AND AS SHOWN ON A PLAT OF SURVEY DATED SEPTEMBER 22, 1932 APPROVED BY THE SUPERINTENDENT OF HIGHWAYS OF COOK COUNTY, ILLINOIS ON DECEMBER 17, 1933; THENCE SOUTH 51 DEGREES 24 MINUTES 19 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 597.60 FEET (DEED BEING SOUTHEASTERLY ALONG CENTER LINE, 620.50 FEET) TO A POINT OF CURVE IN SAID CENTER LINE, ACCORDING TO THE PLAT OF DEDICATION RECORDED FEBRUARY 16, 1933 AS DOCUMENT NO. 11200330 AND AFORESAID PLAT OF SURVEY; THENCE SOUTHEASTERLY, ALONG THE SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4645.69 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT, A DISTANCE OF 341.66 FEET (DEED BEING ALONG SAID CURVE, 338.30 FEET) TO THE INTERSECTION WITH A PREVIOUSLY SURVEYED AND MONUMENTED LINE; THENCE SOUTH 42 DEGREES 46 MINUTES 09 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 65.95 FEET (DEED BEING SOUTH 44 DEGREES 41 MINUTES 00 SECONDS WEST, 65 FEET) TO THE CENTER LINE OF THE OLD CHICAGO-ELGIN ROAD, ACCORDING TO THE AFORESAID PLAT OF SURVEY; THENCE NORTH 56 DEGREES 45 MINUTES 03 SECONDS WEST, ALONG THE CENTER LINE OF THE SAID OLD CHICAGO-ELGIN ROAD, A DISTANCE OF 685.80 FEET (DEED BEING NORTH 54 DEGREES 52 MINUTES 00 SECONDS WEST, 635.0 FEET) TO AN ANGLE IN SAID CENTER LINE; THENCE NORTH 44 DEGREES 23 MINUTES 58 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE OF 878.23 FEET (DEED BEING NORTH 44 DEGREES 23 MINUTES 00 SECONDS WEST) TO A LINE THAT IS DRAWN SOUTH 38 DEGREES 35 MINUTES 41 SECONDS WEST FROM THE POINT OF BEGINNING AND BEING PERPENDICULAR TO THE NORTHERLY RIGHT OF WAY LINE OF THE CHICAGO-ELGIN ROAD, AS DESCRIBED ON THE AFORESAID PLAT OF DEDICATION PER DOCUMENT NO. 11245764 AND SHOWN ON THE AFORESAID PLAT OF SURVEY; THENCE NORTH 38 DEGREES 35 MINUTES 41 SECONDS EAST, ALONG SAID PERPENDICULAR LINE, A DISTANCE OF 1011.41 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM SUCH PORTIONS THEREOF AS MAY HAVE BEEN HERETOFORE CONVEYED OR DEDICATED FOR HIGHWAY PURPOSES) IN COOK COUNTY, ILLINOIS. P.I.N.: 06-21-101-024-0000 (2) Parcel 2 (T Bar J Ranch Parcel) PARCEL 1: THAT PART OF SECTION 21, TOWNSHIP 41 NORTH; RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, 574.20 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES EAST, 181.20 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES WEST, 238.50 FEET; THENCE SOUTH 75 DEGREES 29 MINUTES WEST, ALONG A FENCE LINE 510.8 FEET; THENCE SOUTH 29 DEGREES 48 MINUTES WEST, ALONG A FENCE LINE, 275.05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 67 DEGREES 40 MINUTES WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES 47 MINUTES WEST, ALONG A FENCE LINE,
[November 28, 2001] 86 175.5 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF A PUBLIC HIGHWAY KNOWN AS IRVING PARK BOULEVARD; THENCE SOUTH 50 DEGREES 21 MINUTES EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF PUBLIC HIGHWAY, A DISTANCE OF 248.3 FEET TO A POINT THAT IS SOUTH 29 DEGREES 48 MINUTES WEST, 251.15 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 29 DEGREES 48 MINUTES, EAST ALONG A FENCE LINE 251.15 FEET TO A POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. P.I.N.: 06-21-101-018-0000 PARCEL 2: THAT PART OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 21 AFORESAID; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, 574.2 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES EAST, 181.2 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75 DEGREES 29 MINUTES WEST, 203.4 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 75 DEGREES 29 MINUTES WEST, 307.4 FEET; THENCE SOUTH 29 DEGREES 48 MINUTES WEST, 275.05 FEET; THENCE NORTH 67 DEGREES 40 MINUTES WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES 47 MINUTES WEST ALONG A FENCE LINE, 175.5 FEET TO NORTHERLY RIGHT OF WAY LINE OF PUBLIC HIGHWAY KNOWN AS IRVING PARK BOULEVARD; THENCE NORTH 50 DEGREES 21 MINUTES WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF HIGHWAY 566.2 FEET; THENCE NORTH 17 DEGREES 17 MINUTES EAST ALONG A FENCE LINE 193.07 FEET; THENCE NORTH 84 DEGREES 47 MINUTES EAST 988.44 FEET TO A FENCE LINE; THENCE SOUTH 31 DEGREES 51 MINUTES EAST ALONG SAID FENCE LINE, A DISTANCE OF 282.19 FEET TO THE POINT OF BEGINNING IN HANOVER TOWNSHIP IN COOK COUNTY, ILLINOIS. P.I.N.: 06-21-101-022-0000 (3) Parcel 3 (Gibas parcel) A PARCEL OF LAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21, THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, 574.20 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES EAST, 181.20 FEET FOR A POINT OF BEGINNING, THENCE SOUTH 28 DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75 DEGREES 29 MINUTES WEST, 203.4 FEET TO A FENCE CORNER; THENCE NORTH 31 DEGREES 51 MINUTES WEST ALONG A FENCE LINE, 512.8 FEET; THENCE NORTH 3 DEGREES 29 MINUTES WEST ALONG SAID FENCE LINE 263.6 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF NEW SCHAUMBURG ROAD THAT IS 311.0 FEET MORE OR LESS SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF ROAD 311.0 FEET MORE OR LESS TO THE POINT OF BEGINNING, (EXCEPTING SUCH PORTIONS THEREOF AS MAY FALL WITHIN LOTS 10 OR 26 OF COUNTY CLERK'S DIVISION OF SECTION 21 ACCORDING TO THE PLAT THEREOF RECORDED, MAY 31, 1895 IN BOOK 65 OF PLATS PAGE 35) IN COOK COUNTY, ILLINOIS. P.I.N.: 06-21-101-015-0000 (4) Parcel 4 (Blake parcel) THAT PART OF SECTIONS 20 AND 21 IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21 AFORESAID; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 574.2 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES EAST, 181.2 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75 DEGREES 29 MINUTES WEST, 203.4 FEET; THENCE NORTH 31 DEGREES 51 MINUTES WEST ALONG A FENCE LINE, 282.19 FEET TO A POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 47 MINUTES WEST, 988.44 FEET TO
87 [November 28, 2001] A POINT ON A FENCE LINE THAT LIES NORTH 17 DEGREES 17 MINUTES EAST, 193.07 FEET FROM A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF IRVING PARK BOULEVARD; THENCE NORTH 17 DEGREES 17 MINUTES EAST ALONG SAID FENCE LINE, 276.03 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SCHAUMBURG ROAD (AS NOW DEDICATED); THENCE EASTERLY AND NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE ON A CURVE TO LEFT HAVING A RADIUS OF 1425.4 FEET A DISTANCE OF 829.0 FEET; THENCE SOUTH 3 DEGREES 29 MINUTES EAST ALONG A FENCE LINE 263.6 FEET; THENCE SOUTH 31 DEGREES 51 MINUTES EAST ALONG A FENCE LINE A DISTANCE OF 230.61 FEET TO THE POINT OF BEGINNING, IN HANOVER TOWNSHIP, COOK COUNTY, ILLINOIS. P.I.N.: 06-21-101-021-0000. Section 90. Upon the payment of the sum of $78,400.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Cook County, Illinois, to Bucktown Properties, Inc.: Parcel No. 0ZZ0828A A part of Lot 2 in Block 2 in Quentins Subdivision of Block 22 and Lots 1, 2, in Block 16 in Sheffield's Addition to Chicago, that part of Lots 3 and 4 in Block 2 in Quentins Subdivision of Block 22 and also that part of Lots 1 and 2 in Lawrence Subdivision of One Square Acre in the southwest corner of Block 22 in Sheffield's Addition to Chicago, recorded as Document Number 53059, all lying northeast of a line which intersects the north line of Lot 3 aforesaid 55 feet west of its northeast corner, and intersects the east line of Lot 2 in Lawrence Subdivision aforesaid 8 feet north of its south east corner; and Lots 3 and 4 in Owner's Resubdivision of Lots 5, 6 and 7 in Block 2 in Quentin's Subdivision of Block 22 in Sheffield's Addition to Chicago with vacated alley south of and adjoining said Lots: all being situated in the East Half of the Southeast Quarter of Section 31, Township 40 North, Range 14 East of the Third Principal Meridian, described as follows: Beginning at the northwest corner of said Lot 3 in Block 2 of Quentin's Subdivision; thence along an assumed bearing of North 00 degrees 00 minutes 00 seconds East along the east line of Paulina Street, 17.61 feet; thence North 89 degrees 33 minutes 29 seconds East, 53.29 feet; thence South 38 degrees 38 minutes 08 seconds East, 159.01 feet to a point at the intersection of the extension of the north line of the public alley; thence North 89 degrees 40 minutes 08 seconds West along the north line of the public alley extended, 52.57 feet to the southeast corner of Lot 3 of Lawrence's Subdivision; thence North 00 degrees 00 minutes 00 seconds East, 28.00 feet along the east line of Lots 3 and 2 of Lawrence's Subdivision to a point 8.00 feet north of the southeast corner of said Lot 2; thence North 35 degrees 19 minutes 16 seconds West, 95.14 feet to a point on the north line of said Lot 3 in Block 2, said point being 55.00 feet west of the northeast corner of said Lot 3; thence North 89 degrees 40 minutes 08 seconds West, 45.00 feet along the said north line of Lot 3 to the Point of Beginning, in Cook County, Illinois. Excepting from the above described tract the North-South and East-West 15 feet public alleys previously dedicated and part of the (expressway) right of way. Said parcel containing 0.075 Acres, more or less. Reserved in the above described parcel is a 4.0 foot wide permanent easement for access control fence maintenance described as follows: Commencing at the northwest corner of said Lot 3 in Block 2 of
[November 28, 2001] 88 Quentin's Subdivision; thence along an assumed bearing of North 00 degrees 00 minutes 00 seconds East along the east line of Paulina Street, 13.61 feet to the Point of Beginning; thence continuing North 00 degrees 00 minutes 00 seconds East along the east line of Paulina Street, 4.00 feet; thence North 89 degrees 33 minutes 29 seconds East, 53.29 feet; thence South 38 degrees 38 minutes 08 seconds East, 159.01 feet to a point at the intersection of the extension of the north line of the public alley; thence North 89 degrees 40 minutes 08 seconds West along the north line of the public alley extended, 5.14 feet; thence North 38 degrees 38 minutes 08 seconds West, 153.83 feet; thence South 89 degrees 33 minutes 29 seconds West, 51.38 feet to the Point of Beginning. Said easement containing 0.019 Acre, more or less. Section 92. Upon the payment of the sum of $500.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Carroll County, Illinois: Parcel No. 2DCA013 A parcel of land in the Northeast Quarter and in the Southeast Quarter of Section 12, Township 25 North, Range 4 East of the Fourth Principal Meridian, County of Carroll, State of Illinois, described as follows: Commencing at the Center of said Section 12; thence North 82 degrees 19 minutes 02 seconds East on the North Line of said Southeast Quarter of Section 12, a distance of 374.54 feet to a point in the Westerly Right-of-Way Line of a public road designated S.B.I. Route 40 (Illinois Route 78), said point also being the Point of Beginning of the hereinafter described parcel of land; thence Northwesterly on said Westerly Right-of-Way Line, said line having a bearing of North 20 degrees 47 minutes 19 seconds West, a distance of 123.03 feet to a point; thence Northerly on said Westerly Right-of-Way Line, said line having a bearing of North 9 degrees 33 minutes 52 seconds West, a distance of 43.75 feet to a point; thence Southeasterly on a line having a bearing of South 41 degrees 33 minutes 43 seconds East, a distance of 57.90 feet to a point; thence Southerly on a line having a bearing of South 8 degrees 40 minutes 58 seconds East, a distance of 115.50 feet to a point in the North Line of said Southeast Quarter of Section 12; thence Easterly on said North Line, said line having a bearing of North 82 degrees 19 minutes 02 seconds East, a distance of 26.86 feet to a point in the Center Line of said S.B.I. Route 40 (Illinois Route 78); thence Southeasterly on said Center Line, said line having a bearing of South 21 degrees 23 minutes 35 seconds East, a distance of 412.92 feet to a point; thence on the arc of a circle concave to the Southwest, said arc being the Center Line of said S.B.I. Route 40 (Illinois Route 78), an arc distance of 99.66 feet, said arc having a radius of 1,011.10 feet and a chord bearing of South 18 degrees 34 minutes 28 seconds East, a chord distance of 99.62 feet to a point; thence Southerly on a line having a bearing of South 8 degrees 11 minutes 48 seconds West, a distance of 89.82 feet to a point in said Westerly Right-of-Way Line of S.B.I. Route 40 (Illinois Route 78); thence on the arc of a circle concave to the Southwest, said arc being the Westerly Right-of-Way Line, an arc distance of 178.60 feet, said arc having a radius of 978.10 feet and a chord bearing of North 16 degrees 09 minutes 54 seconds West and a chord distance of 178.35 feet to a point; thence Northwesterly on said Westerly Right-of-Way Line, said line having a bearing of North 21 degrees 23 minutes 35 seconds West, a distance of 222.95 feet to a point; thence Northwesterly on said
89 [November 28, 2001] Westerly Right-of-Way Line, said line having a bearing of North 20 degrees 47 minutes 19 seconds West, a distance of 197.52 feet to the Point of Beginning, containing 0.478 acre, more or less. For the purpose of this description, said North Line of the Southeast Quarter of Section 12 has been assigned a bearing of North 82 degrees 19 minutes 02 seconds East. Section 93. Upon the payment of the sum of $41,000.00 to the State of Illinois, and subject to the condition set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Coles County, Illinois, to Worthington Inn: Parcel No. 5X03913 PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION SIXTEEN (16), TOWNSHIP TWELVE (12) NORTH, RANGE NINE (9) EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING MONUMENT MARKING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION SIXTEEN (16), TOWNSHIP TWELVE (12) NORTH, RANGE NINE (9) EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID CORNER BEING 31.13 FEET LEFT OF CENTERLINE STATION 470+80 OF F.A.ROUTE #17 (ILLINOIS ROUTE 16); THENCE S 00 DEGREES 05 MINUTES 21 SECONDS W ALONG THE EAST LINE OF SAID NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) AND THE CENTERLINE OF DOUGLAS DRIVE, 280.72 FEET ACTUAL (S 00 DEGREES 05 MINUTES 21 SECONDS W - 281.00 FEET RECORD); THENCE S 89 DEGREES 21 MINUTES 21 SECONDS W, 20.00 FEET ACTUAL (S 89 DEGREES 21 MINUTES W - 20.00 FEET RECORD), THENCE N 35 DEGREES 04 MINUTES 40 SECONDS W (N 34 DEGREES 59 MINUTES W RECORD), 26.07 FEET TO A POINT ON THE WEST LINE OF DOUGLAS DRIVE, SAID POINT BEING 228.06 FEET RIGHT OF CENTERLINE STATION 470+42.04 OF SAID F.A. ROUTE #17 (ILLINOIS ROUTE 16) AND THE POINT OF BEGINNING; THENCE N 35 DEGREES 04 MINUTES 40 SECONDS W ACTUAL (N 34 DEGREES 59 MINUTES W RECORD, 112.82 FEET TO A POINT 135.00 FEET RIGHT OF STATION 469+78.26 OF SAID CENTERLINE; THENCE S 89 DEGREES 21 MINUTES 00 SECONDS W (ACTUAL AND RECORD), 523.32 FEET TO A POINT 135.0 FEET RIGHT OF STATION 464+54.94 OF SAID CENTERLINE; THENCE N 00 DEGREES 00 MINUTES 55 SECONDS W, 33.00 FEET TO A POINT 102.00 FEET RIGHT OF STATION 464+55.31 OF SAID CENTERLINE; THENCE N 88 DEGREES 08 MINUTES 46 SECONDS E, 523.56 FEET TO A POINT 91.00 FEET RIGHT OF STATION 469+78.29 OF SAID CENTERLINE; THENCE S 72 DEGREES 53 MINUTES 05 SECONDS E, 23.00 FEET TO A POINT 98.02 FEET RIGHT OF STATION 470+00.65 OF SAID CENTERLINE; THENCE S 44 DEGREES 37 MINUTES 46 SECONDS E, 61.21 FEET TO A POINT 142.07 RIGHT OF STATION 470+43.15 OF SAID CENTERLINE AND THE EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF DOUGLAS DRIVE; THENCE S 00 DEGREES 05 MINUTES 21 SECONDS W, ALONG SAID WEST LINE 86.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.567 ACRES, MORE OR LESS, CHARLESTON, ILLINOIS. It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from FA Route 17 (IL Rte 16), previously declared a freeway."; and by inserting the following after the end of Section 100: "Section 101. Upon the payment of the sum of $4,000.00 to the State
[November 28, 2001] 90 of Illinois, the rights or easement of access, crossing, light, air and view from, to and over the following described line and FA Route 12 are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 7105100 A one acre tract of even width off the North end of the following described property as recorded in Warranty Deed, Book 606, Page 688, Recorded the 26th day of June, A.D. 1975: Beginning at a point 75.00 feet East of the southwest corner of Outlot 76 of the six acre outlots to the Town of Vandalia, Fayette County, Illinois, running thence West 603.00 feet to the southwest corner of six acre Outlot 77; thence North 327.40 feet to the south right-of-way line of U.S. Route 40; thence easterly along said right-of-way line a distance of 603.37 feet to a point directly North of the Place of Beginning, thence South 304.80 feet, more or less, to the Place of Beginning. The total length of Release of Access Control is 603.37 linear feet. Section 102. Upon the payment of the sum of $10,000.00 to the State of Illinois, the rights or easement of access, crossing, light, air and view from, to and over the following described line and FA Route 12 are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 7510124 Access Rights are to be released along the following described property: A part of outlot 45 of the twelve acre outlots in the city of Vandalia, Illinois, located in section 8, township 6 north, range 1 east of the third principal meridian, more particularly described as follows: Beginning at an iron pin (found) at the southwest corner of lot 3 of hicks subdivision of a part of outlot 45 of the twelve acre outlots in the city of Vandalia, Illinois; Thence north 00 degrees 32 minutes 00 seconds east (assumed bearing), along the west line of lot 3 of hicks subdivision, a distance of 486.19 feet to an iron pin (found) on the southerly right-of-way line of U.S. Route 40 (Vantran avenue); Thence southwesterly along the southerly right-of-way line of U.S. Route 40, a curve to the left having a radius of 5,654.60 feet a distance of 182.00 feet to an iron pin (set), this curve is subtended by a chord bearing south 68 degrees 40 minutes 43 seconds west, whose length is 182.00 feet; Thence south 38 degrees 37 minutes 33 seconds west, along the southerly right-of-way line of U.S. Route 40, a distance of 134.05 feet to an iron pin (set); Thence south 00 degrees 32 minutes 00 seconds west, 310.52 feet to an iron pin (set); Thence south 88 degrees 55 minutes 00 seconds east, 251.63 feet to the point of beginning; This tract contains 2.443 acres of land, more or less. The total length of release of access control is 316.05 linear feet. Section 103. Upon the payment of the sum of $800.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Schuyler County, Illinois: Parcel No. 675X214 A part of the Southeast Quarter of the Northeast Quarter of Section 23, and part of the Southwest Quarter of the Northwest Quarter of Section 24 all in Township 2 North, Range 2 West of the Fourth Principal Meridian, Schuyler County, Illinois, more particularly described as follows: Commencing at a found bolt marking the Northwest corner of the
91 [November 28, 2001] Northeast Quarter of said Section 23, thence along the north line of said Section 23, South 89 degrees 44 minutes 38 seconds East a distance of 2,694.46 feet to a found Railroad Spike marking the Northwest corner of said Section 24, thence along the West line of said Section 24, South 00 degrees 35 minutes 26 seconds West a distance of 1,363.15 feet to the intersection of said West line of Section 24 and the centerline of S.B.I. 3, thence South 13 degrees 55 minutes 05 seconds West a distance of 43.91 feet to a Right of way marker on the Southerly Right of Way line of S.B.I. 3, marking the True Point of Beginning; thence South 29 degrees 42 minutes 29 seconds East along the Southerly Right of way line of S.B.I. 3 a distance of 520.76 feet to a Right of Way marker; thence North 49 degrees 37 minutes 43 seconds West a distance of 338.49 feet to a Right of Way marker; thence North 00 degrees 02 minutes 53 seconds West a distance of 233.06 feet to the Point of Beginning, Containing 0.689 Acres or 30,030 Square feet more or less. Section 104. Upon the payment of the sum of $9,998.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Bureau County, Illinois, to Sharon Partel and Adrienne Jacobs in Joint Tenancy. Parcel No. 288J023 A parcel of land in the South Half of the Northwest Quarter of Section 34, Township 16 North, Range 11 East of the Fourth Principal Meridian, Bureau County, Illinois, described as follows: Commencing at the Southeast Corner of the Northwest Corner of said Section 34; thence Westerly on the South Line of said Northwest Quarter, said line having a bearing of North 90 degrees 00 minutes 00 seconds West, a distance 1343.22 feet to the Easterly Right-of-Way Line of a public street designated Gertrude Street in Beverly's Addition to the City of Spring Valley; thence Northerly on said Easterly Right-of-way Line, said line having a bearing of North 0 degrees 00 minutes 00 seconds East, a distance of 455.33 feet; thence Easterly on a line having a bearing of South 90 degrees 00 minutes 00 seconds East, a distance of 257.86 feet to the Southwesterly Right-of-Way Line of public highway designated F.A. 698, said point being the Point of Beginning of the herein after described parcel of land; thence Northeasterly on said Southwesterly Right-of-way Line, said line having a bearing of North 42 degrees 43 minutes 09 seconds East, a distance of 48.54 feet; thence Northwesterly on said Southwesterly Right-of-way Line, said line having a bearing of North 43 degrees 32 minutes 50 seconds West, a distance of 132.90 feet; thence Easterly on a line having a bearing of North 89 degrees 12 minutes 54 seconds East , a distance of 40.86 feet; thence Southeasterly on the Southeasterly Right-of-Way Line, said line having a bearing of South 43 degrees 32 minutes 50 seconds East, a distance of 182.87; thence Westerly on a line having a bearing of North 90 degrees 00 minutes 00 seconds West, a distance of 108.21 feet to the Point of Beginning, containing 0.153 acre, more or less. For the purpose of this description, said South Line of the Northwest Quarter of Section 34 has been assigned the bearing of North 90 degrees 00 minutes 00 seconds West. Section 105. Upon the payment of the sum of $3,250.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Rock Island County, Illinois, to James R. Prochaska and LaVonne F. Prochaska, in joint tenancy. Parcel No. 293S005 A parcel of land in the Northeast Quarter of the Southwest Quarter
