STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
77TH LEGISLATIVE DAY
THURSDAY, NOVEMBER 29, 2001
9:30 O'CLOCK A.M.
NO. 77
[November 29, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 77th Legislative Day Action Page(s) Adjournment........................................ 118 Change of Sponsorship.............................. 109 Committee on Rules Referrals....................... 6 Fiscal Note Requested.............................. 6 Introduction and First Reading - HB3697-3708....... 109 Quorum Roll Call................................... 4 Recess............................................. 115 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 1829 Committee Report - Concur in SA.................... 106 HB 1829 Concurrence in Senate Amendment/s.................. 113 HB 1903 Motion Submitted................................... 6 HB 1903 Senate Message - Passage w/ SA..................... 38 HB 2296 Committee Report - Concur in SA.................... 106 HB 2296 Concurrence in Senate Amendment/s.................. 115 HB 2296 Motion Submitted................................... 6 HB 2296 Senate Message - Passage w/ SA..................... 42 HB 2299 Committee Report - Concur in SA.................... 106 HB 2299 Concurrence in Senate Amendment/s.................. 114 HB 2665 Senate Message - Passage w/ SA..................... 47 HB 3017 Concurrence in Senate Amendment/s.................. 110 HB 3098 Committee Report - Concur in SA.................... 5 HB 3098 Concurrence in Senate Amendment/s.................. 113 HB 3098 Motion Submitted................................... 6 HB 3188 Conference Committee Report Submitted - Conference Committee Report on.107 HB 3188 First Conference Committee Report.................. 114 HB 3188 First Conf. Com. Rept. Lost........................ 114 HB 3188 Motion............................................. 115 HB 3188 Motion Submitted................................... 6 HB 3247 Adopt First Conference Committee Report............ 112 HB 3314 Committee Report................................... 5 HB 3314 Committee Report - Concur in SA.................... 5 HB 3426 Committee Report - Concur in SA.................... 5 HB 3426 Concurrence in Senate Amendment/s.................. 116 HB 3426 Motion Submitted................................... 6 HB 3426 Senate Message - Passage w/ SA..................... 53 HR 0445 Adoption........................................... 115 HR 0484 Adoption........................................... 115 HR 0514 Adoption........................................... 115 HR 0516 Adoption........................................... 115 HR 0517 Adoption........................................... 115 HR 0518 Adoption........................................... 115 HR 0519 Adoption........................................... 115 HR 0520 Adoption........................................... 115 HR 0521 Adoption........................................... 115 HR 0523 Adoption........................................... 115 HR 0524 Adoption........................................... 115 HR 0526 Adoption........................................... 115 HR 0528 Adoption........................................... 115 HR 0530 Adoption........................................... 115 HR 0531 Adoption........................................... 115 HR 0532 Adoption........................................... 115 HR 0533 Adoption........................................... 115 HR 0536 Adoption........................................... 115 HR 0537 Adoption........................................... 115
3 [November 29, 2001] Bill Number Legislative Action Page(s) HR 0539 Adoption........................................... 115 HR 0540 Adoption........................................... 115 HR 0543 Adoption........................................... 115 HR 0544 Adoption........................................... 112 HR 0545 Adoption........................................... 115 HR 0548 Adoption........................................... 115 HR 0549 Adoption........................................... 115 HR 0550 Adoption........................................... 115 HR 0551 Adoption........................................... 115 HR 0552 Adoption........................................... 115 HR 0553 Adoption........................................... 115 HR 0554 Adoption........................................... 115 HR 0555 Adoption........................................... 115 HR 0557 Adoption........................................... 115 HR 0558 Adoption........................................... 115 HR 0560 Adoption........................................... 115 HR 0563 Adoption........................................... 115 HR 0564 Adoption........................................... 115 HR 0566 Adoption........................................... 115 HR 0567 Adoption........................................... 115 HR 0568 Adoption........................................... 115 HR 0569 Adoption........................................... 114 HR 0569 Committee Report................................... 5 HR 0569 Resolution......................................... 114 HR 0571 Adoption........................................... 115 HR 0573 Adoption........................................... 113 HR 0573 Committee Report................................... 5 HR 0573 Resolution......................................... 110 HR 0574 Adoption........................................... 115 HR 0575 Adoption........................................... 115 HR 0575 Committee Report................................... 5 HR 0575 Resolution......................................... 110 HR 0576 Adoption........................................... 115 HR 0577 Adoption........................................... 115 HR 0578 Adoption........................................... 115 HR 0580 Adoption........................................... 116 HR 0580 Committee Report................................... 5 SB 0175 Amendatory Veto.................................... 112 SB 0397 Adopt First Conference Committee Report............ 116 SB 0397 Conference Committee Report Submitted - Conference Committee Report on.108 SB 0758 Committee Report-Floor Amendment/s................. 5 SB 0758 Second Reading - Amendment/s....................... 111 SB 0758 Third Reading...................................... 111 SB 1089 Second Reading - Amendment/s....................... 112 SB 1089 Third Reading...................................... 113 SB 1233 Senate Message - Passage of Senate Bill............ 7 SB 1261 Senate Message - Passage of Senate Bill............ 7 SB 1264 Third Reading...................................... 110 SB 1269 Third Reading...................................... 110 SJ4 0005 Senate Message..................................... 117
[November 29, 2001] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Hartke led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Lou Jones and Kenner were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Tenhouse will replace Representative Biggins in the Committee on Executive, for today only. Representative Cowlishaw replaced Representative Beaubien, and Representative Osmond replaced Representative Moore in the Committee on Revenue on November 28, 2001. Representative Johnson replaced Representative Pankau, and Representative Schmitz replaced Representative Biggins in the Committee on Executive on November 28, 2001. Representative Bost replaced Representative Beaubien, and Representative Tenhouse replaced Representative Poe in the Committee on Personnel & Pensions on November 28, 2001. Representative Osmond replaced Representative Poe in the Committee on Executive on November 27, 2001. Representative Shirley Jones replaced Representative Lou Jones in the Committee on Executive on November 28, 2001. Representative Colvin replaced Representative Bugielski, Representative Howard replaced Representative Lou Jones, and Representative Hartke replaced Representative Capparelli in the Committee on Executive on November 29, 2001. Representative Dart replaced Representative Granberg, Representative Brunsvold replaced Representative Steve Davis, and Representative Hannig replaced Representative Stroger in the Committee on Personnel & Pensions on November 28, 2001. Representative Cross replaced Representative Tenhouse, and Representative Lang replaced Representative Art Turner in the Committee on Rules on November 27, 2001. Representative Mautino replaced Representative Lou Jones, and Representative Fowler replaced Representative Brosnahan in the Committee on Judiciary II-Criminal Law on November 29, 2001. Representative McCarthy replaced Representative Mautino, Representative Boland replaced Representative McGuire, and Representative Lou Jones replaced Representative Erwin in the Committee on Tourism on November 28, 2001. Representative Hartke replaced Representative Granberg, Representative Lang replaced Representative Art Turner, Representative Mautino replaced Representative Kenner, Representative Brunsvold replaced Representative Granberg, and Representative Boland replaced Representative Kenner in the Committee on Revenue on November 27, 2001. Representative O'Brien replaced Representative Kenner in the Committee on Revenue on November 28, 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 Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House
5 [November 29, 2001] Calendar: First Conference Committee Report to HOUSE BILL 3188. 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 3098. 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 resolutions be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTIONS 573 and 575. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 758. That the bill be reported "recommends be adopted": HOUSE BILL 3314. 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 3314. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 569. The committee roll call vote on the foregoing Legislative Measure 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 resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 580. 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 (Cowlishaw) Y Turner, Art That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 2 to HOUSE BILL 3426. The committee roll call vote on the foregoing Legislative Measure is as follows: 3, Yeas; 0, Nays; 0, Answering Present.
[November 29, 2001] 6 Y Currie, Chair Vacant Y Hannig Y Tenhouse, Spkpn A 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 Aging: FIRST CONFERENCE COMMITTEE REPORT TO SENATE BILL 397. Committee on Judiciary II-Criminal Law: Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 2296. MOTIONS SUBMITTED Representative Mathias submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which the First Conference Committee Report to House Bill No. 3188 failed in the House, earlier today. JOINT ACTION MOTIONS SUBMITTED Representative Dart 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 3098. Representative Hultgren 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 2296. Representative Osmond 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, 4 and 5 to HOUSE BILL 1903. 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 3426. REQUEST FOR FISCAL NOTE Representative Yarbrough requested that a Fiscal Note be supplied for HOUSE BILL 3699. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of
7 [November 29, 2001] Representatives, to-wit: SENATE BILL NO. 1233 A bill for AN ACT concerning juveniles. Passed by the Senate, November 29, 2001. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1233 was ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE BILL NO. 1261 A bill for AN ACT in relation to State government. Passed by the Senate, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 1261 was ordered printed and to a First Reading. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1903 A bill for AN ACT concerning banking. 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. 1903. Senate Amendment No. 2 to HOUSE BILL NO. 1903. Senate Amendment No. 3 to HOUSE BILL NO. 1903. Senate Amendment No. 4 to HOUSE BILL NO. 1903. Senate Amendment No. 5 to HOUSE BILL NO. 1903. Passed the Senate, as amended, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1903 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Banking Act is amended by changing Sections 32, 35.1, and 48.1 as follows: (205 ILCS 5/32) (from Ch. 17, par. 339) Sec. 32. Basic loaning limits. The liabilities outstanding at one
[November 29, 2001] 8 time to a state bank of a person for money borrowed, including the liabilities of a partnership or joint venture in the liabilities of the several members thereof, shall not exceed 25% of the amount of the unimpaired capital and unimpaired surplus of the bank. The liabilities to any state bank of a person may exceed 25% of the unimpaired capital and unimpaired surplus of the bank, provided that (i) the excess amount from time to time outstanding is fully secured by readily marketable collateral having a market value, as determined by reliable and continuously available quotations, at least equal to the excess amount outstanding; and (ii) the total liabilities shall not exceed 30% of the unimpaired capital and unimpaired surplus of the bank. The following shall not be considered as money borrowed within the meaning of this Section: (1) The purchase or discount of bills of exchange drawn in good faith against actually existing values. (2) The purchase or discount of commercial or business paper actually owned by the person negotiating the same. (3) The purchase of or loaning money in exchange for evidences of indebtedness which shall be secured by mortgage or trust deed upon productive real estate the value of which, as ascertained by the oath of 2 qualified appraisers, neither of whom shall be an officer, director, or employee of the bank or of any subsidiary or affiliate of the bank, is double the amount of the principal debt secured at the time of the original purchase of evidence of indebtedness or loan of money and which is still double the amount of the principal debt secured at the time of any renewal of the indebtedness or loan, and which mortgage or trust deed is shown, either by a guaranty policy of a title guaranty company approved by the Commissioner or by a registrar's certificate of title in any county having adopted the provisions of the Registered Titles (Torrens) Act, or by the opinion of an attorney-at-law, to be a first lien upon the real estate therein described, and real estate shall not be deemed to be encumbered within the meaning of this subsection (3) by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in wells, building restrictions or other restrictive covenants, nor by reason of the fact it is subject to lease under which rents or profits are reserved by the owners. (4) The purchase of marketable investment securities. (5) The liability to a state bank of a person who is an accommodation party to, or guarantor of payment for, any evidence of indebtedness of another person who obtains a loan from or discounts paper with or sells paper to the state bank; but the total liability to a state bank of a person as an accommodation party or guarantor of payment in respect of such evidences of indebtedness shall not exceed 25%
9 [November 29, 2001] shall thereafter for the purpose of determining whether subsequent transactions giving rise to additional liability of the person to the state bank for borrowed money or otherwise are within the limitations of Sections 32 through 34 of this Act, be included in computing the amount of liabilities of the person for borrowed money or otherwise. The liability of a person to a state bank on account of acceptances made or issued by the state bank on behalf of the person shall be included in the computation of the total liabilities of the person for money borrowed except to the extent the acceptances grow out of transactions of the character described in subsection (6) of Section 34 of this Act and are otherwise within the limitations of that subsection; provided nevertheless that any such excepted acceptances acquired by the state bank which accepted the same shall be included in the computation of the liabilities of the person to the state bank for money borrowed. (Source: P.A. 92-336, eff. 8-10-01.) (205 ILCS 5/35.1) (from Ch. 17, par. 344) Sec. 35.1. Lease limitations. In exercise of the power conferred by paragraph (14) of Section 5 of this Act to own and lease personal property, a state bank shall be subject to the following limitations and restrictions in addition to those contained in that paragraph: (a) The unamortized investment of the bank in personal property subject to any lease or series of leases which is or are the responsibility of a person shall not, when added to any liability of such person for money borrowed, exceed 25%
[November 29, 2001] 10 business between a bank and its customer, including financial statements or other financial information provided by the customer. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a bank having custody of the records, or the examination of the records by a certified public accountant engaged by the bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a bank to, any officer, employee or agent of (i) the Commissioner of Banks and Real Estate, (ii) after May 31, 1997, a state regulatory authority authorized to examine a branch of a State bank located in another state, (iii) the Comptroller of the Currency, (iv) the Federal Reserve Board, or (v) the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to customers where the data cannot be identified to any particular customer or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a bank and other banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a bank and other banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the bank or assets or liabilities of the bank. (7) The furnishing of information to the appropriate law enforcement authorities where the bank reasonably believes it has been the victim of a crime. (8) The furnishing of information under the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information under the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information under the federal Currency and Foreign Transactions Reporting Act Title 31, United States Code, Section 1051 et seq. (11) The furnishing of information under any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The furnishing of information about the existence of an account of a person to a judgment creditor of that person who has made a written request for that information. (13) The exchange in the regular course of business of information between commonly owned banks in connection with a transaction authorized under paragraph (23) of Section 5 and conducted at an affiliate facility. (14) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the bank a reasonable fee not to exceed its actual cost incurred. A bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does
11 [November 29, 2001] not constitute gross negligence or willful misconduct. A bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (15) The exchange in the regular course of business of information between a bank and any commonly owned affiliate of the bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (16), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A bank or person furnishing information pursuant to this item (16) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (17) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the customer, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the customer; (B) maintaining or servicing a customer's account with the bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a customer. Nothing in this item (17), however, authorizes the sale of the financial records or information of a customer without the consent of the customer. (18) The disclosure of financial records or information as necessary to protect against actual or potential fraud, unauthorized transactions, claims, or other liability. (19) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his or her official duties. (c) Except as otherwise provided by this Act, a bank may not disclose to any person, except to the customer or his duly authorized agent, any financial records or financial information obtained from financial records relating to that customer of that bank unless: (1) the customer has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order which meets the requirements of subsection (d) of this Section; or (3) the bank is attempting to collect an obligation owed to the bank and the bank complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act.
