STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
137TH LEGISLATIVE DAY
TUESDAY, MAY 28, 2002
9:00 O'CLOCK A.M.
NO. 137
[May 28, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 137th Legislative Day Action Page(s) Adjournment........................................ 19 Committee on Rules Referrals....................... 5 Corrections Budget & Impact Note Supplied.......... 5 Letter of Transmittal.............................. 3 Quorum Roll Call................................... 3 Recess............................................. 10 Recess............................................. 10 Bill Number Legislative Action Page(s) HB 1006 Motion Submitted................................... 5 HB 3999 Motion Submitted................................... 5 HB 4409 Committee Report - Concur in SA.................... 7 HB 4720 Committee Report - Concur in SA.................... 8 HB 4948 Committee Report - Concur in SA.................... 8 HB 5375 Motion Submitted................................... 5 HR 0965 Resolution......................................... 8 HR 0966 Resolution......................................... 9 SB 0314 Committee Report................................... 7 SB 0314 Second Reading - Amendment/s....................... 10 SB 0449 Committee Report................................... 4 SB 1798 Motion Submitted................................... 5 SB 1983 Committee Report-Floor Amendment/s................. 6 SB 2212 Committee Report-Floor Amendment/s................. 7 SB 2291 First Reading...................................... 18 SB 2291 Senate Message - Passage of Senate Bill............ 6 SB 2390 First Reading...................................... 18 SB 2390 Senate Message - Passage of Senate Bill............ 6 SB 2392 Committee Report................................... 6 SB 2392 Second Reading..................................... 18 SB 2393 Committee Report................................... 6 SB 2393 Second Reading..................................... 18 SB 2394 Committee Report................................... 6 SB 2394 Second Reading..................................... 18 SB 2395 Committee Report................................... 6 SB 2395 Second Reading..................................... 18
3 [May 28, 2002] 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 Parke 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: 117 present. (ROLL CALL 1) REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Durkin, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Ryan, should be recorded as present. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 28, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Committee, Third Reading Deadlines and/or Final Passage Deadlines until Friday, May 31, 2002 for the following Senate Bills: Senate Bills: 2392, 2393, 2394, 2395, 2396, 2397 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 28, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House
[May 28, 2002] 4 Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Third Reading Deadline and/or Final Passage Deadlines until Friday, May 31, 2002 for the Senate Bill listed below: Senate Bill: 449 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 28, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Committee, Third Reading and/or Final Passage Deadlines until Friday, May 31, 2002 for the Senate Bill listed below: Senate Bill: 2291 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House SENATE BILLS 449, 2291, 2392, 2393, 2394, 2396 and 2397. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 449. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair Y Hannig N Cross A Tenhouse, Spkpn Y Turner, Art
5 [May 28, 2002] COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Executive: House Amendment 1 to SENATE BILL 2212. Committee on Judiciary I-Civil Law: House Amendment 4 to SENATE BILL 698. Committee on Revenue: House Amendment 5 to SENATE BILL 449. JOINT ACTION MOTIONS SUBMITTED Representative Righter submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #2 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 1006. Representative Saviano submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #2 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 3999. Representative Bost submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 5375. Representative Krause submitted the following written motion, which was placed on the Calendar on the order of Non-concurrence: MOTION #1 I move to refuse to recede from House Amendments numbered 1 and 2 to SENATE BILL 1798 MOTIONS SUBMITTED Representative Lang submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 25, I move to suspend the posting requirements so that the House Revenue Committee May meet for Subject Matter Hearing related to gaming. CORRECTIONS BUDGET & IMPACT NOTE SUPPLIED A Corrections Budget & Impact Note has been supplied for HOUSE BILL 4563, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has passed 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. 2291