[November 28, 2001] 92 of Section 30, Township 17 North, Range 1 West of the Fourth Principal Meridian, Rock Island County, Illinois, described as follows: Beginning at the Southwest Corner of the Northeast Quarter of the Southwest Quarter of said Section 30; thence Northerly on the West Line of the Northeast Quarter of said Southwest Quarter, said line having a bearing of North 0 degrees 14 minutes 09 seconds West, a distance of 338.00 feet to a point in the Southerly Right-of-Way Line of F.A.U. Route 5792/F.A.S. Route 207 (Knoxville Road); thence Northeasterly on said Southerly Right-of-Way Line, said line having a bearing of North 79 degrees 12 minutes 51 seconds East, a distance of 7.42 feet to a point; thence Easterly on said Southerly Right-of-Way Line, said line having a bearing of South 80 degrees 50 minutes 00 second East, a distance of 76.49 feet to a point of curvature; thence Southeasterly on a tangential curve to the right and said Southerly Right-of-Way Line, a distance of 35.47 feet, having a radius of 779.03 feet, a central angle of 2 degrees 36 minutes 31 seconds and the long chord of said curve bears South 79 degrees 31 minutes 45 seconds East, a chord distance of 35.47 feet to a point; thence Southwesterly on a line having a bearing of South 21 degrees 27 minutes 02 seconds West, a distance of 220.14 feet to a point; thence Southeasterly on a line having a bearing of South 78 degrees 46 minutes 34 seconds East, a distance of 61.05 feet to a point; thence Northeasterly on a line having a bearing of North 21 degrees 27 minutes 02 seconds East, a distance of 198.01 feet to a point in the West Line of the premises conveyed to James R. Prochaska and Lavonne Prochaska by Warranty Deed recorded as Document No. 670629 in the Recorder's Office of Rock Island County; thence Southerly on the West Line of said premises so conveyed, said line having a bearing of South 1 degree 47 minutes 49 seconds West, a distance of 289.89 feet to a point in the South Line of the Northeast Quarter of said Southwest Quarter; thence Westerly on the South Line of the Northeast Quarter of said Southwest Quarter, said line having a bearing of North 89 degrees 28 minutes 13 seconds West, a distance of 159.00 feet to the Point of Beginning. The above described parcel of land designated Parcel 293S005 on the Excess Property Plat attached hereto and made a part hereof, contains 0.935 acre, more or less. For the purpose of this description, said West Line of the Northeast Quarter of the Southwest Quarter of Section 30 has been assigned the bearing of North 0 degree 14 minutes 09 seconds West. Section 106. Subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation pursuant to an intergovernmental agreement dated December 7, 1989 between the department and the City of Chicago is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Cook County, Illinois, to City of Chicago, A Municipal Corporation. Parcel No. 0ZZ0959 Lot 1 - Parcel Number 0052 Said parcel contains 0.167 acre + / - Lot 59 in Koester and Zander's West Irving Park subdivision in north 1/2 of Section 21, Township 40 north, Range 13 east of the Third Principal meridian, in Cook County, Illinois. Lot 2 - Parcel Number 0060 Said parcel contains 0.263 acre + / - (whole) The East 42 feet of Lot 29 in Block 5 in Gross' Milwaukee Avenue Addition to Chicago, a Subdivision in the West Half of the Northwest Quarter of Section 22, Township 40 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 2 pt. - Parcel Number 0061 Lot 29 (Except the East 42 feet thereof) in Block 5 in Gross' Milwaukee Avenue addition to Chicago, being a subdivision in the West 1/2 of the North West 1/4 of Section 22, Township 40 North,
93 [November 28, 2001] Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 2 pt. - Parcel Number 0062 Said parcel contains 0.072 acre + / - Lot 28, in Block 5 in Gross' Milwaukee Avenue Addition to Chicago, a Subdivision in the West Half of the Northwest Quarter of Section 22, Township 40 North, Range 13 East of the Third Principal Meridian in Cook County, Illinois. Lot 2 pt. - Parcel Number 0062TE Said parcel contains 0.072 acre + / - Lot 27, in Block 5, in Gross' Milwaukee Avenue Addition to Chicago, a Subdivision in the West Half of the Northwest Quarter of Section 22, Township 40 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. Lot 3 - Parcel Number 0056 Said parcel contains 0.143 acre + / - Lots 579 and 580 in Grayland Park Addition to Chicago, said addition being a subdivision of the North Half of the Northeast Quarter of Section 21, Township 40 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 4 - Parcel Number 0057 Said parcel contains 0.143 acre + / - Lots 386 and 387 in Grayland Park Addition to Chicago, said addition being subdivision of the North Half of the Northeast Quarter of Section 21, Township 40 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 5 - Parcel Number 0036 Said parcel contains 0.287 acre + / - Lots 3 to 6 inclusive, in the Resubdivision of Block 12 in George C. Campbell's Subdivision of the Northeast Quarter of the Northeast Quarter of Section 9 and the South Half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 39 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. Lot 6 - Parcel Number 0037 Said parcel contains 0.157 acre + / - Lots 25 and 26 in Block 3 in West Chicago Land Company's Subdivision of the Northwest Quarter of the Northwest Quarter of Section 10, Township 39 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 7 - Parcel Number 0038 Said parcel contains 0.264 acre + / - Lots 17, 18 and 19 in Block 3 in West Chicago Land Company's Subdivision of the Northwest Quarter of the Northwest Quarter of Section 10, Township 39 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Lot 8 - Parcel Number 0039 Said parcel contains 0.207 acre + / - Lots 1, 2, and 3 in Block 2 in M. D. Birge and Co.'s Second Subdivision being a subdivision of the South half of the Northeast Quarter of the Southeast Quarter of Section 4, Township 39 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois, DLS. NP. Lot 9 pt. - Parcel Number 0024 Said parcel contains 0.185 + / - acre (whole) LOT 87 IN MANDELL'S SUBDIVISION OF LOTS 14 TO 19 IN SCHOOL TRUSTEES' SUBDIVISION OF NORTH PART OF SECTION 16, TOWNSHIP 39 NORTH, RANGE 13 LYING EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Lot 9 pt. - Parcel Number 0025 Lot 86 in Mandell's Subdivision of Lots 14 to 19 in School Trustees' Subdivision in Section 16, Township 39 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 10 - Parcel Number 0026 Said parcel contains 0.133 + / - acre Lots 1 and 2 in Block 1 in Congress 1st Addition to Chicago, a subdivision of the Southwest Quarter of the Northwest Quarter of
[November 28, 2001] 94 Section 15, Township 39 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Lot 11 - Parcel Number 0077 Said parcel contains 0.186 + / - acre Lots 1 to 3 in Block 1 of Gundersons Second Addition to Chicago, being a subdivision of the north west quarter of the south west quarter of the northwest quarter of Section 15, Township 39 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 12 - Parcel Number 0030 Said parcel contains 0.143 + / - acre Lots 1 and 2 in the subdivision of Lot 7 in the School Trustees' Subdivision of the North part Section 16, Township 39 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois. Lot 14 - Parcel Number 0032 Said parcel contains 0.273 + / - acre Lots 25, 26 and 27, in Block 2 in Hobart's Subdivision of the Northwest Quarter of the Northwest Quarter of Section 15, Township 39 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Lot 15 - Parcel Number 0034 Said parcel contains 0.263 acre + / - LOTS 1, 2, 3 AND 4 IN HARVEY S. BRACKETT'S RESUBDIVISION OF LOTS 20 TO 24 AND 25 TO 48 IN BLOCK 24 AND LOTS 1 TO 15 IN BLOCK 25 IN RESUBDIVISION OF SOUTH 1/2 OF BLOCKS 18 TO 24 AND NORTH 1/2 OF BLOCKS 25 TO 32 IN SUBDIVISION (BY WEST CHICAGO COMPANY) OF SOUTH 1/2 OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Lot 16 pt. - Parcel Number 0071 Said parcel contains 0.373 acre + / - (whole) That part of the East 4.09 chains (measured on the north line) of that part of Southeast Quarter of Section 9, Township 39 North, Range 13 East of the Third Principal Meridian, lying North of Center of Lake Street (Except therefrom those parts taken for streets and railroad right-of-way) described as follows: Commencing at the intersection of northerly line of West Lake Street and westerly line of North Cicero Avenue; thence North on west line of North Cicero Avenue 91.92 feet for a point of beginning; thence westerly along a line drawn to a point 80.64 feet North of the northerly line of West Lake Street, 111.00 feet; thence North on a line parallel to west line of North Cicero Avenue 49.87 feet; thence easterly along a line drawn to a point 48.80 feet North of place of beginning, 111.02 feet to west line of North Cicero Avenue; thence South along west line of north Cicero Avenue 48.80 feet to place of beginning in Cook County, Illinois Lot 16 pt. - Parcel Number 0072 Said parcel contains 0.247 acre + / - Parcel One: That part of the East 4.09 chains (measured on north line) of that part of Southeast 1/4 of Section 9, Township 39 North, Range 13, East of the Third Principal Meridian, lying North of center of Lake Street (Except therefrom those parts taken for streets and railroad right-of-way) described as follows: Commencing at the intersection of the northerly line of West Lake Street and the west line of North Cicero Avenue; thence North on the west line of North Cicero Avenue, 188.72 feet for a place of beginning of the tract herein conveyed; thence North on the west line of North Cicero Avenue 48.99 feet, thence West 111.01 feet to a point which is 227.50 feet North of the northerly line of West Lake Street (as measured along a line which is 111.01 feet West of and parallel with the west line of North Cicero Avenue); thence South along said parallel line 48.38 feet; thence easterly 111.02 feet more or less to the place of beginning, in Cook County, Illinois. Parcel Two: That part of the East 4.09 chains (measured on north line) of that part of Southeast 1/4 of Section 9, Township 39 North, Range 13, East of the Third Principal Meridian, lying North
95 [November 28, 2001] of center of Lake Street (except therefrom those parts taken for streets and railroad right-of-way) described as follows: Commencing at the intersection of the northerly line of West Lake Street and the westerly line of North Cicero Avenue; thence North on west line of North Cicero Avenue 140.72 feet for a point of beginning; thence westerly along a line drawn to a point 130.51 feet North on a line parallel to west line of North Cicero Avenue, 48.61 feet; thence easterly along a line drawn to a point 48.00 feet North of the place of beginning, 111.02 feet to the west line of North Cicero Avenue; thence South along the west line of North Cicero Avenue, 48.00 feet to the place of beginning, in Cook County, Illinois. Lot 17 - Parcel Number 0020 Said parcel contains 0.118 + / - acre Lots 47 and 48 in Butler Lowry's West 48th Street addition being a subdivision of parts of Blocks 9 and 10 in Parrington and Scranton's Subdivision of the West Half of the Southwest Quarter of Section 15, Township 39 North, Range 13, East of the third Principal Meridian, lying North of Barry Point Road in Cook County, Illinois. TOTAL AREA FOR ALL 16 LOTS 3.31 ACRES + / -"; and by replacing all of Section 165 with the following: "Section 165. Subject to appraisal by an appraiser who is licensed under the Real Estate Appraiser Licensing Act and upon the payment of a sum equal to the amount of that appraisal to the State of Illinois and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title, and interest in and to the following described land in Cook County, Illinois, to Lanco International (Mi-Jack): Parcel: 0ZZ0953 That part of the Northwest Quarter of Northwest Quarter of Section 25, township 36 North, Range 13 East of the Third Principal Meridian, Cook County, State of Illinois, bounded and described as follows: Commencing at the northeast corner of Lot 10 in Hazelcrest Farms, being a subdivision in the Northwest Quarter of the Northwest Quarter of said Section 25 as per plat recorded June 20, 1946 as Torrens Document 1104507; thence South 0 degrees 54 minutes 18 seconds West (Bearings assumed for description purposes only) along the east line of said Lot 10 a distance of 48.44 feet (deed) to a point (said point being on the northerly right of way line of F.A.I. Route 80); thence North 89 degrees 46 minutes 06 seconds West along said right of way line a distance of 1122.38 feet (deed) to the Point of Beginning; thence (the following 7 courses being along the existing right of way line of F.A.I. Route 80) North 0 degrees 55 minutes 19 seconds East a distance of 59.74 feet (59.92 Deed) to a point on the north line of said Lot 10; thence North 89 degrees 11 minutes 29 seconds West along said north line of Lot 10 (also being the south line of Lot 9 in aforesaid Hazelcrest Farms subdivision) a distance of 0.55 feet more or less to the east line of the west 150 feet of Lot 9 in said Subdivision; thence North 0 degrees 53 minutes 57 seconds East along the last described line and along the east line of the west 150 feet of Lots 8 and 6 in said subdivision a distance of 410 feet to a point of intersection of said east line of the west 150 feet with the north line of said Lot 6 in aforesaid Hazelcrest Farms subdivision; thence North 5 degrees 56 minutes 38 seconds West a distance of 100.70 feet to a point; thence North 30 degrees 20 minutes 34 seconds West a distance of 57.84 feet to a point; thence North 43 degrees 51 minutes 47 seconds West a distance of 71.01 feet to a point on the south line of Lot 7 aforesaid Hazelcrest Farms subdivision; thence North 89 degrees 11 minutes 29 seconds West along the last
[November 28, 2001] 96 described line a distance of 23 feet to a point (said point being 35 feet east of the southwest corner of said Lot 7); thence south 6 degrees 13 minutes 39 seconds East a distance of 201.52 feet more or less to a point of intersection of the north line of aforesaid Lot 6 in Hazelcrest Farms subdivision with the east line of the west 60 feet of said Lot 6; thence South 0 degrees 53 minutes 57 seconds West along said east line of the west 60 feet of Lot 6 and along the east line of the west 60 feet of aforesaid Lots 8, 9 and 10 in Hazelcrest Farms subdivision a distance of 470.65 feet to a point; thence South 89 degrees 46 minutes 06 seconds East a distance of 90.53 feet to the point of Beginning, in Cook County, Illinois. Containing a total of 1.321 acres (57,530 feet) more or less. Access to I-80 will not be allowed."; and by inserting the following after the end of Section 915: "Section 920. The Director of the Illinois Department of Corrections is authorized to convey by quitclaim deed to the Saint Charles Park District in Saint Charles, Illinois all right, title, and interest in and to the following described land in Kane County, Illinois: PARCEL 6: ILLINOIS DEPARTMENT OF CORRECTIONS (ST. CHARLES PARK DISTRICT) A part of Section 30 and a part of Section 31, Township 40 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, more particularly described as follows: Beginning at the Southeast Corner of Unit No. 2 Lake Charlotte in the City of St, Charles recorded in Plat Book 55, Page 36 as Document No. 1178684 in the Kane County Recorder's Office in the City of St. Charles, Kane County, Illinois, said Southeast Corner being on the Centerline of Campton Hills Drive. From said Point of Beginning, thence southeast 389.76 feet along said Centerline to the Centerline of Peck Road; thence south 2211.39 feet along the Centerline of said Peck Road which forms an angle to the left of 94 degrees-13'-30" with the last described course to an angle in said Centerline; thence southeast 505.06 feet along said Centerline which forms an angle to the left of 188 degrees-06'-49" with the last described course; thence west 2659.52 feet along a line which forms an angle to the left of 81 degrees-53'-11" with the last described course to a point lying 300 feet normally distant east of the Easternmost Perimeter Fence of the Illinois Department of Corrections St. Charles Youth Facility, said Point lying 1005.45 feet north of the North Right-of-Way Line of Illinois State Route 38, said North Right-of-Way Line being 60 feet normally distant north of the Centerline of said State Route 38; thence north 1784.40 feet along a line parallel with said Easternmost Fence and which line forms an angle to the left of 89 degrees-5l'-31" with the last described course to a point lying 300.00 feet normally distant northeast of the Southeasterly Extension of the Northeasternmost Perimeter Fence of said St. Charles Youth Facility; thence northwest 396.92 feet along a line parallel with said Northeasternmost Fence which forms an angle to the left of 254 degrees-36'-15" with the last described course; thence northeast 376.87 feet along a line which forms an angle to the left of 75 degrees-46'-08" with the last described course to a Point of Curve; thence northeast 219.61 feet along an arc of a curve concave to the northwest with a radius of 1670.00 feet and the 219.45 foot chord of said arc forms an angle to the left of 183 degrees-46'-02" with the last described course to a Point of Tangency; thence northeast 528.00 feet along a line which forms an angle to the left of 183 degrees-46'-02" with the last described chord to a point on the Centerline of said Campton Hills Drive lying 1304.41 feet southeast of the Southwest Corner of Lake Charlotte in the City of St. Charles recorded in Plat Book 40, Page 13, and recorded as Document
97 [November 28, 2001] No. 107632 in the Kane County Recorder's Office as measured along said Centerline; thence southeast 520.50 feet along said Centerline which forms an angle to the left of 107 degrees-44'-39" with the last described course; thence southeast 1580.34 feet along said Centerline which forms an angle to the left of 180 degrees-01'-36" with the last described course to the Point of Beginning, containing 170.497 acres, more or less. Excepting therefrom the following described tract: That part of the Southeast Quarter of Section 30 and that part of the Northeast Quarter of Section 31, all in Township 40 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, described as follows: Commencing at the southeast corner of the Northeast Quarter of said Section 31; thence on an assumed bearing of South 88 degrees 18 minutes 16 seconds West along the south line of the Northeast Quarter of said Section 31, a distance of 3.80 feet to the center line of Peck Road; thence North 9 degrees 21 minutes 11 seconds West along the center line of Peck Road, a distance of 121.20 feet to the point of beginning; thence South 80 degrees 39 minutes 00 seconds West, a distance of 60.00 feet to a point 60.00 feet normally distant Westerly of the center line of Peck Road; thence North 9 degrees 21 minutes 11 seconds West along a line 60.00 feet normally distant Westerly of and parallel with the center line of Peck Road, a distance of 927.06 feet; thence North 1 degree 14 minutes 12 seconds West along a line 60.00 feet normally distant Westerly of and parallel with the center line of Peck Road, a distance of 2215.26 feet to the center line of Campton Hills Road; thence South 87 degrees 06 minutes 51 seconds East along the center line of Campton Hills Road, a distance 60.16 feet to the center line of Peck Road; thence South 1 degree 14 minutes 12 seconds East, along the center line of Peck Road, a distance of 2206.68 feet to an angle point on the center line of Peck Road; thence South 9 degrees 21 minutes 11 seconds East along the center line of Peck Road, a distance of 922.81 feet to the point of beginning. Said parcel containing 4.319 acres, more or less, of which 2.394 acres, more or less, were previously dedicated or used for highway purposes. Section 925. The Director of the Illinois Department of Corrections is authorized to convey by quitclaim deed to the Saint Charles Park District in Saint Charles, Illinois all right, title, and interest in and to the following described land in Kane County Illinois: PARCEL 7: ILLINOIS DEPARTMENT OF CORRECTIONS (ST. CHARLES PARK DISTRICT) A part of Southeast Quarter of Section 31, Township 40 North, Range 8 East of the Third Principal Meridian, City of St. Charles, Kane County, Illinois, more particularly described as follows: Beginning at the Southeast Corner of said Southeast Quarter. From said Point of Beginning, thence north 1320.96 feet along the East Line of said Section 31 to an angle in the Centerline of Peck Road, thence north 178.15 feet along said Centerline which forms an angle to the right of 180 degrees-25'-57" with the last described course to the Southeast Corner of a Tract of Land conveyed to the Illinois Department of Transportation by Document No. 1690232 in the Kane County Recorder's Office; thence west 833.00 feet along the South Line of said Tract which forms an angle to the right of 86 degrees-44'-38" with the last described course to the Southwest Corner thereof; thence south 550.00 feet along the Southerly Extension of the West Line of said Tract which forms an angle to the right of 93 degrees-15'-22" with the last described course; thence west 715.24 feet along a line which forms an angle to the right of 270 degrees-00'-00" with the last described course to a point on the Southeasterly Line of a Tract of Land conveyed to the City of St. Charles by Quit Claim Deed recorded November 30, 1993, as Document No. 93K095347 said Recorder's Office, said Point being