[November 29, 2001] 12 (d) A bank shall disclose financial records under paragraph (2) of subsection (c) of this Section under a lawful subpoena, summons, warrant, or court order only after the bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the bank, if living, and, otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law. A bank shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act. (e) Any officer or employee of a bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (f) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) A bank shall be reimbursed for costs that are reasonably necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, or court order. The Commissioner shall determine the rates and conditions under which payment may be made. (Source: P.A. 91-330, eff. 7-29-99; 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 10. The Illinois Savings and Loan Act of 1985 is amended by changing Section 3-8 as follows: (205 ILCS 105/3-8) (from Ch. 17, par. 3303-8) Sec. 3-8. Access to books and records; communication with members. (a) Every member or holder of capital shall have the right to inspect the books and records of the association that pertain to his account. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records or shall be entitled to a list of the members. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (i) a document granting signature authority over a deposit or account; (ii) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (iii) a check, draft, or money order drawn on an association or issued and payable by an association; or (iv) any other item containing information pertaining to any relationship established in the ordinary course of an association's business between an association and its customer, including financial statements or other financial information provided by the member or holder of capital. (c) This Section does not prohibit: (1) The preparation, examination, handling, or maintenance of any financial records by any officer, employee, or agent of an association having custody of those records or the examination of those records by a certified public accountant engaged by the association to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by an association to, any officer, employee, or agent of the Commissioner of Banks and Real Estate, Federal Savings and Loan Insurance Corporation and its successors, Federal Deposit Insurance Corporation, Resolution Trust Corporation and its successors, Federal Home Loan Bank Board and its successors, Office of Thrift Supervision, Federal Housing Finance Board, Board of Governors of the Federal Reserve System, any Federal Reserve Bank, or the Office of the Comptroller of the Currency for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records
13 [November 29, 2001] relating to members or holders of capital where the data cannot be identified to any particular member, holder of capital, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between an association and other associations or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between an association and other associations or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the association or assets or liabilities of the association. (7) The furnishing of information to the appropriate law enforcement authorities where the association reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The exchange of information between an association and an affiliate of the association; as used in this item, "affiliate" includes any company, partnership, or organization that controls, is controlled by, or is under common control with an association. (13) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any association governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the association a reasonable fee not to exceed its actual cost incurred. An association providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the association in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. An association shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (14) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the association suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (14), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the association to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue
[November 29, 2001] 14 influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. An association or person furnishing information pursuant to this item (14) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (15) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the association; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (15), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his or her official duties. (d) An association may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or holder of capital of that association unless: (1) The member or holder of capital has authorized disclosure to the person; or (2) The financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) An association shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the association mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the association, if living, and, otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the association is specifically prohibited from notifying that person by order of court. (f) (1) Any officer or employee of an association who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (2) Any person who knowingly and willfully induces or attempts to induce any officer or employee of an association to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) However, if any member desires to communicate with the other members of the association with reference to any question pending or to be presented at a meeting of the members, the association shall give him upon request a statement of the approximate number of members entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member then shall submit the communication to the Commissioner who, if he finds it
15 [November 29, 2001] to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's payment or adequate provision for payment of the expenses of preparation and mailing. (h) An association shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 15. The Savings Bank Act is amended by changing Section 4013 as follows: (205 ILCS 205/4013) (from Ch. 17, par. 7304-13) Sec. 4013. Access to books and records; communication with members and shareholders. (a) Every member or shareholder shall have the right to inspect books and records of the savings bank that pertain to his accounts. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records nor shall be entitled to a list of the members or shareholders. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over a deposit or account; (2) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (3) a check, draft, or money order drawn on a savings bank or issued and payable by a savings bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a savings bank's business between a savings bank and its customer, including financial statements or other financial information provided by the member or shareholder. (c) This Section does not prohibit: (1) The preparation examination, handling, or maintenance of any financial records by any officer, employee, or agent of a savings bank having custody of records or examination of records by a certified public accountant engaged by the savings bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a savings bank to, any officer, employee, or agent of the Commissioner of Banks and Real Estate or the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, shareholder, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a savings bank and other savings banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a savings bank and other savings banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the savings bank or assets or liabilities of the savings bank. (7) The furnishing of information to the appropriate law enforcement authorities where the savings bank reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping
[November 29, 2001] 16 Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any savings bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the savings bank a reasonable fee not to exceed its actual cost incurred. A savings bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the savings bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A savings bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the savings bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the savings bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A savings bank or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the savings bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (15) The exchange in the regular course of business of information between a savings bank and any commonly owned affiliate of the savings bank, subject to the provisions of the Financial Institutions Insurance Sales Law.
17 [November 29, 2001] (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his or her official duties. (d) A savings bank may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or shareholder of the savings bank unless: (1) the member or shareholder has authorized disclosure to the person; or (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) A savings bank shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the savings bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the savings bank, if living, and otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the savings bank is specifically prohibited from notifying the person by order of court. (f) Any officer or employee of a savings bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a savings bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (h) If any member or shareholder desires to communicate with the other members or shareholders of the savings bank with reference to any question pending or to be presented at an annual or special meeting, the savings bank shall give that person, upon request, a statement of the approximate number of members or shareholders entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member shall submit the communication to the Commissioner who, upon finding it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's or shareholder's payment or adequate provision for payment of the expenses of preparation and mailing. (i) A savings bank shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (j) Notwithstanding the provisions of this Section, a savings bank may sell or otherwise make use of lists of customers' names and addresses. All other information regarding a customer's account are subject to the disclosure provisions of this Section. At the request of any customer, that customer's name and address shall be deleted from any list that is to be sold or used in any other manner beyond identification of the customer's accounts. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 20. The Illinois Credit Union Act is amended by changing Section 10 as follows: (205 ILCS 305/10) (from Ch. 17, par. 4411) Sec. 10. Credit union records; member financial records. (1) A credit union shall establish and maintain books, records,
[November 29, 2001] 18 accounting systems and procedures which accurately reflect its operations and which enable the Department to readily ascertain the true financial condition of the credit union and whether it is complying with this Act. (2) A photostatic or photographic reproduction of any credit union records shall be admissible as evidence of transactions with the credit union. (3) (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over an account, (2) a statement, ledger card or other record on any account which shows each transaction in or with respect to that account, (3) a check, draft or money order drawn on a financial institution or other entity or issued and payable by or through a financial institution or other entity, or (4) any other item containing information pertaining to any relationship established in the ordinary course of business between a credit union and its member, including financial statements or other financial information provided by the member. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a credit union having custody of such records, or the examination of such records by a certified public accountant engaged by the credit union to perform an independent audit. (2) The examination of any financial records by or the furnishing of financial records by a credit union to any officer, employee or agent of the Department, the National Credit Union Administration, Federal Reserve board or any insurer of share accounts for use solely in the exercise of his duties as an officer, employee or agent. (3) The publication of data furnished from financial records relating to members where the data cannot be identified to any particular customer of account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1954. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a credit union and other credit unions or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a credit union and other credit unions or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a merger or a purchase or sale of assets or liabilities of the credit union. (7) The furnishing of information to the appropriate law enforcement authorities where the credit union reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", Title 31, United States Code, Section 1051 et sequentia. (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity
19 [November 29, 2001] Reconciliation Act of 1996. Any credit union governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the credit union a reasonable fee not to exceed its actual cost incurred. A credit union providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the credit union in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A credit union shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the credit union suspects that a member who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A credit union or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member; (B) maintaining or servicing a member's account with the credit union; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member without the consent of the member. (15) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (16) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his or her official duties. (c) Except as otherwise provided by this Act, a credit union
[November 29, 2001] 20 may not disclose to any person, except to the member or his duly authorized agent, any financial records relating to that member of the credit union unless: (1) the member has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order that meets the requirements of subparagraph (d) of this Section; or (3) the credit union is attempting to collect an obligation owed to the credit union and the credit union complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A credit union shall disclose financial records under subparagraph (c)(2) of this Section pursuant to a lawful subpoena, summons, warrant or court order only after the credit union mails a copy of the subpoena, summons, warrant or court order to the person establishing the relationship with the credit union, if living, and otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid unless the credit union is specifically prohibited from notifying the person by order of court or by applicable State or federal law. In the case of a grand jury subpoena, a credit union shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act or notifying the person would constitute a violation of the federal Right to Financial Privacy Act of 1978. (e) (1) Any officer or employee of a credit union who knowingly and wilfully furnishes financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (2) Any person who knowingly and wilfully induces or attempts to induce any officer or employee of a credit union to disclose financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (f) A credit union shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing or transporting books, papers, records or other data of a member required or requested to be produced pursuant to a lawful subpoena, summons, warrant or court order. The Director may determine, by rule, the rates and conditions under which payment shall be made. Delivery of requested documents may be delayed until final reimbursement of all costs is received. (Source: P.A. 91-929, eff. 12-15-00; 92-293, eff. 8-9-01; 92-483, eff. 8-23-01.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1903, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 11, line 17, by changing "Section 3-8" to "Sections 3-8 and 7-19.1"; and on page 17 by inserting immediately below line 24 the following: "(205 ILCS 105/7-19.1) (from Ch. 17, par. 3307-19.1) Sec. 7-19.1. Savings and Residential Finance Regulatory Fund. (a) The aggregate of all fees collected by the Commissioner under this Act shall be paid promptly after receipt of the same, accompanied by a detailed statement thereof, into the State treasury and shall be set apart in the Savings and Residential Finance Regulatory Fund, a special fund hereby created in the State treasury. The amounts deposited into the Fund shall be used for the ordinary and contingent expenses of the Office of Banks and Real Estate. Nothing in this Act shall prevent continuing the practice of paying expenses involving salaries, retirement, social security, and State-paid insurance of State officers by appropriation from the General Revenue Fund. (b) Moneys in the Savings and Residential Finance Regulatory Fund may not be appropriated, assigned, or transferred to another State fund. The moneys in the Fund shall be for the sole benefit of the
21 [November 29, 2001] institutions assessed. (c) All earnings received from investments of funds in the Savings and Residential Finance Regulatory Fund shall be deposited into the Savings and Residential Finance Regulatory Fund and may be used for the same purposes as fees deposited into that Fund. (Source: P.A. 88-579, eff. 8-12-94; 89-508, eff. 7-3-96.)". AMENDMENT NO. 3. Amend House Bill 1903, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 10 by inserting immediately below line 3 the following: "(20) (a) The disclosure of financial records or information related to that private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (20) of subsection (b) of Section 48.1, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (20) of subsection (b) of Section 48.l, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider."; and on page 16 by inserting immediately below line 10 the following: "(18) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (18) of subsection (c) of Section 3-8, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (18) of subsection (c) of Section 3-8, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider."; and on page 22 by inserting immediately below line 14 the following: "(18) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (18) of subsection (c) of Section 4013, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (18) of subsection (c) of Section 4013, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider."; and
[November 29, 2001] 22 on page 28 by inserting immediately below line 27 the following: "(17) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (17) of subsection (b) of Section 10, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (17) of subsection (b) of Section 10, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider.". AMENDMENT NO. 4. Amend House Bill 1903 by replacing all of Section 5 of the bill with the following: "Section 5. The Illinois Banking Act is amended by changing Sections 32 and 35.1 as follows: (205 ILCS 5/32) (from Ch. 17, par. 339) Sec. 32. Basic loaning limits. The liabilities outstanding at one time to a state bank of a person for money borrowed, including the liabilities of a partnership or joint venture in the liabilities of the several members thereof, shall not exceed 25% of the amount of the unimpaired capital and unimpaired surplus of the bank. The liabilities to any state bank of a person may exceed 25% of the unimpaired capital and unimpaired surplus of the bank, provided that (i) the excess amount from time to time outstanding is fully secured by readily marketable collateral having a market value, as determined by reliable and continuously available quotations, at least equal to the excess amount outstanding; and (ii) the total liabilities shall not exceed 30% of the unimpaired capital and unimpaired surplus of the bank. The following shall not be considered as money borrowed within the meaning of this Section: (1) The purchase or discount of bills of exchange drawn in good faith against actually existing values. (2) The purchase or discount of commercial or business paper actually owned by the person negotiating the same. (3) The purchase of or loaning money in exchange for evidences of indebtedness which shall be secured by mortgage or trust deed upon productive real estate the value of which, as ascertained by the oath of 2 qualified appraisers, neither of whom shall be an officer, director, or employee of the bank or of any subsidiary or affiliate of the bank, is double the amount of the principal debt secured at the time of the original purchase of evidence of indebtedness or loan of money and which is still double the amount of the principal debt secured at the time of any renewal of the indebtedness or loan, and which mortgage or trust deed is shown, either by a guaranty policy of a title guaranty company approved by the Commissioner or by a registrar's certificate of title in any county having adopted the provisions of the Registered Titles (Torrens) Act, or by the opinion of an attorney-at-law, to be a first lien upon the real estate therein described, and real estate shall not be deemed to be encumbered within the meaning of this subsection (3) by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in wells, building restrictions or other restrictive covenants, nor by reason of the fact it is subject to lease under which rents or profits are reserved by the owners. (4) The purchase of marketable investment securities.
23 [November 29, 2001] (5) The liability to a state bank of a person who is an accommodation party to, or guarantor of payment for, any evidence of indebtedness of another person who obtains a loan from or discounts paper with or sells paper to the state bank; but the total liability to a state bank of a person as an accommodation party or guarantor of payment in respect of such evidences of indebtedness shall not exceed 25%
[November 29, 2001] 24 replacement, in the event of loss, theft or destruction of or damage to such property from any cause other than a wilful act of the bank. The limitations and restrictions set forth in paragraphs (a), (b) and (c) above shall apply and be complied with even though such owning and leasing is carried on by the bank, in whole or in part, through the medium of a subsidiary as permitted by paragraph (12) of Section 5 of this Act. In the event a state bank acquires by purchase or discount a lease, or the sums due and to become due thereunder, of personal property made by a lessor other than the bank or such a subsidiary, paragraph (b) of this Section 35.1 shall also apply to the obligation of the lessee under such lease. (Source: P.A. 88-546.)". AMENDMENT NO. 5. Amend House Bill 1903, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Illinois Banking Act is amended by changing Sections 32, 35.1, and 48.1 as follows: (205 ILCS 5/32) (from Ch. 17, par. 339) Sec. 32. Basic loaning limits. The liabilities outstanding at one time to a state bank of a person for money borrowed, including the liabilities of a partnership or joint venture in the liabilities of the several members thereof, shall not exceed 25% of the amount of the unimpaired capital and unimpaired surplus of the bank. The liabilities to any state bank of a person may exceed 25% of the unimpaired capital and unimpaired surplus of the bank, provided that (i) the excess amount from time to time outstanding is fully secured by readily marketable collateral having a market value, as determined by reliable and continuously available quotations, at least equal to the excess amount outstanding; and (ii) the total liabilities shall not exceed 30% of the unimpaired capital and unimpaired surplus of the bank. The following shall not be considered as money borrowed within the meaning of this Section: (1) The purchase or discount of bills of exchange drawn in good faith against actually existing values. (2) The purchase or discount of commercial or business paper actually owned by the person negotiating the same. (3) The purchase of or loaning money in exchange for evidences of indebtedness which shall be secured by mortgage or trust deed upon productive real estate the value of which, as ascertained by the oath of 2 qualified appraisers, neither of whom shall be an officer, director, or employee of the bank or of any subsidiary or affiliate of the bank, is double the amount of the principal debt secured at the time of the original purchase of evidence of indebtedness or loan of money and which is still double the amount of the principal debt secured at the time of any renewal of the indebtedness or loan, and which mortgage or trust deed is shown, either by a guaranty policy of a title guaranty company approved by the Commissioner or by a registrar's certificate of title in any county having adopted the provisions of the Registered Titles (Torrens) Act, or by the opinion of an attorney-at-law, to be a first lien upon the real estate therein described, and real estate shall not be deemed to be encumbered within the meaning of this subsection (3) by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in wells, building restrictions or other restrictive covenants, nor by reason of the fact it is subject to lease under which rents or profits are reserved by the owners. (4) The purchase of marketable investment securities. (5) The liability to a state bank of a person who is an accommodation party to, or guarantor of payment for, any evidence of indebtedness of another person who obtains a loan from or discounts paper with or sells paper to the state bank; but the total liability to a state bank of a person as an accommodation party or guarantor of payment in respect of such evidences of
25 [November 29, 2001] indebtedness shall not exceed 25%
[November 29, 2001] 26 this Act. In the event a state bank acquires by purchase or discount a lease, or the sums due and to become due thereunder, of personal property made by a lessor other than the bank or such a subsidiary, paragraph (b) of this Section 35.1 shall also apply to the obligation of the lessee under such lease. (Source: P.A. 88-546.) (205 ILCS 5/48.1) (from Ch. 17, par. 360) Sec. 48.1. Customer financial records; confidentiality. (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of: (1) a document granting signature authority over a deposit or account; (2) a statement, ledger card or other record on any deposit or account, which shows each transaction in or with respect to that account; (3) a check, draft or money order drawn on a bank or issued and payable by a bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a bank's business between a bank and its customer, including financial statements or other financial information provided by the customer. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a bank having custody of the records, or the examination of the records by a certified public accountant engaged by the bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a bank to, any officer, employee or agent of (i) the Commissioner of Banks and Real Estate, (ii) after May 31, 1997, a state regulatory authority authorized to examine a branch of a State bank located in another state, (iii) the Comptroller of the Currency, (iv) the Federal Reserve Board, or (v) the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to customers where the data cannot be identified to any particular customer or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a bank and other banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a bank and other banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the bank or assets or liabilities of the bank. (7) The furnishing of information to the appropriate law enforcement authorities where the bank reasonably believes it has been the victim of a crime. (8) The furnishing of information under the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information under the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information under the federal Currency and Foreign Transactions Reporting Act Title 31, United States Code, Section 1051 et seq. (11) The furnishing of information under any other statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena,
27 [November 29, 2001] summons, warrant, or court order. (12) The furnishing of information about the existence of an account of a person to a judgment creditor of that person who has made a written request for that information. (13) The exchange in the regular course of business of information between commonly owned banks in connection with a transaction authorized under paragraph (23) of Section 5 and conducted at an affiliate facility. (14) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the bank a reasonable fee not to exceed its actual cost incurred. A bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (15) The exchange in the regular course of business of information between a bank and any commonly owned affiliate of the bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (16), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A bank or person furnishing information pursuant to this item (16) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (17) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the customer, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the customer; (B) maintaining or servicing a customer's account with the bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a customer. Nothing in this item (17), however, authorizes the sale of the financial records or information of a customer without the consent of the customer. (18) The disclosure of financial records or information as necessary to protect against actual or potential fraud, unauthorized transactions, claims, or other liability.