[May 28, 2002] 6 A bill for AN ACT in relation to gaming. Passed by the Senate, May 28, 2002. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 2291 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. 2390 A bill for AN ACT regarding appropriations. Passed by the Senate, May 28, 2002. Jim Harry, Secretary of the Senate The foregoing SENATE BILL 2390 was ordered printed and to a First Reading. REPORTS FROM STANDING COMMITTEES Representative Morrow, Chairperson, from the Committee on Appropriations - Public Safety to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: SENATE BILLS 2392, 2393, 2394 and 2395. The committee roll call vote on SENATE BILLS 2392, 2393, 2394 and 2395 is as follows: 10, Yeas; 6, Nays; 3, Answering Present. Y Morrow, Chair N McAuliffe N Brady Y McGuire Y Delgado (Hartke) N Mitchell, Bill Y Franks (Currie) P Pankau, Spkpn Y Hoffman Y Saviano P Johnson N Schmitz Y Jones, Lou N Stephens Y Lyons, Joseph (Ryan) Y Stroger (Colvin) P Mautino, V-Chair N Wait Y Younge (Holbrook) Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 1983. The committee roll call vote on Amendment No. 3 to SENATE BILL 1983 is as follows: 11, Yeas; 6, Nays; 1, Answering Present. Y Giles, Chair Y Johnson (Tenhouse) Y Bassi Y Kosel A Collins N Krause N Cowlishaw, Spkpn N Miller
7 [May 28, 2002] Y Crotty P Mitchell, Jerry N Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan N Fowler Y Murphy Y Garrett A Osterman N Hoeft Y Smith, Michael A Winkel (Cross) Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 314. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 2212. The committee roll call vote on SENATE BILL 314 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair A Capparelli A Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley A Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on House Amendment No. 1 to SENATE BILL 2212 is as follows: 11, Yeas; 2, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli (Hannig) Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins N McKeon Y Bradley Y Pankau Y Bugielski, V-Chair N Poe, Spkpn Y Rutherford Representative Bugielski, Chairperson, from the Committee on Financial Institutions 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 4409. The committee roll call vote on Motion to Concur to Senate Amendment No. 1 to HOUSE BILL 4409 is as follows: 16, Yeas; 0, Nays; 0, Answering Present. Y Bugielski, Chair Y Lyons, Joseph Y Biggins Y Meyer, Spkpn A Burke, V-Chair Y Morrow A Capparelli Y Novak Y Davis, Monique Y O'Connor Y Durkin A Righter Y Giles Y Saviano Y Hassert A Schoenberg Y Hultgren Y Simpson Y Jones, Shirley Y Zickus Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations:
[May 28, 2002] 8 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 4720. The committee roll call vote on Motion to Concur with Senate Amendment No. 1 to HOUSE BILL 4720 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond Y Hamos Y Righter, Spkpn A Hoffman Y Scully Y Klingler Y Wait Y Lang Y Wright Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles 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 and 2 to HOUSE BILL 4948. The committee roll call vote on the Motion to Concur in Senate Amendments numbered 1 and 2 to HOUSE BILL 4948 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair A Kosel A Bassi A Lyons, Joseph Y Black Y Mathias Y Brosnahan Y McAuliffe Y Collins A O'Brien, V-Chair Y Fowler A O'Connor A Garrett Y Osterman Y Hamos Y Reitz A Hartke A Schmitz Y Jones, John Y Wait, Spkpn Y Zickus RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 965 Offered by Representative Brosnahan: WHEREAS, The members of the Illinois House of Representatives are forever indebted to and have the greatest pride in all soldiers who served on our nation's behalf in the Korean War; and WHEREAS, Thousands of new immigrants to the United States volunteered for or were drafted into the United States Armed Forces during the Korean War prior to becoming American citizens; and WHEREAS, These noncitizen immigrants proudly, enthusiastically, and faithfully served in the United States armed services during the war, oftentimes receiving battlefield citations and commendations for bravery; and WHEREAS, In 1953, a law was enacted and signed by President Eisenhower granting citizenship to noncitizen immigrant soldiers after 90 to 120 days of active service; and WHEREAS, The 1953 law signed by President Eisenhower did not have a grandfather clause; and WHEREAS, An untold number of noncitizen United States soldiers were killed in action in the Korean War prior to the enactment of the 1953 law; and
9 [May 28, 2002] WHEREAS, Those noncitizen soldiers who were killed in action prior to 1953 were not honored by the United States with military burials but instead had their remains transported to their native countries for burial; and WHEREAS, A bill now pending in the United States Congress, H.R. 2623, would enable the family members of noncitizen United States soldiers killed in action while serving our nation to apply for posthumous citizenship for those soldiers; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Congress of the United States to enact legislation granting posthumous citizenship to noncitizen servicemen killed in action while serving our nation in the armed forces of the United States; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Speaker of the U.S. House of Representatives, the Majority Leader of the U.S. Senate, and each member of the Illinois congressional delegation. HOUSE RESOLUTION 966 Offered by Representative Hoffman: WHEREAS, Due to such factors as urban sprawl, wider and more dangerous streets, and greater traffic volume, it has become increasingly difficult for all pedestrians, including those with disabilities, to travel throughout communities across