[November 28, 2001] 98 310.39 feet northeast of the Southeast Corner of said Tract; thence southwest 310.39 feet along said Southeast Line which forms an angle to the right of 120 degrees-04'-03" with the last described course to said Southeast Corner; thence south 689.31 feet along a line which forms an angle to the right of 148 degrees-02'-27" with the last described course to a point on the South Line of said Southeast Quarter lying 1690.55 west of the Point of Beginning; thence east 1690.55 feet along said South Line which forms an angle to the right of 90 degrees-00'-00" with the last described course to the Point of Beginning, containing 46.798 acres, more or less. Excepting therefrom a tract of land 200.00 feet wide lying South of and adjacent to a tract of land conveyed to the Illinois Department of Transportation by Document No. 1690232 in Kane County, Illinois also except therefrom the following described tracts: Commencing at the southeast corner of the Southeast Quarter of said Section 31; thence on an assumed bearing of South 88 degrees 26 minutes 12 seconds West along the south line of the Southeast Quarter of said Section 31, a distance of 83.58 feet to the westerly right of way line of Peck Road and the point of beginning; thence continuing South 88 degrees 26 minutes 12 seconds West along the south line of the Southeast Quarter of said Section 31, a distance of 27.09 feet to a point 27.00 feet radially distant Westerly of the westerly right of way line peck Road; thence northerly 199.34 feet along a curve to the right having a radius of 2182.26 feet and being 27.00 feet radially distant Westerly of and concentric with the westerly right of way line of Peck Road, the chord of said curve bears North 5 degrees 44 minutes 28 seconds East, 199.27 feet; thence North 8 degrees 21 minutes 29 seconds East along a line 27.00 feet normally distant Westerly of and parallel with the westerly right of way line of Peck Road, a distance of 17.52 feet; thence northerly 291.52 feet along a curve to the left having a radius of 2062.26 feet and being 27.00 feet radially distant Westerly of and concentric with the westerly right of way line of Peck Road, the chord of said curve bears North 4 degrees 18 minutes 30 seconds East, 291.28 feet; thence North 0 degrees 15 minutes 31 seconds East along a line 27.00 feet normally distant West of and parallel with the west right of way line of Peck Road, a distance of 820.31 feet; thence North 2 degrees 57 minutes 17 seconds East, a distance of 170.58 feet; thence South 89 degrees 40 minutes 44 seconds East, a distance of 19.16 feet to the west right of way line of Peck Road; thence North 89 degrees 53 minutes 17 seconds East, a distance of 31.70 feet to the east line of the Southeast Quarter of said Section 31; thence South 0 degrees 06 minutes 43 seconds East along the east line of the Southeast Quarter of said Section 31, a distance of 990.90 feet; thence North 89 degrees 44 minutes 29 seconds West, a distance of 38.29 feet to the west right of way line of Peck Road; thence southerly 295.34 feet along the westerly right of way line of Peck Road on a curve to the right, having a radius of 2089.26 feet, the chord of said curve bears South 4 degrees 18 minutes 30 seconds West, 295.09 feet; thence South 8 degrees 21 minutes 29 seconds West along the westerly right of way line of Peck Road, a distance of 17.52 feet; thence southerly 194.66 feet along the westerly right of way line of peck Road on a curve to the left having a radius of 2155.26 feet, the chord of said curve bears South 5 degrees 46 minutes 14 seconds West, 194.59 feet to the point of beginning. Said parcel containing 1.711 acres, more or less, of which 0.798 acre, more or less, was previously dedicated or used for highway purposes. Section 930. The Director of the Illinois Department of Corrections is authorized to convey by quitclaim deed to the Saint Charles Park District in Saint Charles, Illinois all right, title, and interest to and in the following described land in Kane County, Illinois: PARCEL 10: ILLINOIS DEPARTMENT OF CORRECTIONS (CITY OF ST. CHARLES
99 [November 28, 2001] - GUN RANGE) A part of the Southeast Quarter of Section 31, Township 40 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, more particularly described as follows: Beginning at the Northeast Corner of a Tract of Land conveyed to the City of St. Charles by Quit Claim Deed recorded November, 30, 1993 as Document No. 93K095347 in the Kane County Recorder's Office. From said Point of Beginning, thence south 749.89 feet along the East Line of said Tract; thence southwest 309.61 feet along the Southeast Line of said Tract which forms an angle to the right of 210 degrees-30'-00" with the last described course; thence east 715.24 feet along a line which forms an angle to the right of 59 degrees-55'-57" with the last described course to a point on the Southerly Extension of the West Line of a Tract of Land conveyed to the Illinois Department of Transportation by Document No. 1690232 in said Recorder's Office, said Point being 550.00 feet south of the Southwest Corner of said Tract; thence north 1050.00 feet along said Southerly Extension and the West Line of said Tract and which line forms an angle to the right of 90 degrees-00'-00" with the last described course to the Northwest Corner of said Tract, said Northwest Corner being on the South Right-of-Way Line of Illinois State Route 38, (said South Right-of-Way Line being 60.00 feet normally distant south of the Centerline of said State Route 38); thence west 566.70 feet along said South Right-of-Way Line which forms an angle to the right of 86 degrees-44'-38" with the last described course to the Point of Beginning, except the north 100 feet and the east 60 feet, containing 13.822 acres, more or less. Section 935. The Director of the Illinois Department of Corrections is authorized to convey by quitclaim deed to the City of Saint Charles, Illinois all right, title, and interest to and in the following described land in Kane County, Illinois: PARCEL 11: ILLINOIS DEPARTMENT OF CORRECTIONS (CITY OF ST. CHARLES) A part of the Southeast Quarter of Section 36, Township 40 North, Range 7 East and a part of the Southwest Quarter and a part of the Southeast Quarter of Section 31, Township 40 North, Range 8 East, all being from the Third Principal Meridian, City of St. Charles, Kane County, Illinois, more particularly described as follows: Commencing at the Northwest Corner of a Tract of Land conveyed to the City of St. Charles by Quit Claim Deed recorded November 30, 1993 as Document No. 93K095347 in the Kane County Recorder's Office; thence south 433.65 feet along the West Line of said Tract to the Point of Beginning. From said Point of Beginning, thence continuing south 867.19 feet along said West Line which forms an angle to the right of 180 degrees-00'-00" with the last described course to the Southwest Corner of said Tract; thence west 3020.33 feet, more or less, along the Westerly Extension of the South Line of said Tract which forms an angle to the left of 90 degrees-00'-00" with the last described course to an Old Fence Line; thence northeast along said Old Fence Line to a point lying 430.42 feet south of the South Right-of-Way Line of Illinois State Route 38 as measured along said Old Fence Line, (said South Right-of-Way Line being 60.00 feet normally distant south of the Centerline of said Route 38); thence southeast to the Point of Beginning, containing 71.9 acres, more or less. Section 940. The Director of the Illinois Department of Corrections is authorized to convey by quitclaim deed to the Saint Charles Park District in Saint Charles, Illinois all right, title, and interest to and in the following described land in Kane County, Illinois: PARCEL 5: ILLINOIS DEPARTMENT OF CORRECTIONS (ST. CHARLES PARK DISTRICT)
[November 28, 2001] 100 A part of Section 30 and Section 31, Township 40 North, Range 8 East and a part of Section 25 and Section 36, Township 40 North, Range 7 East all being from the Third Principal Meridian, Kane County, Illinois, more particularly described as follows: Beginning at the Southwest Corner of Lake Charlotte in the City of St. Charles, Kane County, Illinois, recorded in Plat Book 50, Page 13, as Document No. 1076392 in the Kane County Recorder's Office, said Southwest Corner also being on the Centerline of Campton Hills Drive, thence southeast 1199.41 feet along the South Line of said Lake Charlotte; thence southwest 496.00 feet along a line which forms an angle to the left of 72 degrees-15'-21" with the last described course to a Point of Curve; thence southwest 206.46 feet along the arc of a curve concave to the northwest with a radius of 1570.00 feet and the 206.31 foot chord of said arc forms an angle to the left of 176 degrees-13'-58" with the last described course to a Point of Tangency; thence southwest 402.23 feet along a line which forms an angle to the left of 176 degrees-13'-58" with the last described chord to a point lying 300.00 feet normally distant northeast of the Northeasternmost Perimeter Fence of the Illinois Department of Corrections St. Charles Youth Facility, thence northwest 1202.06 feet along a line parallel with said Northeasternmost Fence and which line forms an angle to the left of 104 degrees-13'-52" with the last described course; thence northwest 73.77 feet along a line which forms an angle to the left of 121 degrees-36'-24" with the last described course; thence northeast 201.19 feet along a line which forms an angle to the left of 104 degrees-09'-54" with the last described course; thence northeast 211.28 feet along a line which forms an angle to the left of 195 degrees-08'-10" with the last described course; thence northeast 78.14 feet along a line which forms an angle to the left of 202 degrees-08'-27" with the last described course; thence northeast 37.96 feet along a line which forms an angle to the left of 127 degrees-56'-35" with the last described course; thence northwest 140.00 feet along a line which forms an angle to the left of 266 degrees-31'-00" with the last described course; thence northwest 196.00 feet along a line which forms an angle to the left of 240 degrees-20'-20" with the last described course; thence southeast 151.00 feet along a line which forms an angle to the left of 297 degrees-04'-19" with the last described course; thence southeast 136.00 feet along a line which forms an angle to the left of 230 degrees-43'-21" with the last described course; thence southwest 48.88 feet along a line which forms an angle to the left of 97 degrees-24'-25" with the last described course; thence southwest 201.42 feet along a line which forms an angle to the left of 157 degrees-5l'-33" with the last described course; thence southwest 220.57 feet along a line which forms an angle to the left of 164 degrees-5l'-50" with the last described course; thence southeast 78.67 feet along a line which forms an angle to the left of 255 degrees-50'-06" with the last described course to a point lying 300.00 feet normally distant northeast of said Northeasternmost Fence; thence northwest 239.05 feet along a line parallel with said Northeasternmost Fence and which forms an angle to the left of 58 degrees-23'-36" with the last described course to a point 300.00 feet normally distant northwest of the Northeasterly Extension of the Northwesternmost Perimeter Fence of said St. Charles Youth Facility; thence southwest 1282.39 feet along a line parallel with said Northwesternmost Fence and which forms an angle to the left of 232 degrees-43'-20" with the last described course to a point 300.00 feet normally distant west of the Northerly Extension of the Westernmost Perimeter Fence of said St. Charles Youth Facility; thence south 148.77 feet along a line parallel with said Westernmost Fence and which forms an angle to the left of 232 degrees-45'-10" with the last described course to a point lying 1968.82 feet north of the North Right-of-Way Line of Illinois State Route 38; thence west 810.64 feet along a line which forms an angle to the left of 90 degrees-00'-00" with the last described course;
101 [November 28, 2001] thence southwest to a point on the East Line of the West Half of the Northwest Quarter of said Section 36 lying 809.42 feet north of said North Right-of-Way Line; thence north along said East Line to a point lying 198.00 feet (3 chains) south of the Northwest Corner of the East Half of said Northwest Quarter; thence east 330.00 feet (5 chains) along a line parallel with the North Line of said Northwest Quarter; thence north 198.00 feet (3 chains) along a line parallel with said East Line to a point on said North Line; thence east along said North Line and the North Line of the Northeast Quarter of said Section 36 to the Southwest Corner of the East Half of the Southeast Quarter of said Section 25; thence north along the West Line of the East Half of said Southeast Quarter to the Centerline of Campton Hills Drive as shown on Happy Hills Unit No. 1, recorded June 22, 1956 in Book 35 of Plats on Page 19 as Document No. 810404 in the Kane County Recorder's Office, thence northeast and southeast along said Centerline to the Southwest Corner of said Happy Hills Unit No. 1; thence southeast 183.49 feet along said Centerline to the Southwest Corner of a Tract of Land conveyed by Document No. 58401; thence northerly along the Westerly Line of said Tract 1336.53 feet to the Northwest Corner of said Tract; thence easterly along the North Line of said Tract 169.62 feet to the East Line of said Southeast Quarter; thence easterly along the Northerly Line of said Tract 181.50 feet to the Northwest Corner of Lake Charlotte in the City of St. Charles, Kane County, Illinois recorded in Plat Book 50, Page 13, as Document No. 1076392 in the Kane County Recorder's Office; thence southerly along the Westerly Line of said Lake Charlotte 1369.22 feet to the Point of Beginning, containing 130.8 acres, more or less. Section 945. The Illinois Department of Corrections is authorized to convey by quitclaim deed to the City of Geneva in Geneva, Illinois all right, title, and interest to and in the following described land in Kane County Illinois: PARCEL 8: ILLINOIS DEPARTMENT OF CORRECTIONS (CITY OF GENEVA) A part of Section 31, Township 40 North, Range 8 East and a part of Section 36, Township 40 North, Range 7 East and a part of Section 1, Township 39 North, Range 7 East and a part of Section 6, Township 39 North, Range 8 East, all being from the Third Principal Meridian, City of St. Charles, Kane County, Illinois, more particularly described as follows: Beginning at the Southwest Corner of the Southeast Quarter of said Section 31. From said Point of Beginning, thence east 953.34 feet along the South Line of said Southeast Quarter to a point lying 1690.55 feet west of the Southeast Corner of said Southeast Quarter; thence north 689.31 feet along a line which forms an angle to the right of 90 degrees-00'-00" with the last described course to the Southeast Corner of a Tract of Land conveyed to the City of St. Charles by Quit Claim Deed recorded November 30, 1993, as Document No. 93K095347 in the Kane County Recorder's Office; thence west 3654.56 feet, more or less, along the South Line of said Tract and the Westerly Extension thereof to an Old Fence Line; thence southwest along said Old Fence Line to the Intersection with the South Line of the Northeast Quarter of said Section 1; thence east along said South Line and the South Line of the Northwest Quarter of said Section 6 to the Southeast Corner of said Northwest Quarter; thence north along the East Line of said Northwest Quarter to the Northeast Corner of said Northwest Quarter; thence east 66.00 feet along the South Line of the Southwest Quarter of said Section 31 to the Point of Beginning, containing 144.8 acres, more or less. Section 950. According to the terms of an agreement between the City of Chester, Illinois, and the Director of the Illinois Department
[November 28, 2001] 102 of Corrections, the Director of the Illinois Department of Corrections is authorized to convey by quitclaim deed to the City of Chester, Illinois, all right, title, and interest in and to the following described land in Randolph County, Illinois: That part of Lot 13 lying East of Illinois F.A. Route Number 4, except that part heretofore conveyed to the City of Chester as recorded in Book 45, page 31 in the recorder's office of Randolph County. That part of Lot 26 lying East of Illinois F.A. Route Number 4 and all Lot 27 except that part heretofore conveyed to the City of Chester as recorded in Book 45, page 31 in the recorder's office of Randolph County. Section 955. The Director of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to Perry County a Quit Claim Deed for the Department of Natural Resources' interest in the following property and improvements: PARCEL 163: A 100 ft. wide strip of land, being 50 feet on either side of the following described centerline of an existing railroad being part of Section 18, Township 6 South, Range 4 West of the Third Principal Meridian, Perry County, Illinois, and part of Section 13 and Section 14, Township 6 South, Range 5 West of the Third Principal Meridian, Randolph County, Illinois; Commencing at the Northeast corner of Section 18, Township 6 South, Range 4 West, Third Principal Meridian; thence run S 0° 52'24" W, along the East line of said Section 18, a distance of 2429.81 feet to a point on a curve, concave to the southwest, having a radius of 1432.69 feet, a central angle of 11° 25'15"; thence run along said centerline northwesterly along said curve a distance of 285.58 feet; thence run N 43° 46'24" W, a distance of 785.09 feet to a point, said point being the POINT OF BEGINNING of the herein described centerline of a 100 foot wide Right of Way, being a point on a curve concave to the southwest, having a radius of 1432.69 feet, a central angle of 45° 09'00"; thence run northwesterly along said curve and along said centerline, a distance of 1128.98 feet; thence run N 88° 55'24" W, along said centerline, a distance of 3741.36 feet; thence run N 88° 51'51" W, along said centerline, a distance of 4018.59 feet; thence run N 88° 45'44" W, along said centerline, a distance of 1044.15 feet to the point of curvature of a curve, concave to the northeast, having a radius of 1477.16 feet a central angle of 44° 42'57"; thence run westerly along said curve and along said centerline, a distance of 1152.83 feet to the POINT OF ENDING being a point on the Easterly Right-of-Way line of Illinois Central Railroad, containing 27.93 acres, more or less, reference being had to Detail "1" on Sheet No. 4 of 8 of that Land Survey made by Cross Country Land Surveying and Engineering, Project No. 956.01, dated 9-26-2001, certified 9-27-2001, I.P.L.S. No. 35-00397. Subject to an easement which crosses this tract, recorded in a deed recorded at Book 611, Page 614 which reads as follows: An Access and Utility Easement over and across an existing 60 feet wide Access and Utility Easement lying 30 feet on each side of the following described centerline: Commencing at the Northwest corner of said Section 13, thence S-00° 29'07"-W, along the West line of said Section 13, a distance of 716.52 feet to a point on the Southerly Right-of-Way line of a 60 feet wide platted street in the Village of Percy, Illinois; thence S-89° 01'44"-E, along the South line of said platted street, a distance of 339.29 feet to a point on the centerline of an existing access road and Point of Beginning for this centerline of easement description; from said Point of Beginning, thence S-49° 39'44"-E, along said centerline a distance of 74.45 feet to a point; thence S-62° 43'18"-E, along said centerline, a distance of 231.94 feet to a point; thence S-51° 17'14"-E, along said centerline, a distance of 313.75 feet to a point; thence S- 31° 59'05"-E, along said centerline of easement
103 [November 28, 2001] and along the centerline of said access road and a Southerly projection thereof, a distance of 160.50 feet to a point on the South Right-of-Way line of Ark Land Company's Spur Track to Captain Mine and end of this centerline easement description. Subject to a 100 ft. wide easement for a private road crossing which is approximately 460 feet East of the West line of Section 18, for ingress and egress. PARCEL 164: A 100 ft. wide strip of land, being 50 feet on either side of the following described centerline of an existing railroad being part of Section 7 and Section 18, Township 6 South, Range 4 West of the Third Principal Meridian, Perry County, Illinois; Commencing at the Northeast corner of Section 18, Township 6 South, Range 4 West, Third Principal Meridian; thence run S 0° 52'24" W, along the East line of said Section 18, a distance of 2429.81 feet to a point, said point being the Point of Beginning for the herein described centerline of a 100 foot wide Right-of-Way, said point also being a point on a curve concave to the southwest, having a radius of 1432.69 feet, a central angle of 11° 25'15"; thence run along said centerline northwesterly along said curve a distance of 285.58 feet; thence run along said centerline N 43° 46'24" W, a distance of 785.09 feet; thence run along said centerline N 36° 59'18" W, a distance of 276.44 feet to the point of curvature of a curve, concave to the northeast, having a radius of 3229.09 feet a central angle of 11° 04'31"; thence run northwesterly along said curve and along said centerline, a distance of 624.18 feet; thence run along said centerline N 25° 05'56" W, a distance of 4805.37 feet to the point of curvature of a curve, concave to the southwest, having a radius of 944.15 feet a central angle of 73° 54'59"; thence run northwesterly along said curve and along said centerline, a distance of 1218.03 feet to the POINT OF ENDING being a point on the Southerly Right of Way line of Union Pacific Railroad, containing 15.43 acres, more or less, reference being had to Detail "2" on Sheet No. 4 of 8 of that Land Survey made by Cross Country Land Surveying and Engineering, Project No. 956.01, dated 9-26-2001, certified 9-27-2001, I.P.L.S. No. 35-00397. Subject to an easement for an existing private road crossing being 100 in width described as follows: Starting at the Northeast corner of Section 7, thence along the East line of said Section 7, S 00° 34'36" W, 1437 feet, thence due West 3704 feet more or less to the intersection of State Highway 150 (Cutler Road) and an existing railroad, thence along a curve to the right with a radius of 944.15 feet and a cord of S 43° 02'50" E for 100 feet, being the point of beginning, thence South along said radius 100 feet to the point of ending. Subject to an easement for a private road crossing on the Southernmost 200 feet of said tract for ingress and egress. PARCEL A: A parcel of land being part of the Southwest Quarter and part of the Northwest Quarter of Section 17, Township 6 South, Range 4 West of the Third Principal Meridian, in the County of Perry, State of Illinois, said parcel being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 17, being marked by an iron rod found; thence N 01° 18'13" E 66.69 feet, along the East line of said Quarter Section, to a point on the Northerly right-of-way line of an existing public road (Pyatt-Cutler Road); thence N 89° 19'58" W 40.74 feet, along said right-of-way line, to a point being the Point of Beginning for this description, said point being marked by an iron rod found; thence along said right-of-way line the following two (2) calls: thence N 89° 25'55" W 748.10 feet to a point; thence along a Curve to the Right, with Chord bearing N 77° 58'55" W 559.80 feet, a Radius of 1410.00 feet, and an Arc of 563.55 feet, to a point in the East line of the West Half of said Southwest Quarter, said point being marked by an iron rod set; thence S 00° 45'24" W 86.32 feet, along said East line, to an iron rod set in the South right-of-way line of said public road (Pyatt- Cutler Road); thence along said South
[November 28, 2001] 104 right-of-way line the following three (3) calls: thence along a Curve to the Right, with Chord bearing N 47° 04'38" W 1055.13 feet, a Radius of 1490.00 feet, and an Arc of 1078.52 feet, to a point; thence N 26° 20'26" W 1043.13 feet to a point; thence along a Curve to the Left, with Chord bearing N 30° 16'13" W 148.03 feet, a Radius of 1080.00 feet, and an Arc of 148.14 feet, to a point in the West line of said Southwest Quarter, being marked by an iron rod set; thence N 00° 52'24" E 808.44 feet, along said West line, passing an iron rod found at 124.66 feet, to the Southwest corner of the Northwest Quarter of said Section 17, being marked by an iron rod found; thence continuing N 00° 52'24" E 770.00 feet, along the West line of said Northwest Quarter, to an iron rod set; thence S 89° 11'13" E 2620.61 feet, departing from said West line, to a point in the West right-of-way line of an existing public road (Cutler-Trico Road), said point being marked by an iron rod set; thence S 00° 38'26" W 770.12 feet, along said right-of-way line, to a point in the South line of said Northwest Quarter; thence continuing S 00° 38'26" W 2590.04 feet, along said right-of-way line, to the Point of Beginning, containing 181.091 acres, more or less; All situated in the County of Perry, State of Illinois. PARCEL B: A parcel of land being part of the Southwest Quarter of Section 14, part of the South Half of Sections 15 and 16, and part of the Southeast Quarter of Section 17, all in Township 6 South, Range 4 West of the Third Principal Meridian, in the County of Perry, State of Illinois, said parcel being more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter of said Section 17, being marked by an iron rod found; thence S 89° 23'51" E 40.00 feet, along the South line of said Quarter Section, to an iron rod set at the intersection of the Southerly projection of the East right-of-way line of an existing public road (Cutler-Trico Road), said point being the Point of Beginning for this description; thence N 00° 38'26" E 1767.45 feet, along the East right-of-way line of Cutler-Trico Road, passing an iron rod found at 67.09 feet, to an iron rod found; thence along new lines the following thirty (30) calls: thence S 61° 25'28" E 296.37 feet to an iron rod set; thence S 41° 59'24" E 308.58 feet to an iron rod set; thence S 39° 23'40" E 674.62 feet to an iron rod set; thence S 60° 47'20" E 298.40 feet to an iron rod set; thence S 86° 54'33" E 722.50 feet to an iron rod set; thence N 89° 53'31" E 479.39 feet to an iron rod set; thence along a Curve to the Right, with Chord bearing S 87° 24'33" E 266.51 feet, a Radius of 2830.00 feet, and an Arc of 266.61 feet, to an iron rod set in the East line of said Section 17; thence S 84° 42'37" E 1372.21 feet to an iron rod set; thence S 81° 37'23" E 2261.32 feet, passing an iron rod set at 1235.66 feet in the West line of the Southeast Quarter of said Section 16, to an iron rod set; thence along a Curve to the Left, with Chord bearing S 89° 06'09" E 239.51 feet, a Radius of 920.00 feet, and an Arc of 240.19 feet, to an iron rod set; thence N 83° 25'05" E 620.13 feet to an iron rod set; thence S 88° 54'47" E 549.72 feet to an iron rod set; thence N 00° 38'26" E 738.49 feet to an iron rod set; thence S 89° 21'34" E 431.24 feet, passing an iron rod set at 172.94 feet in the West line of said Section 15, to an iron rod set; thence N 00° 38'26" E 760.23 feet to an iron rod set; thence S 89° 17'18" E 2622.46 feet, passing an iron rod set at 2397.61 feet in the West line of the Southeast Quarter of said section 15, to an iron rod set; thence S 00° 34'39" W 362.77 feet, passing an iron rod set at 322.76 feet, to an iron rod set; thence S 88° 36'42" E 136.02 feet to an iron rod set; thence S 67° 20'33" E 121.70 feet to an iron rod set; thence along a Curve to the Right, with Chord bearing S 39° 49'14" E 73.93 feet, a Radius of 80.00 feet, and an Arc of 76.86 feet, to an iron rod set; thence S 12° 17'56" E 178.28 feet to an iron rod set; thence along a Curve to the Left, with Chord bearing S 59° 56'19" E 177.34 feet, a Radius of 120.00 feet, and an Arc of 199.55 feet, to an iron rod set; thence
105 [November 28, 2001] N 72° 25'17" E 172.82 feet to an iron rod set; thence N 89° 41'25" E 249.44 feet to an iron rod set; thence along a Curve to the Right, with Chord bearing S 62° 14'39" E 291.70 feet, a Radius of 310.00 feet, and an Arc of 303.70 feet, to an iron rod set; thence S 34° 10'42" E 817.12 feet to an iron rod set; thence along a Curve to the Left, with Chord bearing S 61° 53'26" E 455.73 feet, a Radius of 490.00 feet, and an Arc length of 473.99 feet, to an iron rod set; thence S 89° 36'09" E 2559.68 feet, passing an iron rod set at 399.04 feet in the West line of said Section 14, to an iron rod set; thence S 44° 30'02" E 122.53 feet to an iron rod set; thence S 00° 36'06" W 91.96 feet to an iron rod set in the South line of the Southwest Quarter of said section 14; thence N 89° 23'51" W 2247.17 feet, along said South line, to an iron rod found at the Southeast corner of the Southeast Quarter of said Section 15; thence N 89° 23'51" W 2657.94 feet, along the South line of said Quarter Section, to an iron rod set at the Southeast corner of the Southwest Quarter of said Section 15; thence N 89° 23'51" W 2657.94 feet, along the South line of said Quarter Section, to an iron rod found at the Southeast corner of the Southeast Quarter of said Section 16; thence N 89° 23'51" W 2592.83 feet, along the South line of said Quarter Section, to the Southeast corner of the Southwest Quarter of said Section 16, being an iron rod set; thence N 89° 23'51" W 2592.83 feet, along the South line of said Quarter Section, to the Southeast corner of the Southeast Quarter of said Section 17, being an iron rod found; thence N 89° 23'51" W 2634.53 feet, along the South line of said Quarter Section, to the Point of Beginning, containing 287.977 acres, more or less; EXCEPTING therefrom a tract of land being part of the East Half of the Southwest Quarter of Section 15, Township 6 South, Range 4 West of the Third Principal Meridian, in the County of Perry, State of Illinois, said exception being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 15; thence N 89° 20'35" W 264.00 feet, along the North line of said Quarter-Quarter Section, to the Point of Beginning for this description; thence S 00° 34'39" W 31.72 feet to an iron rod set; thence N 89° 20'35" W 193.28 feet to an iron rod set; thence N 00° 34'39" E 130.72 feet to an iron rod set; thence S 89° 20'35" E 193.28 feet to an iron rod set; thence S 00° 34'39" W 99.00 feet to the Point of Beginning, said exception containing 0.580 acres, more or less, and consisting of land dedicated for cemetery purposes and adjoining land now used and necessary for the operation, maintenance and protection of said cemetery; Containing a net area of 287.397 acres, more or less, all situated in the County of Perry, State of Illinois. EASEMENT OVER ENTRANCE ROAD: A permanent, unobstructed, nonexclusive easement for ingress and egress to and from a public road for the benefit of the hereinbefore described PARCEL "B", over and across the following described tract: Part of the Southwest Quarter of Section 14 and part of the Southeast Quarter of Section 15, all in Township 6 South, Range 4 West of the Third Principal Meridian, in the County of Perry, State of Illinois, said tract being more particularly described as follows: Commencing at the Northwest corner of the Southeast Quarter of said Section 15; thence S 00° 34'39" W 790.00 feet along the West line of said Quarter Section to an iron rod set; thence S 89° 17'18" E 224.85 feet to an iron rod set; thence S 00° 34'39" W 322.76 feet to an iron rod set, said point being the Point of Beginning for this description; thence along new easement lines the following thirteen (13) calls: thence S 88° 36'42" E 144.10 feet to a point; thence S 67° 20'33" E 129.21 feet to a point; thence along a Curve to the Right, with Chord bearing S 39° 49'14" E 110.90 feet, a Radius of 120.00 feet, and an Arc of 115.28 feet, to a point; thence S 12° 17'56" E 178.28 feet to a point; thence along a Curve to the Left, with Chord bearing S 59° 56'19" E 118.23 feet, a Radius of
[November 28, 2001] 106 80.00 feet, and an Arc of 133.04 feet, to a point; thence N 72° 25'17" E 178.90 feet to a point; thence N 89° 41'25" E 268.94 feet to a point; thence along a Curve to the Right, with Chord bearing S 62° 14'39" E 348.16 feet, a Radius of 370.00 feet, and an Arc of 362.49 feet, to a point; thence S 34° 10'42" E 799.10 feet to a point; thence along a Curve to the Left, with Chord bearing S 61° 53'26" E 399.93 feet, a Radius of 430.00 feet, and an Arc length of 415.95 feet, to a point; thence S 89° 36'09" E 2586.13 feet to a point; thence S 44° 30'02" E 165.31 feet to a point; thence S 00° 36'06" W 116.87 feet to a point in the South line of the Southwest Quarter of said Section 14; thence N 89° 23'51" W 60.00 feet, along the South line of said Quarter Section, to the most Southeasterly corner of a 287.397 acre parcel hereinbefore described as PARCEL "B", being marked by an iron rod set; thence along the Easterly and Northerly lines of said PARCEL "B" the following fourteen (14) calls: thence N 00° 36'06" E 91.96 feet to an iron rod set; thence N 44° 30'02" W 122.53 feet to an iron rod set; thence N 89° 36'09" W 2559.68 feet, passing an iron rod at 2160.64 feet in the West line of the Southwest Quarter of said Section 14, to an iron rod set; thence along a Curve to the Right, with Chord bearing N 61° 53'26" W 455.73 feet, a Radius of 490.00 feet, and an Arc of 473.99 feet, to an iron rod set; thence N 34° 10'42" W 817.12 feet to an iron rod set; thence along a Curve to the Left, with Chord bearing N 62° 14'39" W 291.70 feet, a Radius of 310.00 feet, and an Arc of 303.70 feet, to an iron rod set; thence S 89° 41'25" W 249.44 feet to an iron rod set; thence S 72° 25'17" W 172.82 feet to an iron rod set; thence along a Curve to the Right, with Chord bearing N 59° 56'19" W 177.34 feet, a Radius of 120.00 feet, and an Arc of 199.55 feet, to an iron rod set; thence N 12° 17'56" W 178.28 feet to an iron rod set; thence along a Curve to the Left, with Chord bearing N 39° 49'14" W 73.93 feet, a Radius of 80.00 feet, and an Arc of 76.86 feet, to an iron rod set; thence N 67° 20'33" W 121.70 feet to an iron rod set; thence N 88° 36'42" W 136.02 feet to an iron rod set; thence N 00° 34'39" E 40.00 feet to the Point of Beginning, containing 6.712 acres, more or less; All situated in the County of Perry, State of Illinois. RESERVED RIGHTS: Reserving unto the State of Illinois, Department of Natural Resources, its successors and assigns, a permanent, unobstructed, nonexclusive easement for ingress and egress over and across the existing mine haul road running Northwesterly and Northerly across the hereinbefore described PARCEL "A", for the benefit of adjoining land now owned and being retained by the State of Illinois and being under the control and jurisdiction of said Department, said easement to be of sufficient width as determined by said Department, the approximate centerline of said haul road being shown by a Land Survey made by Shawnee Survey and Consulting, Inc., Job No. 2001-285; ALSO, Reserving unto the State of Illinois, Department of Natural Resources, its successors and assigns, a permanent, unobstructed, nonexclusive easement for ingress and egress to and from the cemetery tract excepted from the hereinbefore described PARCEL "B", said easement being for the benefit of said cemetery tract and to be used for its operation, maintenance, and protection and for visitation purposes, said easement running over and across the following described tract: Part of the East Half of the Southwest Quarter and part of the West Half of the Southeast Quarter of Section 15, Township 6 South, Range 4 West of the Third Principal Meridian, in the County of Perry, State of Illinois, said tract being more particularly described as follows: Commencing at the Northwest corner of the Southeast Quarter of said Section 15; thence S 00° 34'39" W 790.00 feet, along the West line of said Quarter Section, to an iron rod set; thence S 89° 17'18" E 224.85 feet to an iron rod set; thence S 00° 34'39" W 322.76 feet to
107 [November 28, 2001] an iron rod set at the Point of Beginning for this description; thence S 00° 34'39" W 40.00 feet to an iron rod set; thence along new easement lines the following five (5) calls: thence N 88° 36'42" W 458.90 feet to an iron rod set; thence S 00° 34'39" W 206.66 feet to an iron rod set; thence N 89° 20'35" W 30.00 feet to an iron rod set at the Southeast corner of a 0.580 acre cemetery tract excepted from the hereinbefore described PARCEL "B"; thence N 00° 34'39" E 130.72 feet, along the East line of said cemetery tract exception, to an iron rod set at the Northeast corner thereof; thence continuing N 00° 34'39" E 116.33 feet to an iron rod set; thence S 88° 36'42" E 488.90 feet to the Point of Beginning, containing 0.591 acres, more or less; All situated in the County of Perry, State of Illinois; ALSO, Reserving unto the State of Illinois, Department of Natural Resources, its successors and assigns, a permanent, unobstructed, nonexclusive easement for ingress and egress over and across the existing mine haul road running Westerly, Southerly, and Westerly across the hereinbefore described PARCEL "B", for the benefit of adjoining land now owned and being retained by the State of Illinois and being under the control and jurisdiction of said Department, said easement to be of sufficient width as determined by said Department, the approximate centerline of said haul road being shown by a Land Survey made by Shawnee Survey and Consulting, Inc., Job No. 2001-285; ALSO, Subject to existing public utilities, existing public roads, and any and all reservations, easements, encumbrances, covenants and restrictions of record. As full consideration for this conveyance, Perry County and all other units of local government in Perry County shall forgo $495,000 of the Community Planning Allowance grant to which they are entitled pursuant to Section 35 of the Illinois Open Land Trust Act. Section 960. The above described real property and improvements thereon may be utilized by Perry County, or any subsequent owner, for the following commercial uses: fertilizer storage and handling facilities, grain storage and handling facilities, warehouses and warehousing facilities, light manufacturing facilities, feed milling, not including soybean or corn processing, surface facilities for underground coal mines, railcar repair and dismantling facilities, vehicle maintenance and repair facilities, fish hatchery, storage of railcars, trucks and other vehicles, and general office uses. Light manufacturing is defined to include only the following uses or activities: small appliance, electronic and light metal fabrication, steel finishing, food processing, canneries, bakeries, bottling and packaging, vehicle parts, plastic products, furniture, woodworking and glass products, machine shops, building materials sales, wholesale establishments, wireless communications, distribution, recycling, asphalt and bituminous concrete mixing, and concrete mixing. Perry County, or any subsequent owner, may utilize the described real property and improvements thereon for the unloading or storage, or both, of the following commodities: all dry and liquid bulk commodities and materials, including, without limitation, coal, coke, petroleum coke, salt, sand, aggregate, ores and minerals, consumer and construction goods, containers and containerized materials, lumber and other forest products, and steel. Perry County, or any subsequent owner, shall obtain prior written approval from the Director of Natural Resources, which approval shall not be unreasonably withheld, for any and all other property uses and utilization not set forth above. Requests shall be granted or denied by the Director within 30 days from the date the written request is received. This restriction on use of the property shall run with the land.
[November 28, 2001] 108 Section 965. The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, the appropriate Sections containing the land descriptions of property to be transferred by the Director of Natural Resources or by the Department of Natural Resources, and this Section within 60 days after this Act's effective date and, upon receipt of payment required by the appropriate Sections, shall record the certified document in the Recorder's office in the county in which the land is located. Section 970. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized for the purpose of permitting Jubilee Township to relocate and improve Thousand Dollar Road, which goes through Jubilee College State Park, to exchange certain real property in Peoria County, Illinois, hereinafter referred to as Parcels 2 and 3, totaling .90 acres that is a part of Jubilee College State Park for certain real property of equal value in Peoria County, Illinois, owned by Jubilee Township of Peoria County, Illinois hereinafter referred to as Parcel 1, totaling 1.03 acres such parcels being described as follows: Jubilee Township of Peoria County, Illinois, a Body Politic and Corporate, with an address of 12807 North Princeville-Jubilee Road, Brimfield, Illinois 61517, in consideration of the trade and exchange of certain other tracts of real estate for the tract of real estate herein described and conveyed, and pursuant to authority given by the Board of Trustees of the said Township of Jubilee, shall convey and quit-claim, to the State of Illinois Department of Natural Resources, whose address is Lincoln Tower Plaza, 524 South Second Street, Springfield, Illinois 62701, all interest in and to the following described Real Estate to-wit: Parcel 1: A part of the Southeast Quarter of Section Twenty (20) and a part of the Southwest Quarter of Section Twenty-One (21), all in Jubilee Township, Township Ten (10) North, Range Six (6) East of the Fourth Principal Meridian, more particularly described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Southwest Quarter, said corner being 420.19 feet normal distance southwesterly from Station 95+87.92 on the proposed centerline of Thousand Dollar Road; thence North 89° 59'08" East along the north line of the Southwest Quarter of said Southwest Quarter, a distance of 475.58 feet to Station 92+37.13 on said centerline; thence on a curve concave to the southwest having a radius of 468.00 feet for an arc distance of 167.47 feet to Station 93+05.58 on said centerline, thence South 7l° 21'22" West, a distance of 62.03 feet to a point 62.03 feet normal distance southwesterly from Station 93+05.58 on said centerline as the Point of Beginning of the tract to be described; From the Point of Beginning, thence North 83° 14'00" West, a distance of 418.52 feet; thence North 01° 01'01" West, a distance of 647.43 feet to a point 25.00 feet normal distance westerly of Station 101+43.46 on said centerline; thence on a curve concave to the northeast, having a radius of 493.00 feet for an arc distance of 183.78 feet to a point 25.00 feet normal distance southwesterly from Station 99+69.00 on said centerline (chord of said arc bears South 16° 44'08" East for a distance of 182.72 feet); thence South 01° 01'01" West, a distance of 428.35 feet, thence South 83° 14'00" East, a distance of 355.99 feet to a point 55.68 feet normal distance from Station 93+66.41 on said centerline; thence South 15° 33'56" East, a distance of 53.51 feet to the Point of Beginning, containing 44,727.6 square feet, more or less, or 1.02 acres, more or less, situate, lying and being in the County of Peoria, and State of Illinois. Parcel Identification Number: (Part of) 07-21-200-003 and (Part of) 07-20-200-007; Parcel Address: Thousand Dollar Road, Brimfield, Illinois 61517; The Director of the State of Illinois Department of Natural Resources with an address of Lincoln Tower Plaza, 524 South Second Street,
109 [November 28, 2001] Springfield, Illinois 62701, in consideration of the trade and exchange of a certain other tract of real estate for the tracts of real estate herein described is authorized to convey and quit-claim deed to the Jubilee Township of Peoria County, Illinois a Body Politic and Corporate, with an address of 12807 North Princeville-Jubilee Road, Brimfield, Illinois 61517, the following described tracts of Real Estate, to-wit: Parcel 2: A part of the Southwest Quarter of Section Twenty-One (21) in Jubilee Township, Township Ten (10) North, Range Six (6) East of the Fourth Principal Meridian, more particularly described as follows: Commencing at the Northwest corner of the Southwest Quarter of said Southwest Quarter, said corner being 420.19 feet normal distance southwesterly from Station 95+87.92 on the proposed centerline of Thousand Dollar Road; thence North 89° 59'08" East along the North Line of said Southwest Quarter of the Southwest Quarter, a distance of 475.58 feet to Station 92+37.13 on said centerline; thence on a curve concave to the Southwest having a radius of 468.00 feet for an arc distance of 228.29 feet to Station 93+66.41 on said centerline; thence South 63° 54'35" West, a distance of 55.68 feet to a point on the proposed Southwesterly Right-of-Way line of said Road, and the Point of Beginning of the tract to be described (said point being 55.68 feet normal distance southwesterly from said Station 93+66.41); from the Point of Beginning, thence North 15° 33'55" West, a distance of 103.32 feet to a point being 25.00 feet normal distance Southwesterly from Station 94+74.69 on said centerline; thence on a curve concave to the southwest having a radius of 443.00 feet for an arc distance of 41.10 feet to a point 25.00 feet normal distant Southwesterly from Station 95+18.11 on said centerline, (chord of said arc bears North 42° 00'18" West a distance of 41.08 feet); thence North 44° 39'46" West, a distance of 310.01 feet to a point 25.00 feet normal distance Southwesterly from Station 98+28.12 on said centerline; thence on a curve concave to the northeast, having a radius of 493.00 feet, for an arc distance of 148.41 feet to a point 25.00 feet normal distance from Station 99+69.00 on said centerline (chord of said arc bears North 36° 02'20" West, a distance of 147.85 feet); thence North 01° 01'01" West, a distance of 183.93 feet to a point 25.00 feet normal distance Northeasterly from Station 101+47.33 on said centerline; thence on a curve concave to the Northeast, having a radius of 443.00 feet, for an arc distance of 302.16 feet, to a point 25.00 feet normal distance Northeasterly from Station 98+28.12 on said centerline (chord of said arc bears South 25° 07'21" E, a distance of 296.34 feet); thence South 44° 39'46" East, a distance of 310.01 feet to a point 25.00 feet Northeasterly from Station 95+18.11 on said centerline; thence on a curve concave to the Southwest, having a radius of 493.00 feet, for an arc distance of 210.33 feet to a point 25.00 feet Northeasterly from Station 94+00.25 on said centerline (chord of said arc bears South 32° 26'26" East, a distance of 208.74 feet); thence South 62° 36'21" East, a distance of 40.28 feet to a point 47.69 feet normal distance Northeasterly from Station 93+69.35 on said centerline; thence South 23° 11'41" East, a distance of 67.87 feet to a point 48.30 feet normal distance Northeasterly from Station 93+07.75 on said centerline; thence North 83° 14'00" West, a distance of 118.96 feet to the Point of Beginning, containing 38,324.18 square feet, more or less, or 0.879 acres, more or less, situate, lying, and being in the County of Peoria, and State of Illinois. Parcel 3: A part of the Southwest Quarter of Section Twenty-One (21) in Jubilee Township, Township Ten (10) North, Range Six (6) East of the Fourth Principal Meridian, more particularly described as follows: Commencing at the Northwest comer of the Southwest Quarter of said Southwest Quarter, said corner being 420.19 feet normal distance Southwesterly from Station 95+87.92 on the proposed centerline of Thousand Dollar Road; thence North 89° 59'08" East along the North Line of the Southwest Quarter of said Southwest
[November 28, 2001] 110 Quarter a distance of 475.58 feet to Station 92+37.13 on said centerline; thence South 89° 59'08" West, along said North Line, a distance of 25.43 feet to a point on the Westerly Right-of-Way line of Thousand Dollar Road as the Point of Beginning of the tract to be described, (said point being 25.00 feet normal distance Southwesterly from Station 92+41.91 on said centerline); from the Point of Beginning, thence on a curve concave to the Southwest having a radius of 443.00 feet for an arc distance of 42.84 feet to a point (chord of said arc bears North 13° 37'07" West, a distance of 42.83 feet), said point being 25.00 feet normal distance Southwesterly from Station 92+87.17 on said proposed centerline; thence South 83° 14'00" East, a distance of 12.58 feet to a point, said point being 13.41 feet Southwesterly from Station 92+82.08 on said proposed centerline; thence South 01° 51'35" West, a distance of 40.16 feet to a point on said North Line of the Southwest Quarter of said Southwest Quarter, said point being 23.92 feet normal distance Southwesterly from Station 92+41.69 on said centerline; thence South 89° 59'08" West along the North Line of the Southwest Quarter of said Southwest Quarter, a distance of 1.10 feet to the Point of Beginning, containing 259.4 square feet, more or less, situate, lying, and being in the County of Peoria, and State of Illinois; Parcel Identification Number: (Part of) 07-21-200-003; Parcel Address: Thousand Dollar Road, Brimfield, Illinois 61517; Whereas, this transaction will be to the mutual advantage of both parties, each party shall be responsible for any and all title costs associated with their respective properties. Section 975. The Department of Central Management Services is authorized to reconvey by quitclaim deed, imposing upon the grantee, and its successors and assigns, an obligation to maintain the property's facade and releasing the restrictions authorized by the quitclaim deed issued in accordance with P.A. 85-1284 previously quitclaiming the State's interest in the property known as the Singer Mansion to the Centers for New Horizons, Inc. The release of the restrictions and imposition of the covenant to maintain the property's facade will be based on a payment of $150,000.00 for the property. The payment is based on the appraisals of the property, the expenses incurred by the Centers for New Horizons for maintaining the property and the covenant running with the land respecting maintenance of the property's facade. Upon the agreed to payment to the Department of Central Management Services, the Director of the Department of Central Management Services is authorized to reconvey the following described real estate commonly known as the Singer Mansion located at 4545 South Drexel Boulevard, Chicago, Illinois (the "Property"): Lot 10 (except the west 60 feet and the east 9 feet thereof) in Block 5 of Walker and Stinson's Subdivision of the West half of the South West quarter of Section 2, Township 38 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. Section 980. The Director of Central Management Services shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, Section 5, and this Section within 60 days of its effective date and, upon receipt of the payment required by this Section, shall provide the quitclaim deed as aforesaid to the Centers for New Horizons, Inc. for recording by the Cook County Recorder of Deeds. Section 985. The right-of-way acquired by the People of the State of Illinois is released over and through the following described land in Montgomery County, Illinois to Ariston Cafe, Inc. A part of the West Half (W 1/2) of the Southeast Quarter (SE 1/4)
111 [November 28, 2001] of Section Thirty-two (32), Township Nine (9) North, Range Five (5) West of the Third Principal Meridian and a part of Lots Eight (8) and Nine (9) in Sunset Park Subdivision to Litchfield, all in Montgomery County, Illinois, and described as follows: Commencing at the Northwest corner of Lot Seven (7) in said Sunset Park Subdivision; thence along the existing Easterly right of way line of Federal Aid Route 5 (also known as US Route 66) on a curve to the left having a radius of 14,215.42 feet, a distance of 60.00 feet to a point being 124.74 left of FA Route 5 centerline Station 685+47.70, also being the point of beginning; thence South 88° 28' 06" East 49.74 feet to a point 75.00 feet left of Station 685+47.80; thence along a curve to the left having a radius of 14,265.42 feet, a distance of 131.71 feet to a point 75.00 feet left of Station 686+80.20; thence North 88° 59' 51" West 50.00 feet to a point 125.00 feet left of Station 686+80.10; thence along the existing Easterly right of way line of FA Route 5, on a curve to the right having a radius of 14,215.42 feet, a distance of 131.25 feet to the point of beginning, containing 0.151 acres, more or less.". Submitted on Novemer 28, 2001. s/Sen. Laura Kent Donahue s/Rep. Charles Hartke s/Sen. Dick Klemm s/Rep. Daniel Burke s/Sen. Doris Karpiel s/Rep. Barbara Flynn Currie s/Sen. Robert Molaro Rep. Art Tenhouse s/Sen. Vince Demuzio Rep. Brent Hassert Committee for the Senate Committee for the House AGREED RESOLUTION The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 550 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 Frederick Jaffe recently fulfilled the requirements for qualification as a Fellow of the American Society of Consultant Pharmacists; and WHEREAS, The American Society of Consultant Pharmacists Fellowship is a special honor bestowed upon pharmacists who meet the highest standards in Senior Care Pharmacy and have demonstrated an extraordinary level of service in professional practice activities; and WHEREAS, A Fellow of the Society must fulfill rigorous criteria established by the American Society of Consultant Pharmacists Board of Directors; a Fellow must demonstrate dedication and achievement in professional activities, educational activities, professional innovation, advocacy and civic activities; an American Society of Consultant Pharmacists Fellow has made a commitment to go above and beyond the traditional pharmacy practice by distinguishing themselves through exemplary service and contributions to the practice of senior care pharmacy and to society; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Frederick Jaffe on his recent induction as a Fellow of the American Society of Consultant Pharmacists; and be it further RESOLVED, That a suitable copy of this resolution be presented to Frederick Jaffe as an expression of our esteem. HOUSE RESOLUTION 551
[November 28, 2001] 112 Offered by Representative Burke: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Gale Cincotta, who recently passed away; and WHEREAS, Gale Cincotta was a plainspoken mother of six who became a neighborhood activist who went on to help ignite the national debate over bank lending policies that discriminated against minority home buyers; and WHEREAS, Gale Angeles was born on December 28, 1929 in Chicago, Illinois; she achieved fame for her spirited fights for the residents of the Austin neighborhood on Chicago's West Side; and WHEREAS, Ms. Cincotta began her political career as an activist against school crowding in the 1960s; by the late 1960s she became president of the Organization for a better Austin and undertook other concerns, including fighting real estate agents' encouragement of panic selling by homeowners as minorities began looking for homes; and WHEREAS, Ms. Cincotta moved on to national issues, especially her challenge to the banking industry and the federal bureaucracy over the practice of refusing to lend to residents of minority neighborhoods, or redlining; in 2000, she successfully lobbied for a Chicago ordinance to ban predatory lending which included offering high mortgage rates and other confiscatory financial terms to minority members and the poor that often resulted in the loss of homes and foreclosures; and WHEREAS, People in other cities began turning to Ms. Cincotta and her colleagues for advice; as a result, she became head of National People's Action, a network of 30 groups from 100 cities; the group successfully pressed Congress to pass the Home Mortgage Disclosure Act of 1975, which requires lending institutions to disclose where they make home loans and persuaded Congress to pass the Community Reinvestment Act of 1977 which required banks to invest in neighborhoods where they did business; and WHEREAS, In addition, National People's Action, along with other neighborhood groups, persuaded three large Chicago banks to commit themselves to making $173 million in low-interest loans for housing and industrial development in poor neighborhoods; and WHEREAS, The passing of Gale Cincotta will be deeply felt by all who knew and loved her, especially her sons; her grandchildren; and her great-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 her, the death of Gale Cincotta of Oak Park, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Gale Cincotta with our sincere condolences. HOUSE RESOLUTION 552 Offered by Representative Madigan: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize the accomplishments of the citizens of Illinois; and WHEREAS, It has come to our attention that Steven M. Powell, Secretary-Treasurer of Local 881 of the United Food and Commercial Workers International Union was recently awarded the prestigious "Rerum Novarum" Award by His Eminence Francis Cardinal George, the Archbishop of Chicago; and WHEREAS, The "Rerum Novarum", written by Pope Leo XIII in 1891 at the dawn of the American Labor Movement, affirmed the dignity of workers and legitimized the vital role of emerging labor unions to spur a just society; and WHEREAS, The "Rerum Novarum" became the foundation for the advancement of organized labor in the United States and around the World; and WHEREAS, The "Rerum Novarum" called on the clergy of the Roman Catholic Church to support the goals of organized labor in securing respect for workers; and
113 [November 28, 2001] WHEREAS, Steven M. Powell has dedicated his professional life to ensuring the rights and dignity of all workers are upheld; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Steven M. Powell on being awarded the 2001 "Rerum Novarum"; and be it further RESOLVED, That a suitable copy of this resolution be presented to Steven M. Powell as an expression of our esteem. HOUSE RESOLUTION 553 Offered by Representative Currie: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Glen Mary Gibson, who passed away on November 1, 2001; and WHEREAS, Glen Mary Gibson was born on February 27, 1912 in Elizabeth Town, Kentucky; she was one of two children born to Dora Kelly; and WHEREAS, While working as a waitress at the B&O Railroad Station in Chicago, Illinois, Glen Mary met Luther E. Gibson and they were later married on August 18, 1947; and WHEREAS, Mrs. Gibson was a faithful employee of United Airlines for ten years; after retiring from United Airlines; she then worked for Mr. E.M. Bakwin until her passing; and WHEREAS, The passing of Glen Mary Gibson will be deeply felt by all who knew and loved her, especially her husband of more than 50 years, Luther E. Gibson; her daughter, Yolanda C. Harrell (Kenneth); her granddaughters, Shanae, Abrina (Karl), Kisha, Karen, and Marri; her great-grandson, Tyler Lee; her nieces and nephews, Juliet Coles-Rowland, Llewellyn Coles (Carolyn), Robert Coles III (Linda), Caroline Coles-Pate (Arthur Clark Jr.), and Deborah Stinson; her grandnieces and grandnephews, Cassandra Coles, Kristi Rowland, Robert Owens, Jr. (Amy), Tiffany Coles, James Rowland III, Robert Coles IV (Mahogany), Kenneth Stinson, Camille Coles, Roepay Pate, Tonya Coles, and Kelley Stinson; her sister-in-law, Sarah Power; and a host of other family and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Glen Mary Gibson of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Glen Mary Gibson with our sincere condolences. HOUSE RESOLUTION 554 Offered by Representative O'Brien: 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 Dr. Hugo C. Avalos, who came to the Morris area 42 years ago to practice medicine, is retiring from his duties at the Allen Medical Center in Morris, Illinois on December 31, 2001; and WHEREAS, Dr. Avalos came from a military family in Mexico City, Mexico; before embarking on his medical career, Dr. Avalos was a body builder and an actor appearing in movies; and WHEREAS, Dr. Avalos received his medical degree in family practice and surgery from the University of Mexico in Mexico City, Mexico and had a rotating internship at Little Company of Mary Hospital in Chicago; he has attended medical seminars in Europe, Latin America, Asia, and the Middle East and is board certified in English, Spanish, and German; and WHEREAS, Dr. Avalos is a member of the American Medical Association, the Illinois State Medical Society, the Will-Grundy County Medical Society, and the Physicians Organization of Morris Hospital; and
[November 28, 2001] 114 WHEREAS, Dr. Avalos's honors and affiliations include: Director at Grundy County Bank in Morris since 1981; team physician for Morris Community High School for more than 30 years; past president and member of the Board of Trustees of Morris Hospital; past president of Rotary International in Morris; Ship's Doctor and Officer for Epirotiki Lines; Medical Director of Walnut Grove Retirement Center; the Union League Club of Chicago; Morris Country Club; the Shriners; and the Moose; and WHEREAS, Dr. Avalos's greatest joys are his wife, Mary, his children, Diana (Michael) Dummitt, Karen (James) Tullman, and Hugo Avalos, Jr., and his grandchildren, Nathan, Stephanie, Joseph, John, William, and Christopher; and WHEREAS, Dr. Avalos speaks fondly of his wedding day in the early hours of the morning and battling the extreme heat of the day in the jungles of Mexico; he also enjoys visiting his children; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Hugo C. Avalos on his retirement and wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Hugo C. Avalos as an expression of our esteem. HOUSE RESOLUTION 555 Offered by Representative Colvin: WHEREAS, The members of the Illinois House of Representatives wish to express our sincere condolences to the family and friends of Walter James Triche, Sr., who passed away on October 7, 2001; and WHEREAS, Walter James Triche, Sr. was born on July 11, 1921 in New Orleans, Louisiana to Joseph and Carmen Triche; he married Dove Howard on January 30, 1941; and WHEREAS, Mr. Triche attended Carter Elementary School and graduated from Englewood High School, where he was identified as one who was most likely to succeed; and WHEREAS, Mr. Triche was a diligent worker who never seemed to tire while accomplishing his goals; he retired in 1992 from his duties as a probation officer; and WHEREAS, Mr. Triche served his community for 33 years as a precinct captain for the 8th Ward Regular Democratic Organization; and WHEREAS, Mr. Triche became a faithful member of the Power Circle Congregation in 1997; and WHEREAS, Mr. Triche enjoyed music, especially jazz, and loved to dance; and WHEREAS, The passing of Walter J. Triche, Sr. will be deeply felt by all who knew and loved him, especially his wife of 60 years, Dove; his children, Sandra (husband, John) Cooke, Jacqueline (husband, David) Atkins, Walter (wife, Patricia) Triche, Jr., Maurice (wife, Shirley) Triche, Carmen Kimberly, and Shana Triche; his grandchildren, Dowan, Ronald (wife, Marjorie), and Chaunda Lynn Triche, John Jr. (wife, April), Gregory, and Kristen Cooke, Sharif and Makeba Atkins, Jihan, Yusef and Walter III Triche, and Kamila and Kayla Triche; his great-grandchildren, Dowan, Jr., Tyra, Kendall, Ronald III, David, Dawn, Keisha, and Akela Triche and Gabrielle Cooke; his aunt, Etta Tyler; and a host of nieces, nephews, and friends; 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 Walter James Triche, Sr. of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Walter James Triche, Sr. with our sincere condolences. HOUSE RESOLUTION 557 Offered by Representative Jefferson: WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and
115 [November 28, 2001] WHEREAS, It has come to our attention that Victoria Earlene Burten Jefferson, the mother of State Representative Charles E. Jefferson, is celebrating the 80th anniversary of her birth; and WHEREAS, Victoria Earlene Burten was born on November 24, 1921, in Waco, Texas, to Alex Joshua Burten and Zollie Mae Burten; and WHEREAS, Victoria Burten married Lee Andrew Jefferson on January 15, 1938; and WHEREAS, Mrs. Jefferson is the proud mother of eleven children, Lee A. Jr., Joyce A., Robert E., Charles E., Kenneth J., Linda L., Frank J., Dorthy S., Patsy J., Amie S., and Karen R.; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Victoria Earlene Burten Jefferson on the occasion of her 80th 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 Victoria Earlene Burten Jefferson as an expression of our respect and esteem. HOUSE RESOLUTION 558 Offered by Representatives Erwin - Madigan - Daniels and All Other Members of the House: WHEREAS, The tragic events of the September 11, 2001, terrorist attacks in New York, Virginia, and Pennsylvania saddened Illinois and the nation; and WHEREAS, Many of the sons and daughters of Illinois lost their lives due to these brutal actions, most particularly the 176 men and women of one of Illinois' most outstanding businesses, Aon Corporation, the third largest loss of life of any company housed in the New York World Trade Center; and WHEREAS, Aon Corporation is the second largest insurance broker in the nation, employing 51,000 worldwide in 550 offices in more than 120 countries with its world headquarters in Chicago's Aon Center on East Randolph Street, and serving as one of Illinois' most generous and supportive corporate citizens; and WHEREAS, Aon's leadership in Chairman and CEO Patrick G. Ryan and President and COO Michael D. O'Halleran, have led the company's rise as a world leader in risk management, insurance underwriting, reinsurance, and human capital consulting; and WHEREAS, Both Patrick G. Ryan and Michael D. O'Halleran employed the same proactive commitment in the healing and rebuilding of Aon's World Trade Center-based business, resuming normal business operations within 24 hours of the terrorist attacks, using an amazing combination of personal leadership, skill and strategic data re-routing; and WHEREAS, Aon and its leadership committed an extraordinary amount of resources, energy and time to personally assisting the 176 Aon families directly impacted by the September 11, 2001, terrorist attack at Aon's World Trade Center office, as well as other employees and families affected, setting up trust funds, counseling and other critical and compassionate services; and WHEREAS, Our state and nation grieve the loss of life of all the victims of terrorism and recommit ourselves to the strong and traditional American values of excellence, understanding, ingenuity and compassion; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we, first and foremost, extend our deepest sympathy to the entire Aon family for the loss of its valued family members and colleagues; and be it further RESOLVED, That the members of the Illinois House of Representatives deeply appreciates the leadership, commitment and generosity in times of both great success and sorrow of Aon Corporation Chairman and CEO Patrick G. Ryan and President and COO Michael D. O'Halleran; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Aon Corporation, Patrick G. Ryan and Michael D. O'Halleran as a
[November 28, 2001] 116 lasting symbol of our appreciation, support and sympathy for their outstanding leadership for the United States, Illinois and the insurance industry. HOUSE RESOLUTION 560 Offered by Representative Osterman: WHEREAS, It has come to the attention of the Illinois House of Representatives that St. Andrew's Greek Orthodox Church in Chicago is celebrating seventy-five years in the service of the Lord on December 2, 2001; and WHEREAS, St. Andrew's Greek Orthodox Church is named for St. Andrew, the first-called Apostle, who showed his genuine faith in actions throughout his discipleship; and WHEREAS, St. Andrew's Greek Orthodox Church was established in 1926 on the corner of Winthrop and Hollywood in Chicago, Illinois; the first service at the Sheridan Road church took place 45 years ago on November 25; and WHEREAS, St. Andrew's Greek Orthodox Church operates an after school program and catechetical Sunday School and opens its doors for many community programs; in addition, St. Andrew's Greek Orthodox Church works closely with Hollywood House to bring joy and service to the senior citizens of the community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate St. Andrew's Greek Orthodox Church on the celebration of its 75th anniversary; may it continue to provide guidance to the community for many years to come; and be it further RESOLVED, That suitable copies of this resolution be presented to the Reverend Sakellarios Michael H. Kontos, Jr. Proistamenos and the Reverend Protopresbyter John G. Kutulas, Proistamenos Emeritus as an expression of our esteem. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 556 Offered by Representative Joseph Lyons: WHEREAS, In the wake of the September 11, 2001 attacks on our nation, all Americans have been forced to reevaluate the safety and security of our communities; and WHEREAS, The State of Illinois has had strong anti-terrorism initiatives in place for some time, but the new era America has now entered requires that we do much more; and WHEREAS, The Illinois General Assembly applauds Congress for acting on an expedited and bipartisan basis to pass the $40 billion Emergency Supplemental Appropriation to speed our nation's recovery; and WHEREAS, While many proposals are being discussed in Congress to provide additional resources to address terrorism concerns, it is crucial that these resources are allocated not just at the federal and state government level, but that a fair portion also be allocated directly to the local governments to provide relief from all types of catastrophic events; and WHEREAS, As "first responders" in the event of terrorist attacks and other catastrophic events, local governments are, in a very real sense, on the front lines of our nation's defense and disaster readiness; and WHEREAS, In case of a local catastrophe from numerous tornado touchdowns that occur every year within the State of Illinois or a major earthquake originating from the New Madrid Fault in southern Illinois, the closest FEMA Urban Search and Rescue Team is located outside of our state; and
117 [November 28, 2001] WHEREAS, Congressional assistance to local governments should be distributed in as direct, expedited and flexible a manner as possible, either through existing distribution systems, such as the Federal Emergency Management Agency (FEMA), or through the creation of a block grant program directly for cities; and WHEREAS, While the Illinois General Assembly is proud of and has every confidence in its Police Departments, Fire Departments and Department of Public Health, these departments could benefit from enhanced resources to enable them to better protect the citizens of the State; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the United States to pass important and much-needed legislation allocating funding locally to help combat the scourge of terrorism; and be it further RESOLVED, That FEMA approve an Urban Search and Rescue Team to be located within the State of Illinois; and be it further RESOLVED, That the United States Congress appropriate funds by which a FEMA Urban Search and Rescue Team could be located within the State of Illinois; and be it further RESOLVED, That suitable copies of this resolution be presented to the Illinois Delegation to the United States Congress as a sign of our dedication to and support of this important issue. HOUSE RESOLUTION 559 Offered by Representative John Jones: WHEREAS, The long-term aviation infrastructure needs of Northeastern Illinois and the current airport capacity shortage in that region have been and continue to be the subject of much public attention; and WHEREAS, Merrill C. Meigs Field annually handles approximately 40,000 flights, generates substantial business, convention, and tourism activity for the region, serves a valuable public safety role related to air-sea and high-rise rescues, emergency medical transport, and disaster relief, helps control the airspace over downtown Chicago, and acts to relieve congestion at Midway and O'Hare International airports; and WHEREAS, numerous aviation and business organizations have expressed their support for keeping Meigs Field permanently open, including the Air Line Pilots Association, the Aircraft Electronics Association, the Aircraft Owners and Pilots Association, AirLifeLine Midwest, the Chicago Area Business Aviation Association, Local 2 of the Chicago Firefighters Union, the Civic Committee of the Commercial Club of Chicago, the Experimental Aircraft Association, the Friends of Meigs Field, the General Aviation Manufacturers Association, Helicopter Association International, the Illinois Association of Air and Critical Care Transport, the Illinois Aviation Trades Association, the Illinois Manufacturers Association, the Illinois Pilots Association, the Illinois State Chamber of Commerce, the International Council of Air Shows, the Michigan State Bureau of Aeronautics, the National Aeronautic Association, the National Agricultural Aviation Association, the National Air Traffic Controllers Association, the National Air Transport Association, the National Association of State Aviation Officials, the National Business Aviation Association, the Professional Aviation Maintenance Association, the Small Aircraft Manufacturers Association, Tuskegee Airmen Inc., the Chicago "DODO" Chapter, the United States Pilots Association, and Wisconsin Manufacturers and Commerce; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY- SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we respectfully encourage the Governor and the Mayor of Chicago to keep Meigs Field permanently open as part of their final negotiated aviation infrastructure plan for the Chicagoland region; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Governor and the Mayor of Chicago.
[November 28, 2001] 118 RESOLUTIONS HOUSE RESOLUTION 547 was taken up for consideration. Representative McCarthy moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 541 was taken up for consideration. Representative Saviano moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Pursuant to the Motion submitted previously, Representative Hamos moved that the House concur with the Senate in the acceptance of the Governor's Specific Recommendations for Change to SENATE BILL 647, by adoption of the following amendment: AMENDMENT TO SENATE BILL 647 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 647 as follows: on page 1, line 28, by inserting before the period the following: "or when the alcohol concentration in the person's blood or breath is 0.04 or more based on the definition of blood and breath units contained in Section 11-501.2 of the Illinois Vehicle Code"; and on page 1, line 29, by replacing "or act as a crew member of" with "
119 [November 28, 2001] families of persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks. The Department of Military Affairs shall establish eligibility criteria for the grants by rule. Section 10. The State Finance Act is amended by adding Section 5.570 as follows: (30 ILCS 105/5.570 new) Sec. 5.570. The Illinois Military Family Relief Fund. Section 15. The Illinois Income Tax Act is amended by changing Sections 509 and 510 and by adding Section 507X as follows: (35 ILCS 5/507X new) Sec. 507X. The Illinois Military Family Relief checkoff. Beginning with taxable years ending on or after December 31, 2002, the Department shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Military Family Relief Fund, as authorized by this amendatory Act of the 92nd General Assembly, he or she may do so by stating the amount of the contribution (not less than $1) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly. This Section shall not apply to any amended return. (35 ILCS 5/509) (from Ch. 120, par. 5-509) (Text of Section before amendment by P.A. 92-84) Sec. 509. Tax checkoff explanations. All individual income tax return forms shall contain appropriate explanations and spaces to enable the taxpayers to designate contributions to the Child Abuse Prevention Fund, to the Community Health Center Care Fund, to the Illinois Wildlife Preservation Fund as required by the Illinois Non-Game Wildlife Protection Act, to the Alzheimer's Disease Research Fund as required by the Alzheimer's Disease Research Act, to the Assistance to the Homeless Fund as required by this Act, to the Heritage Preservation Fund as required by the Heritage Preservation Act, to the Child Care Expansion Program Fund as required by the Child Care Expansion Program Act, to the Ryan White AIDS Victims Assistance Fund, to the Assistive Technology for Persons with Disabilities Fund, to the Domestic Violence Shelter and Service Fund, to the United States Olympians Assistance Fund, to the Youth Drug Abuse Prevention Fund, to the Persian Gulf Conflict Veterans Fund, to the Literacy Advancement Fund, to the Ryan White Pediatric and Adult AIDS Fund, to the Illinois Special Olympics Checkoff Fund, to the Penny Severns Breast and Cervical Cancer Research Fund, to the Korean War Memorial Fund, to the Heart Disease Treatment and Prevention Fund, to the Hemophilia Treatment Fund, to the Mental Health Research Fund, to the Children's Cancer Fund, to the American Diabetes Association Fund, to the National World War II Memorial Fund, to the Prostate Cancer Research Fund, to the Korean War Veterans National Museum and Library Fund, to the Illinois Military Family Relief Fund, and to the Meals on Wheels Fund. Each form shall contain a statement that the contributions will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly. If, on October 1 of any year, the total contributions to any one of the funds made under this Section do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer. (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99; 91-357, eff. 7-29-99; 91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-198, eff. 8-1-01.) (Text of Section after amendment by P.A. 92-84) Sec. 509. Tax checkoff explanations. All individual income tax return forms shall contain appropriate explanations and spaces to
[November 28, 2001] 120 enable the taxpayers to designate contributions to the Child Abuse Prevention Fund, to the Illinois Wildlife Preservation Fund as required by the Illinois Non-Game Wildlife Protection Act, to the Alzheimer's Disease Research Fund as required by the Alzheimer's Disease Research Act, to the Assistance to the Homeless Fund as required by this Act, to the Penny Severns Breast and Cervical Cancer Research Fund, to the National World War II Memorial Fund,
121 [November 28, 2001] changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed; and the bill, as amended, was advanced to the order of Third Reading. HOUSE 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 Boland, HOUSE BILL 2742 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 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. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Persico, SENATE BILL 694 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 1, Nays; 1, Answering Present. (ROLL CALL 5) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. RESOLUTIONS HOUSE RESOLUTION 546 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Moore, SENATE BILL 88 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:
[November 28, 2001] 122 94, Yeas; 21, Nays; 1, 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. SENATE BILLS ON SECOND READING SENATE BILL 151. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 151 AMENDMENT NO. 1. Amend Senate Bill 151 after the end of Section 5, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". Representative Holbrook offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 151 AMENDMENT NO. 2. Amend Senate Bill 151, AS AMENDED, by replacing the title with the following: "AN ACT in relation to public aid."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Aid Code is amended by adding Section 5-5.22 as follows: (305 ILCS 5/5-5.22 new) Sec. 5-5.22. Nursing homes; inspections of care. With respect to facilities licensed under the Nursing Home Care Act, the Department of Public Aid may not initiate or reinstate inspections of care before July 1, 2003. Nothing in this Section, however, prohibits a facility from requesting, nor the Department from conducting, an interim inspection of care if the facility meets the requirements outlined in the Department's rules in effect on November 15, 2001. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was held on the order of Second Reading. Having been printed, the following bill was taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILL 1269. RECESS At the hour of 3:01 o'clock p.m., Speaker Madigan moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 5:00 o'clock p.m., the House resumed its session. Speaker Madigan in the Chair.
123 [November 28, 2001] DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 5:00 o'clock p.m. SENATE BILLS ON SECOND READING SENATE BILL 1174. Having been read by title a second time on earlier today, and held on the order of Second Reading, the same was again taken up. Representative Hannig offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1174 AMENDMENT NO. 2. Amend Senate Bill 1174, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The State Employees Group Insurance Act of 1971 is amended by changing Sections 6.5 and 6.6 as follows: (5 ILCS 375/6.5) (Section scheduled to be repealed on July 1, 2004) Sec. 6.5. Health benefits for TRS benefit recipients and TRS dependent beneficiaries. (a) Purpose. It is the purpose of this amendatory Act of 1995 to transfer the administration of the program of health benefits established for benefit recipients and their dependent beneficiaries under Article 16 of the Illinois Pension Code to the Department of Central Management Services. (b) Transition provisions. The Board of Trustees of the Teachers' Retirement System shall continue to administer the health benefit program established under Article 16 of the Illinois Pension Code through December 31, 1995. Beginning January 1, 1996, the Department of Central Management Services shall be responsible for administering a program of health benefits for TRS benefit recipients and TRS dependent beneficiaries under this Section. The Department of Central Management Services and the Teachers' Retirement System shall cooperate in this endeavor and shall coordinate their activities so as to ensure a smooth transition and uninterrupted health benefit coverage. (c) Eligibility. All persons who were enrolled in the Article 16 program at the time of the transfer shall be eligible to participate in the program established under this Section without any interruption or delay in coverage or limitation as to pre-existing medical conditions. Eligibility to participate shall be determined by the Teachers' Retirement System. Eligibility information shall be communicated to the Department of Central Management Services in a format acceptable to the Department. (d) Coverage. The level of health benefits provided under this Section shall be similar to the level of benefits provided by the program previously established under Article 16 of the Illinois Pension Code. Group life insurance benefits are not included in the benefits to be provided to TRS benefit recipients and TRS dependent beneficiaries under this Act. The program of health benefits under this Section may include any or all of the benefit limitations, including but not limited to a reduction in benefits based on eligibility for federal medicare benefits, that are provided under subsection (a) of Section 6 of this Act for other health benefit programs under this Act. (e) Insurance rates and premiums. The Director shall determine the insurance rates and premiums for TRS benefit recipients and TRS dependent beneficiaries, and shall present to the Teachers' Retirement System of the State of Illinois, by April 15 of each calendar year, the rate-setting methodology (including but not limited to utilization levels and costs) used to determine the amount of the health care
[November 28, 2001] 124 premiums. For Fiscal Year 1996, the premium shall be equal to the premium actually charged in Fiscal Year 1995;
125 [November 28, 2001] recipients (as defined in Sections 16-153.1 and 16-153.3 of the Illinois Pension Code) who are enrolled in the Article 16 health benefit program and to facilitate the transfer of administration of the health benefit program to the Department of Central Management Services. (g) Contract for benefits. The Director shall by contract, self-insurance, or otherwise make available the program of health benefits for TRS benefit recipients and their TRS dependent beneficiaries that is provided for in this Section. The contract or other arrangement for the provision of these health benefits shall be on terms deemed by the Director to be in the best interest of the State of Illinois and the TRS benefit recipients based on, but not limited to, such criteria as administrative cost, service capabilities of the carrier or other contractor, and the costs of the benefits. (h) Continuation and termination of program. It is the intention of the General Assembly that the program of health benefits provided under this Section be maintained on an ongoing, affordable basis through June 30, 2004. The program of health benefits provided under this Section is terminated on July 1, 2004. The program of health benefits provided under this Section may be amended by the State and is not intended to be a pension or retirement benefit subject to protection under Article XIII, Section 5 of the Illinois Constitution. (i) Repeal. This Section is repealed on July 1, 2004. (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95.) (5 ILCS 375/6.6) (Section scheduled to be repealed on July 1, 2004) Sec. 6.6. Contributions to the Teacher Health Insurance Security Fund. (a) Beginning July 1, 1995, all active contributors of the Teachers' Retirement System (established under Article 16 of the Illinois Pension Code) who are not employees of a department as defined in Section 3 of this Act shall make contributions toward the cost of annuitant and survivor health benefits. These contributions shall be at the following rates: until January 1, 2002,
[November 28, 2001] 126 annuitant and survivor health benefits. These contributions shall be computed as follows: (1) Beginning January 1, 2002 through June 30, 2003, the employer contribution shall be equal to 0.4% of each teacher's salary. (2) Beginning July 1, 2003, the employer contribution shall be equal to 0.5% of each teacher's salary. These contributions shall be paid by the employer to the System as service agent for the Department of Central Management Services. The System may use the same processes for collecting the contributions required by this subsection that it uses to collect contributions received from school districts and other covered employers under the Illinois Pension Code. The school district or other employing unit may pay these employer contributions out of any source of funding available for that purpose and shall forward the contributions to the System on the schedule established for the payment of member contributions. (b) The Teachers' Retirement System shall promptly deposit all moneys collected under subsections
127 [November 28, 2001] (3) Three members appointed by the Speaker of the House of Representatives. (4) Three members appointed by the Minority Leader of the House of Representatives. (5) One member appointed by the Illinois Retired Teachers Association. (6) One member appointed by the Illinois Education Association. (7) One member appointed by the Illinois Federation of Teachers. (8) One member appointed by the Illinois Association of School Boards. (9) One member appointed by the Illinois Association of School Administrators. (10) One member appointed by the Illinois Association of School Business Officials. (11) Three members appointed by the Governor, including one who has experience in the insurance industry. (12) The Director of Central Management Services, ex officio, or a person designated by the Director. (13) The Executive Director of the Teachers' Retirement System of Illinois, ex officio, or a person designated by the Executive Director. Entities making appointments shall do so by filing their respective designations, in writing, with the Director of Central Management Services. One of the members appointed by the Governor shall serve as the Chair of the Task Force. (b) The Task Force shall convene on December 1, 2001 and thereafter meet at the call of the chair. Members of the Task Force shall not be compensated for their service. (c) The Task Force shall study the funding of the Teacher Health Insurance Security Fund and the health benefit programs that receive funding from that Fund. The Task Force shall report its findings and recommendations to the Governor and the General Assembly on or before April 1, 2002. (d) The Task Force is abolished and this Section is repealed on July 1, 2002. Section 15. The State Finance Act is amended by changing Section 8g as follows: (30 ILCS 105/8g) Sec. 8g. Transfers from General Revenue Fund. (a) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $10,000,000 from the General Revenue Fund to the Motor Vehicle License Plate Fund created by Senate Bill 1028 of the 91st General Assembly. (b) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $25,000,000 from the General Revenue Fund to the Fund for Illinois' Future created by Senate Bill 1066 of the 91st General Assembly. (c) In addition to any other transfers that may be provided for by law, on August 30 of each fiscal year's license period, the Illinois Liquor Control Commission shall direct and the State Comptroller and State Treasurer shall transfer from the General Revenue Fund to the Youth Alcoholism and Substance Abuse Prevention Fund an amount equal to the number of retail liquor licenses issued for that fiscal year multiplied by $50. (d) The payments to programs required under subsection (d) of Section 28.1 of the Horse Racing Act of 1975 shall be made, pursuant to appropriation, from the special funds referred to in the statutes cited in that subsection, rather than directly from the General Revenue Fund. Beginning January 1, 2000, on the first day of each month, or as
[November 28, 2001] 128 soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from the General Revenue Fund to each of the special funds from which payments are to be made under Section 28.1(d) of the Horse Racing Act of 1975 an amount equal to 1/12 of the annual amount required for those payments from that special fund, which annual amount shall not exceed the annual amount for those payments from that special fund for the calendar year 1998. The special funds to which transfers shall be made under this subsection (d) include, but are not necessarily limited to, the Agricultural Premium Fund; the Metropolitan Exposition Auditorium and Office Building Fund; the Fair and Exposition Fund; the Standardbred Breeders Fund; the Thoroughbred Breeders Fund; and the Illinois Veterans' Rehabilitation Fund. (e) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, but in no event later than June 30, 2000, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $15,000,000 from the General Revenue Fund to the Fund for Illinois' Future. (f) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, but in no event later than June 30, 2000, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $70,000,000 from the General Revenue Fund to the Long-Term Care Provider Fund. (f-1) In fiscal year 2002, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not exceeding a total of $160,000,000 from the General Revenue Fund to the Long-Term Care Provider Fund. (g) In addition to any other transfers that may be provided for by law, on July 1, 2001, or as soon thereafter as may be practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $1,200,000 from the General Revenue Fund to the Violence Prevention Fund. (h) In each of fiscal years 2002 through 2007, but not thereafter, in addition to any other transfers that may be provided for by law, the State Comptroller shall direct and the State Treasurer shall transfer $5,000,000 from the General Revenue Fund to the Tourism Promotion Fund. (i) On or after July 1, 2001 and until May 1, 2002, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not exceeding a total of $80,000,000 from the General Revenue Fund to the Tobacco Settlement Recovery Fund. Any amounts so transferred shall be re-transferred by the State Comptroller and the State Treasurer from the Tobacco Settlement Recovery Fund to the General Revenue Fund at the direction of and upon notification from the Governor, but in any event on or before June 30, 2002. (j) On or after July 1, 2001 and no later than June 30, 2002, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not to exceed the following sums into the Statistical Services Revolving Fund: From the General Revenue Fund............... $8,450,000 From the Public Utility Fund................ 1,700,000 From the Transportation Regulatory Fund..... 2,650,000 From the Title III Social Security and Employment Fund........................... 3,700,000 From the Professions Indirect Cost Fund..... 4,050,000 From the Underground Storage Tank Fund...... 550,000 From the Agricultural Premium Fund.......... 750,000 From the State Pensions Fund................ 200,000 From the Road Fund.......................... 2,000,000 From the Health Facilities
129 [November 28, 2001] Planning Fund............................. 1,000,000 From the Savings and Residential Finance Regulatory Fund........................... 130,800 From the Appraisal Administration Fund...... 28,600 From the Pawnbroker Regulation Fund......... 3,600 From the Auction Regulation Administration Fund....................... 35,800 From the Bank and Trust Company Fund........ 634,800 From the Real Estate License Administration Fund....................... 313,600 (k) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 92nd General Assembly, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the General Revenue Fund to the Teachers Health Insurance Security Fund. (k-1) In addition to any other transfers that may be provided for by law, on July 1, 2002, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the General Revenue Fund to the Teachers Health Insurance Security Fund. (k-2) In addition to any other transfers that may be provided for by law, on July 1, 2003, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the General Revenue Fund to the Teachers Health Insurance Security Fund. (Source: P.A. 91-25, eff. 6-9-99; 91-704, eff. 5-17-00; 92-11, eff. 6-11-01.) Section 20. The Illinois Pension Code is amended by changing Section 16-158 as follows: (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) Sec. 16-158. Contributions by State and other employing units. (a) The State shall make contributions to the System by means of appropriations from the Common School Fund and other State funds of amounts which, together with other employer contributions, employee contributions, investment income, and other income, will be sufficient to meet the cost of maintaining and administering the System on a 90% funded basis in accordance with actuarial recommendations. The Board shall determine the amount of State contributions required for each fiscal year on the basis of the actuarial tables and other assumptions adopted by the Board and the recommendations of the actuary, using the formula in subsection (b-3). (a-1) Annually, on or before November 15, the board shall certify to the Governor the amount of the required State contribution for the coming fiscal year. The certification shall include a copy of the actuarial recommendations upon which it is based. (b) Through State fiscal year 1995, the State contributions shall be paid to the System in accordance with Section 18-7 of the School Code. (b-1) Beginning in State fiscal year 1996, on the 15th day of each month, or as soon thereafter as may be practicable, the Board shall submit vouchers for payment of State contributions to the System, in a total monthly amount of one-twelfth of the required annual State contribution certified under subsection (a-1). These vouchers shall be paid by the State Comptroller and Treasurer by warrants drawn on the funds appropriated to the System for that fiscal year. If in any month the amount remaining unexpended from all other appropriations to the System for the applicable fiscal year (including the appropriations to the System under Section 8.12 of the State Finance Act and Section 1 of the State Pension Funds Continuing Appropriation Act) is less than the amount lawfully vouchered under this subsection, the difference shall be paid from the Common School Fund under the continuing appropriation authority provided in Section 1.1 of the State Pension Funds Continuing Appropriation Act. (b-2) Allocations from the Common School Fund apportioned to school districts not coming under this System shall not be diminished
[November 28, 2001] 130 or affected by the provisions of this Article. (b-3) For State fiscal years 2011 through 2045, the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045. In making these determinations, the required State contribution shall be calculated each year as a level percentage of payroll over the years remaining to and including fiscal year 2045 and shall be determined under the projected unit credit actuarial cost method. For State fiscal years 1996 through 2010, the State contribution to the System, as a percentage of the applicable employee payroll, shall be increased in equal annual increments so that by State fiscal year 2011, the State is contributing at the rate required under this Section; except that in the following specified State fiscal years, the State contribution to the System shall not be less than the following indicated percentages of the applicable employee payroll, even if the indicated percentage will produce a State contribution in excess of the amount otherwise required under this subsection and subsection (a), and notwithstanding any contrary certification made under subsection (a-1) before the effective date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY 2003; 13.56% in FY 2004; 14.25% in FY 2005; 14.95% in FY 2006; 15.65% in FY 2007; 16.34% in FY 2008; 17.04% in FY 2009; and 17.74% in FY 2010. Beginning in State fiscal year 2046, the minimum State contribution for each fiscal year shall be the amount needed to maintain the total assets of the System at 90% of the total actuarial liabilities of the System. (c) Payment of the required State contributions and of all pensions, retirement annuities, death benefits, refunds, and other benefits granted under or assumed by this System, and all expenses in connection with the administration and operation thereof, are obligations of the State. If members are paid from special trust or federal funds which are administered by the employing unit, whether school district or other unit, the employing unit shall pay to the System from such funds the full accruing retirement costs based upon that service, as determined by the System. Employer contributions, based on salary paid to members from federal funds, may be forwarded by the distributing agency of the State of Illinois to the System prior to allocation, in an amount determined in accordance with guidelines established by such agency and the System. (d) Effective July 1, 1986, any employer of a teacher as defined in paragraph (8) of Section 16-106 shall pay the employer's normal cost of benefits based upon the teacher's service, in addition to employee contributions, as determined by the System. Such employer contributions shall be forwarded monthly in accordance with guidelines established by the System. However, with respect to benefits granted under Section 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) of Section 16-106, the employer's contribution shall be 12% (rather than 20%) of the member's highest annual salary rate for each year of creditable service granted, and the employer shall also pay the required employee contribution on behalf of the teacher. For the purposes of Sections 16-133.4 and 16-133.5, a teacher as defined in paragraph (8) of Section 16-106 who is serving in that capacity while on leave of absence from another employer under this Article shall not be considered an employee of the employer from which the teacher is on leave. (e) Beginning July 1, 1998, every employer of a teacher shall pay to the System an employer contribution computed as follows: (1) Beginning July 1, 1998 through June 30, 1999, the employer contribution shall be equal to 0.3% of each teacher's salary. (2) Beginning July 1, 1999 and thereafter, the employer contribution shall be equal to 0.58% of each teacher's salary.
131 [November 28, 2001] The school district or other employing unit may pay these employer contributions out of any source of funding available for that purpose and shall forward the contributions to the System on the schedule established for the payment of member contributions. These employer contributions are intended to offset a portion of the cost to the System of the increases in retirement benefits resulting from this amendatory Act of 1998. Each employer of teachers is entitled to a credit against the contributions required under this subsection (e) with respect to salaries paid to teachers for the period January 1, 2002 through June 30, 2003, equal to the amount paid by that employer under subsection (a-5) of Section 6.6 of the State Employees Group Insurance Act of 1971 with respect to salaries paid to teachers for that period. The additional 1% employee contribution required under Section 16-152 by this amendatory Act of 1998 is the responsibility of the teacher and not the teacher's employer, unless the employer agrees, through collective bargaining or otherwise, to make the contribution on behalf of the teacher. If an employer is required by a contract in effect on May 1, 1998 between the employer and an employee organization to pay, on behalf of all its full-time employees covered by this Article, all mandatory employee contributions required under this Article, then the employer shall be excused from paying the employer contribution required under this subsection (e) for the balance of the term of that contract. The employer and the employee organization shall jointly certify to the System the existence of the contractual requirement, in such form as the System may prescribe. This exclusion shall cease upon the termination, extension, or renewal of the contract at any time after May 1, 1998. (Source: P.A. 90-582, eff. 5-27-98.) Section 90. The State Mandates Act is amended by adding Section 8.26 as follows: (30 ILCS 805/8.26 new) Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hannig, SENATE BILL 1174 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: 112, Yeas; 4, Nays; 0, Answering Present. (ROLL CALL 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING
[November 28, 2001] 132 SENATE BILL 22. Having been printed, was taken up and read by title a second time. Committee Amendment No. 1 was tabled in the Committee on Revenue. Floor Amendments numbered 2, 3, 4, 5 and 5 remained in the Committee on Rules. Floor Amendment No. 7 remained in the Committee on Revenue. The following amendment was offered in the Committee on Revenue, adopted and printed: AMENDMENT NO. 8 TO SENATE BILL 22 AMENDMENT NO. 8. Amend Senate Bill 22 by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Section 18-185 and by adding Sections 18-190.5 and 18-201 as follows: (35 ILCS 200/18-185) Sec. 18-185. Short title; definitions. This Division 5 may be cited as the Property Tax Extension Limitation Law. As used in this Division 5: "Consumer Price Index" means the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor. "Extension limitation" means (a) the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or (b) the rate of increase approved by voters under Section 18-205. "Affected county" means a county of 3,000,000 or more inhabitants or a county contiguous to a county of 3,000,000 or more inhabitants. "Taxing district" has the same meaning provided in Section 1-150, except as otherwise provided in this Section. For the 1991 through 1994 levy years only, "taxing district" includes only each non-home rule taxing district having the majority of its 1990 equalized assessed value within any county or counties contiguous to a county with 3,000,000 or more inhabitants. Beginning with the 1995 levy year, "taxing district" includes only each non-home rule taxing district subject to this Law before the 1995 levy year and each non-home rule taxing district not subject to this Law before the 1995 levy year having the majority of its 1994 equalized assessed value in an affected county or counties. Beginning with the levy year in which this Law becomes applicable to a taxing district as provided in Section 18-213, "taxing district" also includes those taxing districts made subject to this Law as provided in Section 18-213. "Aggregate extension" for taxing districts to which this Law applied before the 1995 levy year means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before October 1, 1991; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before October 1, 1991; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after October 1, 1991 that were approved by referendum; (e) made for any taxing district to pay interest or principal on revenue bonds issued before October 1, 1991 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before October 1, 1991, to pay for the building project; (g) made for
133 [November 28, 2001] payments due under installment contracts entered into before October 1, 1991; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 1991; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), (e), and (h) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (k) made by a school district that participates in the Special Education District of Lake County, created by special education joint agreement under Section 10-22.31 of the School Code, for payment of the school district's share of the amounts required to be contributed by the Special Education District of Lake County to the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code; the amount of any extension under this item (k) shall be certified by the school district to the county clerk. "Aggregate extension" for the taxing districts to which this Law did not apply before the 1995 levy year (except taxing districts subject to this Law in accordance with Section 18-213) means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before March 1, 1995; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before March 1, 1995; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after March 1, 1995 that were approved by referendum; (e) made for any taxing district to pay interest or principal on revenue bonds issued before March 1, 1995 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before March 1, 1995 to pay for the building project; (g) made for payments due under installment contracts entered into before March 1, 1995; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 1991; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum and bonds described in subsection (h) of this definition; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; (k) made for payments of principal and interest on bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium or museum projects;
[November 28, 2001] 134 district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before the date on which the referendum making this Law applicable to the taxing district is held; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before the date on which the referendum making this Law applicable to the taxing district is held; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after the date on which the referendum making this Law applicable to the taxing district is held if the bonds were approved by referendum after the date on which the referendum making this Law applicable to the taxing district is held; (e) made for any taxing district to pay interest or principal on revenue bonds issued before the date on which the referendum making this Law applicable to the taxing district is held for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before the date on which the referendum making this Law applicable to the taxing district is held to pay for the building project; (g) made for payments due under installment contracts entered into before the date on which the referendum making this Law applicable to the taxing district is held; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (j) made for a qualified airport authority to pay interest or principal on general obligation bonds issued for the purpose of paying obligations due under, or financing airport facilities required to be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amendments to such a contract taking effect on or after that date). "Aggregate extension" for all taxing districts to which this Law applies in accordance with paragraph (2) of subsection (e) of Section 18-213 means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before the effective date of this amendatory Act of 1997; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before the effective date of this amendatory Act of 1997; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after the effective date of this amendatory Act of 1997 if the bonds were approved by referendum after the effective date of this amendatory Act of 1997; (e) made for any taxing district to pay interest or principal on revenue bonds issued before the effective date of this amendatory Act of 1997 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before the effective date
135 [November 28, 2001] of this amendatory Act of 1997 to pay for the building project; (g) made for payments due under installment contracts entered into before the effective date of this amendatory Act of 1997; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (j) made for a qualified airport authority to pay interest or principal on general obligation bonds issued for the purpose of paying obligations due under, or financing airport facilities required to be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amendments to such a contract taking effect on or after that date). "Debt service extension base" means an amount equal to that portion of the extension for a taxing district for the 1994 levy year, or for those taxing districts subject to this Law in accordance with Section 18-213, except for those subject to paragraph (2) of subsection (e) of Section 18-213, for the levy year in which the referendum making this Law applicable to the taxing district is held, or for those taxing districts subject to this Law in accordance with paragraph (2) of subsection (e) of Section 18-213 for the 1996 levy year, constituting an extension for payment of principal and interest on bonds issued by the taxing district without referendum, but not including (i) bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium and museum projects; (ii) bonds issued under Section 15 of the Local Government Debt Reform Act;
[November 28, 2001] 136 "Recovered tax increment value" means, except as otherwise provided in this paragraph, the amount of the current year's equalized assessed value, in the first year after a municipality terminates the designation of an area as a redevelopment project area previously established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, previously established under the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area. For the taxes which are extended for the 1997 levy year, the recovered tax increment value for a non-home rule taxing district that first became subject to this Law for the 1995 levy year because a majority of its 1994 equalized assessed value was in an affected county or counties shall be increased if a municipality terminated the designation of an area in 1993 as a redevelopment project area previously established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, previously established under the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, by an amount equal to the 1994 equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area. In the first year after a municipality removes a taxable lot, block, tract, or parcel of real property from a redevelopment project area established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, the Industrial Jobs Recovery Law in the Illinois Municipal Code, or the Economic Development Area Tax Increment Allocation Act, "recovered tax increment value" means the amount of the current year's equalized assessed value of each taxable lot, block, tract, or parcel of real property removed from the redevelopment project area over and above the initial equalized assessed value of that real property before removal from the redevelopment project area. Except as otherwise provided in this Section, "limiting rate" means a fraction the numerator of which is the last preceding aggregate extension base times an amount equal to one plus the extension limitation defined in this Section and the denominator of which is the current year's equalized assessed value of all real property in the territory under the jurisdiction of the taxing district during the prior levy year. For those taxing districts that reduced their aggregate extension for the last preceding levy year, the highest aggregate extension in any of the last 3 preceding levy years shall be used for the purpose of computing the limiting rate. The denominator shall not include new property. The denominator shall not include the recovered tax increment value. (Source: P.A. 90-485, eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.) (35 ILCS 200/18-190.5 new) Sec. 18-190.5. School districts. The requirements of Section 18-190 of this Code for a direct referendum on the imposition of a new or increased tax rate do not apply to tax levies that are not included in the aggregate extension pursuant to clause (m) of Section 18-185 of this Code. (35 ILCS 200/18-201 new) Sec. 18-201. School districts. (a) The aggregate extension for a school district shall not include any extension (i) made for fire prevention and safety purposes under Section 17-2.11 of the School Code produced by that portion of the rate for that purpose in excess of the district's maximum permissible rate for that purpose immediately prior to the effective date of this amendatory Act of the 92nd General Assembly or (ii) made for payments of principal and interest on fire prevention and safety bonds issued under Section 17-2.11 of the School Code after the
137 [November 28, 2001] effective date of this amendatory Act of the 92nd General Assembly or on bonds issued to refund the fire prevention and safety bonds issued after the effective date of this amendatory Act of the 92nd General Assembly. (b) The requirements of Section 18-190 of this Code for a direct referendum on the imposition of a new or increased tax rate shall not apply to the tax levies that are not included in the aggregate extension pursuant to this Section. (35 ILCS 200/18-200 rep.) Section 10. The Property Tax Code is amended by repealing Section 18-200. Section 15. The School Code is amended by changing Sections 1B-4, 1B-5, 1B-8, 2-3.12, 10-22.14, 17-2.2, 17-2.11, and 19-1 and adding Section 34-53.5 as follows: (105 ILCS 5/1B-4) (from Ch. 122, par. 1B-4) Sec. 1B-4. Establishment of Emergency Financial Assistance and Financial Oversight Panel. When approved by the State Board under this Article there is established a body both corporate and politic to be known as the "(Name of School District) Financial Oversight Panel" which, in such name, shall exercise all authority vested in such Panels by this Article. Upon the affirmative vote of not less than a majority of its full membership, a local board of education of a school district that has been certified to be in financial difficulty under Section 1A-8 may petition the State Board of Education for emergency financial assistance and the establishment of a Financial Oversight Panel for the district as provided under this Article. In addition, the State Superintendent of Education may petition the State Board of Education for the establishment of a Financial Oversight Panel, with or without emergency financial assistance, for any district that has failed to comply with its financial plan and has had the plan rescinded by the State Board as provided in Section 1A-8. No petition for emergency financial assistance shall be approved by the State Board unless there is also established a Financial Oversight Panel. In determining whether to allow the petition the State Board shall consider the following factors among others that it deems relevant: (a) whether the petition is in the best educational interests of the pupils of the district; (b) whether the petition is in the near and long term best financial interests of the district; (c) whether the district has sufficient pupil enrollment and assessed valuation to provide and maintain recognized schools; (d) whether the petition is in the best interests of the other schools of the area and the educational welfare of all of the pupils therein; and (e) whether the board of education has complied with the requirements of Section 1A-8. The State Board may vote to either grant or deny the petition based upon the recommendation of the State Superintendent of Education and any other testimony or documentary evidence the State Board deems relevant. The decision of the State Board whether to grant or deny the petition shall be final. If an approved petition requests emergency financial assistance, the school district shall be eligible for emergency State financial assistance, subject to the other provisions of this Article. A Financial Oversight Panel created pursuant to a petition filed by a school district may petition the State Board of Education to be reconstituted as a Panel having the powers, duties, legal status, and privileges of a Panel established by the State Board for a district that has had its financial plan rescinded by the State Board for violating that plan as provided in Section 1A-8. The State Board may grant such petition upon determining that approval of the petition is in the best financial interests of the district. Upon approval of the petition, the Panel shall have the same powers, duties, legal status, and privileges of a Panel established for a district that has had its financial plan rescinded by the State Board for violating that plan as
[November 28, 2001] 138 provided in Section 1A-8. The changes made to this Section by this amendatory Act of the 92nd General Assembly apply to all Financial Oversight Panels, whether created before, on, or after the effective date of this amendatory Act. (Source: P.A. 88-618, eff. 9-9-94.) (105 ILCS 5/1B-5) (from Ch. 122, par. 1B-5) Sec. 1B-5. Appointment of Panel; meetings; reports; dissolution of Panel. When a petition establishing a Financial Oversight Panel
139 [November 28, 2001] government and donations from any public or private source. Moneys in the Fund may be appropriated only to the State Board for the purposes of this Article. The appropriation may be allocated and expended by the State Board as grants or loans to school districts which are the subject of an approved petition for emergency financial assistance under Section 1B-4. From the amount allocated to each such school district the State Board shall identify a sum sufficient to cover all approved costs of the Financial Oversight Panel established for the respective school district. If the State Board and State Superintendent of Education have not approved emergency financial assistance in conjunction with the appointment of a Financial Oversight Panel, the Panel's approved costs shall be paid from deductions from the district's general State aid. The Financial Oversight Panel may prepare and file with the State Superintendent a proposal for emergency financial assistance for the school district and for the operations budget of the Panel. No expenditures shall be authorized by the State Superintendent until he has approved the proposal of the Panel, either as submitted or in such lesser amount determined by the State Superintendent. The maximum amount of an emergency financial assistance loan which may be allocated to any school district under this Article, including moneys necessary for the operations of the Panel, shall not exceed $1000 times the number of pupils enrolled in the school district during the school year ending June 30 prior to the date of approval by the State Board of the petition for emergency financial assistance, as certified to the local board and the Panel by the State Superintendent. An emergency financial assistance grant shall not exceed $250 times the number of such pupils. A district may receive both a loan and a grant. Any moneys provided to a local board of education as a loan shall not be subject to any limitation on debt established under Article 19 of this Code. The payment of an emergency State financial assistance grant or loan shall be subject to appropriation by the General Assembly. Emergency State financial assistance allocated and paid to a school district under this Article may be applied to any fund or funds from which the local board of education of that district is authorized to make expenditures by law. Any emergency financial assistance proposed by the Financial Oversight Panel and approved by the State Superintendent may be paid in its entirety during the initial year of the Panel's existence or spread in equal or declining amounts over a period of years not to exceed the period of the Panel's existence. All loan payments made from the School District Emergency Financial Assistance Fund for a school district shall be required to be repaid, with simple interest over the term of the loan at a rate equal to 50% of the discount rate on one-year United States Treasury Bills as determined by the last auction of those one-year bills that precedes the date on which the district's loan is approved by the State Board of Education, not later than the date the Financial Oversight Panel ceases to exist. The Panel shall establish and the State Superintendent shall approve the terms and conditions, including the schedule, of repayments. The schedule shall provide for repayments commencing July 1 of each year. Repayment shall be incorporated into the annual budget of the school district and may be made from any fund or funds of the district in which there are moneys available. When moneys are repaid as provided herein they shall not be made available to the local board for further use as emergency financial assistance under this Article at any time thereafter. All repayments required to be made by a school district shall be received by the State Board and deposited in the School District Emergency Financial Assistance Fund. The board of any school district that receives a loan authorized under this Section shall provide for a separate tax for emergency financial assistance repayment purposes. The separate tax levy shall be in an amount sufficient to repay the emergency financial assistance under the terms and conditions set by the Panel and approved by the State Superintendent. Notwithstanding any law to the contrary, the
[November 28, 2001] 140 separate tax levy for emergency financial assistance repayment shall not be subject to referendum approval. The changes made to this Section by this amendatory Act of the 92nd General Assembly apply to all Financial Oversight Panels, whether created before, on, or after the effective date of this amendatory Act.
141 [November 28, 2001] substantial progress, in the opinion of the State Superintendent of Education, is being made toward compliance. Within 2 years after the effective date of this amendatory Act of 1983, and every 10 years thereafter, or at such other times as the State Board of Education deems necessary or the regional superintendent so orders, each school board subject to the provisions of this Section shall again survey its school buildings and effectuate any recommendations in accordance with the procedures set forth herein. An architect or engineer licensed in the State of Illinois is required to conduct the surveys under the provisions of this Section and shall make a report of the findings of the survey titled "safety survey report" to the school board. The school board shall approve the safety survey report, including any recommendations to effectuate compliance with the code, and submit it to the Regional Superintendent. The Regional Superintendent shall render a decision regarding approval or denial and submit the safety survey report to the State Superintendent of Education. The State Superintendent of Education shall approve or deny the report including recommendations to effectuate compliance with the code and, if approved, issue a certificate of approval. Upon receipt of the certificate of approval, the Regional Superintendent shall issue an order to effect any approved recommendations included in the report. Items in the report shall be prioritized. Urgent items shall be considered as those items related to life safety problems that present an immediate hazard to the safety of students. Required items shall be considered as those items that are necessary for a safe environment but present less of an immediate hazard to the safety of students. Urgent and required items shall be defined in rules adopted by the State Board of Education. Urgent and required items shall reference a specific rule in the code authorized by this Section that is currently being violated or will be violated within the next 12 months if the violation is not remedied. The school board of each district so surveyed and receiving a report of needed recommendations to be made to maintain standards of safety and health of the pupils enrolled shall effectuate the correction of urgent items as soon as achievable to ensure the safety of the students, but in no case more than one year after the date of the State Superintendent of Education's approval of the recommendation. Required items shall be corrected in a timely manner, but in no case more than 3
[November 28, 2001] 142 Code for Public Schools", which shall specify building standards for buildings that are constructed prior to the effective date of this amendatory Act of 1992 and for buildings that are constructed after that date. The "Health/Life Safety Code for Public Schools" shall be the governing code for public schools; however, the provisions of this Section shall not preclude inspection of school premises and buildings pursuant to Section 9 of the Fire Investigation Act, provided that the provisions of the "Health/Life Safety Code for Public Schools", or such predecessor document authorized by this Section as may be applicable are used, and provided that those inspections are coordinated with the Regional Superintendent having jurisdiction over the public school facility. Any agency having jurisdiction beyond the scope of the applicable document authorized by this Section may issue a lawful order to a school board to effectuate recommendations, and the school board receiving the order shall certify to the Regional Superintendent and the State Superintendent of Education when it has complied with the order. The State Board of Education is authorized to adopt any rules that are necessary relating to the administration and enforcement of the provisions of this Section. The code authorized by this Section shall apply only to those school districts having a population of less than 500,000 inhabitants. (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.) (105 ILCS 5/10-22.14) (from Ch. 122, par. 10-22.14) Sec. 10-22.14. Borrowing money and issuing bonds. To borrow money, and issue bonds for the purposes and in the manner provided by this Act. When bond proceeds from the sale of bonds include a premium, or when the proceeds of bonds issued for the
143 [November 28, 2001] 1965,
[November 28, 2001] 144 (including but not limited to intercom, early detection and warning, access control and television monitoring systems) should be purchased and installed, and that such alterations, reconstruction or purchase and installation of equipment will be made with funds not necessary for the completion of approved and recommended projects contained in any safety survey report or amendment thereto authorized by Section 2-3.12 of this Act and will deter and prevent unauthorized entry or activities upon school property by unknown or dangerous persons, assure early detection and advance warning of any such actual or attempted unauthorized entry or activities and help assure the continued safety of pupils and school staff if any such unauthorized entry or activity is attempted or occurs; or if a school district does not need funds for other fire prevention and safety projects, including the completion of approved and recommended projects contained in any safety survey report or amendments thereto authorized by Section 2-3.12 of this Act, and it is determined after a public hearing (which is preceded by at least one published notice (i) occurring at least 7 days prior to the hearing in a newspaper of general circulation within the school district and (ii) setting forth the time, date, place, and general subject matter of the hearing) that there is a substantial, immediate, and otherwise unavoidable threat to the health, safety, or welfare of pupils due to disrepair of school sidewalks, playgrounds, parking lots, or school bus turnarounds and repairs must be made: then in any such event, such district may, by proper resolution, levy a tax for the purpose of making such alteration, repair, or reconstruction, based on a survey report by an architect or engineer licensed in the State of Illinois, upon all the taxable property of the district at the value as assessed by the Department of Revenue at a rate not to exceed 0.15% for elementary and high school districts and 0.30% for unit districts
145 [November 28, 2001] is determined that the effectuation of the recommendations for the existing building will cost more than the replacement costs. Such determination shall be based on a comparison of estimated costs made by an architect or engineer licensed in the State of Illinois. The new building or addition shall be equivalent in area (square feet) and comparable in purpose and grades served and may be on the same site or another site. Such replacement may only be done upon order of the regional superintendent of schools and the approval of the State Superintendent of Education. The filing of a certified copy of the resolution levying the tax when accompanied by the certificates of the regional superintendent of schools and State Superintendent of Education shall be the authority of the county clerk to extend such tax. The county clerk of the county in which any school district levying a tax under the authority of this Section is located, in reducing raised levies, shall not consider any such tax as a part of the general levy for school purposes and shall not include the same in the limitation of any other tax rate which may be extended. Such tax shall be levied and collected in like manner as all other taxes of school districts, subject to the provisions contained in this Section.
[November 28, 2001] 146 the secretary of the district, signed by the voters of the district equal to 5% or more of the registered voters of the district requesting that the proposition to issue bonds as authorized by this Section be submitted to the voters thereof, then the district shall not be authorized to issue the bonds until the proposition has been certified to the proper election authorities and has been submitted to and approved by a majority of the voters voting on the proposition at a regular scheduled election in accordance with the general election law. If no such petition is filed, or if any and all petitions filed are invalid, the district may issue the bonds. Such bonds shall bear interest at a rate not to exceed the maximum rate authorized by law at the time of the making of the contract, shall mature within 20 years from date, and shall be signed by the president of the school board and the treasurer of the school district. Such bonds issued after the effective date of this amendatory Act of the 92nd General Assembly and any bonds issued to refund such bonds issued after the effective date of this amendatory Act of the 92nd General Assembly shall not be considered debt for purposes of any statutory debt limitation. In order to authorize and issue such bonds, the school board shall adopt a resolution fixing the amount of bonds, the date thereof, the maturities thereof, rates of interest thereof, place of payment and denomination,
147 [November 28, 2001] Sec. 19-1. Debt limitations of school districts. (a) School districts shall not be subject to the provisions limiting their indebtedness prescribed in the Local Government Debt Limitation Act
[November 28, 2001] 148 (3) of this subsection (b), if the school board determines that additional facilities are needed to provide a quality educational program and not less than 2/3 of those voting in an election called by the school board on the question approve the issuance of bonds for the construction of such facilities, the school district may issue bonds for this purpose; or (5) Notwithstanding the provisions of paragraphs (1) through (3) of this subsection (b), if (i) the school district has previously availed itself of the provisions of paragraph (4) of this subsection (b) to enable it to issue bonds, (ii) the voters of the school district have not defeated a proposition for the issuance of bonds since the referendum described in paragraph (4) of this subsection (b) was held, (iii) the school board determines that additional facilities are needed to provide a quality educational program, and (iv) a majority of those voting in an election called by the school board on the question approve the issuance of bonds for the construction of such facilities, the school district may issue bonds for this purpose. In no event shall the indebtedness incurred pursuant to this subsection (b) and the existing indebtedness of the school district exceed 20%
149 [November 28, 2001] the new school building being constructed to replace a school building closed as the result of mine subsidence damage, or both such purposes. (e) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, a school district that meets all the criteria set forth in paragraphs (1) through (5) of this subsection (e) may, without referendum, incur an additional indebtedness in an amount not to exceed the lesser of $5,000,000 or 1.5% of the equalized assessed value of the taxable property within the district even though the amount of the additional indebtedness authorized by this subsection (e), when incurred and added to the aggregate amount of indebtedness of the district existing immediately prior to the district incurring that additional indebtedness, causes the aggregate indebtedness of the district to exceed or increases the amount by which the aggregate indebtedness of the district already exceeds the debt limitation otherwise applicable to that district under subsection (a): (1) The State Board of Education certifies the school district under Section 19-1.5 as a financially distressed district. (2) The additional indebtedness authorized by this subsection (e) is incurred by the financially distressed district during the school year or school years in which the certification of the district as a financially distressed district continues in effect through the issuance of bonds for the lawful school purposes of the district, pursuant to resolution of the school board and without referendum, as provided in paragraph (5) of this subsection. (3) The aggregate amount of bonds issued by the financially distressed district during a fiscal year in which it is authorized to issue bonds under this subsection does not exceed the amount by which the aggregate expenditures of the district for operational purposes during the immediately preceding fiscal year exceeds the amount appropriated for the operational purposes of the district in the annual school budget adopted by the school board of the district for the fiscal year in which the bonds are issued. (4) Throughout each fiscal year in which certification of the district as a financially distressed district continues in effect, the district maintains in effect a gross salary expense and gross wage expense freeze policy under which the district expenditures for total employee salaries and wages do not exceed such expenditures for the immediately preceding fiscal year. Nothing in this paragraph, however, shall be deemed to impair or to require impairment of the contractual obligations, including collective bargaining agreements, of the district or to impair or require the impairment of the vested rights of any employee of the district under the terms of any contract or agreement in effect on the effective date of this amendatory Act of 1994. (5) Bonds issued by the financially distressed district under this subsection shall bear interest at a rate not to exceed the maximum rate authorized by law at the time of the making of the contract, shall mature within 40 years from their date of issue, and shall be signed by the president of the school board and treasurer of the school district. In order to issue bonds under this subsection, the school board shall adopt a resolution fixing the amount of the bonds, the date of the bonds, the maturities of the bonds, the rates of interest of the bonds, and their place of payment and denomination, and shall provide for the levy and collection of a direct annual tax upon all the taxable property in the district sufficient to pay the principal and interest on the bonds to maturity. Upon the filing in the office of the county clerk of the county in which the financially distressed district is located of a certified copy of the resolution, it is the duty of the county clerk to extend the tax therefor in addition to and in excess of all other taxes at any time authorized to be levied by the district. If bond proceeds from the sale of bonds include a premium or if the proceeds of the bonds are invested as authorized by law, the school board shall determine by resolution whether the interest earned on the investment of bond proceeds or the premium
[November 28, 2001] 150 realized on the sale of the bonds is to be used for any of the lawful school purposes for which the bonds were issued or for the payment of the principal indebtedness and interest on the bonds. The proceeds of the bond sale shall be deposited in the educational purposes fund of the district and shall be used to pay operational expenses of the district. This subsection is cumulative and constitutes complete authority for the issuance of bonds as provided in this subsection, notwithstanding any other law to the contrary. (f) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds in not to exceed the aggregate amount of $5,500,000 and issued by a school district meeting the following criteria shall not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing indebtedness, in excess of any heretofore or hereafter imposed statutory limitation as to indebtedness: (1) At the time of the sale of such bonds, the board of education of the district shall have determined by resolution that the enrollment of students in the district is projected to increase by not less than 7% during each of the next succeeding 2 school years. (2) The board of education shall also determine by resolution that the improvements to be financed with the proceeds of the bonds are needed because of the projected enrollment increases. (3) The board of education shall also determine by resolution that the projected increases in enrollment are the result of improvements made or expected to be made to passenger rail facilities located in the school district. (g) Notwithstanding the provisions of subsection (a) of this Section or any other law, bonds in not to exceed an aggregate amount of 25% of the equalized assessed value of the taxable property of a school district and issued by a school district meeting the criteria in paragraphs (i) through (iv) of this subsection shall not be considered indebtedness for purposes of any statutory limitation and may be issued pursuant to resolution of the school board in an amount or amounts, including existing indebtedness, in excess of any statutory limitation of indebtedness heretofore or hereafter imposed: (i) The bonds are issued for the purpose of constructing a new high school building to replace two adjacent existing buildings which together house a single high school, each of which is more than 65 years old, and which together are located on more than 10 acres and less than 11 acres of property. (ii) At the time the resolution authorizing the issuance of the bonds is adopted, the cost of constructing a new school building to replace the existing school building is less than 60% of the cost of repairing the existing school building. (iii) The sale of the bonds occurs before July 1, 1997. (iv) The school district issuing the bonds is a unit school district located in a county of less than 70,000 and more than 50,000 inhabitants, which has an average daily attendance of less than 1,500 and an equalized assessed valuation of less than $29,000,000. (h) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1998, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27.6% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met: (i) The school district has an equalized assessed valuation for calendar year 1995 of less than $24,000,000; (ii) The bonds are issued for the capital improvement, renovation, rehabilitation, or replacement of existing school buildings of the district, all of which buildings were originally constructed not less than 40 years ago; (iii) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after March 19,
151 [November 28, 2001] 1996; and (iv) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (i) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1998, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met: (i) The school district has an equalized assessed valuation for calendar year 1995 of less than $44,600,000; (ii) The bonds are issued for the capital improvement, renovation, rehabilitation, or replacement of existing school buildings of the district, all of which existing buildings were originally constructed not less than 80 years ago; (iii) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after December 31, 1996; and (iv) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (j) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district if all of the following conditions are met: (i) The school district has an equalized assessed valuation for calendar year 1995 of less than $140,000,000 and a best 3 months average daily attendance for the 1995-96 school year of at least 2,800; (ii) The bonds are issued to purchase a site and build and equip a new high school, and the school district's existing high school was originally constructed not less than 35 years prior to the sale of the bonds; (iii) At the time of the sale of the bonds, the board of education determines by resolution that a new high school is needed because of projected enrollment increases; (iv) At least 60% of those voting in an election held after December 31, 1996 approve a proposition for the issuance of the bonds; and (v) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (k) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, a school district that meets all the criteria set forth in paragraphs (1) through (4) of this subsection (k) may issue bonds to incur an additional indebtedness in an amount not to exceed $4,000,000 even though the amount of the additional indebtedness authorized by this subsection (k), when incurred and added to the aggregate amount of indebtedness of the school district existing immediately prior to the school district incurring such additional indebtedness, causes the aggregate indebtedness of the school district to exceed or increases the amount by which the aggregate indebtedness of the district already exceeds the debt limitation otherwise applicable to that school district under subsection (a): (1) the school district is located in 2 counties, and a referendum to authorize the additional indebtedness was approved by a majority of the voters of the school district voting on the proposition to authorize that indebtedness; (2) the additional indebtedness is for the purpose of financing a multi-purpose room addition to the existing high school; (3) the additional indebtedness, together with the existing indebtedness of the school district, shall not exceed 17.4% of the value of the taxable property in the school district, to be ascertained by the last assessment for State and county taxes; and (4) the bonds evidencing the additional indebtedness are
[November 28, 2001] 152 issued, if at all, within 120 days of the effective date of this amendatory Act of 1998. (l) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 2000, a school district maintaining grades kindergarten through 8 may issue bonds up to an amount, including existing indebtedness, not exceeding 15% of the equalized assessed value of the taxable property in the district if all of the following conditions are met: (i) the district has an equalized assessed valuation for calendar year 1996 of less than $10,000,000; (ii) the bonds are issued for capital improvement, renovation, rehabilitation, or replacement of one or more school buildings of the district, which buildings were originally constructed not less than 70 years ago; (iii) the voters of the district approve a proposition for the issuance of the bonds at a referendum held on or after March 17, 1998; and (iv) the bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (m) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, an elementary school district maintaining grades K through 8 may issue bonds up to an amount, excluding existing indebtedness, not exceeding 18% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met: (i) The school district has an equalized assessed valuation for calendar year 1995 or less than $7,700,000; (ii) The school district operates 2 elementary attendance centers that until 1976 were operated as the attendance centers of 2 separate and distinct school districts; (iii) The bonds are issued for the construction of a new elementary school building to replace an existing multi-level elementary school building of the school district that is not handicapped accessible at all levels and parts of which were constructed more than 75 years ago; (iv) The voters of the school district approve a proposition for the issuance of the bonds at a referendum held after July 1, 1998; and (v) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code. (n) Notwithstanding the debt limitation prescribed in subsection (a) of this Section or any other provisions of this Section or of any other law, a school district that meets all of the criteria set forth in paragraphs (i) through (vi) of this subsection (n) may incur additional indebtedness by the issuance of bonds in an amount not exceeding the amount certified by the Capital Development Board to the school district as provided in paragraph (iii) of this subsection (n), even though the amount of the additional indebtedness so authorized, when incurred and added to the aggregate amount of indebtedness of the district existing immediately prior to the district incurring the additional indebtedness authorized by this subsection (n), causes the aggregate indebtedness of the district to exceed the debt limitation otherwise applicable by law to that district: (i) The school district applies to the State Board of Education for a school construction project grant and submits a district facilities plan in support of its application pursuant to Section 5-20 of the School Construction Law. (ii) The school district's application and facilities plan are approved by, and the district receives a grant entitlement for a school construction project issued by, the State Board of Education under the School Construction Law. (iii) The school district has exhausted its bonding capacity or the unused bonding capacity of the district is less than the amount certified by the Capital Development Board to the district under Section 5-15 of the School Construction Law as the dollar amount of the school construction project's cost that the district
153 [November 28, 2001] will be required to finance with non-grant funds in order to receive a school construction project grant under the School Construction Law. (iv) The bonds are issued for a "school construction project", as that term is defined in Section 5-5 of the School Construction Law, in an amount that does not exceed the dollar amount certified, as provided in paragraph (iii) of this subsection (n), by the Capital Development Board to the school district under Section 5-15 of the School Construction Law. (v) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after the criteria specified in paragraphs (i) and (iii) of this subsection (n) are met. (vi) The bonds are issued pursuant to Sections 19-2 through 19-7 of the School Code. (Source: P.A. 90-570, eff. 1-28-98; 90-757, eff. 8-14-98; 91-55, eff. 6-30-99.) (105 ILCS 5/34-53.5 new) Sec. 34-53.5. Capital improvement tax levy; purpose; maximum amount. (a) For the purpose of providing a reliable source of revenue for capital improvement purposes, including without limitation (i) the construction and equipping of a new school building or buildings or an addition or additions to an existing school building or buildings, (ii) the purchase of school grounds on which any new school building or an addition to an existing school building is to be constructed or located, (iii) both items (i) and (ii) of this subsection (a), or (iv) the rehabilitation, renovation, and equipping of an existing school building or buildings, the board may levy, upon all taxable property of the school district, in calendar year 2001, a capital improvement tax to produce, when extended, an amount not to exceed the product attained by multiplying (1) the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12 months ending 2 months prior to the month in which the levy is adopted by (2) $142,500,000. For example, if the percentage increase in the Consumer Price Index is 2.5%, then the computation would be $142,500,000 x 0.025 = $3,562,500. (b) In each calendar year from 2002 through 2030, the board may levy a capital improvement tax to produce, when extended, an amount not to exceed the sum of (1) the maximum amount that could have been levied by the board in the preceding calendar year pursuant to this Section and (2) the product obtained by multiplying (A) the sum of (i) the maximum amount that could have been levied by the board in the preceding calendar year pursuant to this Section and (ii) $142,500,000 by (B) the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12 months ending 2 months prior to the month in which the levy is adopted. (c) In calendar year 2031, the board may levy a capital improvement tax to produce, when extended, an amount not to exceed the sum of (1) the maximum amount that could have been levied by the board in calendar year 2030 pursuant to this Section, (2) $142,500,000, and (3) the product obtained by multiplying (A) the sum of (i) the maximum amount that could have been levied by the board in calendar year 2030 pursuant to this Section and (ii) $142,500,000 by (B) the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12 months ending 2 months prior to the month in which the levy is adopted. (d) In calendar year 2032 and each calendar year thereafter, the board may levy a capital improvement tax to produce, when extended, an amount not to exceed the sum of (1) the maximum amount that could have been levied by the board in the preceding calendar year pursuant to this Section and (2) the product obtained by multiplying (A) the maximum amount that could have been levied by the board in the preceding calendar year pursuant to this Section by (B) the percentage
[November 28, 2001] 154 increase, if any, in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor for the 12 months ending 2 months prior to the month in which the levy is adopted. (e) An initial tax levy made by the board under this Section must have the approval of the Chicago City Council, by resolution, before the levy may be extended. The board shall communicate its adoption of the initial tax levy by delivering a certified copy of the levy resolution to the Clerk of the City of Chicago. The Chicago City Council shall have 60 days after receipt, by the Clerk of the City of Chicago, of the certified resolution to approve or disapprove the levy. The failure of the Chicago City Council to take action to approve or disapprove the initial tax levy within the 60-day period shall be deemed disapproval of the initial tax levy. Upon the adoption of each subsequent levy by the board under this Section, the board must notify the Chicago City Council that the board has adopted the levy. (f) The board may issue bonds, in accordance with the Local Government Debt Reform Act, including Section 15 of that Act, against any revenues to be collected from the capital improvement tax in any year or years and may pledge, pursuant to Section 13 of the Local Government Debt Reform Act, those revenues as security for the payment of any such bonds. Section 99. Effective date. This Act takes effect upon becoming law.". Floor Amendment No. 2 remained in the Committee on Rules. Representative O'Brien offered the following amendments and moved their adoption: AMENDMENT NO. 10 TO SENATE BILL 22 AMENDMENT NO. 10. Amend Senate Bill 22, AS AMENDED, by replacing the title with the following: "AN ACT in relation to taxes."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by adding Section 18-181 as follows: (35 ILCS 200/18-181 new) Sec. 18-181. Abatement for newly-constructed base load electric generating stations. Any taxing district that has an assessed valuation for the year 2000, as equalized by the Department of Revenue, that is at least 15% less than its assessed valuation for the year 1999 may, upon a majority vote of its governing authority, contract with the owner of a base load electric generating station with a generating capacity of at least 1,000 megawatts newly-constructed within the taxing district for the abatement of the station's taxes for a period not to exceed 20 years so long as the equalized assessed valuation of the newly-constructed base load electric generating station is equal to or greater than $150,000,000. The abatement may not exceed, over the 20-year term of the contract, 37 1/2% of the taxing district's aggregate taxes from the newly-constructed base load electric generating station. The contract is not effective unless it contains provisions requiring the owner of the newly-constructed base load electric generating station to repay to the taxing district all amounts previously abated, together with interest computed at the rate and in the manner provided for delinquent taxes, in the event that the owner of the newly-constructed base load electric generating station closes the station before the expiration of the contract period. The authorization of taxing districts to contract under this Section shall not apply to any electric generating station with an equalized assessed valuation less than $150,000,000. The authorization of taxing districts to contract under this Section expires on January 1, 2002. Section 99. Effective date. This Act takes effect upon becoming law.".
155 [November 28, 2001] The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 8 and 10 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Currie, SENATE BILL 22 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 111, Yeas; 5, Nays; 0, Answering Present. (ROLL CALL 8) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS HOUSE RESOLUTION 556 was taken up for consideration. Representative Joseph Lyons moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 515 was taken up for consideration. Representative Schoenberg moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, SENATE JOINT RESOLUTION 42 was taken up for consideration. Representative Giles moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 101, Yeas; 14, Nays; 1, Answering Present. (ROLL CALL 9) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. At the hour of 6:30 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, November 29, 2001, at 9:30 o'clock a.m. The motion prevailed. And the House stood adjourned.
[November 28, 2001] 156 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 28, 2001 0 YEAS 0 NAYS 116 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 P 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
157 [November 28, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 647 AERONAUTICS-INTOXICATED CREW ACCEPT AMENDATORY VETO PREVAILED NOV 28, 2001 116 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 Y 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 28, 2001] 158 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 720 BROADCAST INDUSTRY FREE MARKET OVERRIDE TOTAL VETO PREVAILED THREE-FIFTHS VOTE REQUIRED NOV 28, 2001 94 YEAS 22 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ N LEITCH N PERSICO N BEAUBIEN Y FLOWERS N LINDNER Y POE Y BELLOCK Y FORBY N LYONS,EILEEN Y REITZ N BERNS Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD N BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y 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 N HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE N HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL N STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY N TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON Y HULTGREN N MOORE Y WAIT N COWLISHAW Y JEFFERSON Y MORROW Y WINKEL N CROSS N JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY N WIRSING Y CURRIE Y JONES,LOU Y MYERS Y 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 N 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
159 [November 28, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2742 INCOME TAXATION-TECH THIRD READING PASSED NOV 28, 2001 116 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 Y 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 28, 2001] 160 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 694 UTILITIES-TECH THIRD READING PASSED NOV 28, 2001 114 YEAS 1 NAYS 1 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 N 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 Y HULTGREN Y MOORE Y WAIT Y COWLISHAW P 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
161 [November 28, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 88 MUNICIPAL TELECOM TAX ACT THIRD READING PASSED NOV 28, 2001 94 YEAS 21 NAYS 1 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE N BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK N FORBY Y LYONS,EILEEN Y REITZ N BERNS Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BIGGINS N FRANKS Y MATHIAS N RUTHERFORD Y BLACK P FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE N SCHMITZ Y BRADLEY Y GRANBERG N 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 N HOLBROOK N MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON Y HULTGREN Y MOORE N WAIT Y COWLISHAW N JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY N JONES,JOHN Y MURPHY Y WIRSING Y CURRIE Y JONES,LOU Y MYERS Y WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH Y DART Y KLINGLER N O'CONNOR Y YOUNGE Y DAVIS,MONIQUE N KOSEL Y OSMOND N ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU N DURKIN Y LANG E - Denotes Excused Absence
[November 28, 2001] 162 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1174 STATE EMP INSURANCE TECHNICAL THIRD READING PASSED NOV 28, 2001 112 YEAS 4 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N 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 N 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 N 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 Y 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
163 [November 28, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 22 SCHOOLS-BONDS-TAXES-BUILDINGS THIRD READING PASSED NOV 28, 2001 111 YEAS 5 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER N PARKE N 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 N STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON Y HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY N 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 Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 28, 2001] 164 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE JOINT RESOLUTION 42 WAIVER OF SCHOOL CODE MANDATES ADOPTED NOV 28, 2001 101 YEAS 14 NAYS 1 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS N LINDNER Y POE N BELLOCK Y FORBY N LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS N RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN N BOLAND N GARRETT Y MAY Y SAVIANO Y BOST Y GILES N 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 Y 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 Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON N HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON P MORROW N WINKEL Y CROSS N JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY N 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