[November 29, 2001] 28 (19) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (20) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (20) of subsection (b) of Section 48.1, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (20) of subsection (b) of Section 48.l, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (c) Except as otherwise provided by this Act, a bank may not disclose to any person, except to the customer or his duly authorized agent, any financial records or financial information obtained from financial records relating to that customer of that bank unless: (1) the customer has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order which meets the requirements of subsection (d) of this Section; or (3) the bank is attempting to collect an obligation owed to the bank and the bank complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A bank shall disclose financial records under paragraph (2) of subsection (c) of this Section under a lawful subpoena, summons, warrant, or court order only after the bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the bank, if living, and, otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law. A bank shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act. (e) Any officer or employee of a bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (f) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) A bank shall be reimbursed for costs that are reasonably necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required or requested to be produced pursuant to a lawful subpoena, summons, warrant, or court order. The Commissioner shall determine the rates and conditions under which payment may be made. (Source: P.A. 91-330, eff. 7-29-99; 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 10. The Illinois Savings and Loan Act of 1985 is amended
29 [November 29, 2001] by changing Sections 3-8 and 7-19.1 as follows: (205 ILCS 105/3-8) (from Ch. 17, par. 3303-8) Sec. 3-8. Access to books and records; communication with members. (a) Every member or holder of capital shall have the right to inspect the books and records of the association that pertain to his account. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records or shall be entitled to a list of the members. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (i) a document granting signature authority over a deposit or account; (ii) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (iii) a check, draft, or money order drawn on an association or issued and payable by an association; or (iv) any other item containing information pertaining to any relationship established in the ordinary course of an association's business between an association and its customer, including financial statements or other financial information provided by the member or holder of capital. (c) This Section does not prohibit: (1) The preparation, examination, handling, or maintenance of any financial records by any officer, employee, or agent of an association having custody of those records or the examination of those records by a certified public accountant engaged by the association to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by an association to, any officer, employee, or agent of the Commissioner of Banks and Real Estate, Federal Savings and Loan Insurance Corporation and its successors, Federal Deposit Insurance Corporation, Resolution Trust Corporation and its successors, Federal Home Loan Bank Board and its successors, Office of Thrift Supervision, Federal Housing Finance Board, Board of Governors of the Federal Reserve System, any Federal Reserve Bank, or the Office of the Comptroller of the Currency for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, holder of capital, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between an association and other associations or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between an association and other associations or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the association or assets or liabilities of the association. (7) The furnishing of information to the appropriate law enforcement authorities where the association reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other
[November 29, 2001] 30 statute that by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The exchange of information between an association and an affiliate of the association; as used in this item, "affiliate" includes any company, partnership, or organization that controls, is controlled by, or is under common control with an association. (13) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any association governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the association a reasonable fee not to exceed its actual cost incurred. An association providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the association in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. An association shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (14) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the association suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (14), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the association to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. An association or person furnishing information pursuant to this item (14) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (15) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or holder of capital with the association; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (15), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters
31 [November 29, 2001] involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (18) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (18) of subsection (c) of Section 3-8, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (18) of subsection (c) of Section 3-8, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (d) An association may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or holder of capital of that association unless: (1) The member or holder of capital has authorized disclosure to the person; or (2) The financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) An association shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the association mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the association, if living, and, otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the association is specifically prohibited from notifying that person by order of court. (f) (1) Any officer or employee of an association who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (2) Any person who knowingly and willfully induces or attempts to induce any officer or employee of an association to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) However, if any member desires to communicate with the other members of the association with reference to any question pending or to be presented at a meeting of the members, the association shall give him upon request a statement of the approximate number of members entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member then shall submit the communication to the Commissioner who, if he finds it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's payment or adequate provision for payment of the expenses of preparation and mailing. (h) An association shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) (205 ILCS 105/7-19.1) (from Ch. 17, par. 3307-19.1)
[November 29, 2001] 32 Sec. 7-19.1. Savings and Residential Finance Regulatory Fund. (a) The aggregate of all fees collected by the Commissioner under this Act shall be paid promptly after receipt of the same, accompanied by a detailed statement thereof, into the State treasury and shall be set apart in the Savings and Residential Finance Regulatory Fund, a special fund hereby created in the State treasury. The amounts deposited into the Fund shall be used for the ordinary and contingent expenses of the Office of Banks and Real Estate. Nothing in this Act shall prevent continuing the practice of paying expenses involving salaries, retirement, social security, and State-paid insurance of State officers by appropriation from the General Revenue Fund. (b) Moneys in the Savings and Residential Finance Regulatory Fund may not be appropriated, assigned, or transferred to another State fund. The moneys in the Fund shall be for the sole benefit of the institutions assessed. (c) All earnings received from investments of funds in the Savings and Residential Finance Regulatory Fund shall be deposited into the Savings and Residential Finance Regulatory Fund and may be used for the same purposes as fees deposited into that Fund. (Source: P.A. 88-579, eff. 8-12-94; 89-508, eff. 7-3-96.) Section 15. The Savings Bank Act is amended by changing Section 4013 as follows: (205 ILCS 205/4013) (from Ch. 17, par. 7304-13) Sec. 4013. Access to books and records; communication with members and shareholders. (a) Every member or shareholder shall have the right to inspect books and records of the savings bank that pertain to his accounts. Otherwise, the right of inspection and examination of the books and records shall be limited as provided in this Act, and no other person shall have access to the books and records nor shall be entitled to a list of the members or shareholders. (b) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over a deposit or account; (2) a statement, ledger card, or other record on any deposit or account that shows each transaction in or with respect to that account; (3) a check, draft, or money order drawn on a savings bank or issued and payable by a savings bank; or (4) any other item containing information pertaining to any relationship established in the ordinary course of a savings bank's business between a savings bank and its customer, including financial statements or other financial information provided by the member or shareholder. (c) This Section does not prohibit: (1) The preparation examination, handling, or maintenance of any financial records by any officer, employee, or agent of a savings bank having custody of records or examination of records by a certified public accountant engaged by the savings bank to perform an independent audit. (2) The examination of any financial records by, or the furnishing of financial records by a savings bank to, any officer, employee, or agent of the Commissioner of Banks and Real Estate or the Federal Deposit Insurance Corporation for use solely in the exercise of his duties as an officer, employee, or agent. (3) The publication of data furnished from financial records relating to members or holders of capital where the data cannot be identified to any particular member, shareholder, or account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1986. (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a savings bank and other savings banks or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a savings bank
33 [November 29, 2001] and other savings banks or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a purchase or sale involving the savings bank or assets or liabilities of the savings bank. (7) The furnishing of information to the appropriate law enforcement authorities where the savings bank reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", (Title 31, United States Code, Section 1051 et seq.). (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant, or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any savings bank governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the savings bank a reasonable fee not to exceed its actual cost incurred. A savings bank providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the savings bank in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A savings bank shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the savings bank suspects that a customer who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the savings bank to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A savings bank or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member or holder of capital, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member or holder of capital; (B) maintaining or servicing an account of a member or
[November 29, 2001] 34 holder of capital with the savings bank; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member or holder of capital. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member or holder of capital without the consent of the member or holder of capital. (15) The exchange in the regular course of business of information between a savings bank and any commonly owned affiliate of the savings bank, subject to the provisions of the Financial Institutions Insurance Sales Law. (16) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (17) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (18) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (18) of subsection (c) of Section 4013, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (18) of subsection (c) of Section 4013, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (d) A savings bank may not disclose to any person, except to the member or holder of capital or his duly authorized agent, any financial records relating to that member or shareholder of the savings bank unless: (1) the member or shareholder has authorized disclosure to the person; or (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant, or court order that meets the requirements of subsection (e) of this Section. (e) A savings bank shall disclose financial records under subsection (d) of this Section pursuant to a lawful subpoena, summons, warrant, or court order only after the savings bank mails a copy of the subpoena, summons, warrant, or court order to the person establishing the relationship with the savings bank, if living, and otherwise, his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the savings bank is specifically prohibited from notifying the person by order of court. (f) Any officer or employee of a savings bank who knowingly and willfully furnishes financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000. (g) Any person who knowingly and willfully induces or attempts to induce any officer or employee of a savings bank to disclose financial records in violation of this Section is guilty of a business offense and, upon conviction, shall be fined not more than $1,000.
35 [November 29, 2001] (h) If any member or shareholder desires to communicate with the other members or shareholders of the savings bank with reference to any question pending or to be presented at an annual or special meeting, the savings bank shall give that person, upon request, a statement of the approximate number of members or shareholders entitled to vote at the meeting and an estimate of the cost of preparing and mailing the communication. The requesting member shall submit the communication to the Commissioner who, upon finding it to be appropriate and truthful, shall direct that it be prepared and mailed to the members upon the requesting member's or shareholder's payment or adequate provision for payment of the expenses of preparation and mailing. (i) A savings bank shall be reimbursed for costs that are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, records, or other data of a customer required to be reproduced pursuant to a lawful subpoena, warrant, or court order. (j) Notwithstanding the provisions of this Section, a savings bank may sell or otherwise make use of lists of customers' names and addresses. All other information regarding a customer's account are subject to the disclosure provisions of this Section. At the request of any customer, that customer's name and address shall be deleted from any list that is to be sold or used in any other manner beyond identification of the customer's accounts. (Source: P.A. 91-929, eff. 12-15-00; 92-483, eff. 8-23-01.) Section 20. The Illinois Credit Union Act is amended by changing Section 10 as follows: (205 ILCS 305/10) (from Ch. 17, par. 4411) Sec. 10. Credit union records; member financial records. (1) A credit union shall establish and maintain books, records, accounting systems and procedures which accurately reflect its operations and which enable the Department to readily ascertain the true financial condition of the credit union and whether it is complying with this Act. (2) A photostatic or photographic reproduction of any credit union records shall be admissible as evidence of transactions with the credit union. (3) (a) For the purpose of this Section, the term "financial records" means any original, any copy, or any summary of (1) a document granting signature authority over an account, (2) a statement, ledger card or other record on any account which shows each transaction in or with respect to that account, (3) a check, draft or money order drawn on a financial institution or other entity or issued and payable by or through a financial institution or other entity, or (4) any other item containing information pertaining to any relationship established in the ordinary course of business between a credit union and its member, including financial statements or other financial information provided by the member. (b) This Section does not prohibit: (1) The preparation, examination, handling or maintenance of any financial records by any officer, employee or agent of a credit union having custody of such records, or the examination of such records by a certified public accountant engaged by the credit union to perform an independent audit. (2) The examination of any financial records by or the furnishing of financial records by a credit union to any officer, employee or agent of the Department, the National Credit Union Administration, Federal Reserve board or any insurer of share accounts for use solely in the exercise of his duties as an officer, employee or agent. (3) The publication of data furnished from financial records relating to members where the data cannot be identified to any particular customer of account. (4) The making of reports or returns required under Chapter 61 of the Internal Revenue Code of 1954.