Illinois; and WHEREAS, Accessible Pedestrian Signals can augment the use of sound judgement and defensive traveling by all pedestrians, including those with disabilities, helping them to cross streets more safely; and WHEREAS, Accessible Pedestrians Signal technology has been in use for some time in such Illinois communities as Peoria, providing valuable assistance to those who choose to use it to aid in crossing streets; and WHEREAS, Today's Accessible Pedestrian Signal technology has advanced to the point that it is no more obtrusive to surrounding residents than traffic and other noises; and WHEREAS, On April 27, 2001, staff from the Illinois Department of Transportation expressed support for installing Accessible Pedestrian Signals in discussions with members of the Illinois Council of the Blind, but wanted to do so only after the standards for their installation were available in the Manual on Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration; and WHEREAS, These standards are now available, having been published in the MUTCD in January 2002; and WHEREAS, The cost for installing Accessible Pedestrian Signals is about $4,000 per intersection; and WHEREAS, 80% of the cost of these signals can be paid for in areas near public transportation facilities with Federal dollars available pursuant to Section 1202 of the Transportation Equity Act for the 21st Century; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Illinois Department of Transportation is strongly urged to immediately implement programs to assist communities with the installation of Accessible Pedestrian Signals requested by their residents which comply with current standards as published in the Manual on Uniform Traffic Control Devices; and be it further RESOLVED, That the Illinois House of Representatives further urge the Illinois Department of Transportation to install Accessible Pedestrian Signals at intersections under its jurisdiction that are either newly constructed or rehabilitated where pedestrian crossing facilities and traffic signals are present; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Secretary of the Illinois Department of Transportation. CONVENEING THE COMMITTEE ON THE WHOLE
[May 28, 2002] 10 At the hour of 9:15 o'clock a.m., Representative Currie asked and obtained unanimous consent to resolve the House itself into a Committee of the Whole. RECESS At the hour of 1:01 o'clock p.m., Representative Hannig moved that the Committee of the Whole do now take a recess until the call of the Chair. The motion prevailed. At the hour of 1:02 o'clock p.m., Representative Hartke reconvened the House in Regular Session. ACTION ON MOTIONS Representative Lang moved to suspend the posting requirements so that the Committee on Revenue can meet tomorrow on the subject matter of riverboat license. Representative Black objected to the motion. The Motion was denied. RECESS At the hour of 2:00 o'clock p.m., Representative Hartke moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 2:25 o'clock p.m., the House resumed its session as a Committee of the Whole. At the hour of 7:03 o'clock p.m., Representative Currie moved that the Committee of the Whole do now take a recess until the call of the Chair. The motion prevailed. At the hour of 7:04 o'clock p.m., the House resumed Regular Session. Speaker Madigan in the Chair. SENATE BILLS ON SECOND READING SENATE BILL 314. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 314 AMENDMENT NO. 1. Amend Senate Bill 314 by replacing the title with the following: "AN ACT in relation to public employee benefits."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 5-167.5, 6-164.2, 8-164.1, and 11-160.1 as follows: (40 ILCS 5/5-167.5) (from Ch. 108 1/2, par. 5-167.5) Sec. 5-167.5. Group health benefit. (a) For the purposes of this Section: (1) "annuitant" means a person receiving an age and service annuity, a prior service annuity, a widow's annuity, a widow's prior service annuity, or a minimum annuity, under Article 5, 6, 8 or 11, by reason of previous employment by the City of Chicago (hereinafter, in this Section, "the city"); (2)
11 [May 28, 2002] "Medicare Plan annuitant" means an annuitant described in item (1) who is eligible for Medicare benefits; and (3) "non-Medicare Plan annuitant" means an annuitant described in item (1) who is not eligible for Medicare benefits. (b) The city shall offer group health benefits to annuitants and their eligible dependents through June 30, 2003
[May 28, 2002] 12 to receive medicare benefits, and up to a maximum of $45 per month for each such annuitant who is qualified to receive medicare benefits. The payments described in this subsection shall be paid from the tax levy authorized under Section 5-168; such amounts shall be credited to the reserve for group hospital care and group medical and surgical plan benefits, and all payments to the city required under this subsection shall be charged against it. (e) The city's obligations under subsections (b) and (c) shall terminate on June 30, 2003
13 [May 28, 2002] Provider Plan and may offer additional plans for any annuitant. The city may amend, modify, or terminate any of its additional plans at its sole discretion. If the city offers more than one annuitant plan, the city shall allow annuitants to convert coverage from one city annuitant plan to another, except the basic city plan, during times designated by the city, which periods of time shall occur at least annually. For the period dating from June 27,
[May 28, 2002] 14 purposes of Section 5 of Article XIII of the Illinois Constitution of 1970. (g) For each annuitant plan offered by the city, the aggregate cost of claims, as reflected in the claim records of the plan administrator, shall be estimated by the city, based upon a written determination by a qualified independent actuary to be appointed and paid by the city and the board. If the estimated annual cost for each annuitant plan offered by the city is more than the estimated amount to be contributed by the city for that plan pursuant to subsections (b) and (c) during that year plus the estimated amounts to be paid pursuant to subsection (d) and by the other pension boards on behalf of other participating annuitants, the difference shall be paid by all annuitants participating in the plan, except as provided in subsection (b). The city, based upon the determination of the independent actuary, shall set the monthly amounts to be paid by the participating annuitants. The board may deduct the amounts to be paid by its annuitants from the participating annuitants' monthly annuities. If it is determined from the city's annual audit, or from audited experience data, that the total amount paid by all participating annuitants was more or less than the difference between (1) the cost of providing the group health care plans, and (2) the sum of the amount to be paid by the city as determined under subsection (c) and the amounts paid by all the pension boards, then the independent actuary and the city shall account for the excess or shortfall in the next year's payments by annuitants, except as provided in subsection (b). (h) An annuitant may elect to terminate coverage in a plan at the end of any month, which election shall terminate the annuitant's obligation to contribute toward payment of the excess described in subsection (g). (i) The city shall advise the board of all proposed premium increases for health care at least 75 days prior to the effective date of the change, and any increase shall be prospective only. (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/8-164.1) (from Ch. 108 1/2, par. 8-164.1) Sec. 8-164.1. Group health benefit. (a) For the purposes of this Section: (1) "annuitant" means a person receiving an age and service annuity, a prior service annuity, a widow's annuity, a widow's prior service annuity, or a minimum annuity, under Article 5, 6, 8 or 11, by reason of previous employment by the City of Chicago (hereinafter, in this Section, "the city"); (2) "Medicare Plan annuitant" means an annuitant described in item (1) who is eligible for Medicare benefits; and (3) "non-Medicare Plan annuitant" means an annuitant described in item (1) who is not eligible for Medicare benefits. (b) The city shall offer group health benefits to annuitants and their eligible dependents through June 30, 2003
15 [May 28, 2002] non-Medicare Plan coverage only shall not exceed the highest premium rate chargeable under any city non-Medicare Plan annuitant coverage as of December 1, 1996. (2) For non-Medicare Plan annuitants who retire on or after January 1, 1988, the annuitant's share of monthly premium for non-Medicare Plan coverage only shall be the rate in effect on December 1, 1996, with monthly premium increases to take effect no sooner than April 1, 1998 at the lower of (i) the premium rate determined pursuant to subsection (g) or (ii) 10% of the immediately previous month's rate for similar coverage. (3) In no event shall any non-Medicare Plan annuitant's share of monthly premium for non-Medicare Plan coverage exceed 10% of the annuitant's monthly annuity. (4) Non-Medicare Plan annuitants who are enrolled in the basic city plan as of July 1, 1998 may remain in the basic city plan, if they so choose, on the condition that they are not entitled to the caps on rates set forth in subparagraphs (1) through (3), and their premium rate shall be the rate determined in accordance with subsections (c) and (g). (5) Medicare Plan annuitants who are currently enrolled in the basic city plan for Medicare eligible annuitants may remain in that plan, if they so choose, through June 30, 2003
[May 28, 2002] 16 1970. (g) For each annuitant plan offered by the city, the aggregate cost of claims, as reflected in the claim records of the plan administrator, shall be estimated by the city, based upon a written determination by a qualified independent actuary to be appointed and paid by the city and the board. If the estimated annual cost for each annuitant plan offered by the city is more than the estimated amount to be contributed by the city for that plan pursuant to subsections (b) and (c) during that year plus the estimated amounts to be paid pursuant to subsection (d) and by the other pension boards on behalf of other participating annuitants, the difference shall be paid by all annuitants participating in the plan, except as provided in subsection (b). The city, based upon the determination of the independent actuary, shall set the monthly amounts to be paid by the participating annuitants. The board may deduct the amounts to be paid by its annuitants from the participating annuitants' monthly annuities. If it is determined from the city's annual audit, or from audited experience data, that the total amount paid by all participating annuitants was more or less than the