[November 29, 2001] 36 (5) Furnishing information concerning the dishonor of any negotiable instrument permitted to be disclosed under the Uniform Commercial Code. (6) The exchange in the regular course of business of (i) credit information between a credit union and other credit unions or financial institutions or commercial enterprises, directly or through a consumer reporting agency or (ii) financial records or information derived from financial records between a credit union and other credit unions or financial institutions or commercial enterprises for the purpose of conducting due diligence pursuant to a merger or a purchase or sale of assets or liabilities of the credit union. (7) The furnishing of information to the appropriate law enforcement authorities where the credit union reasonably believes it has been the victim of a crime. (8) The furnishing of information pursuant to the Uniform Disposition of Unclaimed Property Act. (9) The furnishing of information pursuant to the Illinois Income Tax Act and the Illinois Estate and Generation-Skipping Transfer Tax Act. (10) The furnishing of information pursuant to the federal "Currency and Foreign Transactions Reporting Act", Title 31, United States Code, Section 1051 et sequentia. (11) The furnishing of information pursuant to any other statute which by its terms or by regulations promulgated thereunder requires the disclosure of financial records other than by subpoena, summons, warrant or court order. (12) The furnishing of information in accordance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Any credit union governed by this Act shall enter into an agreement for data exchanges with a State agency provided the State agency pays to the credit union a reasonable fee not to exceed its actual cost incurred. A credit union providing information in accordance with this item shall not be liable to any account holder or other person for any disclosure of information to a State agency, for encumbering or surrendering any assets held by the credit union in response to a lien or order to withhold and deliver issued by a State agency, or for any other action taken pursuant to this item, including individual or mechanical errors, provided the action does not constitute gross negligence or willful misconduct. A credit union shall have no obligation to hold, encumber, or surrender assets until it has been served with a subpoena, summons, warrant, court or administrative order, lien, or levy. (13) The furnishing of information to law enforcement authorities, the Illinois Department on Aging and its regional administrative and provider agencies, the Department of Human Services Office of Inspector General, or public guardians, if the credit union suspects that a member who is an elderly or disabled person has been or may become the victim of financial exploitation. For the purposes of this item (13), the term: (i) "elderly person" means a person who is 60 or more years of age, (ii) "disabled person" means a person who has or reasonably appears to the credit union to have a physical or mental disability that impairs his or her ability to seek or obtain protection from or prevent financial exploitation, and (iii) "financial exploitation" means tortious or illegal use of the assets or resources of an elderly or disabled person, and includes, without limitation, misappropriation of the elderly or disabled person's assets or resources by undue influence, breach of fiduciary relationship, intimidation, fraud, deception, extortion, or the use of assets or resources in any manner contrary to law. A credit union or person furnishing information pursuant to this item (13) shall be entitled to the same rights and protections as a person
37 [November 29, 2001] furnishing information under the Elder Abuse and Neglect Act and the Illinois Domestic Violence Act of 1986. (14) The disclosure of financial records or information as necessary to effect, administer, or enforce a transaction requested or authorized by the member, or in connection with: (A) servicing or processing a financial product or service requested or authorized by the member; (B) maintaining or servicing a member's account with the credit union; or (C) a proposed or actual securitization or secondary market sale (including sales of servicing rights) related to a transaction of a member. Nothing in this item (14), however, authorizes the sale of the financial records or information of a member without the consent of the member. (15) The disclosure of financial records or information as necessary to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability. (16) The furnishing of information when the matters involve foreign intelligence or counterintelligence, as defined in Section 3 of the federal National Security Act of 1947, or when the matters involve foreign intelligence information, as defined in Section 203(d)(2) of the federal USA PATRIOT ACT of 2001, as enacted, to any federal law enforcement, intelligence, protective, immigration, national defense, or national security official, pursuant to any lawful request, in order to assist the official receiving that information in the performance of his or her official duties. (17) (a) The disclosure of financial records or information related to a private label credit program between a financial institution and a private label party in connection with that private label credit program. Such information is limited to outstanding balance, available credit, payment and performance and account history, product references, purchase information, and information related to the identity of the customer. (b) (l) For purposes of this paragraph (17) of subsection (b) of Section 10, a "private label credit program" means a credit program involving a financial institution and a private label party that is used by a customer of the financial institution and the private label party primarily for payment for goods or services sold, manufactured, or distributed by a private label party. (2) For purposes of this paragraph (17) of subsection (b) of Section 10, a "private label party" means, with respect to a private label credit program, any of the following: a retailer, a merchant, a manufacturer, a trade group, or any such person's affiliate, subsidiary, member, agent, or service provider. (c) Except as otherwise provided by this Act, a credit union may not disclose to any person, except to the member or his duly authorized agent, any financial records relating to that member of the credit union unless: (1) the member has authorized disclosure to the person; (2) the financial records are disclosed in response to a lawful subpoena, summons, warrant or court order that meets the requirements of subparagraph (d) of this Section; or (3) the credit union is attempting to collect an obligation owed to the credit union and the credit union complies with the provisions of Section 2I of the Consumer Fraud and Deceptive Business Practices Act. (d) A credit union shall disclose financial records under subparagraph (c)(2) of this Section pursuant to a lawful subpoena, summons, warrant or court order only after the credit union mails a copy of the subpoena, summons, warrant or court order to the person establishing the relationship with the credit union, if living, and
[November 29, 2001] 38 otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid unless the credit union is specifically prohibited from notifying the person by order of court or by applicable State or federal law. In the case of a grand jury subpoena, a credit union shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act or notifying the person would constitute a violation of the federal Right to Financial Privacy Act of 1978. (e) (1) Any officer or employee of a credit union who knowingly and wilfully furnishes financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (2) Any person who knowingly and wilfully induces or attempts to induce any officer or employee of a credit union to disclose financial records in violation of this Section is guilty of a business offense and upon conviction thereof shall be fined not more than $1,000. (f) A credit union shall be reimbursed for costs which are reasonably necessary and which have been directly incurred in searching for, reproducing or transporting books, papers, records or other data of a member required or requested to be produced pursuant to a lawful subpoena, summons, warrant or court order. The Director may determine, by rule, the rates and conditions under which payment shall be made. Delivery of requested documents may be delayed until final reimbursement of all costs is received. (Source: P.A. 91-929, eff. 12-15-00; 92-293, eff. 8-9-01; 92-483, eff. 8-23-01.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2, 3, 4 and 5 to HOUSE BILL 1903 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 2296 A bill for AN ACT concerning criminal law. 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. 2296. Passed the Senate, as amended, November 29, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2296 by replacing everything after the enacting clause with the following: "Section 1. Findings; validation. (a) Public Act 90-456, effective January 1, 1998, was entitled "An Act in relation to criminal law.". It contained provisions amending the Criminal Code of 1961, the Code of Criminal Procedure of 1963, and the Emergency Telephone System Act, all pertaining to the subject of criminal law. It also contained a provision amending subsection (b) of Section 2-14 of the Juvenile Court Act of 1987, relating to the
39 [November 29, 2001] commencement of civil adjudicatory hearings in abuse, neglect, and dependency cases. (b) The Illinois Supreme Court, in People v. Sypien, Docket No. 89265, has ruled that the inclusion of the amendment to the Juvenile Court Act of 1987 violated the single subject clause of the Illinois Constitution (Article IV, Section 8(d)), and that Public Act 90-456 is therefore unconstitutional in its entirety. (c) This Act re-enacts Section 15.2 of the Emergency Telephone System Act, Section 26-1 of the Criminal Code of 1961, and Section 108-8 of the Code of Criminal Procedure of 1963. The text of those Sections includes both the changes made by Public Act 90-456 and, where applicable, changes made by subsequent amendments. In order to avoid confusion with the changes made by subsequent amendments, the Sections that are re-enacted in this Act are shown as existing text (i.e., without striking and underscoring). This Act is not intended to supersede any other Public Act that amends the text of any of the re-enacted Sections as set forth in this Act. This Act also amends Section 12-14 of the Criminal Code of 1961. (d) All otherwise lawful actions taken before the effective date of this Act in reliance on or pursuant to Section 108-8 of the Code of Criminal Procedure of 1963, as set forth in Public Act 90-456, by any officer, employee, or agency of State or local government or by any other person or entity, are hereby validated. (e) The re-enactment by this Act of Section 108-8 of the Code of Criminal Procedure of 1963 applies to warrants issued or executed on or after the effective date of Public Act 90-456 (January 1, 1998), as well as warrants issued or executed on or after the effective date of this Act. Section 5. The Emergency Telephone System Act is amended by re-enacting Section 15.2 as follows: (50 ILCS 750/15.2) (from Ch. 134, par. 45.2) Sec. 15.2. Any person calling the number "911" for the purpose of making a false alarm or complaint and reporting false information is subject to the provisions of Section 26-1 of the Criminal Code of 1961. (Source: P.A. 90-456, eff. 1-1-98.) Section 10. The Criminal Code of 1961 is amended by re-enacting Section 26-1 and amending Section 12-14 as follows: (720 ILCS 5/12-14) (from Ch. 38, par. 12-14) Sec. 12-14. Aggravated Criminal Sexual Assault. (a) The accused commits aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during, or for the purposes of paragraph (7) of this subsection (a) as part of the same course of conduct as, the commission of the offense: (1) the accused displayed, threatened to use, or used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or (2) the accused caused bodily harm, except as provided in subsection (a)(10), to the victim; or (3) the accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or (4) the criminal sexual assault was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or (5) the victim was 60 years of age or over when the offense was committed; or (6) the victim was a physically handicapped person; or (7) the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or (8) the accused was armed with a firearm; or (9) the accused personally discharged a firearm during the commission of the offense; or (10) the accused, during the commission of the offense,
[November 29, 2001] 40 personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person. (b) The accused commits aggravated criminal sexual assault if the accused was under 17 years of age and (i) commits an act of sexual penetration with a victim who was under 9 years of age when the act was committed; or (ii) commits an act of sexual penetration with a victim who was at least 9 years of age but under 13 years of age when the act was committed and the accused used force or threat of force to commit the act. (c) The accused commits aggravated criminal sexual assault if he or she commits an act of sexual penetration with a victim who was a severely or profoundly mentally retarded person at the time the act was committed. (d) Sentence. (1) Aggravated criminal sexual assault in violation of paragraph (1), (2), (3), (4), (5), (6), or (7) of subsection (a) or in violation of subsection (b) or (c) is a Class X felony. A violation of subsection (a)(8) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(9) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (a)(10) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court. (2) A person who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply. (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.) (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) Sec. 26-1. Elements of the Offense. (a) A person commits disorderly conduct when he knowingly: (1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or (2) Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or (3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or (4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been
41 [November 29, 2001] committed; or (5) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or (6) While acting as a collection agency as defined in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or (7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or (8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act; or (9) Transmits or causes to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or (10) Transmits or causes to be transmitted a false report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or (11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or (12) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency. (b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5), (a)(7), (a)(11), or (a)(12) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(4), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed. A violation of subsection (a)(6) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7), (a)(11), or (a)(12) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) of this Section is a Class 4 felony. (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service. This subsection does not apply when the court imposes a sentence of incarceration. (Source: P.A. 90-456, eff. 1-1-98; 91-115, eff. 1-1-00; 91-121, eff. 7-15-99; 92-16, eff. 6-28-01.) Section 15. The Code of Criminal Procedure of 1963 is amended by re-enacting Section 108-8 as follows: (725 ILCS 5/108-8) (from Ch. 38, par. 108-8) Sec. 108-8. Use of force in execution of search warrant. (a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search
[November 29, 2001] 42 warrant. (b) The court issuing a warrant may authorize the officer executing the warrant to make entry without first knocking and announcing his or her office if it finds, based upon a showing of specific facts, the existence of the following exigent circumstances: (1) That the officer reasonably believes that if notice were given a weapon would be used: (i) against the officer executing the search warrant; or (ii) against another person. (2) That if notice were given there is an imminent "danger" that evidence will be destroyed. (Source: P.A. 90-456, eff. 1-1-98.) 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 2296 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 2665 A bill for AN ACT in relation to pensions. 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. 2665. Passed the Senate, as amended, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2665 by replacing everything after the enacting clause with the following: Section 20. The Illinois Pension Code is amended by changing Sections 15-135, 16-127, 16-136.2, and as follows: (40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135) Sec. 15-135. Retirement annuities - Conditions. (a) A participant who retires in one of the following specified years with the specified amount of service is entitled to a retirement annuity at any age under the retirement program applicable to the participant: 35 years if retirement is in 1997 or before; 34 years if retirement is in 1998; 33 years if retirement is in 1999; 32 years if retirement is in 2000; 31 years if retirement is in 2001; 30 years if retirement is in 2002 or later.
43 [November 29, 2001] A participant who has at least 25 years of service in this system as a police officer or firefighter is entitled to a retirement annuity on or after the attainment of age 50, if Rule 4 of Section 15-136 is applicable to the participant. (b) The annuity payment period shall begin on the date specified by the participant submitting a written application, which date shall not be prior to termination of employment or more than one year before the application is received by the board; however, if the participant is not an employee of an employer participating in this System or in a participating system as defined in Article 20 of this Code on April 1 of the calendar year next following the calendar year in which the participant attains age 70 1/2, the annuity payment period shall begin on that date regardless of whether an application has been filed. (c) An annuity is not payable if the amount provided under Section 15-136 is less than $10 per month. (Source: P.A. 90-65, eff. 7-7-97; 90-766, eff. 8-14-98.) (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) Sec. 16-127. Computation of creditable service. (a) Each member shall receive regular credit for all service as a teacher from the date membership begins, for which satisfactory evidence is supplied and all contributions have been paid. (b) The following periods of service shall earn optional credit and each member shall receive credit for all such service for which satisfactory evidence is supplied and all contributions have been paid as of the date specified: (1) Prior service as a teacher. (2) Service in a capacity essentially similar or equivalent to that of a teacher, in the public common schools in school districts in this State not included within the provisions of this System, or of any other State, territory, dependency or possession of the United States, or in schools operated by or under the auspices of the United States, or under the auspices of any agency or department of any other State, and service during any period of professional speech correction or special education experience for a public agency within this State or any other State, territory, dependency or possession of the United States, and service prior to February 1, 1951 as a recreation worker for the Illinois Department of Public Safety, for a period not exceeding the lesser of 2/5 of the total creditable service of the member or 10 years. The maximum service of 10 years which is allowable under this paragraph shall be reduced by the service credit which is validated by other retirement systems under paragraph (i) of Section 15-113 and paragraph 1 of Section 17-133. Credit granted under this paragraph may not be used in determination of a retirement annuity or disability benefits unless the member has at least 5 years of creditable service earned subsequent to this employment with one or more of the following systems: Teachers' Retirement System of the State of Illinois, State Universities Retirement System, and the Public School Teachers' Pension and Retirement Fund of Chicago. Whenever such service credit exceeds the maximum allowed for all purposes of this Article, the first service rendered in point of time shall be considered. The changes to this subdivision (b)(2) made by Public Act 86-272 shall apply not only to persons who on or after its effective date (August 23, 1989) are in service as a teacher under the System, but also to persons whose status as such a teacher terminated prior to such effective date, whether or not such person is an annuitant on that date. (3) Any periods immediately following teaching service, under this System or under Article 17, (or immediately following service prior to February 1, 1951 as a recreation worker for the Illinois Department of Public Safety) spent in active service with the military forces of the United States; periods spent in educational programs that prepare for return to teaching sponsored by the federal government following such active military service; if a teacher returns to teaching service within one calendar year after discharge or after the completion of the educational program, a
[November 29, 2001] 44 further period, not exceeding one calendar year, between time spent in military service or in such educational programs and the return to employment as a teacher under this System; and a period of up to 2 years of active military service not immediately following employment as a teacher. The changes to this Section and Section 16-128 relating to military service made by P.A. 87-794 shall apply not only to persons who on or after its effective date are in service as a teacher under the System, but also to persons whose status as a teacher terminated prior to that date, whether or not the person is an annuitant on that date. In the case of an annuitant who applies for credit allowable under this Section for a period of military service that did not immediately follow employment, and who has made the required contributions for such credit, the annuity shall be recalculated to include the additional service credit, with the increase taking effect on the date the System received written notification of the annuitant's intent to purchase the credit, if payment of all the required contributions is made within 60 days of such notice, or else on the first annuity payment date following the date of payment of the required contributions. In calculating the automatic annual increase for an annuity that has been recalculated under this Section, the increase attributable to the additional service allowable under P.A. 87-794 shall be included in the calculation of automatic annual increases accruing after the effective date of the recalculation. Credit for military service shall be determined as follows: if entry occurs during the months of July, August, or September and the member was a teacher at the end of the immediately preceding school term, credit shall be granted from July 1 of the year in which he or she entered service; if entry occurs during the school term and the teacher was in teaching service at the beginning of the school term, credit shall be granted from July 1 of such year. In all other cases where credit for military service is allowed, credit shall be granted from the date of entry into the service. The total period of military service for which credit is granted shall not exceed 5 years for any member unless the service: (A) is validated before July 1, 1964, and (B) does not extend beyond July 1, 1963. Credit for military service shall be granted under this Section only if not more than 5 years of the military service for which credit is granted under this Section is used by the member to qualify for a military retirement allotment from any branch of the armed forces of the United States. The changes to this subdivision (b)(3) made by Public Act 86-272 shall apply not only to persons who on or after its effective date (August 23, 1989) are in service as a teacher under the System, but also to persons whose status as such a teacher terminated prior to such effective date, whether or not such person is an annuitant on that date. (4) Any periods served as a member of the General Assembly. (5)(i) Any periods for which a teacher, as defined in Section 16-106, is granted a leave of absence, provided he or she returns to teaching service creditable under this System or the State Universities Retirement System following the leave; (ii) periods during which a teacher is involuntarily laid off from teaching, provided he or she returns to teaching following the lay-off; (iii) periods prior to July 1, 1983 during which a teacher ceased covered employment due to pregnancy, provided that the teacher returned to teaching service creditable under this System or the State Universities Retirement System following the pregnancy and submits evidence satisfactory to the Board documenting that the employment ceased due to pregnancy; and (iv) periods prior to July 1, 1983 during which a teacher ceased covered employment for the purpose of adopting an infant under 3 years of age or caring for a newly adopted infant under 3 years of age, provided that the teacher returned to teaching service creditable under this System or the State Universities Retirement System following the adoption and
45 [November 29, 2001] submits evidence satisfactory to the Board documenting that the employment ceased for the purpose of adopting an infant under 3 years of age or caring for a newly adopted infant under 3 years of age. However, total credit under this paragraph (5) may not exceed 3 years. Any qualified member or annuitant may apply for credit under item (iii) or (iv) of this paragraph (5) without regard to whether service was terminated before the effective date of this amendatory Act of 1997. In the case of an annuitant who establishes credit under item (iii) or (iv), the annuity shall be recalculated to include the additional service credit. The increase in annuity shall take effect on the date the System receives written notification of the annuitant's intent to purchase the credit, if the required evidence is submitted and the required contribution paid within 60 days of that notification, otherwise on the first annuity payment date following the System's receipt of the required evidence and contribution. The increase in an annuity recalculated under this provision shall be included in the calculation of automatic annual increases in the annuity accruing after the effective date of the recalculation. Optional credit may be purchased under this subsection (b)(5) for periods during which a teacher has been granted a leave of absence pursuant to Section 24-13 of the School Code. A teacher whose service under this Article terminated prior to the effective date of P.A. 86-1488 shall be eligible to purchase such optional credit. If a teacher who purchases this optional credit is already receiving a retirement annuity under this Article, the annuity shall be recalculated as if the annuitant had applied for the leave of absence credit at the time of retirement. The difference between the entitled annuity and the actual annuity shall be credited to the purchase of the optional credit. The remainder of the purchase cost of the optional credit shall be paid on or before April 1, 1992. The change in this paragraph made by Public Act 86-273 shall be applicable to teachers who retire after June 1, 1989, as well as to teachers who are in service on that date. (6) Any days of unused and uncompensated accumulated sick leave earned by a teacher. The service credit granted under this paragraph shall be the ratio of the number of unused and uncompensated accumulated sick leave days to 170 days, subject to a maximum of one and one-half years
[November 29, 2001] 46 University - Carbondale from September 1, 1959 to August 31, 1961, or with Governors State University from September 1, 1972 to August 31, 1974, for which the teacher has no credit under Article 15. To receive credit under this item (10), a teacher must apply in writing to the Board and pay the required contributions before May 1, 1993 and have at least 12 years of service credit under this Article. (c) The service credits specified in this Section shall be granted only if: (1) such service credits are not used for credit in any other statutory tax-supported public employee retirement system other than the federal Social Security program; and (2) the member makes the required contributions as specified in Section 16-128. The service credit shall be effective as of the date the required contributions are completed. Any service credits granted under this Section shall terminate upon cessation of membership for any cause. Credit may not be granted under this Section covering any period for which an age retirement or disability retirement allowance has been paid. (Source: P.A. 89-430, eff. 12-15-95; 90-32, eff. 6-27-97.) (40 ILCS 5/16-136.2) (from Ch. 108 1/2, par. 16-136.2) Sec. 16-136.2. Minimum retirement annuity. (a) Any annuitant receiving a retirement annuity under this Article is entitled to such additional amount of retirement annuity under this Section, if necessary, that is sufficient to provide a minimum retirement annuity of $10 per month for each year of creditable service forming the basis of the retirement annuity, up to $300 per month for 30 or more years of creditable service. Effective January 1, 1984, the minimum retirement annuity under this Section is $15 per month per year of service up to $450 per month. Beginning January 1, 1996, the minimum retirement annuity payable under this Section shall be $25 per month for each year of creditable service, up to a maximum of $750 per month for 30 or more years of creditable service. Beginning January 1, 2002, the minimum retirement annuity payable under this Section shall be $30 per month for each year of creditable service, up to a maximum of 30 years of creditable service, without regard to whether employment terminated prior to the effective date of this amendatory Act of the 92nd General Assembly. An annuitant entitled to an increase in retirement annuity under this Section shall be entitled to such increase in retirement annuity effective the later of (1) September 1 following attainment of age 60; (2) September 1 following the first anniversary in retirement; or (3) the first of the month following receipt of the required qualifying contribution from the annuitant. (b) An annuitant who qualifies for an additional amount of retirement annuity under subsection (a) of this Section must make a one-time payment of 1% of the monthly average salary for each full year of the creditable service forming the basis of the retirement annuity or, if the retirement annuity was not computed using average salary, 1% of the original monthly retirement annuity for each full year of service forming the basis of the retirement annuity. (c) The minimum retirement annuity provided under this Section shall continue to be paid only to the extent that funds are available in the minimum retirement annuity reserve established under Section 16-186.3. (d) The annual increase provided on and after September 1, 1977 under Section 16-136.1 and on and after January 1, 1978 under Section 16-133.1 shall be paid in addition to the minimum retirement annuity. Where an initial increase is first payable on or after September 1, 1977, only that portion of the increase based on the period in retirement after August 31, 1976, under Section 16-136.1 and after December 31, 1976, under Section 16-133.1 may be added to the minimum retirement annuity. (Source: P.A. 89-21, eff. 6-6-95; 89-25, eff. 6-21-95.) Section 90. The State Mandates Act is amended by adding Section 8.26 as follows:
47 [November 29, 2001] (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 foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2665 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 3426 A bill for AN ACT making appropriations. 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. 3426. Passed the Senate, as amended, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 3426 by deleting everything after the enacting clause and inserting the following: "Section 1. "AN ACT making appropriations," Public Act 92-8, approved June 11, 2001, is amended by changing Section 13 of Article 34 as follows: (P.A. 92-8, Art. 34, Sec. 13) Sec. 13. The following named amounts, or so much thereof as may be necessary, respectively, for payments for care of children served by the Department of Children and Family Services: GRANTS-IN-AID REGIONAL OFFICES PAYABLE FROM GENERAL REVENUE FUND For Foster Homes and Specialized Foster Care and Prevention .................. $221,100,200 For Counseling and Auxiliary Services ........ 20,907,700 For Homemaker Services ....................... 7,507,400 For Institution and Group Home Care and Prevention .................................. 150,215,000 For Services Associated with the Foster Care Initiative ............................. 6,413,700 For Purchase of Adoption and Guardianship Services ....................... 150,619,000 For Health Care Network ...................... 4,657,900 For Cash Assistance and Housing Locator Service to Families in the Class Defined in the Norman Consent Order ... 3,565,600 For Youth in Transition Program .............. 719,100 For Children's Personal and Physical Maintenance ........................ 5,359,000
[November 29, 2001] 48 For MCO Technical Assistance and Program Development ......................... 1,701,800 For Pre Admission/Post Discharge Psychiatric Screening ....................... 8,257,600 For Counties to Assist in the Development of Children's Advocacy Centers .............. 2,781,800 For Psychological Assessments including Operations and Administrative Expenses ..................... 5,011,900 Total $588,817,700 PAYABLE FROM DCFS CHILDREN'S SERVICES FUND For Foster Homes and Specialized Foster Care and Prevention .... $164,680,600
49 [November 29, 2001] (P.A. 92-8, Art. 47, Sec. 3) Sec. 3. In addition to any amounts heretofore appropriated, the following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Public Aid for Medical Assistance: FOR MEDICAL ASSISTANCE UNDER THE ILLINOIS PUBLIC AID CODE AND THE CHILDREN'S HEALTH INSURANCE PROGRAM ACT Payable from Drug Rebate Fund: For Prescribed Drugs ........... $200,000,000
[November 29, 2001] 50 Increment Finance Districts ..................$ 20,022,100 Payable from the Do-It-Yourself School Funding Fund: For Distribution of Income Tax Exemptions Forgone pursuant to Public Act 90-0553 ................................$ 10,000 GOVERNMENT SERVICE REFUNDS Payable from General Revenue Fund: For payment of refunds pursuant to the provisions of the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act ................$150,000 Section 6. "AN ACT making appropriations", Public Act 92-8, approved June 11, 2001, is amended by adding new Section 47a to Article 67 as follows: (P.A. 92-8, Art. 67, new Sec. 47a) Sec. 47a. The sum of $1,000,000, or so much thereof as may be necessary, is appropriated from the Water Revolving Fund to the Environmental Protection Agency for all costs associated with providing assistance to public water supplies for wellhead protection, capacity development and technical assistance. Section 7. "AN ACT making appropriations", Public Act 92-8, approved June 11, 2001, is amended by changing Sections 3 and 6a of Article 75 as follows: (P.A. 92-8, Art. 75, Sec. 3) Sec. 3. The following named amounts, or so much thereof as may be necessary, are appropriated to the Illinois Emergency Management Agency for the objects and purposes hereinafter named: OPERATIONS FEDERALLY-ASSISTED PROGRAMS Payable from General Revenue Fund: For Training and Education ................... $ 146,500 For Planning and Analysis .................... 75,000 Payable from Nuclear Civil Protection Planning Fund: For Clean Air ................................ 100,000 For Federal Projects ......................... 700,000 For Flood Mitigation ......................... 1,500,000 Payable from Federal Civil Preparedness Administrative Fund: For Training and Education ................... 2,261,300 For Terrorism Preparedness and Training ...................... 7,800,000
51 [November 29, 2001] (P.A. 92-8, Art. 32, new Sec. 21) Sec. 21. The sum of $340,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Agriculture for a biosecurity laboratory, carcass disposal, tanks, and other costs associated with homeland security. Section 10. "AN ACT making appropriations," Public Act 92-8, approved June 11, 2001, is amended by adding new Sections 301 to Article 35 as follows: (P.A. 92-8, Art. 35, new Sec. 301) Sec. 301. The sum of $5,000,000, or so much thereof as may be necessary, is appropriated to the Department of Commerce and Community Affairs from the Tourism Promotion Fund for grants pursuant to Section 605-710 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. Section 11. "AN ACT making appropriations," Public Act 92-8, approved June 11, 2001, is amended by adding new Sections 14, 15, 16 and 17 to Article 48 as follows: (P.A. 92-8, Art. 48, new Sec. 14) Sec. 14. The amount of $1,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Public Health for development of a consolidated laboratory information system. (P.A. 92-8, Art. 48, new Sec. 15) Sec. 15. The amount of $2,850,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Public Health for expanded laboratory capacity and enhanced statewide communication capabilities associated with homeland security. (P.A. 92-8, Art. 48, new Sec. 16) Sec. 16. The sum of $2,500,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Public Health for costs associated with creating a Pharmaceutical Cache related to homeland security purposes. (P.A. 92-8, Art. 48, new Sec. 17) Sec. 17. The amount of $120,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Public Health for the Illinois Mobile Emergency Response Team for costs associated with homeland security. Section 12. "AN ACT making appropriations," Public Act 92-8, approved June 11, 2001, is amended by adding new Sections 8 and 9 to Article 75 as follows: (P.A. 92-8, Art. 75, new Sec. 8) Sec. 8. The amount of $370,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Emergency Management Agency for additional equipment for the State Interagency Response Team for costs associated with homeland security. (P.A. 92-8, Art. 75, new Sec. 9) Sec. 9. The amount of $7,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Emergency Management Agency for providing services and for costs associated with Homeland Security and for grants to the Department of State Police, the Department of Military Affairs, the Office of the State Fire Marshal and other state agencies for such purposes. Section 13. "AN ACT making appropriations," Public Act 92-8, approved June 11, 2001, is amended by adding new Sections 13 and 14 to Article 89 as follows: (P.A. 92-8, Art. 89, new Sec. 13) Sec. 13. The amount of $700,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Office of the State Fire Marshal for radios, computers, generators, and other costs associated with homeland security. (P.A. 92-8, Art. 89, new Sec. 14) Sec. 14. The amount of $2,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Office
[November 29, 2001] 52 of the State Fire Marshal for Fire Service Institute training costs associated with homeland security. Section 14. "AN ACT making appropriations," Public Act 92-8, approved June 11, 2001, is amended by changing Section 35 of Article 1 as follows: (P.A. 92-8, Art. 1, Sec. 35) Sec. 35. The following amounts, or so much of those amounts as may be necessary, respectively, are appropriated from the General Revenue Fund to the State Board of Education for the objects and purposes named: For all costs associated with Regional Offices of Education, including, but not limited to: ROE School Bus Driver Training, ROE School Services, and ROE Supervisory Expense....... $12,512,000 For operational costs and grants for Mathematics Statewide........ $1,000,000 For costs associated with the Reading Improvement Statewide Program....... $4,000,000 For all costs, including prior year claims, associated with Special Education lawsuits, including Corey H........................... $1,000,000 For grants for career awareness and development programs, including, but not limited to: Career Awareness & Development, Jobs for Illinois Graduates, and Illinois Governmental Internship Program.... $7,247,700 For operational costs and grants for Family Literacy......................... $1,000,000 For all costs associated with teacher education programs, including, but not limited to: National Board Certification, Teacher of the Year, and Teacher Framework Implementation............ $1,740,000 For costs associated with regional and local Optional Education Programs for dropouts, those at risk of dropping out, and Alternative Education Programs for chronic truants...... $19,660,000 For costs associated with the Metro East Consortium for Child Advocacy.............................. $250,000 For all costs associated with Professional Development Statewide.......... $2,000,000 For costs associated with funding Vocational Education Staff Development........................... $1,299,800 For costs associated with the Certificate Renewal Administrative Payment Program.............. $1,000,000 For operational costs and grants associated with the Summer Bridges Program to assist school districts that had one or more schools with a significant percentage of third and sixth grade students in the "does not meet" category on the 1998 State reading scores to achieve standards in reading............. $26,000,000 For costs associated with the Parental Involvement Campaign Program....... $1,500,000 For all costs associated with standards, assessment, and accountability programs, including, but not limited to: Arts Planning K-6, Assessment Programs, Learning Improvement and Quality Assurance and Learning Standards...................... $31,309,700 For operational costs associated with administering the Reading Improvement Block Grant..................... $389,500 For costs associated with the transition of minority students to college and teaching careers............. $600,000
53 [November 29, 2001] For funding the Golden Apple Scholars Program... $2,554,300 For all costs associated with career and technical education programs..... $53,874,500 For all costs associated with student at-risk programs, including, but not limited to: Hispanic Student Dropout Prevention Programs, Project Impact, Illinois Partnership Academy, and Urban Education Partnership Programs.............. $2,649,600 For operational costs and grants associated with Scientific Literacy, Mathematics, and the Center on Scientific Literacy........... $8,583,000 For operational costs and grants associated with the Substance Abuse and Violence Prevention Programs...... $2,750,000 For operational expenses of administering the Early Childhood Block Grant................. $685,600 For operational costs and reimbursement to a parent or guardian under the transportation provisions of Section 29-5.2 of the School Code........ $15,120,000 For funding the Teachers' Academy for Math and Science................ $7,001,900 For operational costs of the Residential Services Authority for Behavior Disorders and Severely Emotionally Disturbed Children and Adolescents.................... $500,000 For all costs associated with administering Alternative Education Programs for disruptive students pursuant to Article 13A of the School Code.............. $17,852,000 For operational costs and grants for Alternative Learning Opportunities Program.. $1,000,000 For operational costs and grants for schools associated with the Academic Early Warning List and other at-risk schools................... $4,350,000 For all costs associated with ISBE regional services, including, but not limited to: ROE Audits, ISBE Services as ROE, ROE Technology, GED Testing, Administrators Academy, and the Leadership Development Institute............ $3,444,300 For costs associated with the Association of Illinois Middle-Level Schools Program................ $100,000 For funding the Illinois State Board of Education Technology Program....... $256,300 For all costs associated with providing the loan of textbooks to students under Section 18-17 of the School Code............... $30,192,100
[November 29, 2001] 54 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendments 1 and 2 to a bill of the following title, to-wit: HOUSE BILL NO. 3188 A bill for AN ACT concerning civil procedure. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Klemm, Weaver, Dillard; Molaro and Demuzio. 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 acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendments to: SENATE BILL NO. 397 A bill for AN ACT concerning firearms. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Watson, Hawkinson, Petka; Cullerton and Shadid. 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 adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 989 A bill for AN ACT concerning intergovernmental cooperation. House Amendment No. 1 to SENATE BILL NO. 989. Action taken by the Senate, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1089
55 [November 29, 2001] A bill for AN ACT concerning the regulation of professions. House Amendment No. 2 to SENATE BILL NO. 1089. Action taken by the Senate, November 29, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1174 A bill for AN ACT concerning government employee benefits. House Amendment No. 1 to SENATE BILL NO. 1174. House Amendment No. 2 to SENATE BILL NO. 1174. Action taken by the Senate, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1264 A bill for AN ACT in relation to State finances. House Amendment No. 1 to SENATE BILL NO. 1264. House Amendment No. 2 to SENATE BILL NO. 1264. Action taken by the Senate, November 29, 2001, by a three-fifths vote. 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. 2565 A bill for AN ACT in relation to sports. Passed by the Senate, November 29, 2001. Jim Harry, Secretary of the Senate
[November 29, 2001] 56 A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 1640 Adopted by the Senate, November 29, 2001. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1640 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 1640, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 1640 be amended as follows: by replacing the title with the following: "AN ACT in relation to State government."; and by replacing everything after the enacting clause with the following: "Section 5. The State Budget Law of the Civil Administrative Code of Illinois is amended by changing Section 50-15 as follows: (15 ILCS 20/50-15) (was 15 ILCS 20/38.2) Sec. 50-15. Department accountability reports
57 [November 29, 2001] shall submit changes to the budget review process that the Governor plans to adopt, based on the report, to the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives. (Source: P.A. 91-239, eff. 1-1-00.) (20 ILCS 230/15 rep.) Section 15. The Biotechnology Sector Development Act is amended by repealing Section 15. Section 25. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-500 as follows: (20 ILCS 405/405-500) Sec. 405-500. Matters relating to the Office of the Lieutenant Governor. (a) It is the purpose of this Section to provide for the administration of the affairs of the Office of the Lieutenant Governor during a period when the Office of Lieutenant Governor is vacant. It is the intent of the General Assembly that all powers and duties of the Lieutenant Governor assumed and exercised by the Director of Central Management Services, the Department of Central Management Services, or another Director, State employee, or State agency designated by the Governor under the provisions of Public Act 90-609 be reassumed by the Lieutenant Governor on January 11, 1999. (b) Until January 11, 1999, while the office of Lieutenant Governor is vacant, the Director of Central Management Services shall assume and exercise the powers and duties given to the Lieutenant Governor under the Illinois Commission on Community Service Act, Section 46.53 of the Civil Administrative Code of Illinois (renumbered; now Section 605-75 of the Department of Commerce and Community Affairs Law, 20 ILCS 605/605-75) (relating to the Keep Illinois Beautiful program), Section 12-1 of the State Finance Act, and the Gifts and Grants to Government Act
[November 29, 2001] 58 Services. This reassignment shall not be deemed to constitute new employment or to change the terms or conditions of employment or the qualifications required of the employees, except that the reassigned employees shall be subject to supervision by the Department during the temporary reassignment period. (g) Until January 11, 1999, while the office of Lieutenant Governor is vacant, the Department of Central Management Services shall temporarily assume and exercise the powers and duties of the Office of the Lieutenant Governor under contracts to which the Office of the Lieutenant Governor is a party. The assumption of rights and duties under this subsection shall not be deemed to change the terms or conditions of the contract. The Department of Central Management Services may amend, extend, or terminate any such contract in accordance with its terms; may agree to terminate a contract at the request of the other party; and may, with the approval of the Governor, enter into new contracts on behalf of the Office of the Lieutenant Governor. (h) The Governor may designate a State employee or director other than the Director of Central Management Services or a State agency other than the Department of Central Management Services to assume and exercise any particular power or duty that would otherwise be assumed and exercised by the Director of Central Management Services or the Department of Central Management Services under subsection (b), (c), or (d) of this Section. Except as provided below, if the Governor designates a State employee or director other than the Director of Central Management Services or a State agency other than the Department of Central Management Services, that person or agency shall be responsible for those duties set forth in subsections (e), (f), and (g) that directly relate to the designation of duties under subsections (b), (c), and (d). If the Governor's designation relates to duties of the Commission on Community Service
59 [November 29, 2001] request of the State Board of Appeals under the State Mandates Act. In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof. The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit. In addition to the foregoing, the Auditor General must also conduct a financial audit of the Illinois Sports Facilities Authority's expenditures of public funds in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of any existing "facility", as that term is defined in the Illinois Sports Facilities Authority Act. The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Public Aid, Medical Assistance Program. The Auditor General is authorized to conduct financial and compliance audits of the
[November 29, 2001] 60 receive unemployment compensation or workers' compensation; and (4) is determined by the employment administrator to be likely to be available for employment by an eligible employer for the duration of the job; or B. Is otherwise eligible for services under the Job Training Partnership Act (29 USCA 1501 et seq.). In addition, a farmer who resides in a county qualified under Federal Disaster Relief and who can demonstrate severe financial need may be considered unemployed under this subsection. (e) "Eligible nonprofit agency" means an organization exempt from taxation under the Internal Revenue Code of 1954, Section 501(c)(3). (f) "Employment administrator" means the Manager of the Department of Commerce and Community Affairs Job Training Programs Division or his designee. (g) "Household" means a group of persons living at the same residence consisting of, at a maximum, spouses and the minor children of each. (h) "Program" means the Illinois Emergency Employment Development Program created by this Act consisting of temporary work relief projects in nonprofit agencies and new job creation in the private sector. (i) "Service Delivery Area" means that unit or units of local government designated by the Governor pursuant to Title I, Part A, Section 102 of the Job Training Partnership Act (29 USCA et seq.). (j) "Excess unemployed" means the number of unemployed in excess of 6.5% of the service delivery area population. (k) "Private industry council" means governing body of each service delivery area created pursuant to Title I, Section 102 of the Job Training Partnership Act (29 USC 1501 et seq.). (Source: P.A. 84-1399.) (20 ILCS 630/5) (from Ch. 48, par. 2405) Sec. 5. (a) Allocation of funds among eligible job applicants within a service delivery area shall be determined by the Private Industry Council for each such service delivery area. The Private Industry Council shall give priority to (1) applicants living in households with no other income source; and (2) applicants who would otherwise be eligible to receive general assistance. (b) Allocation of funds among eligible employers within each service delivery area shall be determined by the Private Industry Council for each such area according to the priorities which the Director of Commerce and Community Affairs
61 [November 29, 2001] filled even in the absence of funds from this program; (5) (blank);
[November 29, 2001] 62 (20 ILCS 805/805-310 rep.) Section 114. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by repealing Section 805-310. (30 ILCS 380/Act rep.) Section 115. The State Parks Revenue Bond Act is repealed. (30 ILCS 150/8 rep.) Section 116. The Natural Heritage Fund Act is amended by repealing Section 8. (35 ILCS 505/19 rep.) Section 120. The Motor Fuel Tax Law is amended by repealing Section 19. (70 ILCS 200/Art. 135 rep.) Section 130. The Civic Center Code is amended by repealing Article 135. (70 ILCS 2605/4b rep.) Section 140. The Metropolitan Water Reclamation District Act is amended by repealing Section 4b. (205 ILCS 616/70 rep.) (205 ILCS 616/75 rep.) Section 175. The Electronic Fund Transfer Act is amended by repealing Sections 70 and 75. (205 ILCS 620/1-5.04 rep.) (205 ILCS 620/9-1 rep.) (205 ILCS 620/9-2 rep.) (205 ILCS 620/9-3 rep.) (205 ILCS 620/9-4 rep.) Section 180. The Corporate Fiduciary Act is amended by repealing Sections 1-5.04, 9-1, 9-2, 9-3, and 9-4. (310 ILCS 45/Act rep.) Section 200. The Illinois Mortgage Insurance Fund Act is repealed. (430 ILCS 115/15 rep.) Section 240. The Illinois Manufactured Housing and Mobile Home Safety Act is amended by repealing Section 15. Section 245. The Illinois Corn Marketing Act is amended by changing Sections 6 and 7 as follows: (505 ILCS 40/6) (from Ch. 5, par. 706) Sec. 6.
63 [November 29, 2001] Secretary of State as provided in Section 5-65 of the Illinois Administrative Procedure Act. If any proposed corn marketing program is not approved by such referendum, no additional referendum on such corn marketing program may be held for 2 years from the date of the close of such referendum period. A succeeding referendum shall be called by the Director upon request by petition of 2,500 producers of corn with at least 10 signers of such petition from each of 50 counties. Prior to holding a succeeding referendum, the Director
[November 29, 2001] 64
65 [November 29, 2001] 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: "Section 5. The School Code is amended by adding Section 7-31 and changing Sections 10-21.9 and 34-18.5 as follows: (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 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
[November 29, 2001] 66 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 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
67 [November 29, 2001] 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 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
[November 29, 2001] 68 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
69 [November 29, 2001] 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 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
[November 29, 2001] 70 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
71 [November 29, 2001] 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 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
[November 29, 2001] 72 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 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.
73 [November 29, 2001] (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 15, 2001, 2001 s/Sen. Edward Petka s/Rep. Calvin L. Giles s/Sen. Dan Cronin s/Rep. Barbara Flynn Currie s/Sen. Peter Roskam Rep. Gary Hannig s/Sen. Lisa Madigan Rep. Arthur Tenhouse s/Sen. Vince Demuzio Rep. Dan Rutherford Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 3188 Adopted by the Senate, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 3188 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 3188, recommend the following: (1) that the House concur in Senate Amendments Nos. 1 and 2; and (2) that House Bill 3188, AS AMENDED, be further amended, with reference to page and line numbers of Senate Amendment No. 2, on page 1, lines 7 and 8, by replacing "and 7-103.145" with "7-103.145, 7-103.146, 7-103.147, and 7-103.148"; and on page 14, after line 28, by inserting the following: "(735 ILCS 5/7-103.146 new) Sec. 7-103.146. Quick-take; Village of Plainfield. Quick-take proceedings under Section 7-103 may be used by the Village of Plainfield for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly to acquire any portion of the following described property for a 30-foot sanitary sewer easement: THAT PART OF THE FRACTIONAL SOUTHEAST QUARTER OF FRACTIONAL SECTION 8, & TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE INDIAN BOUNDARY LINE, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 35 MINUTES 10 SECONDS EAST, ON SAID SOUTH LINE, 1941.46 FEET, TO THE WEST LINE OF PARCEL A PER CONDEMNATION CASE W66G730H; THENCE NORTH 01 DEGREE 06 MINUTES 43 SECONDS WEST, ON SAID WEST LINE, 61.62 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 126. PER DOCUMENT NO. 484643, FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 06 MINUTES 43 SECONDS WEST, 30.00 FEET, TO A POINT 30.00 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, SAID NORTH RIGHT-OF-WAY; THENCE SOUTH 89 DEGREES 29 MINUTES 41 SECONDS WEST, PARALLEL WITH SAID NORTH RIGHT-OF-WAY, 482.39 FEET, TO A POINT 30.00 FEET NORTH OF AN ANGLE POINT IN SAID RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 55 MINUTES 28 SECONDS WEST, PARALLEL WITH SAID NORTH RIGHT-OF-WAY, 1297.00 FEET, TO THE EAST LINE OF THE WEST 160.00 FEET OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 11 MINUTES 55 SECONDS WEST, ON SAID EAST LINE, 30.00 FEET, TO THE NORTH RIGHT-OF-WAY
[November 29, 2001] 74 AFORESAID; THENCE SOUTH 89 DEGREES 55 MINUTES 28 SECONDS EAST, ON SAID NORTH RIGHT-OF-WAY, 1297.22 FEET, TO AN ANGLE POINT IN SAID RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 29 MINUTES 41 SECONDS EAST, ON SAID NORTH RIGHT-OF-WAY, 482.86 FEET, TO THE POINT OF BEGINNING, ALL IN WILL COUNTY, ILLINOIS. PIN NO. 03-08-400-005. (735 ILCS 5/7-103.147 new) Sec. 7-103.147. Quick-take; City of West Chicago. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the City of West Chicago for the acquisition of the following described property for the purpose of constructing a water treatment plant: Lots 1 and 2 in Owen Larson's subdivision, of part of the northwest 1/4 of Section 5, Township 39 North, Range 9, East of the Third Principal Meridian, According to the Plat thereof Recorded November 10, 1992 as Document R92-217425, in DuPage County, Illinois. Permanent Parcel Numbers 04-05-200-036 and 04-05-200-037. (735 ILCS 5/7-103.148 new) Sec. 7-103.148. Quick-take; Village of Melrose Park. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Melrose Park for the acquisition of the following described property for the purpose of constructing a parking facility and training facility for use by the Village of Melrose Park Fire Prevention Bureau and Fire Station: LOT 8 (EXCEPT THE NORTH 51.0 FEET THEREOF) IN HEATH'S RESUBDIVISION OF LOTS H, K, R AND S OF BLOCK 7 IN HENRY SOFFEL'S THIRD ADDITION TO MELROSE PARK IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. REAL ESTATE TAX NUMBER 15-04-303-058.". Submitted on November 29, 2001 s/Sen. Dick Klemm s/Rep. Charles Hartke s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. Kirk W. Dillard s/Rep. Gary Hannig s/Sen. Robert S. Molaro s/Rep. Art Tenhouse s/Sen. Vince Demuzio Rep. Angelo Saviano Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 3247 Adopted by the Senate, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY 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
75 [November 29, 2001] 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; 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
[November 29, 2001] 76 (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, 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.
77 [November 29, 2001] 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 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
[November 29, 2001] 78 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 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 Westerly Right-of-Way Line, said line having a bearing of North 20
79 [November 29, 2001] 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 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
[November 29, 2001] 80 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 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,
81 [November 29, 2001] 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 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
[November 29, 2001] 82 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, 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
83 [November 29, 2001] 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 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
[November 29, 2001] 84 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 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
85 [November 29, 2001] 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 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,
[November 29, 2001] 86 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 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
87 [November 29, 2001] 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 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
[November 29, 2001] 88 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 - 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
89 [November 29, 2001] 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) 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
[November 29, 2001] 90 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; 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)
91 [November 29, 2001] 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 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
[November 29, 2001] 92 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 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
93 [November 29, 2001] 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 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
[November 29, 2001] 94 722.50 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 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
95 [November 29, 2001] 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 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
[November 29, 2001] 96 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 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
97 [November 29, 2001] 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. 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
[November 29, 2001] 98 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, 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
99 [November 29, 2001] 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 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
[November 29, 2001] 100 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) 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 November 28, 2001 s/Sen. Laura Kent Donahue s/Rep. Charle Hartke s/Sen. Dick Klemm s/Rep. Daniel J. Burke s/Sen. Doris Karpiel s/Rep. Barbara Flynn Currie s/Sen. Robert S. Molaro Rep. Art Tenhouse s/Sen. Vince Demuzio Rep. Brent Hassert Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 397 Adopted by the Senate, November 29, 2001, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 397 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1 and 2 to Senate Bill 397, recommend the following: (1) that the Senate concur in House Amendments Nos. 1 and 2; and (2) that Senate Bill 397, AS AMENDED, be further amended by replacing the title with the following:
101 [November 29, 2001] "AN ACT in relation to public safety."; and by replacing everything after the enacting clause with the following: "Section 5. The Firearm Owners Identification Card Act is amended by changing Section 3a as follows: (430 ILCS 65/3a) (from Ch. 38, par. 83-3a) Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non-resident with a valid non-resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois. (b-5) Any non-resident who is participating in a sanctioned competitive shooting event, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm, may purchase or obtain a shotgun or shotgun ammunition in Illinois for the purpose of participating in that event. A person may purchase or obtain a shotgun or shotgun ammunition under this subsection only at the site where the sanctioned competitive shooting event is being held. For purposes of this subsection, "sanctioned competitive shooting event" means a shooting contest officially recognized by a national or state shooting sport association, and includes any sight-in or practice conducted in conjunction with the event. (c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3)). (Source: P.A. 90-490, eff. 8-17-97.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on November 29, 2001 Sen. Carl Hawkinson s/Rep. Dan Reitz s/Sen. Edward Petka s/Rep. Thomas J. Dart s/Sen. Frank Watson s/Rep. Barbara Flynn Currie s/Sen. John J. Cullerton s/Rep. Art Tenhouse Sen. George P. Shadid s/Rep. Mike Bost Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of a bill of the following title, the veto of the Governor to the contrary notwithstanding, to-wit: House Bill No. 198 A bill for AN ACT with regard to education. Adopted by the Senate, November 29, 2001, by a three-fifths vote. 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of
[November 29, 2001] 102 the following title, to-wit: House Bill No. 279 A bill for AN ACT concerning emergency medical dispatches. Concurred in by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 279 in manner and form as follows: AMENDMENT TO HOUSE BILL 279 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 279 on page 1, line 30, by replacing "non-discretionary" with "non-discriminatory"; and on page 2, line 33, by replacing "EMD and EMD agency" with "EMS Medical Director". Date: November 15, 2001 Donne Trotter Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 445 A bill for AN ACT in relation to schools. Concurred in by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 445 in manner and form as follows: AMENDMENT TO HOUSE BILL 445 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 445 on page 6, by replacing "Any" with "Except as otherwise provided in this Act, any"; and on page 6, line 8, by inserting "on public school district property" between "events" and "when". Date: November 27, 2001 William Mahar Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 549 A bill for AN ACT concerning public defenders. Concurred in by the Senate, November 28, 2001.
103 [November 29, 2001] Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 549 in manner and form as follows: AMENDMENT TO HOUSE BILL 549 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 549 as follows: on page 2, after line 2, by inserting the following: "Section 99. Effective date. This Act takes effect July 1, 2002.". Date: November 15, 2001 John J. Cullerton Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 1011 A bill for AN ACT concerning zoning. Concurred in by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 1011 in manner and form as follows: AMENDMENT TO HOUSE BILL 1011 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 1011 as follows: on page 3, line 19, by replacing "municipality" with "county". Date: November 15, 2001 George P. Shadid Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 1356 A bill for AN ACT concerning speech. Concurred in by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 1356 in manner and form as follows: AMENDMENT TO HOUSE BILL 1356 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 1356 on page 1, line 26, by deleting "Before January 1,"; and
[November 29, 2001] 104 on page 1, by deleting lines 27 through 29; and on page 2, by deleting lines 1 through 5; and on page 2, line 6, by deleting "Act."; and on page 2, line 10, after the period, by inserting "This Section does not apply to speech-language pathology paraprofessionals approved by the State Board of Education."; and on page 30, line 12, after the word "assistant", by inserting "or a speech-language pathology paraprofessional"; and on page 31, line 18, by deleting "Before"; and on page 31, by deleting lines 19 through 22; and on page 32, line 22, by inserting "(a)" after the period; and on page 33, after line 2, by inserting the following: "(b) Until January 1, 2004, a person holding a bachelor's level degree in communication disorders who was employed to assist a speech-language pathologist on the effective date of this amendatory Act of the 92nd General Assembly shall be eligible to receive a license as a speech-language pathology assistant from the Department upon completion of forms prescribed by the Department and the payment of the required fee.". Date: November 26, 2001 Judith A. Myers Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 1696 A bill for AN ACT concerning natural resources. Concurred in by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 1696 in manner and form as follows: AMENDMENT TO HOUSE BILL 1696 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 1696 as follows: on page 1, line 20, after "hold", by inserting "(i) a 2-year degree and 3 consecutive years of experience as a police officer with the same law enforcement agency or (ii)". Date: November 27, 2001 Laura Kent Donahue Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 2412 A bill for AN ACT in relation to alcoholic liquor. Concurred in by the Senate, November 28, 2001.
105 [November 29, 2001] Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 2412 in manner and form as follows: AMENDMENT TO HOUSE BILL 2412 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 2412 on page 3, line 15, by inserting after "Soldier Field," the following: "not more than one and a half hours before the start of the game and not after the end of the third quarter of the game,". Date: November 27, 2001 Stanley B. Weaver Senator 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 to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 3172 A bill for AN ACT in relation to criminal law. Concurred in by the Senate, November 28, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 3172 in manner and form as follows: AMENDMENT TO HOUSE BILL 3172 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 3172 as follows: on page 2, by replacing lines 15 through 17 with the following: "collection kits. A sexual assault nurse examiner may conduct examinations using the sexual assault evidence collection kits, without the presence or participation of a physician. The Department of Public Health"; and on page 2, by inserting after line 27 the following: "Section 99. Effective date. This Act takes effect January 1, 2002.". Date: November 27, 2001 Doris Karpiel Senator Concurred in by the Senate, November 29, 2001. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 2528 in manner and form as follows: AMENDMENT TO HOUSE BILL 2528 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 2528 as follows: on page 2, line 15, by inserting after the period the following: "Except as otherwise provided in this subsection, the seizure and confiscation procedures set forth in Section 1-215 of this Code shall apply."; and on page 3, line 6, by inserting after the period the following: "Except as otherwise provided in this subsection, the seizure and confiscation procedures set forth in Section 1-215 of this Code shall apply.".
[November 29, 2001] 106 Date: November 28, 2001 Todd Sieben Senator REPORT FROM STANDING COMMITTEE 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 Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 2 to HOUSE BILL 1829. The committee roll call vote on HOUSE BILL 1829 is as follows: 12, Yeas; 1, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou (Howard) Y Biggins (Tenhouse) Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair (Colvin) N Poe, Spkpn Y Rutherford Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law 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 Amendments numbered 1, 2, 3, 5 and 6 to HOUSE BILL 2299. The committee roll call vote on HOUSE BILL 2299 is as follows: 9, Yeas; 1, Nays; 1, Answering Present. N O'Brien, Chair Y Johnson A Bradley Y Jones, Lou (Mautino) Y Brady Y Lindner Y Brosnahan, V-Chair A Smith, Michael P Brunsvold Y Turner, John Y Delgado Y Wait Y Winkel, Spkpn Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law 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 2296. That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to SENATE BILL 397. The committee roll call vote on the Motion to concur in Senate Amendment No. 1 to HOUSE BILLS 2296 and the First Conference Committee Report to SENATE BILL 397 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley Y Jones, Lou (Mautino) Y Brady Y Lindner Y Brosnahan, V-Chair (Fowler) Y Smith, Michael Y Brunsvold Y Turner, John Y Delgado Y Wait
107 [November 29, 2001] Y Winkel, Spkpn CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Hartke submitted the following First Conference Committee Report on HOUSE BILL 3188 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 3188 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 3188, recommend the following: (1) that the House concur in Senate Amendments Nos. 1 and 2; and (2) that House Bill 3188, AS AMENDED, be further amended, with reference to page and line numbers of Senate Amendment No. 2, on page 1, lines 7 and 8, by replacing "and 7-103.145" with "7-103.145, 7-103.146, 7-103.147, and 7-103.148"; and on page 14, after line 28, by inserting the following: "(735 ILCS 5/7-103.146 new) Sec. 7-103.146. Quick-take; Village of Plainfield. Quick-take proceedings under Section 7-103 may be used by the Village of Plainfield for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly to acquire any portion of the following described property for a 30-foot sanitary sewer easement: THAT PART OF THE FRACTIONAL SOUTHEAST QUARTER OF FRACTIONAL SECTION 8, & TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE INDIAN BOUNDARY LINE, DESCRIBED AS COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 35 MINUTES 10 SECONDS EAST, ON SAID SOUTH LINE, 1941.46 FEET, TO THE WEST LINE OF PARCEL A PER CONDEMNATION CASE W66G730H; THENCE NORTH 01 DEGREE 06 MINUTES 43 SECONDS WEST, ON SAID WEST LINE, 61.62 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 126. PER DOCUMENT NO. 484643, FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREE 06 MINUTES 43 SECONDS WEST, 30.00 FEET, TO A POINT 30.00 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, SAID NORTH RIGHT-OF-WAY; THENCE SOUTH 89 DEGREES 29 MINUTES 41 SECONDS WEST, PARALLEL WITH SAID NORTH RIGHT-OF-WAY, 482.39 FEET, TO A POINT 30.00 FEET NORTH OF AN ANGLE POINT IN SAID RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 55 MINUTES 28 SECONDS WEST, PARALLEL WITH SAID NORTH RIGHT-OF-WAY, 1297.00 FEET, TO THE EAST LINE OF THE WEST 160.00 FEET OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 11 MINUTES 55 SECONDS WEST, ON SAID EAST LINE, 30.00 FEET, TO THE NORTH RIGHT-OF-WAY AFORESAID; THENCE SOUTH 89 DEGREES 55 MINUTES 28 SECONDS EAST, ON SAID NORTH RIGHT-OF-WAY, 1297.22 FEET, TO AN ANGLE POINT IN SAID RIGHT-OF-WAY; THENCE NORTH 89 DEGREES 29 MINUTES 41 SECONDS EAST, ON SAID NORTH RIGHT-OF-WAY, 482.86 FEET, TO THE POINT OF BEGINNING, ALL IN WILL COUNTY, ILLINOIS. PIN NO. 03-08-400-005. (735 ILCS 5/7-103.147 new) Sec. 7-103.147. Quick-take; City of West Chicago. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the City of West Chicago for the acquisition of the following described property for the purpose of constructing a water
[November 29, 2001] 108 treatment plant: Lots 1 and 2 in Owen Larson's subdivision, of part of the northwest 1/4 of Section 5, Township 39 North, Range 9, East of the Third Principal Meridian, According to the Plat thereof Recorded November 10, 1992 as Document R92-217425, in DuPage County, Illinois. Permanent Parcel Numbers 04-05-200-036 and 04-05-200-037. (735 ILCS 5/7-103.148 new) Sec. 7-103.148. Quick-take; Village of Melrose Park. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Melrose Park for the acquisition of the following described property for the purpose of constructing a parking facility and training facility for use by the Village of Melrose Park Fire Prevention Bureau and Fire Station: LOT 8 (EXCEPT THE NORTH 51.0 FEET THEREOF) IN HEATH'S RESUBDIVISION OF LOTS H, K, R AND S OF BLOCK 7 IN HENRY SOFFEL'S THIRD ADDITION TO MELROSE PARK IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. REAL ESTATE TAX NUMBER 15-04-303-058.". Submitted on November 29, 2001. s/Sen. John J. Cullerton s/Rep. Charles Hartke Sen. s/Rep. Barbara Flynn Currie Sen. s/Rep. Gary Hannig Sen. s/Rep. Art Tenhouse Sen. s/Rep. Skip Saviano Committee for the Senate Committee for the House Representative Reitz submitted the following First Conference Committee Report on SENATE BILL 397 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 397 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1 and 2 to Senate Bill 397, recommend the following: (1) that the Senate concur in House Amendments Nos. 1 and 2; and (2) that Senate Bill 397, AS AMENDED, be further amended by replacing the title with the following: "AN ACT in relation to public safety."; and by replacing everything after the enacting clause with the following: "Section 5. The Firearm Owners Identification Card Act is amended by changing Section 3a as follows: (430 ILCS 65/3a) (from Ch. 38, par. 83-3a) Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non-resident with a valid non-resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of
109 [November 29, 2001] Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois. (b-5) Any non-resident who is participating in a sanctioned competitive shooting event, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm, may purchase or obtain a shotgun or shotgun ammunition in Illinois for the purpose of participating in that event. A person may purchase or obtain a shotgun or shotgun ammunition under this subsection only at the site where the sanctioned competitive shooting event is being held. For purposes of this subsection, "sanctioned competitive shooting event" means a shooting contest officially recognized by a national or state shooting sport association, and includes any sight-in or practice conducted in conjunction with the event. (c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3)). (Source: P.A. 90-490, eff. 8-17-97.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on November 29, 2001. s/Sen. John J. Cullerton s/Rep. Dan Reitz Sen. s/Rep. Thomas Dart Sen. s/Rep. Barbara Flynn Currie Sen. s/Rep. Art Tenhouse Sen. s/Rep. Mike Bost Committee for the Senate Committee for the House CHANGE OF SPONSORSHIP Representative Biggins asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2299. Representative Currie asked and obtained unanimous consent to be removed as chief sponsor and Representative O'Brien asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 22. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 3697. Introduced by Representative Schmitz, a bill for AN ACT concerning fire protection. HOUSE BILL 3698. Introduced by Representative Murphy, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3699. Introduced by Representatives O'Brien - Curry, a bill for AN ACT concerning compensation. HOUSE BILL 3700. Introduced by Representative Murphy, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3701. Introduced by Representative Murphy, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3702. Introduced by Representative Murphy, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3703. Introduced by Representative O'Brien, a bill for AN ACT concerning nuclear safety. HOUSE BILL 3704. Introduced by Representatives Giles - Garrett - Murphy - Delgado - Monique Davis, Collins, Fowler and Smith, a bill for AN ACT regarding schools.
[November 29, 2001] 110 HOUSE BILL 3705. Introduced by Representatives Delgado - Monique Davis - Miller - Giles, Fowler and Smith, a bill for AN ACT in relation to schools. HOUSE BILL 3706. Introduced by Representative Miller, a bill for AN ACT regarding schools. HOUSE BILL 3707. Introduced by Representative Saviano, a bill for AN ACT in relation to public employee benefits. HOUSE BILL 3708. Introduced by Representative Saviano, a bill for AN ACT concerning dietetic and nutrition services. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 573 Offered by Representative May: GET RESO HERE HOUSE RESOLUTION 575 Offered by Representative Madigan: GET RESO HERE CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 3017, having been printed, was taken up for consideration. Representative John Jones moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3017. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Leitch, SENATE BILL 1264 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: 98, Yeas; 8, Nays; 9, Answering Present. (ROLL CALL 3) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Burke, SENATE BILL 1269 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 114, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 4)
111 [November 29, 2001] This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 758. Having been printed, was taken up and read by title a second time. Representative Hannig offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 758 AMENDMENT NO. 1. Amend Senate Bill 758 by replacing everything after the enacting clause with the following: "Section 5. "AN ACT making appropriations", Public Act 92-8, approved June 11, 2001, is amended by changing Section 10 in Article 3 as follows: (P.A. 92-8, Art. 3, Sec. 10) Sec. 10. The amount of $51,042,000
[November 29, 2001] 112 The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Pursuant to the Motion submitted previously, Representative O'Brien moved that the House concur with the Senate in the acceptance of the Governor's Specific Recommendations for Change to SENATE BILL 175, by adoption of the following amendment: AMENDMENT TO SENATE BILL 175 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 175 as follows: on page 3, line 34, by inserting "or to the dependent children of victims" after "victims"; and on page 3, line 34, by replacing "as defined in" with "pursuant to"; and on page 4, line 1, by deleting "Section 103 of"; and on page 4, line 2, by replacing "to the dependent children of victims of domestic" with "the Domestic Violence Shelters Act"; and on page 4, line 3, by deleting "violence"; and on page 4, line 3, by inserting "of such a building or other structure" after "feet"; and on page 4, line 4, by inserting ""Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act." after the period. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 7) The motion, having received the votes of a constitutional majority of the Members elected, prevailed and the House concurred with the Senate in the adoption of the Governor's Specific Recommendations for Change. Ordered that the Clerk inform the Senate. RESOLUTIONS HOUSE RESOLUTION 544 was taken up for consideration. Representative Wright moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON SECOND READING SENATE BILL 1089. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1089 AMENDMENT NO. 2. Amend Senate Bill 1089, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Regulatory Sunset Act is amended by changing Section 4.12 and adding Section 4.22 as follows: (5 ILCS 80/4.12) (from Ch. 127, par. 1904.12) Sec. 4.12. The following Acts are repealed December 31, 2001: The Professional Boxing and Wrestling Act. The Interior Design Profession Title Act. The Detection of Deception Examiners Act.
113 [November 29, 2001] (5 ILCS 80/4.22 new) Sec. 4.22. Acts repealed on January 1, 2012. The following Act is repealed on January 1, 2012: The Water Well and Pump Installation Contractor's License 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. 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 Saviano, SENATE BILL 1089 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, 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 Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 573 was taken up for consideration. Representative May moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 9) The motion prevailed and the Resolution was adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 2 to HOUSE BILL 1829, having been printed, was taken up for consideration. Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendment No. 2. And on that motion, a vote was taken resulting as follows: 60, Yeas; 50, Nays; 4, Answering Present. (ROLL CALL 10) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 2 to HOUSE BILL 1829. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 3098, having been printed, was taken up for consideration. Representative Dart moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3098. Ordered that the Clerk inform the Senate.
[November 29, 2001] 114 CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1, 2, 3, 5 and 6 to HOUSE BILL 2299, having been printed, were taken up for consideration. Representative Daniels moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1, 2, 3, 5 and 6. And on that motion, a vote was taken resulting as follows: 106, Yeas; 1, Nays; 7, Answering Present. (ROLL CALL 12) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1, 2, 3, 5 and 6 to HOUSE BILL 2299. Ordered that the Clerk inform the Senate. RESOLUTION The following resolution was offered and placed in the Committee on Rules. HOUSE RESOLUTION 569 Offered by Representative Novak: GET RESO HERE CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendments numbered 1 and 2 to HOUSE BILL 3188, submitted to the House previously, was taken up for consideration. Representative Hartke moved the First Conference Committee Report be adopted. Pending discussion, the First Conference Committee Report to HOUSE BILL 3188 was placed on the order of Consideration Postponed. Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendments numbered 1 and 2 to HOUSE BILL 3188, submitted to the House previously, was taken up for consideration. Representative Hartke moved the First Conference Committee Report be adopted. And on that motion, a vote was taken resulting as follows: 53, Yeas; 50, Nays; 11, Answering Present. (ROLL CALL 13) The motion was lost. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 569 was taken up for consideration. Representative Novak moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 12:55 o'clock p.m. RESOLUTIONS
115 [November 29, 2001] Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 575 was taken up for consideration. Representative Madigan moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. RESOLUTIONS HOUSE RESOLUTION 445, 484, 514, 516, 517. 518, 519, 520, 521, 523, 524, 526, 528, 530, 531, 532, 533, 536, 537, 539, 540, 543, 545, 548, 550, 551, 552, 553, 554, 555, 557, 558, 560, 563, 564, 566, 564, 566, 567, 568, 571, 574, 576, 577 and 578 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. HOUSE RESOLUTION 549 was taken up for consideration. Representative Madigan moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Mathias moved to reconsider the vote by which the First Conference Committee Report to HOUSE BILL 3188 lost in the House earlier today. And on that motion, a vote was taken resulting as follows: 74, Yeas; 36, Nays; 4, Answering Present. (ROLL CALL 14) The motion prevailed. RECESS At the hour of 1:51 o'clock p.m., Representative Currie moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 2:50 o'clock p.m., the House resumed its session. Representative Hartke in the Chair. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 4 was distributed to the Members at 2:50 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 2296, having been printed, was taken up for consideration. Representative Hultgren moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 2296. Ordered that the Clerk inform the Senate. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Judiciary II-Criminal Law on earlier today, the First Conference Committee Report on SENATE
[November 29, 2001] 116 Amendments numbered 1 and 2 to SENATE BILL 397, submitted to the House previously, was taken up for consideration. Representative Reitz moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 90, Yeas; 23, Nays; 1, Answering Present. (ROLL CALL 16) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 5 was distributed to the Members at 3:48 o'clock p.m. RESOLUTIONS Having been reported out of the Committee on Rules on earlier today, HOUSE RESOLUTION 580 was taken up for consideration. Representative Holbrook moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 6 was distributed to the Members at 4:55 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 2 to HOUSE BILL 3426, having been printed, was taken up for consideration. Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendment No. 2. And on that motion, a vote was taken resulting as follows: 114, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 2 to HOUSE BILL 3426. Ordered that the Clerk inform the Senate. 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 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. 45 RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, November 29, 2001, the Senate stands adjourned until Wednesday, January 9, 2002, at 12:00 o'clock noon; and the House of Representatives stands adjourned until Wednesday, January 9, 2002, at 1:00 o'clock p.m.
117 [November 29, 2001] Adopted by the Senate, November 29, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of Senate Joint Resolution 45 was taken up for immediate consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and SENATE JOINT RESOLUTION 45 was adopted. Ordered that the Clerk inform the Senate. At the hour of 5:20 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 45, the House stood adjourned until January 9, 2002, at 1:00 o'clock p.m.
[November 29, 2001] 118 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 29, 2001 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P PERSICO P BEAUBIEN P FLOWERS P LINDNER P POE P BELLOCK P FORBY P LYONS,EILEEN P REITZ P BERNS P FOWLER P LYONS,JOSEPH P RIGHTER P BIGGINS P FRANKS P MATHIAS P RUTHERFORD P BLACK P FRITCHEY P MAUTINO P RYAN P BOLAND P GARRETT P MAY P SAVIANO P BOST P GILES P McAULIFFE P SCHMITZ P BRADLEY P GRANBERG P McCARTHY P SCHOENBERG P BRADY P HAMOS P McGUIRE P SCULLY P BROSNAHAN P HANNIG P McKEON P SLONE P BRUNSVOLD P HARTKE P MENDOZA P SMITH P BUGIELSKI P HASSERT P MEYER P SOMMER P BURKE P HOEFT P MILLER P SOTO P CAPPARELLI P HOFFMAN P MITCHELL,BILL P STEPHENS P COLLINS P HOLBROOK P MITCHELL,JERRY P TENHOUSE P COLVIN P HOWARD P MOFFITT P TURNER P COULSON 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 E 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
119 [November 29, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3017 TOURISM PROMOTION FUND-GRANTS MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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 29, 2001] 120 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1264 STATE FINANCES-TECH THIRD READING PASSED NOV 29, 2001 98 YEAS 8 NAYS 9 PRESENT Y ACEVEDO P ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS P 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 N GARRETT P MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG N McCARTHY N SCHOENBERG Y BRADY P 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 P MILLER N SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS P COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER N COULSON Y HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON P MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE E JONES,LOU Y MYERS Y WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK Y WRIGHT Y DANIELS E KENNER Y O'BRIEN P YARBROUGH Y DART Y KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE N KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE P OSTERMAN Y MR. SPEAKER N DELGADO N KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
121 [November 29, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1269 STATE TREASURER-TECHNICAL THIRD READING PASSED NOV 29, 2001 114 YEAS 0 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 P 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 E 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 29, 2001] 122 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 758 $DEPT AGING-VOLUNTEER GRANTS THIRD READING PASSED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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
123 [November 29, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3247 LAND CONVEYANCE-IDOT ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED NOV 29, 2001 110 YEAS 2 NAYS 2 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 P FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY A SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY N 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 N 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 E 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 P MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 29, 2001] 124 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 175 CRIM CD-AGG BATTERY ACCEPT AMENDATORY VETO PREVAILED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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
125 [November 29, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1089 WATER WELL & PUMP-SUNSET THIRD READING PASSED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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 29, 2001] 126 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE RESOLUTION 573 IMPACT AID FUNDS ADOPTED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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
127 [November 29, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1829 COURT CLERK-FEES-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO. 2 CONCURRED NOV 29, 2001 60 YEAS 50 NAYS 4 PRESENT Y ACEVEDO Y ERWIN Y LAWFER N PARKE N BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS N LINDNER N POE Y BELLOCK N FORBY N LYONS,EILEEN Y REITZ N BERNS Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BIGGINS N FRANKS N MATHIAS Y RUTHERFORD Y BLACK N FRITCHEY Y MAUTINO Y RYAN N BOLAND N GARRETT N MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE N SCHMITZ N BRADLEY Y GRANBERG N McCARTHY N SCHOENBERG N BRADY N HAMOS Y McGUIRE Y SCULLY N BROSNAHAN Y HANNIG Y McKEON N SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH N BUGIELSKI Y HASSERT Y MEYER N SOMMER Y BURKE N HOEFT N MILLER P SOTO Y CAPPARELLI Y HOFFMAN N MITCHELL,BILL N STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD N MOFFITT Y TURNER N COULSON Y HULTGREN N MOORE Y WAIT Y COWLISHAW N JEFFERSON Y MORROW N WINKEL Y CROSS N JOHNSON N MULLIGAN Y WINTERS N CROTTY N JONES,JOHN P MURPHY N WIRSING Y CURRIE E JONES,LOU N MYERS N WOJCIK N CURRY Y JONES,SHIRLEY N NOVAK Y WRIGHT Y DANIELS E KENNER N O'BRIEN P YARBROUGH N DART N 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 P DELGADO N KURTZ Y PANKAU N DURKIN A LANG E - Denotes Excused Absence
[November 29, 2001] 128 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3098 OPEN MEET-CLOSED MEET MINUTES MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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
129 [November 29, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2299 CRIM CD-VEHICLE SEIZURE-ESCAPE MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1, 2, 3, 5 & 6 CONCURRED NOV 29, 2001 106 YEAS 1 NAYS 7 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 P 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 P 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 N COLVIN P HOWARD Y MOFFITT P TURNER Y COULSON Y HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON P MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS Y CROTTY Y JONES,JOHN Y MURPHY Y WIRSING Y CURRIE E JONES,LOU Y MYERS Y WOJCIK Y CURRY P JONES,SHIRLEY Y NOVAK Y WRIGHT Y DANIELS E KENNER A O'BRIEN P 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 29, 2001] 130 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3188 CIV PRO-QUICK TAKE-VARIOUS ADOPT FIRST CONFERENCE COMMITTEE REPORT LOST NOV 29, 2001 53 YEAS 50 NAYS 11 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE N BASSI P FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN N FLOWERS N LINDNER Y POE N BELLOCK N FORBY N LYONS,EILEEN Y REITZ N BERNS Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BIGGINS N FRANKS N MATHIAS N RUTHERFORD Y BLACK P FRITCHEY Y MAUTINO N RYAN Y BOLAND N GARRETT N MAY Y SAVIANO N BOST P GILES Y McAULIFFE N SCHMITZ Y BRADLEY Y GRANBERG N McCARTHY N SCHOENBERG N BRADY N HAMOS Y McGUIRE N SCULLY N 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 P MILLER P SOTO Y CAPPARELLI Y HOFFMAN N MITCHELL,BILL Y STEPHENS P COLLINS Y HOLBROOK N MITCHELL,JERRY Y TENHOUSE N COLVIN P HOWARD Y MOFFITT Y TURNER N COULSON N HULTGREN Y MOORE N WAIT N COWLISHAW N JEFFERSON P MORROW N WINKEL Y CROSS N JOHNSON N MULLIGAN N WINTERS N CROTTY N JONES,JOHN Y MURPHY Y WIRSING Y CURRIE E JONES,LOU N MYERS N WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER A O'BRIEN P YARBROUGH N DART N KLINGLER N O'CONNOR Y YOUNGE N DAVIS,MONIQUE N KOSEL Y OSMOND N ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN P MR. SPEAKER P DELGADO N KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
131 [November 29, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3188 CIV PRO-QUICK TAKE-VARIOUS ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED NOV 29, 2001 74 YEAS 36 NAYS 4 PRESENT Y ACEVEDO Y ERWIN Y LAWFER N PARKE N BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN P FLOWERS N LINDNER Y POE N BELLOCK N FORBY N LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BIGGINS N FRANKS Y MATHIAS N RUTHERFORD Y BLACK N FRITCHEY Y MAUTINO N RYAN Y BOLAND N GARRETT N MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG N McCARTHY N SCHOENBERG N BRADY N HAMOS Y McGUIRE N SCULLY N BROSNAHAN Y HANNIG A McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER N SOMMER Y BURKE Y HOEFT P MILLER Y SOTO Y CAPPARELLI Y HOFFMAN N MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE P COLVIN Y HOWARD Y MOFFITT Y TURNER N COULSON Y HULTGREN Y MOORE N WAIT Y COWLISHAW N JEFFERSON Y MORROW Y WINKEL Y CROSS Y JOHNSON N MULLIGAN Y WINTERS N CROTTY N JONES,JOHN Y MURPHY Y WIRSING Y CURRIE E JONES,LOU N MYERS N WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK N WRIGHT Y DANIELS E KENNER Y O'BRIEN Y YARBROUGH N DART N KLINGLER N O'CONNOR N YOUNGE N DAVIS,MONIQUE Y KOSEL Y OSMOND N ZICKUS Y DAVIS,STEVE Y KRAUSE Y OSTERMAN P MR. SPEAKER Y DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 29, 2001] 132 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2296 CRIM CD-CONTACT-GANG MEMBER MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED NOV 29, 2001 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN Y FLOWERS Y LINDNER Y POE Y BELLOCK Y FORBY Y LYONS,EILEEN Y REITZ Y BERNS Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BIGGINS Y FRANKS Y MATHIAS Y RUTHERFORD Y BLACK Y FRITCHEY Y MAUTINO Y RYAN Y BOLAND Y GARRETT Y MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ Y BRADLEY Y GRANBERG Y McCARTHY Y SCHOENBERG Y BRADY Y HAMOS Y McGUIRE Y SCULLY Y BROSNAHAN Y HANNIG Y McKEON Y SLONE Y BRUNSVOLD Y HARTKE Y MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER Y BURKE Y HOEFT Y MILLER Y SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE Y COLVIN Y HOWARD Y MOFFITT Y TURNER Y COULSON 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 E 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
133 [November 29, 2001] NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 397 FIREARM OWNR ID-CRIMNAL HISTRY ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED NOV 29, 2001 90 YEAS 23 NAYS 1 PRESENT N ACEVEDO N ERWIN Y LAWFER Y PARKE Y BASSI N FEIGENHOLTZ Y LEITCH Y PERSICO Y BEAUBIEN N 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 N FRITCHEY Y MAUTINO Y RYAN Y BOLAND N GARRETT N MAY Y SAVIANO Y BOST Y GILES Y McAULIFFE Y SCHMITZ N BRADLEY Y GRANBERG N McCARTHY N SCHOENBERG Y BRADY Y HAMOS Y McGUIRE N SCULLY N BROSNAHAN Y HANNIG N McKEON Y SLONE Y BRUNSVOLD Y HARTKE N MENDOZA Y SMITH Y BUGIELSKI Y HASSERT Y MEYER Y SOMMER N BURKE Y HOEFT Y MILLER N SOTO Y CAPPARELLI Y HOFFMAN Y MITCHELL,BILL Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,JERRY Y TENHOUSE N COLVIN Y HOWARD Y MOFFITT Y TURNER N COULSON Y HULTGREN Y MOORE Y WAIT Y COWLISHAW Y JEFFERSON P MORROW Y WINKEL Y CROSS Y JOHNSON Y MULLIGAN Y WINTERS N CROTTY Y JONES,JOHN Y MURPHY Y WIRSING N CURRIE E JONES,LOU Y MYERS Y WOJCIK Y CURRY Y JONES,SHIRLEY Y NOVAK Y WRIGHT Y DANIELS E KENNER Y O'BRIEN N YARBROUGH Y DART A KLINGLER Y O'CONNOR Y YOUNGE Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y ZICKUS Y DAVIS,STEVE Y KRAUSE N OSTERMAN Y MR. SPEAKER N DELGADO Y KURTZ Y PANKAU Y DURKIN Y LANG E - Denotes Excused Absence
[November 29, 2001] 134 NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3426 MOTION TO CONCUR IN SENATE AMENDMENT NO. 2 CONCURRED NOV 29, 2001 114 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 A 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 E 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