difference between (1) the cost of providing the group health care plans, and (2) the sum of the amount to be paid by the city as determined under subsection (c) and the amounts paid by all the pension boards, then the independent actuary and the city shall account for the excess or shortfall in the next year's payments by annuitants, except as provided in subsection (b). (h) An annuitant may elect to terminate coverage in a plan at the end of any month, which election shall terminate the annuitant's obligation to contribute toward payment of the excess described in subsection (g). (i) The city shall advise the board of all proposed premium increases for health care at least 75 days prior to the effective date of the change, and any increase shall be prospective only. (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/11-160.1) (from Ch. 108 1/2, par. 11-160.1) Sec. 11-160.1. Group health benefit. (a) For the purposes of this Section: (1) "annuitant" means a person receiving an age and service annuity, a prior service annuity, a widow's annuity, a widow's prior service annuity, or a minimum annuity, under Article 5, 6, 8 or 11, by reason of previous employment by the City of Chicago (hereinafter, in this Section, "the city"); (2) "Medicare Plan annuitant" means an annuitant described in item (1) who is eligible for Medicare benefits; and (3) "non-Medicare Plan annuitant" means an annuitant described in item (1) who is not eligible for Medicare benefits. (b) The city shall offer group health benefits to annuitants and their eligible dependents through June 30, 2003
17 [May 28, 2002] premium rate chargeable under any city non-Medicare Plan annuitant coverage as of December 1, 1996. (2) For non-Medicare Plan annuitants who retire on or after January 1, 1988, the annuitant's share of monthly premium for non-Medicare Plan coverage only shall be the rate in effect on December 1, 1996, with monthly premium increases to take effect no sooner than April 1, 1998 at the lower of (i) the premium rate determined pursuant to subsection (g) or (ii) 10% of the immediately previous month's rate for similar coverage. (3) In no event shall any non-Medicare Plan annuitant's share of monthly premium for non-Medicare Plan coverage exceed 10% of the annuitant's monthly annuity. (4) Non-Medicare Plan annuitants who are enrolled in the basic city plan as of July 1, 1998 may remain in the basic city plan, if they so choose, on the condition that they are not entitled to the caps on rates set forth in subparagraphs (1) through (3), and their premium rate shall be the rate determined in accordance with subsections (c) and (g). (5) Medicare Plan annuitants who are currently enrolled in the basic city plan for Medicare eligible annuitants may remain in that plan, if they so choose, through June 30, 2003
[May 28, 2002] 18 (b). The city, based upon the determination of the independent actuary, shall set the monthly amounts to be paid by the participating annuitants. The board may deduct the amounts to be paid by its annuitants from the participating annuitants' monthly annuities. If it is determined from the city's annual audit, or from audited experience data, that the total amount paid by all participating annuitants was more or less than the difference between (1) the cost of providing the group health care plans, and (2) the sum of the amount to be paid by the city as determined under subsection (c) and the amounts paid by all the pension boards, then the independent actuary and the city shall account for the excess or shortfall in the next year's payments by annuitants, except as provided in subsection (b). (h) An annuitant may elect to terminate coverage in a plan at the end of any month, which election shall terminate the annuitant's obligation to contribute toward payment of the excess described in subsection (g). (i) The city shall advise the board of all proposed premium increases for health care at least 75 days prior to the effective date of the change, and any increase shall be prospective only. (Source: P.A. 90-32, eff. 6-27-97.) Section 90. The State Mandates Act is amended by adding Section 8.26 as follows: (30 ILCS 805/8.26 new) Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was held on the order of Second Reading. Having been printed, the following bills were taken up, read by title a second time and held on the order of Second Reading: SENATE BILLS 2392, 2393, 2394 and 2395. COMMITTEE OF THE WHOLE At the hour of 7:12 o'clock p.m., Representative Currie asked and obtained unanimous consent to reconvene the Committee of the Whole. Representative Hannig in the Chair. At the hour of 12:30 o'clock a.m., Representative Currie moved that House resume Regular Session and that the Committee of the Whole does now arise. The motion prevailed. Representative Currie in the Chair. SENATE BILLS ON FIRST READING Having been printed, the following bills were taken up, read by title a first time and placed in the Committee on Rules: SENATE BILLS 2291 and 2390. At the hour of 12:30 o'clock a.m., Representative Hannig moved that the House do now adjourn until Wednesday, May 29, 2002, at 12:00 o'clock noon. The motion prevailed. And the House stood adjourned.
19 [May 28, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 28, 2002 0 YEAS 0 NAYS 117 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO A CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG