STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
149TH LEGISLATIVE DAY
THURSDAY, DECEMBER 5, 2002
9:00 O'CLOCK A.M.
NO. 149
[December 5, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 149th Legislative Day Action Page(s) Adjournment........................................ 43 Fiscal Note Requested.............................. 5 Quorum Roll Call................................... 4 State Mandates Note Requested...................... 5 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 1264 Concurrence in Senate Amendment/s.................. 38 HB 1531 Senate Message - Passage w/ SA..................... 15 HB 2463 Motion Submitted................................... 5 HB 2742 Motion Submitted................................... 5 HB 3717 Motion Submitted................................... 5 HB 5159 Senate Message - Passage w/ SA..................... 18 HB 5169 Motion............................................. 36 HJR 0090 Adoption........................................... 42 HR 1045 Adoption........................................... 21 HR 1051 Adoption........................................... 21 HR 1055 Adoption........................................... 42 HR 1111 Adoption........................................... 21 HR 1112 Adoption........................................... 21 HR 1113 Adoption........................................... 21 HR 1114 Adoption........................................... 21 HR 1115 Adoption........................................... 21 HR 1116 Adoption........................................... 21 HR 1117 Adoption........................................... 21 HR 1120 Adoption........................................... 21 HR 1121 Adoption........................................... 21 HR 1122 Adoption........................................... 21 HR 1123 Adoption........................................... 21 HR 1124 Adoption........................................... 21 HR 1125 Adoption........................................... 21 HR 1126 Adoption........................................... 21 HR 1127 Adoption........................................... 21 HR 1128 Adoption........................................... 21 HR 1129 Adoption........................................... 21 HR 1130 Adoption........................................... 21 HR 1131 Adoption........................................... 21 HR 1132 Adoption........................................... 21 HR 1133 Adoption........................................... 41 HR 1134 Adoption........................................... 21 HR 1135 Adoption........................................... 21 HR 1136 Adoption........................................... 21 HR 1137 Adoption........................................... 21 HR 1138 Adoption........................................... 21 HR 1139 Adoption........................................... 21 HR 1142 Adoption........................................... 41 HR 1143 Adoption........................................... 41 HR 1144 Adoption........................................... 41 HR 1145 Adoption........................................... 41 HR 1146 Adoption........................................... 41 HR 1147 Adoption........................................... 41 HR 1148 Adoption........................................... 41 HR 1149 Adoption........................................... 41 HR 1150 Adoption........................................... 41 HR 1151 Adoption........................................... 41 HR 1152 Adoption........................................... 41
3 [December 5, 2002] Bill Number Legislative Action Page(s) HR 1153 Adoption........................................... 41 HR 1154 Adoption........................................... 41 HR 1155 Adoption........................................... 41 HR 1156 Adoption........................................... 41 HR 1157 Adoption........................................... 41 HR 1158 Adoption........................................... 41 HR 1159 Adoption........................................... 41 HR 1160 Adoption........................................... 41 HR 1161 Adoption........................................... 41 HR 1162 Adoption........................................... 41 SB 0912 Committee Report-Floor Amendment/s................. 5 SB 0912 Committee Report-Floor Amendment/s................. 6 SB 0912 Second Reading - Amendment/s....................... 21 SB 0912 Third Reading...................................... 32 SB 1258 Committee Report-Floor Amendment/s................. 5 SB 1258 Second Reading - Amendment/s....................... 38 SB 1650 Second Reading - Amendment/s....................... 36 SB 1650 Third Reading...................................... 38 SB 2291 Committee Report................................... 6 SB 2291 Second Reading..................................... 41 SB 2390 Committee Report-Floor Amendment/s................. 5 SB 2390 Second Reading - Amendment/s....................... 33 SB 2390 Third Reading...................................... 36 SB 2424 Second Reading..................................... 41 SB 2424 Third Reading...................................... 41 SJR 0056 Adoption........................................... 41 SJR 0056 Committee Report................................... 6
[December 5, 2002] 4 The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by Dr. Walter Peacock of the Medinah Baptist Church in Medinah, Illinois. Representative Pankau 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: 112 present. (ROLL CALL 1) By unanimous consent, Representatives Collins, Granberg, Hoeft, Lou Jones, Kenner and McCarthy were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Murphy, 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 Younge, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Cowlishaw replaced Representative Rutherford, and Representative Osmond replaced Representative Kosel in the Committee on Elementary & Secondary Education on December 4, 2002. Representative Tenhouse replaced Representative Rutherford in the Committee on Executive on December 4, 2002. Representative Winkel replaced Representative Johnson in the Committee on Labor on December 4, 2002. Representative Mendoza replaced Representative Hannig in the Committee on Rules on November 26, 2002. Representative Lang replaced Representative Turner, and Representative Granberg replaced Representative Turner in the Committee on Rules on December 2, 2002. Representative Lang replaced Representative Turner, Representative Lang replaced Representative Hannig, and Representative Capparelli replaced Representative Hannig in the Committee on Rules on December 4, 2002. Representative Lang replaced Representative Hannig in the Committee on Rules on December 5, 2002. Representative Hamos replaced Representative Acevedo in the Committee on Conservation & Land Use on December 3, 2002. Representative Scully replaced Representative McKeon, and Representative Steve Davis replaced Representative McKeon in the Committee on Executive on December 4, 2002. Representative Hamos replaced Representative Forby, Representative Acevedo replaced Representative Franks, and Representative Howard replaced Representative Kenner in the Committee on State Government Administration on December 3, 2002. Representative Mautino replaced Representative Garrett, and Representative Lang replaced Representative Osterman in the Committee on Elementary & Secondary Education on December 3, 2002. Representative Lang replaced Representative Murphy in the Committee on Elementary & Secondary Education on December 4, 2002. Representative Dunkin replaced Representative Shirley Jones in the Committee on Labor on December 5, 2002. Representative Scully replaced Representative McGuire in the Committee on Constitutional Officers on December 4, 2002. Representative Mautino replaced Representative Hamos in the Committee on Judiciary I on December 3, 2002.
5 [December 5, 2002] Representative Hoffman replaced Representative Howard in the Committee on Human Services on December 3, 2002. Representative Reitz replaced Representative Brunsvold, and Representative Steve Davis replaced Representative Yarbrough in the Committee on Insurance on December 3, 2002. Representative Brunsvold replaced Representative Kenner in the Committee on Revenue on December 3, 2002. 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 Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 912. Amendment No. 3 to SENATE BILL 1258. Amendment No. 2 to SENATE BILL 2390. The committee roll call vote on Amendment No. 3 to SENATE BILL 912, Amendment No. 3 to SENATE BILL 1258 and Amendment No. 2 to SENATE BILL 2390 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig (Lang) A Cross Y Tenhouse, Spkpn Y Turner, Art JOINT ACTION MOTIONS SUBMITTED Representative Wait submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1, 3 and 4 to HOUSE BILL 2463. Representative Boland submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2742. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 4 and 5 to HOUSE BILL 3717. REQUEST FOR FISCAL NOTE Representative Tenhouse requested that a Fiscal Note be supplied for SENATE BILL 2291. Representative Leitch requested that a Fiscal Note be supplied for SENATE BILL 1258, as amended. REQUEST FOR STATE MANDATES NOTE Representative Tenhouse requested that a State Mandates Note be supplied for SENATE BILL 2291. Representative Leitch requested that a State Mandate Note be supplied for SENATE BILL 1258, as amended.
[December 5, 2002] 6 REPORTS FROM STANDING COMMITTEES Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 2291. The committee roll call vote on SENATE BILL 2291 is as follows: 7, Yeas; 4, Nays; 0, Answering Present. Y Burke, Chair A Capparelli Y Acevedo Y Hassert Y Beaubien A Jones, Lou N Biggins Y McKeon Y Bradley N Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford (Tenhouse) Representative McKeon, Chairperson, from the Committee on Labor 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: SENATE JOINT RESOLUTION 56. The committee roll call vote on SENATE JOINT RESOLUTION 56 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y McKeon, Chair A Howard A Acevedo Y Hultgren Y Beaubien, Spkpn Y Johnson (Winkel) Y Bellock Y Jones, Shirley (Dunkin) Y Curry, Julie Y Marquardt A Dart Y Parke A Davis, Monique A Ryan Y Hassert Y Simpson Y Hoffman Y Slone Y Wright 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. 2 to SENATE BILL 912. The committee roll call vote on House Amendment No. 2 to SENATE BILL 912 is as follows: 18, Yeas; 0, Nays; 0, Answering Present. Y Giles, Chair A Johnson Y Bassi Y Kosel Y Collins Y Krause A Cowlishaw, Spkpn (Rutherford) Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan Y Fowler Y Murphy (Lang) Y Garrett Y Osterman A Hoeft Y Smith, Michael Y Winkel MESSAGES FROM THE SENATE A message from the Senate by
7 [December 5, 2002] 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. 2 A bill for AN ACT in relation to alternate fuels. Concurred in by the Senate, December 4, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 2 in manner and form as follows: AMENDMENT TO HOUSE BILL 2 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 2, on page 1, line 13, by replacing "electricity." with "electricity, excluding on-board electric generation."; and on page 3, line 1, by replacing "Act; (2) determine" with "Act and (2) recommend"; and on page 3, line 2, by replacing "grants and review" with "grants."; and on page 3, by deleting lines 3 through 6; and on page 3, by replacing line 19 with "research program shall remain in effect, subject to appropriation after calendar year
[December 5, 2002] 8
9 [December 5, 2002] 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. 4074 A bill for AN ACT in relation to criminal law. Concurred in by the Senate, December 4, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 4074 in manner and form as follows: AMENDMENT TO HOUSE BILL 4074 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4074 as follows: on page 2, line 34, after the period, by inserting the following: "A retired law enforcement officer may be certified by the Illinois State Police only to (i) prepare petitions for the authority to intercept private oral communications in accordance with the provisions of this Act; (ii) intercept and supervise the interception of private oral communications; (iii) handle, safeguard, and use evidence derived from such private oral communications; and (iv) operate and maintain equipment used to intercept private oral communications.". Date: November 26, 2002 Antonio Munoz 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. 4179 A bill for AN ACT in relation to criminal law. Concurred in by the Senate, December 4, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 4179 in manner and form as follows: AMENDMENT TO HOUSE BILL 4179 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4179 as follows: on page 3, lines 10 and 14, by replacing "
[December 5, 2002] 10 Date: December 2, 2002 Lisa Madigan 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. 4938 A bill for AN ACT concerning State records. Concurred in by the Senate, December 4, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 4938 in manner and form as follows: AMENDMENT TO HOUSE BILL 4938 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 4938 as follows: on page 2, by replacing line 29 with the following: "Sec. 3. Records as property of State. (a) All records"; and on page 3, by replacing line 5 with the following: "prohibited by law. (b) Reports and records of the obligation,"; and on page 13, line 22, by inserting "subsection (b) of" after "of". Date: November 21, 2002 Lawrence M. Walsh 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. 5610 A bill for AN ACT in relation to vehicles. Concurred in by the Senate, December 4, 2002. Jim Harry, Secretary of the Senate I move to accept the specific recommendations of the Governor as to House Bill 5610 in manner and form as follows: AMENDMENT TO HOUSE BILL 5610 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend House Bill 5610 on page 1, line 6, by replacing "Section" with "Sections 11-208.2 and"; and on page 1, by inserting between lines 12 and 13 the following: "(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2) Sec. 11-208.2. Limitation on home rule units. The provisions of this Chapter of this Act limit the authority of home rule units to adopt local police regulations inconsistent herewith except pursuant to Sections 11-208,
11 [December 5, 2002] (Source: P.A. 77-706.)"; and on page 1, line 18, by inserting after the period the following: "Nothing in this Section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of local government from regulating or prohibiting the use of electric personal assistive mobility devices."; and on page 1, line 25, by inserting after the period the following: "Nothing in this Section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of local government from regulating or prohibiting the use of electric personal assistive mobility devices."; and on page 2, line 2, by inserting "device" after "mobility"; and on page 2, line 3, by inserting after the period the following: "Nothing in this Section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of local government from regulating or prohibiting the use of electric personal assistive mobility devices.". Date: December 3, 2002 Dave Sullivan 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 in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1701 A bill for AN ACT concerning naprapaths. House Amendment No. 1 to SENATE BILL NO. 1701. House Amendment No. 3 to SENATE BILL NO. 1701. House Amendment No. 6 to SENATE BILL NO. 1701. Action taken by the Senate, December 5, 2002. 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 a bill of the following title, the Governor's specific recommendations for change to the contrary notwithstanding, to-wit: House Bill No. 2058 A bill for AN ACT in relation to terrorism. Passed by the Senate, December 5, 2002, 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 of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1531
[December 5, 2002] 12 A bill for AN ACT in relation to tobacco. 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. 1531. Passed the Senate, as amended, December 5, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1531 by replacing the title with the following: "AN ACT concerning State finance."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by changing Sections 13.2 and 25 as follows: (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) Sec. 13.2. Transfers among line item appropriations. (a) Transfers among line item appropriations from the same treasury fund for the objects specified in this Section may be made in the manner provided in this Section when the balance remaining in one or more such line item appropriations is insufficient for the purpose for which the appropriation was made. No transfers may be made from one agency to another agency, nor may transfers be made from one institution of higher education to another institution of higher education. Transfers may be made only among the objects of expenditure enumerated in this Section, except that no funds may be transferred from any appropriation for personal services, from any appropriation for State contributions to the State Employees' Retirement System, from any separate appropriation for employee retirement contributions paid by the employer, nor from any appropriation for State contribution for employee group insurance. Further, if an agency receives a separate appropriation for employee retirement contributions paid by the employer, any transfer by that agency into an appropriation for personal services must be accompanied by a corresponding transfer into the appropriation for employee retirement contributions paid by the employer, in an amount sufficient to meet the employer share of the employee contributions required to be remitted to the retirement system. (b) In addition to the general transfer authority provided under subsection (c), the following agencies have the specific transfer authority granted in this subsection: The Illinois Department of Public Aid is authorized to make transfers representing savings attributable to not increasing grants due to the births of additional children from line items for payments of cash grants to line items for payments for employment and social services for the purposes outlined in subsection (f) of Section 4-2 of the Illinois Public Aid Code. The Department of Children and Family Services is authorized to make transfers not exceeding 2% of the aggregate amount appropriated to it within the same treasury fund for the following line items among these same line items: Foster Home and Specialized Foster Care and Prevention, Institutions and Group Homes and Prevention, and Purchase of Adoption and Guardianship Services. The Department on Aging is authorized to make transfers not exceeding 2% of the aggregate amount appropriated to it within the same treasury fund for the following Community Care Program line items among these same line items: Homemaker and Senior Companion Services, Case Coordination Units, and Adult Day Care Services. The State Treasurer is authorized to make transfers among line item appropriations from the Capital Litigation Trust Fund when the balance remaining in one or more such line item appropriations is insufficient
13 [December 5, 2002] for the purpose for which the appropriation was made, provided that no such transfer may be made unless the amount transferred is no longer required for the purpose for which that appropriation was made. (c) The sum of such transfers for an agency in a fiscal year shall not exceed 2% of the aggregate amount appropriated to it within the same treasury fund for the following objects: Personal Services; Extra Help; Student and Inmate Compensation; State Contributions to Retirement Systems; State Contributions to Social Security; State Contribution for Employee Group Insurance; Contractual Services; Travel; Commodities; Printing; Equipment; Electronic Data Processing; Operation of Automotive Equipment; Telecommunications Services; Travel and Allowance for Committed, Paroled and Discharged Prisoners; Library Books; Federal Matching Grants for Student Loans; Refunds; Workers' Compensation, Occupational Disease, and Tort Claims; and, in appropriations to institutions of higher education, Awards and Grants. Notwithstanding the above, any amounts appropriated for payment of workers' compensation claims to an agency to which the authority to evaluate, administer and pay such claims has been delegated by the Department of Central Management Services may be transferred to any other expenditure object where such amounts exceed the amount necessary for the payment of such claims. (c-1) Special provisions for State fiscal year 2003. Notwithstanding any other provision of this Section to the contrary, for State fiscal year 2003 only, transfers among line item appropriations to an agency from the same treasury fund may be made provided that the sum of such transfers for an agency in State fiscal year 2003 shall not exceed 3% of the aggregate amount appropriated to that State agency for State fiscal year 2003 for the following objects: personal services, except that no transfer may be approved which reduces the aggregate appropriations for personal services within an agency; extra help; student and inmate compensation; State contributions to retirement systems; State contributions to social security; State contributions for employee group insurance; contractual services; travel; commodities; printing; equipment; electronic data processing; operation of automotive equipment; telecommunications services; travel and allowance for committed, paroled, and discharged prisoners; library books; federal matching grants for student loans; refunds; workers' compensation, occupational disease, and tort claims; and, in appropriations to institutions of higher education, awards and grants. (d) Transfers among appropriations made to agencies of the Legislative and Judicial departments and to the constitutionally elected officers in the Executive branch require the approval of the officer authorized in Section 10 of this Act to approve and certify vouchers. Transfers among appropriations made to the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Illinois Mathematics and Science Academy and the Board of Higher Education require the approval of the Board of Higher Education and the Governor. Transfers among appropriations to all other agencies require the approval of the Governor. The officer responsible for approval shall certify that the transfer is necessary to carry out the programs and purposes for which the appropriations were made by the General Assembly and shall transmit to the State Comptroller a certified copy of the approval which shall set forth the specific amounts transferred so that the Comptroller may change his records accordingly. The Comptroller shall furnish the Governor with information copies of all transfers approved for agencies of the Legislative and Judicial departments and transfers approved by the constitutionally elected officials of the Executive branch other than the Governor, showing the amounts transferred and indicating the dates such changes were entered on the Comptroller's records. (Source: P.A. 92-600, eff. 6-28-02.) (30 ILCS 105/25) (from Ch. 127, par. 161)
[December 5, 2002] 14 Sec. 25. Fiscal year limitations. (a) All appropriations shall be available for expenditure for the fiscal year or for a lesser period if the Act making that appropriation so specifies. A deficiency or emergency appropriation shall be available for expenditure only through June 30 of the year when the Act making that appropriation is enacted unless that Act otherwise provides. (b) Outstanding liabilities as of June 30, payable from appropriations which have otherwise expired, may be paid out of the expiring appropriations during the 2-month period ending at the close of business on August 31. Any service involving professional or artistic skills or any personal services by an employee whose compensation is subject to income tax withholding must be performed as of June 30 of the fiscal year in order to be considered an "outstanding liability as of June 30" that is thereby eligible for payment out of the expiring appropriation. However, payment of tuition reimbursement claims under Section 14-7.03 or 18-3 of the School Code may be made by the State Board of Education from its appropriations for those respective purposes for any fiscal year, even though the claims reimbursed by the payment may be claims attributable to a prior fiscal year, and payments may be made at the direction of the State Superintendent of Education from the fund from which the appropriation is made without regard to any fiscal year limitations. Medical payments may be made by the Department of Veterans' Affairs from its appropriations for those purposes for any fiscal year, without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year. Medical payments may be made by the Department of Public Aid and child care payments may be made by the Department of Human Services (as successor to the Department of Public Aid) from appropriations for those purposes for any fiscal year, without regard to the fact that the medical or child care services being compensated for by such payment may have been rendered in a prior fiscal year; and payments may be made at the direction of the Department of Central Management Services from the Health Insurance Reserve Fund and the Local Government Health Insurance Reserve Fund without regard to any fiscal year limitations. Additionally, payments may be made by the Department of Human Services from its appropriations, or any other State agency from its appropriations with the approval of the Department of Human Services, from the Immigration Reform and Control Fund for purposes authorized pursuant to the Immigration Reform and Control Act of 1986, without regard to any fiscal year limitations. Further, payments may be made by the State Treasurer from its appropriations from the Capital Litigation Trust Fund without regard to any fiscal year limitations. (c) Further, payments may be made by the Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) from their respective appropriations for grants for medical care to or on behalf of persons suffering from chronic renal disease, persons suffering from hemophilia, rape victims, and premature and high-mortality risk infants and their mothers and for grants for supplemental food supplies provided under the United States Department of Agriculture Women, Infants and Children Nutrition Program, for any fiscal year without regard to the fact that the services being compensated for by such payment may have been rendered in a prior fiscal year. (d) The Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services provided in any prior fiscal year. This report
15 [December 5, 2002] shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years. (e) The Department of Public Aid and the Department of Human Services (acting as successor to the Department of Public Aid) shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before November 30, a report that shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for (i) services provided in prior fiscal years and (ii) services for which claims were received in prior fiscal years. (f) The Department of Human Services (as successor to the Department of Public Aid) shall annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services (other than medical care) provided in any prior fiscal year. This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years. (g) In addition, each annual report required to be submitted by the Department of Public Aid under subsection (e) shall include the following information with respect to the State's Medicaid program: (1) Explanations of the exact causes of the variance between the previous year's estimated and actual liabilities. (2) Factors affecting the Department of Public Aid's liabilities, including but not limited to numbers of aid recipients, levels of medical service utilization by aid recipients, and inflation in the cost of medical services. (3) The results of the Department's efforts to combat fraud and abuse. (h) As provided in Section 4 of the General Assembly Compensation Act, any utility bill for service provided to a General Assembly member's district office for a period including portions of 2 consecutive fiscal years may be paid from funds appropriated for such expenditure in either fiscal year. (i) An agency which administers a fund classified by the Comptroller as an internal service fund may issue rules for: (1) billing user agencies in advance based on estimated charges for goods or services; (2) issuing credits during the subsequent fiscal year for all user agency payments received during the prior fiscal year which were in excess of the final amounts owed by the user agency for that period; and (3) issuing catch-up billings to user agencies during the subsequent fiscal year for amounts remaining due when payments received from the user agency during the prior fiscal year were less than the total amount owed for that period. User agencies are authorized to reimburse internal service funds for catch-up billings by vouchers drawn against their respective appropriations for the fiscal year in which the catch-up billing was issued. (Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff. 7-23-97.) 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 1531 was placed on the Calendar on the order of Concurrence. A message from the Senate by
[December 5, 2002] 16 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 5159 A bill for AN ACT in relation to executive agencies. 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. 5159. Passed the Senate, as amended, December 5, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5159 by replacing everything after the enacting clause with the following: "Section 5. The Rural Bond Bank Act is amended by changing Section 3-3 as follows: (30 ILCS 360/3-3) (from Ch. 17, par. 7203-3) Sec. 3-3. Bonds and notes of the Bank. (a) The Bank may issue its bonds and notes from time to time in any principal amounts that it considers necessary to provide funds for any of the purposes authorized by this Act, including: (1) the making of loans; (2) the payment, funding or refunding of the principal of, or interest or redemption premiums on, any bonds issued by the Bank, whether the bonds or interest to be funded or refunded have or have not become due or subject to redemption before maturity in accordance with their terms; (3) the establishment or increase of reserves to secure or to pay bonds or interest on the bonds; and (4) all other costs or expenses of the Bank incident to and necessary or convenient to carry out its corporate purposes and powers. (b) Except as expressly provided otherwise in this Act or by the Bank, every issue of bonds shall be general obligations of the Bank payable out of any revenues or funds of the Bank, subject only to any agreements with the holders of particular bonds pledging any particular revenues or funds. General obligation bonds may be additionally secured by a pledge of any grants, subsidies, contributions, funds or money from the federal government, the State, any governmental unit, any person or a pledge of any income or revenues, funds or money of the Bank from any source. Not less than 30 days prior to the commitment to issue its bonds, or the making of loans or the purchasing of securities for the purpose of financing residential properties or related improvements, the Bank shall provide notice to the Executive Director of the Illinois Housing Development Authority. Within 30 days after notice is provided, the Illinois Housing Development Authority shall either in writing express interest in financing the residential property or related improvements or notify the Bank that it is not interested in providing such financing and the Bank may finance it or seek alternative financing. (c)(1) The Bank may issue its notes for any corporate purpose of the Bank from time to time, in any principal amounts that it considers necessary, and may renew or pay and retire or refund the notes from the proceeds of bonds or of other notes, or from any other funds or money of the Bank available or to be made available for that purpose in accordance with any contract between the Bank and the noteholders, not otherwise pledged. The notes shall be
17 [December 5, 2002] issued in the same manner as bonds. The notes and the resolution or resolutions authorizing the notes may contain any provisions, conditions or limitations which the bonds or a bond resolution of the Bank may contain. (2) Unless provided otherwise in any contract between the Bank and the noteholders, and unless the notes have been otherwise paid, funded or refunded, the proceeds of any bonds of the Bank issued, among other things, to fund such outstanding notes, shall be held, used and applied by the Bank to the payment and retirement of the principal of these notes and the interest due and payable on the notes. (3) The Bank may make contracts for the future sale from time to time of the notes under which the purchaser is committed to purchase the notes from time to time on terms and conditions stated in the contracts. The Bank may pay any consideration that it determines proper for these commitments. (d) Whether or not the bonds or notes of the Bank are of such form and character as to be negotiable instruments under Article 8 of the Uniform Commercial Code, the bonds and notes shall be and are made negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, subject only to the provisions of the bonds and notes for registration. (e) Bonds or notes of the Bank shall be authorized by resolution of the Bank and may be issued in one or more series. The resolution or resolutions may provide: (1) the date or dates the bonds or notes will bear; (2) the time or times the bonds or notes will mature; (3) the rate or rates of interest per year the bonds or notes will bear; (4) the denomination or denominations of the bonds or notes; (5) the form of the bonds or notes, either coupon or registered; (6) the conversion or registration privileges carried by the bonds or notes; (7) the rank or priority of the bonds or notes; (8) the manner of execution of the bonds or notes; (9) the sources, medium and place or places, within or outside this State, of payment; and (10) the terms of redemption of the bonds or notes, with or without premium. (f) Bonds or notes of the Bank may be sold at public or private sale at the time or times and at the price or prices determined by the Bank. (g) Upon approval of the Governor, except as otherwise provided herein, bonds or notes of the Bank may be issued under this Act without obtaining the consent of any other department, division, commission, board, bureau or agency of the State, and without any other proceeding or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Act. Approval of the Governor is not required for issuances of bonds or notes as to which the Bank has determined that subsection (c) of Section 2-6 shall not apply. (h) The Bank may from time to time issue its notes as provided in this Act and pay and retire or fund or refund those notes from proceeds of bonds or of other notes, or from any other funds or money of the Bank available or to be made available for those purposes in accordance with any contract between the Bank and the noteholders. Unless provided otherwise in any contract between the Bank and the holders of notes, and unless the notes have been otherwise paid, funded or refunded, the proceeds of any bonds of the Bank issued, among other things, to fund those outstanding notes, shall be held, used and applied by the Bank to the payments and retirement of the principal of the notes and the interest due and payable on the notes. (i) The total aggregate original principal amount of all bonds and notes issued by the Bank shall not exceed $245,000,000, excluding bonds and notes issued to refund outstanding bonds and notes
[December 5, 2002] 18
19 [December 5, 2002] House Amendment No. 1 to SENATE BILL NO. 912. House Amendment No. 2 to SENATE BILL NO. 912. House Amendment No. 3 to SENATE BILL NO. 912. Action taken by the Senate, December 5, 2002, 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. 1609 A bill for AN ACT concerning health facilities. House Amendment No. 1 to SENATE BILL NO. 1609. Action taken by the Senate, December 5, 2002, 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. 1809 A bill for AN ACT in relation to taxes. House Amendment No. 2 to SENATE BILL NO. 1809. Action taken by the Senate, December 5, 2002, 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. 1966 A bill for AN ACT in relation to child support. House Amendment No. 2 to SENATE BILL NO. 1966.
[December 5, 2002] 20 Action taken by the Senate, December 5, 2002, 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. 1976 A bill for AN ACT concerning insurance. House Amendment No. 1 to SENATE BILL NO. 1976. Action taken by the Senate, December 5, 2002, 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. 2390 A bill for AN ACT regarding appropriations. House Amendment No. 1 to SENATE BILL NO. 2390. House Amendment No. 2 to SENATE BILL NO. 2390. Action taken by the Senate, December 5, 2002, 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 receded from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 4157 A bill for AN ACT concerning community development financial institutions. Action taken by the Senate, December 5, 2002. 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 adoption of the
21 [December 5, 2002] following joint resolution, to-wit: HOUSE JOINT RESOLUTION NO. 90 Concurred in the Senate, December 5, 2002. Jim Harry, Secretary of the Senate RESOLUTIONS HOUSE RESOLUTION 1045, 1051, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1134, 1135, 1136, 1137, 1138 and 1139 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. SENATE BILLS ON SECOND READING SENATE BILL 912. Having been read by title a second time on December 3, 2002, and held on the order of Second Reading, the same was again taken up. Representative Lang offered the following amendments and moved their adoption: AMENDMENT NO. 2 TO SENATE BILL 912 AMENDMENT NO. 2. Amend Senate Bill 912, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by adding Sections 18-50.1, 18-92 and 18-101.47 as follows: (35 ILCS 200/18-50.1 new) Sec. 18-50.1. Notwithstanding any other law to the contrary, any levy adopted by a School Finance Authority created under Article 1F of the School Code is valid and shall be extended by the county clerk if it is certified to the county clerk by the Authority in sufficient time to allow the county clerk to include the levy in the extension for the taxable year. (35 ILCS 200/18-92 new) Sec. 18-92. Downstate School Finance Authority for Elementary Districts Law. The provisions of the Truth in Taxation Law are subject to the Downstate School Finance Authority for Elementary Districts Law. (35 ILCS 200/18-101.47 new) Sec. 18-101.47. Downstate School Finance Authority for Elementary Districts Law. The provisions of the Cook County Truth in Taxation Law are subject to the Downstate School Finance Authority for Elementary Districts Law. Section 10. The School Code is amended by changing Sections 1B-6 and 1B-8 and adding Article 1F and Section 17-11.2 as follows: (105 ILCS 5/1B-6) (from Ch. 122, par. 1B-6) Sec. 1B-6. General powers. The purpose of the Financial Oversight Panel shall be to exercise financial control over the board of education, and, when approved by the State Board and the State Superintendent of Education, to furnish financial assistance so that the board can provide public education within the board's jurisdiction while permitting the board to meet its obligations to its creditors and the holders of its notes and bonds. Except as expressly limited by this Article, the Panel shall have all powers necessary to meet its responsibilities and to carry out its purposes and the purposes of this Article, including, but not limited to, the following powers: (a) to sue and be sued; (b) to provide for its organization and internal management; (c) to appoint a Financial Administrator to serve as the chief
[December 5, 2002] 22 executive officer of the Panel. The Financial Administrator may be an individual, partnership, corporation, including an accounting firm, or other entity determined by the Panel to be qualified to serve; and to appoint other officers, agents, and employees of the Panel, define their duties and qualifications and fix their compensation and employee benefits; (d) to approve the local board of education appointments to the positions of treasurer in a Class I county school unit and in each school district which forms a part of a Class II county school unit but which no longer is subject to the jurisdiction and authority of a township treasurer or trustees of schools of a township because the district has withdrawn from the jurisdiction and authority of the township treasurer and the trustees of schools of the township or because those offices have been abolished as provided in subsection (b) or (c) of Section 5-1, and chief school business official, if such official is not the superintendent of the district. Either the board or the Panel may remove such treasurer or chief school business official; (e) to approve any and all bonds, notes, teachers orders, tax anticipation warrants, and other evidences of indebtedness prior to issuance or sale by the school district; and notwithstanding any other provision of The School Code, as now or hereafter amended, no bonds, notes, teachers orders, tax anticipation warrants or other evidences of indebtedness shall be issued or sold by the school district or be legally binding upon or enforceable against the local board of education unless and until the approval of the Panel has been received; (f) to approve all property tax levies of the school district and require adjustments thereto as the Panel deems necessary or advisable; (g) to require and approve a school district financial plan; (h) to approve and require revisions of the school district budget; (i) to approve all contracts and other obligations as the Panel deems necessary and appropriate; (j) to authorize emergency State financial assistance, including requirements regarding the terms and conditions of repayment of such assistance, and to require the board of education to levy a separate local property tax, subject to the limitations of Section 1B-8, sufficient to repay such assistance consistent with the terms and conditions of repayment and the district's approved financial plan and budget; (k) to request the regional superintendent to make appointments to fill all vacancies on the local school board as provided in Section 10-10; (l) to recommend dissolution or reorganization of the school district to the General Assembly if in the Panel's judgment the circumstances so require; (m) to direct a phased reduction in the oversight responsibilities of the Financial Administrator and of the Panel as the circumstances permit; (n) to determine the amount of emergency State financial assistance to be made available to the school district, and to establish an operating budget for the Panel to be supported by funds available from such assistance, with the assistance and the budget required to be approved by the State Superintendent; (o) to procure insurance against any loss in such amounts and from such insurers as it deems necessary; (p) to engage the services of consultants for rendering professional and technical assistance and advice on matters within the Panel's power; (q) to contract for and to accept any gifts, grants or loans of funds or property or financial or other aid in any form from the federal government, State government, unit of local government, school district or any agency or instrumentality thereof, or from any other private or public source, and to comply with the terms and conditions thereof; (r) to pay the expenses of its operations based on the Panel's
23 [December 5, 2002] budget as approved by the State Superintendent from emergency financial assistance funds available to the district or from deductions from the district's general State aid;
[December 5, 2002] 24 be made from any fund or funds of the district in which there are moneys available. When moneys are repaid as provided herein they shall not be made available to the local board for further use as emergency financial assistance under this Article at any time thereafter. All repayments required to be made by a school district shall be received by the State Board and deposited in the School District Emergency Financial Assistance Fund. In establishing the terms and conditions for the repayment obligation of the school district the Panel shall annually determine whether a separate local property tax levy is required. The board of any school district with a tax rate for educational purposes for the prior year of less than 120% of the maximum rate for educational purposes authorized by Section 17-2 shall provide for a separate tax levy for emergency financial assistance repayment purposes. Such tax levy shall not be subject to referendum approval. The amount of the levy shall be equal to the amount necessary to meet the annual repayment obligations of the district as established by the Panel, or 20% of the amount levied for educational purposes for the prior year, whichever is less. However, no district shall be required to levy the tax if the district's operating tax rate as determined under Section 18-8 or 18-8.05 exceeds 200% of the district's tax rate for educational purposes for the prior year. (Source: P.A. 90-548, eff. 1-1-98; 90-802, eff. 12-15-98.) (105 ILCS 5/Art. 1F heading new) ARTICLE 1F. DOWNSTATE SCHOOL FINANCE AUTHORITY FOR ELEMENTARY DISTRICTS (105 ILCS 5/1F-1 new) Sec. 1F-1. Short title. This Article may be cited as the Downstate School Finance Authority for Elementary Districts Law. (105 ILCS 5/1F-5 new) Sec. 1F-5. Findings; purpose; intent. (a) The General Assembly finds all of the following: (1) A fundamental goal of the people of this State, as expressed in Section 1 of Article X of the Illinois Constitution, is the educational development of all persons to the limits of their capacities. When a board of education faces financial difficulties, continued operation of the public school system is threatened. (2) A sound financial structure is essential to the continued operation of any school system. It is vital to commercial, educational, and cultural interests that public schools remain in operation. To achieve that goal, public school systems must have effective access to the private market to borrow short and long term funds. (3) To promote the financial integrity of districts, as defined in this Article, it is necessary to provide for the creation of school finance authorities with the powers necessary to promote sound financial management and to ensure the continued operation of the public schools. (b) It is the purpose of this Article to provide a secure financial basis for the continued operation of public schools. The intention of the General Assembly, in creating this Article, is to establish procedures, provide powers, and impose restrictions to ensure the financial and educational integrity of the public schools, while leaving principal responsibility for the educational policies of public schools to the boards of education within the State, consistent with the requirements for satisfying the public policy and purpose set forth in this Article. (105 ILCS 5/1F-10 new) Sec. 1F-10. Definitions. As used in this Article: "Authority" means a School Finance Authority created under this Article. "Bonds" means bonds authorized to be issued by the Authority under Section 1F-65 of this Code. "Budget" means the annual budget of the district required under Section 17-1 of this Code, as in effect from time to time.
25 [December 5, 2002] "Chairperson" means the Chairperson of the Authority. "District" means any elementary school district having a population of not more than 500,000 that prior to December 1, 2002 has had a Financial Oversight Panel established for the district under Section 1B-4 of this Code following the district's petitioning of the State Board of Education for the creation of the Financial Oversight Panel. "Financial plan" means the financial plan of the district to be developed pursuant to this Article, as in effect from time to time. "Fiscal year" means the fiscal year of the district. "State Board" means the State Board of Education. "State Superintendent" means the State Superintendent of Education. "Obligations" means bonds and notes of the Authority. (105 ILCS 5/1F-15 new) Sec. 1F-15. Establishment of Authority; duties of district. (a) A Financial Oversight Panel created under Article 1B of this Code for a district may petition the State Board for the establishment of a School Finance Authority for the district. The petition shall cite the reasons why the creation of a School Finance Authority for the district is necessary. The State Board may grant the petition upon determining that the approval of the petition is in the best educational and financial interests of the district. The State Board may establish an Authority without a petition from a Financial Oversight Panel. In any event, an Authority may only be established by resolution of the State Board within 5 days after the effective date of this amendatory Act of the 92nd General Assembly. (b) Upon establishment of the Authority, all of the following shall occur: (1) There is established a body both corporate and politic to be known as the "(Name of School District) School Finance Authority", which in this name shall exercise all authority vested in an Authority by this Article. (2) The Financial Oversight Panel is abolished, and all of its rights, property, assets, contracts, and liabilities shall pass to and be vested in the Authority. (3) The duties and obligations of the district under Article 1B of this Code shall be transferred and become duties and obligations owed by the district to the School Finance Authority. (c) In the event of a conflict between the provisions of this Article and the provisions of Article 1B of this Code, the provisions of this Article control. (105 ILCS 5/1F-20 new) Sec. 1F-20. Members of Authority; meetings. (a) Upon establishment of a School Finance Authority under Section 1F-15 of this Code, the State Superintendent shall within 15 days thereafter appoint 5 members to serve on a School Finance Authority for the district. Of the initial members, 2 shall be appointed to serve a term of 2 years and 3 shall be appointed to serve a term of 3 years. Thereafter, each member shall serve for a term of 3 years and until his or her successor has been appointed. The State Superintendent shall designate one of the members of the Authority to serve as its Chairperson. In the event of vacancy or resignation, the State Superintendent shall, within 10 days after receiving notice, appoint a successor to serve out that member's term. The State Superintendent may remove a member for incompetence, malfeasance, neglect of duty, or other just cause. Members of the Authority shall be selected primarily on the basis of their experience and education in financial management, with consideration given to persons knowledgeable in education finance. Two members of the Authority shall be residents of the school district that the Authority serves. A member of the Authority may not be a member of the district's school board or an employee of the district nor may a member have a direct financial interest in the district. Authority members shall serve without compensation, but may be reimbursed by the State Board for travel and other necessary expenses incurred in the performance of their official duties. Unless paid from bonds issued under Section 1F-65 of this Code, the amount reimbursed
[December 5, 2002] 26 members for their expenses shall be charged to the school district as part of any emergency financial assistance and incorporated as a part of the terms and conditions for repayment of the assistance or shall be deducted from the district's general State aid as provided in Section 1B-8 of this Code. The Authority may elect such officers as it deems appropriate. (b) The first meeting of the Authority shall be held at the call of the Chairperson. The Authority shall prescribe the times and places for its meetings and the manner in which regular and special meetings may be called and shall comply with the Open Meetings Act. Three members of the Authority shall constitute a quorum. When a vote is taken upon any measure before the Authority, a quorum being present, a majority of the votes of the members voting on the measure shall determine the outcome. (105 ILCS 5/1F-25 new) Sec. 1F-25. General powers. The purposes of the Authority shall be to exercise financial control over the district and to furnish financial assistance so that the district can provide public education within the district's jurisdiction while permitting the district to meet its obligations to its creditors and the holders of its debt. Except as expressly limited by this Article, the Authority shall have all powers granted to a voluntary or involuntary Financial Oversight Panel and to a Financial Administrator under Article 1B of this Code and all other powers necessary to meet its responsibilities and to carry out its purposes and the purposes of this Article, including without limitation all of the following powers, provided that the Authority shall have no power to terminate any employee without following the statutory procedures for such terminations set forth in this Code: (1) To sue and to be sued. (2) To make, cancel, modify, and execute contracts, leases, subleases, and all other instruments or agreements necessary or convenient for the exercise of the powers and functions granted by this Article, subject to Section 1F-45 of this Code. The Authority may at a regular or special meeting find that the district has insufficient or inadequate funds with respect to any contract, other than collective bargaining agreements. (3) To purchase real or personal property necessary or convenient for its purposes; to execute and deliver deeds for real property held in its own name; and to sell, lease, or otherwise dispose of such of its property as, in the judgment of the Authority, is no longer necessary for its purposes. (4) To appoint officers, agents, and employees of the Authority, including a chief executive officer, a chief fiscal officer, and a chief educational officer; to define their duties and qualifications; and to fix their compensation and employee benefits. (5) To transfer to the district such sums of money as are not required for other purposes. (6) To borrow money, including without limitation accepting State loans, and to issue obligations pursuant to this Article; to fund, refund, or advance refund the same; to provide for the rights of the holders of its obligations; and to repay any advances. (6.5) To levy all property tax levies that otherwise could be levied by the district, and to make levies pursuant to Section 1F-62 of this Code. This levy or levies shall be exempt from the Truth and Taxation Law and the Cook County Truth and Taxation Law. (7) Subject to the provisions of any contract with or for the benefit of the holders of its obligations, to purchase or redeem its obligations. (8) To procure all necessary goods and services for the Authority in compliance with the purchasing laws and requirements applicable to the district. (9) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given to it by this Article.
27 [December 5, 2002] (10) To recommend annexation, consolidation, dissolution, or reorganization of the district, in whole or in part, to the State Board if in the Authority's judgment the circumstances so require. No such proposal for annexation, consolidation, dissolution, or reorganization shall occur unless the Authority and all other districts directly affected by the annexation, consolidation, dissolution, or reorganization have each approved by majority vote the annexation, consolidation, dissolution, or reorganization. Notwithstanding any other law to the contrary, upon approval of the proposal by the State Board, the State Board and all other affected entities shall forthwith implement the proposal. When a dissolution and annexation becomes effective for purposes of administration and attendance, the positions of teachers in contractual continued service in the district being dissolved shall be transferred to the annexing district or districts, pursuant to the provisions of Section 24-12 of this Code. In the event that the territory is added to 2 or more districts, the decision on which positions shall be transferred to which annexing districts shall be made by giving consideration to the proportionate percentage of pupils transferred and the annexing districts' staffing needs, and the transfer of teachers in contractual continued service into positions shall be based upon the request of those teachers in contractual continued service in order of seniority in the dissolving district. The status of all teachers in contractual continued service transferred to an annexing district shall not be lost, and the board of the annexing district is subject to this Code with respect to teachers in contractual continued service who are transferred in the same manner as if the person were the annexing district's employee and had been its employee during the time the person was actually employed by the board of the dissolving district from which the position was transferred. (105 ILCS 5/1F-30 new) Sec. 1F-30. Chief executive officer. The Authority may appoint a chief executive officer who, under the direction of the Authority, shall supervise the Authority's staff, including the chief educational officer and the chief fiscal officer, and shall have ultimate responsibility for implementing the policies, procedures, directives, and decisions of the Authority. (105 ILCS 5/1F-35 new) Sec. 1F-35. Chief educational officer. The Authority may at a regular or special meeting find that cause exists to cancel the contract of the school district's superintendent who is serving at the time the Authority is established. If there is no superintendent, then the Authority shall, following consultation with the district, employ a chief educational officer for the district, who shall have all of the powers and duties of a school district superintendent under this Code and such other duties as may be assigned by the Authority in accordance with this Code. The chief educational officer shall report to the Authority or the chief executive officer appointed by the Authority. The district shall not thereafter employ a superintendent during the period that a chief educational officer is serving in the district. The chief educational officer shall hold a certificate with a superintendent endorsement issued under Article 21 of this Code. (105 ILCS 5/1F-40 new) Sec. 1F-40. Chief fiscal officer. The Authority may appoint a chief fiscal officer who, under the direction of the Authority, shall have all of the powers and duties of the district's chief school business official and any other duties regarding budgeting, accounting, and other financial matters that are assigned by the Authority, in accordance with this Code. The district may not employ a chief school business official during the period that the chief fiscal officer is serving in the district. The chief fiscal officer may but is not required to hold a certificate with a chief school business official endorsement issued under Article 21 of this Code. (105 ILCS 5/1F-45 new) Sec. 1F-45. Collective bargaining agreements. The Authority shall
[December 5, 2002] 28 have the power to negotiate collective bargaining agreements with the district's employees in lieu of and on behalf of the district. Upon concluding bargaining, the district shall execute the agreements negotiated by the Authority, and the district shall be bound by and shall administer the agreements in all respects as if the agreements had been negotiated by the district itself. (105 ILCS 5/1F-50 new) Sec. 1F-50. Deposits and investments. (a) The Authority shall have the power to establish checking and whatever other banking accounts it may deem appropriate for conducting its affairs. (b) Subject to the provisions of any contract with or for the benefit of the holders of its obligations, the Authority may invest any funds not required for immediate use or disbursement, as provided in the Public Funds Investment Act. (105 ILCS 5/1F-55 new) Sec. 1F-55. Cash accounts and bank accounts. (a) The Authority shall require the district or any officer of the district, including the district's treasurer, to establish and maintain separate cash accounts and separate bank accounts in accordance with such rules, standards, and procedures as the Authority may prescribe. (b) The Authority shall have the power to assume exclusive administration of the cash accounts and bank accounts of the district, to establish and maintain whatever new cash accounts and bank accounts it may deem appropriate, and to withdraw funds from these accounts for the lawful expenditures of the district. (105 ILCS 5/1F-60 new) Sec. 1F-60. Financial, management, and budgetary structure. Upon direction of the Authority, the district shall reorganize the financial accounts, management, and budgetary systems of the district in whatever manner the Authority deems appropriate to achieve greater financial responsibility and to reduce financial inefficiency. (105 ILCS 5/1F-62 new) Sec. 1F-62. School District Emergency Financial Assistance Fund; loans. (a) Moneys in the School District Emergency Financial Assistance Fund established under Section 1B-8 of this Code may be allocated and expended by the State Board for emergency financial assistance loans to an Authority that petitions for emergency financial assistance. An emergency financial assistance loan to an Authority shall not be considered as part of the calculation of a district's debt for purposes of the limitation specified in Section 19-1 of this Code. (b) The amount of an emergency financial assistance loan that may be allocated to an Authority under this Article, including moneys necessary for the operations of the Authority, and borrowing from sources other than the State shall not exceed, in the aggregate, $4,000 times the number of pupils enrolled in the district during the school year ending June 30 prior to the date of approval by the State Board of the petition for emergency financial assistance, as certified to the school board and the Authority by the State Superintendent. However, this limitation does not apply to borrowing by the district secured by amounts levied by the district prior to establishment of the Authority. (c) The payment of a State emergency financial assistance loan shall be subject to appropriation by the General Assembly. State emergency financial assistance allocated and paid to an Authority under this Article may be applied to any fund or funds from which the Authority is authorized to make expenditures by law. (d) Any State emergency financial assistance proposed by the Authority and approved by the State Superintendent may be paid in its entirety during the initial year of the Authority's existence or spread in equal or declining amounts over a period of years not to exceed the period of the Authority's existence. The State Superintendent shall not approve any loan to the Authority unless the Authority has been unable to borrow sufficient funds to operate the district. All loan payments made from the School District Emergency Financial Assistance Fund to an Authority shall be required to be repaid not
29 [December 5, 2002] later than the date the Authority ceases to exist, with simple interest over the term of the loan at a rate equal to 50% of the one-year Constant Maturity Treasury (CMT) yield as last published by the Board of Governors of the Federal Reserve System before the date on which the Authority's loan is approved by the State Board. The Authority shall establish and the State Superintendent shall approve the terms and conditions of the loan, including the schedule of repayments. The schedule shall provide for repayments commencing July 1 of each year. Repayment shall be incorporated into the annual budget of the district and may be made from any fund or funds of the district in which there are moneys available. When moneys are repaid as provided in this Section, they shall not be made available to the Authority for further use as emergency financial assistance under this Article at any time thereafter. All repayments required to be made by an Authority shall be received by the State Board and deposited in the School District Emergency Financial Assistance Fund. In establishing the terms and conditions for the repayment obligation of the Authority, the Authority shall annually determine whether a separate local property tax levy is required to meet that obligation. The Authority shall provide for a separate tax levy for emergency financial assistance repayment purposes. This tax levy shall not be subject to referendum approval. The amount of the levy shall not exceed the amount necessary to meet the annual emergency financial repayment obligations of the district, including principal and interest, as established by the Authority. (105 ILCS 5/1F-90 new) Sec. 1F-90. Tax anticipation warrants. An Authority shall have the same power to issue tax anticipation warrants as a school board under Section 17-16 of this Code, subject to Section 1F-62 of this Code. (105 ILCS 5/1F-115 new) Sec. 1F-115. State or district not liable on obligations. Obligations shall not be deemed to constitute (i) a debt or liability of the State, the district, or any political subdivision of the State or district other than the Authority or (ii) a pledge of the full faith and credit of the State, the district, or any political subdivision of the State or district other than the Authority but shall be payable solely from the funds and revenues provided for in this Article. The issuance of obligations shall not directly, indirectly, or contingently obligate the State, the district, or any political subdivision of the State or district other than the Authority to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this Section shall prevent or be construed to prevent the Authority from pledging its full faith and credit to the payment of obligations. Nothing in this Article shall be construed to authorize the Authority to create a debt of the State or the district within the meaning of the Constitution or laws of Illinois, and all obligations issued by the Authority pursuant to the provisions of this Article are payable and shall state that they are payable solely from the funds and revenues pledged for their payment in accordance with the resolution authorizing their issuance or any trust indenture executed as security therefor. The State or the district shall not in any event be liable for the payment of the principal of or interest on any obligations of the Authority or for the performance of any pledge, obligation, or agreement of any kind whatsoever that may be undertaken by the Authority. No breach of any such pledge, obligation, or agreement may impose any liability upon the State or the district or any charge upon their general credit or against their taxing power. (105 ILCS 5/1F-120 new) Sec. 1F-120. Obligations as legal investments. The obligations issued under the provisions of this Article are hereby made securities in which all public officers and bodies of this State, all political subdivisions of this State, all persons carrying on an insurance business, all banks, bankers, trust companies, saving banks, and savings associations (including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business), and all credit unions, pension funds,
[December 5, 2002] 30 administrators, and guardians who are or may be authorized to invest in bonds or in other obligations of the State may properly and legally invest funds, including capital, in their control or belonging to them. The obligations are also hereby made securities that may be deposited with and may be received by all public officers and bodies of the State, all political subdivisions of the State, and public corporations for any purpose for which the deposit of bonds or other obligations of the State is authorized. (105 ILCS 5/1F-130 new) Sec. 1F-130. Reports. (a) The Authority, upon taking office and annually thereafter, shall prepare and submit to the Governor, General Assembly, and State Superintendent a report that includes the audited financial statement for the preceding fiscal year, an approved financial plan, and a statement of the major steps necessary to accomplish the objectives of the financial plan. (b) Annual reports shall be submitted on or before March 1 of each year. (c) The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as provided in Section 3.1 of the General Assembly Organization Act and by filing additional copies with the State Government Report Distribution Center for the General Assembly as required under subdivision (t) of Section 7 of the State Library Act. (105 ILCS 5/1F-135 new) Sec. 1F-135. Audit of Authority. The Authority shall be subject to audit in the manner provided for the audit of State funds and accounts. A copy of the audit report shall be submitted to the State Superintendent, the Governor, the Speaker and Minority Leader of the House of Representatives, and the President and Minority Leader of the Senate. (105 ILCS 5/1F-140 new) Sec. 1F-140. Assistance by State agencies, units of local government, and school districts. The district shall render such services to and permit the use of its facilities and resources by the Authority at no charge as may be requested by the Authority. Any State agency, unit of local government, or school district may, within its lawful powers and duties, render such services to the Authority as may be requested by the Authority. Upon request of the Authority, any State agency, unit of local government, or school district is authorized and empowered to loan to the Authority such officers and employees as the Authority may deem necessary in carrying out its functions and duties. Officers and employees so transferred shall not lose or forfeit their employment status or rights. (105 ILCS 5/1F-145 new) Sec. 1F-145. Property of Authority exempt from taxation. The property of the Authority is exempt from taxation. (105 ILCS 5/1F-150 new) Sec. 1F-150. Sanctions. (a) No member, officer, employee, or agent of the district may commit the district to any contract or other obligation or incur any liability on behalf of the district for any purpose if the amount of the contract, obligation, or liability is in excess of the amount authorized for that purpose then available under the financial plan and budget then in effect. (b) No member, officer, employee, or agent of the district may commit the district to any contract or other obligation on behalf of the district for the payment of money for any purpose required to be approved by the Authority unless the contract or other obligation has been approved by the Authority. (c) No member, officer, employee, or agent of the district may take any action in violation of any valid order of the Authority, may fail or refuse to take any action required by any such order, may prepare, present, certify, or report any information, including any projections or estimates, for the Authority or any of its agents that is false or misleading, or, upon learning that any such information is
31 [December 5, 2002] false or misleading, may fail promptly to advise the Authority or its agents. (d) In addition to any penalty or liability under any other law, any member, officer, employee, or agent of the district who violates subsection (a), (b), or (c) of this Section is subject to appropriate administrative discipline as may be imposed by the Authority, including, if warranted, suspension from duty without pay, removal from office, or termination of employment. (105 ILCS 5/1F-155 new) Sec. 1F-155. Abolition of Authority. The Authority shall be abolished 10 years after its creation or one year after all its obligations issued under the provisions of this Article have been fully paid and discharged, whichever comes later. However, the State Board, upon recommendation of the Authority and if no obligations are outstanding, may abolish the Authority at any time after the Authority has been in existence for 3 years. Upon the abolition of the Authority, all of its records shall be transferred to the State Board and any property of the Authority shall pass to and be vested in the State Board. (105 ILCS 5/1F-160 new) Sec. 1F-160. Limitations of actions after abolition; indemnification; legal representation. (a) Abolition of the Authority pursuant to Section 1F-155 of this Code shall bar any remedy available against the Authority, its members, employees, or agents for any right or claim existing or any liability incurred prior to the abolition unless the action or other proceeding is commenced prior to the expiration of 2 years after the date of the abolition. (b) The Authority may indemnify any member, officer, employee, or agent who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that he or she was a member, officer, employee, or agent of the Authority, against expenses (including attorney's fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with the action, suit, or proceeding) if he or she acted in good faith and in a manner that he or she reasonably believed to be in or not opposed to the best interests of the Authority and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith in a manner that he or she reasonably believed to be in or not opposed to the best interest of the Authority and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful. To the extent that a member, officer, employee, or agent of the Authority has been successful, on the merits or otherwise, in the defense of any such action, suit, or proceeding referred to in this subsection (b) or in defense of any claim, issue, or matter therein, he or she shall be indemnified against expenses, including attorney's fees, actually and reasonably incurred by him or her in connection therewith. Any such indemnification shall be made by the Authority only as authorized in the specific case, upon a determination that indemnification of the member, officer, employee, or agent is proper in the circumstances because he or she has met the applicable standard of conduct. The determination shall be made (i) by the Authority by a majority vote of a quorum consisting of members who are not parties to the action, suit, or proceeding or (ii) if such a quorum is not obtainable or, even if obtainable, a quorum of disinterested members so directs, by independent legal counsel in a written opinion. Reasonable expenses incurred in defending an action, suit, or proceeding shall be paid by the Authority in advance of the final disposition of the action, suit, or proceeding, as authorized by the Authority in the specific case, upon receipt of an undertaking by or on
[December 5, 2002] 32 behalf of the member, officer, employee, or agent to repay the amount, unless it is ultimately determined that he or she is entitled to be indemnified by the Authority as authorized in this Section. Any member, officer, employee, or agent against whom any action, suit, or proceeding is brought may employ his or her own attorney to appear on his or her behalf. The right to indemnification accorded by this Section shall not limit any other right to indemnification to which the member, officer, employee, or agent may be entitled. Any rights under this Section shall inure to the benefit of the heirs, executors, and administrators of any member, officer, employee, or agent of the Authority. The Authority may purchase and maintain insurance on behalf of any person who is or was a member, officer, employee, or agent of the Authority against any liability asserted against him or her and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the Authority would have the power to indemnify him or her against the liability under the provisions of this Section. The Authority shall be considered a State agency for purposes of receiving representation by the Attorney General. Members, officers, employees, and agents of the Authority shall be entitled to representation and indemnification under the State Employee Indemnification Act. (105 ILCS 5/17-11.2 new) Sec. 17-11.2. Notwithstanding any other law to the contrary, any levy adopted by a School Finance Authority created under Article 1F of this Code is valid and shall be extended by the county clerk if it is certified to the county clerk by the Authority in sufficient time to allow the county clerk to include the levy in the extension for the taxable year. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3 TO SENATE BILL 912 AMENDMENT NO. 3. Amend Senate Bill 912, AS AMENDED, with reference to page and line numbers of House Amendment No. 2, on page 14, line 9, before "all", by inserting "the school boards of"; and on page 17, line 29, after "Authority", by inserting "or borrowing from sources other than the State"; and on page 19, line 28, by replacing "Code," with "Code. Tax anticipation warrants are considered borrowing from sources other than the State and are". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 2 and 3 were 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 Lang, SENATE BILL 912 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: 77, Yeas; 32, Nays; 2, Answering Present. (ROLL CALL 2) 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
33 [December 5, 2002] in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 2390. Having been read by title a second time on December 4, 2002, and held on the order of Second Reading, the same was again taken up. Representative Hannig offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 2390 AMENDMENT NO. 2. Amend Senate Bill 2390, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. "An Act regarding appropriations", Public Act 92-538, approved June 10, 2002, is amended by adding Section 24 to Article 1 and by changing Section 25 of Article 1 as follows: (P.A. 92-538, Article 1, Section 24 new) Sec. 24. The amount of $4,528,000, or so much of that amount as may be necessary, is appropriated from the General Revenue Fund to the State Board of Education for deposit into the School District Emergency Financial Assistance Fund. (P.A. 92-538, Article 1, Section 25) Sec. 25. The following amounts, or so much of those amounts as may be necessary, respectively, for the objects and purposes named, are appropriated to the Illinois State Board of Education for Grants-In-Aid and loans: From the General Revenue Fund: For orphanage tuition claims and State owned housing claims as provided under Section 18-3 of the School Code...................... $13,988,200 For financial assistance to Local Education Agencies for the Philip J. Rock Center and School as provided by Section 14-11.02 of the School Code .......................... 2,855,500 For financial assistance to Local Education Agencies for the purpose of maintaining an educational materials coordinating unit as provided for by Section 14-11.01 of the School Code........................... 1,121,000 For Reimbursement to School Districts for Services and Materials for Programs Under Section 14A-5 of the School Code............ 19,000,600 For tuition of disabled children attending schools under Section 14-7.02 of the School Code................... 47,134,400 For reimbursement to school districts for extraordinary special education and facilities under Section 14-7.02a of the School Code........................... 225,712,000 For reimbursement to school districts for services and materials used in programs for disabled children under Section 14-13.01 of the School Code.................................. 303,506,900 For reimbursement on a current basis only to school districts that provide for education of handicapped orphans from residential institutions as well as foster children who are mentally impaired or behaviorally disordered
[December 5, 2002] 34 as provided under Section 14-7.03 of the School Code................... 104,763,200 For Financial Assistance to Local Education Agencies with over 500,000 Population to Meet the Needs of those Children who come from Environments where the Dominant Language is other than English under Section 34-18.2 of the School Code.............................. 33,792,800 For Financial Assistance to Local Education Agencies with under 500,000 Population to meet the Needs of those Children who come from Environments where the Dominant Language is other than English under Section 10-22.38a of the School Code........................... 26,551,500 For reimbursement to school districts qualifying under Section 29-5 of the School Code for a portion of the cost of transporting common school pupils................................ 219,908,500 For reimbursement to school districts for a portion of the cost of transporting disabled students under subsection (b) of Section 14-13.01 of the School Code.................................. 218,097,000 For reimbursement to school districts for providing free lunch and breakfast programs under the provision of the School Breakfast and Lunch Program Act............................ 20,741,200 For the Tax-equivalent Grants pursuant to Section 18-4.4 of the School Code ............................. 222,600 For the Block Grants to School Districts for School Safety and Educational Improvement Programs Pursuant to Section 2-3.51.5 of the School Code.......... 67,529,400 For Grants Associated with the School Breakfast Incentive Program............................ 723,500 For grants for Reading for blind and dyslexic persons for programs and services in support of Illinois citizens with visual and reading impairments.......................... 168,800 For Grants to the Local Education Agencies to Conduct Agricultural Education Programs........................... 1,881,200 For grants associated with the Illinois Economic Education program................... 144,700 For a grant to the Illinois Learning Partnership program.......................... 385,900 For the Association of Illinois Middle-Level Schools Program.............................. 72,400 For Metro East Consortium for Child Advocacy............................... 217,100 For the Regional Offices of Education, including, but not limited to, ROE School Bus Driver Training, ROE School Services, and ROE Supervisory Expense........ 12,070,400 For the Transition of Minority Students....... 578,800 For the Golden Apple/Illinois Scholars Program............................. 2,914,300 For Teachers' Academy for Math and Science.... 5,307,700 For Supplementary Payments (General State Aid - Hold Harmless) to School Districts under Subsection (J) of Section 18-8.05 of the School Code.................................. 65,700,000
35 [December 5, 2002] For summer school payments as provided by Section 18-4.3 of the School Code.................................. 5,830,400 For costs associated with Teach for America ..................................... 450,000 For all costs associated with the supplementary payments to school districts as provided in Section 18-8.2, Section 18-8.3, Section 18-8.5, and Section 18-8.05(I) of the School Code................ 1,669,400 For all costs associated with a Universal preschool program ................. 5,220,000 From the Common School Fund: For compensation of Regional Superintendents of Schools and Assistants under Section 18-5 of the School Code...................... 7,850,000 For payment of one-time employer's contribution to Teachers' Retirement system as provided in the Early Retirement Option under Section 16-133.2 of the Illinois Pension Code, including prior year claims ................. 300,000 For general apportionment (General State Aid) as provided by Section 18-8.05 of the School Code........................ 2,635,300,000 From the School District Emergency Financial Assistance Fund: For emergency financial assistance pursuant to Sections 1B-8 and 1F-62 of the School Code........................... $5,333,000 For the following purposes: For a loan to the Hazel Crest School District No. 152 1/2 School Finance Authority......................... $4,528,000 For school district emergency financial assistance........................ $805,000
[December 5, 2002] 36 education and facilities under Section 14-7.02a of the School Code, for reimbursement to school districts for services and materials used in programs for disabled children under Section 14-13.01 of the School Code, for reimbursement on a current basis only to school districts that provide for education of handicapped orphans from residential institutions as well as foster children who are mentally inpaired or behaviorally disordered as provided under Section 14-7.03 of the School Code, for reimbursement to school districts qualifying under Section 29-5 of the School Code for a portion of the cost of transporting common school pupils, for reimbursement to school districts for a portion of the cost of transporting disabled students under subsection (b) of Section 14-13.01 of the School Code, for reimbursement to school districts for providing free lunch and breakfast programs under the provision of the School Breakfast and Lunch Program Act, and for summer school payments as provided by Section 18-4.3 of the School Code. (Source: P.A. 92-538, eff. 7-1-02.) 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 Madigan, SENATE BILL 2390 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: 71, Yeas; 39, Nays; 0, Answering Present. (ROLL CALL 3) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. MOTION WITHDRAWN Pursuant to the motion submitted previously, Representative Currie moved to withdraw the Motion to reconsider the vote on the Concurrence in Senate Amendment No. 1 to HOUSE BILL 5169. The motion prevailed. SENATE BILLS ON SECOND READING SENATE BILL 1650. Having been read by title a second time on Decebmer 4, 2002, and held on the order of Second Reading, the same was again taken up. Representative Yarbrough offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 1650
37 [December 5, 2002] AMENDMENT NO. 4. Amend Senate Bill 1650, AS AMENDED, immediately before Article 99, by inserting the following: "ARTICLE 10 Section 10-1. Short title. This Article may be cited as the Maywood Public Library District Tax Levy Validation (2002) Law. Section 10-5. Tax levy ordinances of the Maywood Public Library District. If the Maywood Public Library District has, during the fiscal years 2001 and 2002, within the time required by law adopted annual appropriation ordinances for those years but failed to adopt its annual tax levy ordinance for the tax year 2001 (collectible in 2002), but adopts its 2001 tax levy or a supplemental or deficiency 2001 tax levy, or both, by the last Tuesday of December 2002, and duly files the same with the county clerk of the county in which the district is located, then any such tax levy ordinances and supplemental or deficiency tax levy ordinance and the taxes assessed, levied, and extended thereon are hereby validated notwithstanding any failure to comply with the Truth in Taxation Law or the Cook County Truth in Taxation Law and further notwithstanding any failure to comply with the provisions of the Property Tax Extension Limitation Law or any other law. No 2001 tax levy or supplemental or deficiency levy, however, is validated to the extent it would have exceeded the maximum amount the district could have levied under the Property Tax Extension Limitation Law if the tax levy ordinance or supplemental or deficiency levy ordinance had been adopted and filed in due time in calendar year 2001. Any such tax levy or supplemental or deficiency levy shall be extended by the county clerk of the county in which the public library district is located by adding the amount of the 2001 tax levy or supplemental or deficiency levy to the district's validly enacted 2002 tax levy, regardless of whether that 2001 tax levy is in the form of a customary annual tax levy or in the form of a supplemental or deficiency tax levy. Moreover, if the district has received any tax revenue for the calendar year 2001 intended for the payment of principal and interest on outstanding bonds of the district and the district has used any portion or all of that tax revenue for normal operating expenses, that use of those funds is hereby validated if the district issues either tax anticipation warrants or notes to provide funds sufficient to replace that bond revenue used for operating expenses prior to default on any bond payments; further, the use of the proceeds of the issuance of those notes or warrants to make the bond payments when due is further hereby validated. Section 10-905. The Property Tax Code is amended by adding Sections 18-92, 18-101.47, and 18-197 as follows: (35 ILCS 200/18-92 new) Sec. 92. Maywood Public Library District Tax Levy Validation (2002) Law. The provisions of the Truth in Taxation Law are subject to the Maywood Public Library District Tax Levy Validation (2002) Law. (35 ILCS 200/18-101.47 new) Sec. 18-101.47. Maywood Public Library District Tax Levy (2002) Validation Law. The provisions of the Cook County Truth in Taxation Law are subject to the Maywood Public Library District Tax Levy Validation (2002) Law. (35 ILCS 200/18-197 new) Sec. 18-197. Maywood Public Library District Tax Levy (2002) Validation Law. The provisions of the Property Tax Extension Limitation Law are subject to the Maywood Public Library District Tax Levy Validation (2002) Law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING
[December 5, 2002] 38 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 Brunsvold, SENATE BILL 1650 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: 86, Yeas; 25, Nays; 0, Answering Present. (ROLL CALL 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 1264, having been printed, was taken up for consideration. Representative Daniels moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 111, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1264. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1258. 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 1259 AMENDMENT NO. 1. Amend Senate Bill 1259 after the end of Section 5, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". Representative Slone offered and withdrew Amendment No. 2. Representative Slone offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1258 AMENDMENT NO. 3. Amend Senate Bill 1258, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Department of Central Management Services Law of the Civil Administrative Code of Illinois is amended by changing Section 405-305 as follows: (20 ILCS 405/405-305) (was 20 ILCS 405/67.06) Sec. 405-305. Lease of unused or unproductive State land. To lease, at the fair market rental value rate, the unused or unproductive land under the jurisdiction of any of the several departments on terms and conditions that in the judgement of the Director are in the best interests of the State. The Department may lease the property at a rate less than 60% of the fair market rental value rate only if (i) the
39 [December 5, 2002] Director certifies in writing the reasons for leasing the property at that rate and (ii) the rate constitutes fair and adequate compensation. The Director may not lease property for nominal consideration that is tantamount to a gift. No appraisal is required if during its initial survey of the property the Department determines the property has an annual fair market rental value of less than $10 per square foot. If the annual fair market rental value of the property is determined by the Department in its initial survey to be $10 per square foot or more, then the Department shall obtain an appraisal. The appraisal shall represent the fair market rental value of the property. Any responsible officer, person, or employee of the State government who knowingly violates this Section is guilty of a Class B misdemeanor. A second or subsequent violation of this Section by that officer, person, or employee is a Class A misdemeanor. (Source: P.A. 91-239, eff. 1-1-00.) Section 10. The State Property Control Act is amended by changing Sections 1.01, 7.1, and 9 as follows: (30 ILCS 605/1.01) (from Ch. 127, par. 133b2) Sec. 1.01. "Responsible officer" means and includes all elective State officers; directors of the executive code departments; presidents of State universities
[December 5, 2002] 40 request must indicate the reason for the transfer and the intended use to be made of such surplus real property. The Administrator may not deny any request
41 [December 5, 2002] (Source: P.A. 77-2598.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 3 were adopted and the bill, as amended, was held on the order of Second Reading. Having been printed, the following bill was taken up, read by title a second time and held on the order of Second Reading: SENATE BILL 2291. RESOLUTIONS SENATE JOINT RESOLUTION 56 was taken up for consideration. Representative Winkel moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 110, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 6) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. HOUSE RESOLUTION 1133 was taken up for consideration. Representative Burke moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 1142 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON SECOND READING Having been read by title a second time on December 4, 2002 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 2424. 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 Mautino, SENATE BILL 2424 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: 75, Yeas; 34, Nays; 2, Answering Present. (ROLL CALL 7) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS HOUSE RESOLUTIONS 1143, 1144, 1145, 1146, 1147, 1148, 1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161 and 1162 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted.
[December 5, 2002] 42 ADJOURNMENT RESOLUTION HOUSE JOINT RESOLUTION 90 was taken up for consideration. Representative Currie moved the adoption of the resolution. HOUSE JOINT RESOLUTION 90 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on Thursday, December 5, 2002, it stands adjourned until Friday, January 3, 2003 in Perfunctory Session, and when it adjourns on that day, it stands adjourned until Monday, January 6, 2002 at 2:00 o'clock p.m.; and when the Senate adjourns on Thursday, December 5, 2002, it stands adjourned until Monday, January 6, 2003 at 3:00 o'clock p.m. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. RESOLUTIONS HOUSE RESOLUTION 1055 was taken up for consideration. Representative Moffitt moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. At the hour of 12:20 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to HOUSE JOINT RESOLUTION 90, the House stood adjourned until Friday, January 3, 2003, in Perfunctory session.
43 [December 5, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE DEC 05, 2002 0 YEAS 0 NAYS 112 PRESENT P ACEVEDO P DURKIN P LAWFER P PARKE P BASSI P ERWIN P LEITCH P POE P BEAUBIEN P FEIGENHOLTZ P LINDNER P REITZ P BELLOCK P FLOWERS P LYONS,EILEEN P RIGHTER P BERNS P FORBY P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FOWLER P MARQUARDT P RYAN P BLACK P FRANKS P MATHIAS P SAVIANO P BOLAND P FRITCHEY P MAUTINO P SCHMITZ P BOST P GARRETT P MAY P SCHOENBERG P BRADLEY P GILES P McAULIFFE P SCULLY P BRADY E GRANBERG E McCARTHY P SIMPSON P BROSNAHAN P HAMOS P McGUIRE P SLONE P BRUNSVOLD P HANNIG P McKEON P SMITH P BUGIELSKI P HARTKE P MENDOZA P SOMMER P BURKE P HASSERT P MEYER P SOTO P CAPPARELLI E HOEFT P MILLER P STEPHENS E COLLINS P HOFFMAN P MITCHELL,BILL P TENHOUSE P COLVIN P HOLBROOK P MITCHELL,JERRY P TURNER P COULSON P HOWARD P MOFFITT P WAIT P COWLISHAW P HULTGREN P MORROW P WATSON P CROSS P JEFFERSON P MULLIGAN P WINKEL P CROTTY P JOHNSON P MURPHY P WINTERS P CURRIE P JONES,JOHN P MYERS P WIRSING P CURRY E JONES,LOU P NOVAK P WOJCIK P DANIELS E 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 DUNKIN P LANG E - Denotes Excused Absence
[December 5, 2002] 44 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 912 SCH CD-CHARACTER ED-SURVEY THIRD READING PASSED DEC 05, 2002 77 YEAS 32 NAYS 2 PRESENT Y ACEVEDO Y DURKIN N LAWFER P PARKE Y BASSI Y ERWIN Y LEITCH N POE Y BEAUBIEN Y FEIGENHOLTZ Y LINDNER Y REITZ N BELLOCK Y FLOWERS N LYONS,EILEEN N RIGHTER N BERNS Y FORBY Y LYONS,JOSEPH N RUTHERFORD N BIGGINS Y FOWLER N MARQUARDT Y RYAN N BLACK N FRANKS Y MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO Y SCHMITZ N BOST Y GARRETT Y MAY Y SCHOENBERG Y BRADLEY Y GILES Y McAULIFFE Y SCULLY N BRADY E GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE N SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA N SOMMER Y BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT P MILLER N STEPHENS E COLLINS Y HOFFMAN N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER Y COULSON Y HOWARD Y MOFFITT N WAIT N COWLISHAW N HULTGREN Y MORROW N WATSON Y CROSS Y JEFFERSON Y MULLIGAN N WINKEL Y CROTTY N JOHNSON Y MURPHY Y WINTERS Y CURRIE N JONES,JOHN N MYERS N WIRSING Y CURRY E JONES,LOU Y NOVAK N WOJCIK Y DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART N KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND E YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
45 [December 5, 2002] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2390 $STATE BOARD OF EDUCATION THIRD READING PASSED DEC 05, 2002 71 YEAS 39 NAYS 0 PRESENT Y ACEVEDO Y DURKIN N LAWFER N PARKE Y BASSI Y ERWIN Y LEITCH N POE Y BEAUBIEN Y FEIGENHOLTZ N LINDNER Y REITZ N BELLOCK Y FLOWERS N LYONS,EILEEN N RIGHTER N BERNS Y FORBY Y LYONS,JOSEPH N RUTHERFORD N BIGGINS Y FOWLER N MARQUARDT Y RYAN N BLACK N FRANKS Y MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO N SCHMITZ N BOST Y GARRETT Y MAY Y SCHOENBERG Y BRADLEY Y GILES Y McAULIFFE Y SCULLY N BRADY E GRANBERG E McCARTHY N SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE N SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA N SOMMER Y BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER N STEPHENS E COLLINS Y HOFFMAN N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER N COULSON Y HOWARD Y MOFFITT N WAIT N COWLISHAW N HULTGREN Y MORROW N WATSON Y CROSS Y JEFFERSON N MULLIGAN N WINKEL Y CROTTY Y JOHNSON Y MURPHY Y WINTERS Y CURRIE N JONES,JOHN N MYERS N WIRSING Y CURRY E JONES,LOU Y NOVAK N WOJCIK Y DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART N KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL Y OSMOND E YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS A DELGADO N KURTZ N PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
[December 5, 2002] 46 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1650 MUNI CODE-TIF DISTRICT-TECH THIRD READING PASSED DEC 05, 2002 86 YEAS 25 NAYS 0 PRESENT Y ACEVEDO Y DURKIN N LAWFER N PARKE Y BASSI Y ERWIN Y LEITCH Y POE Y BEAUBIEN Y FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS Y LYONS,EILEEN N RIGHTER N BERNS Y FORBY Y LYONS,JOSEPH Y RUTHERFORD N BIGGINS Y FOWLER Y MARQUARDT Y RYAN N BLACK N FRANKS Y MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO N SCHMITZ N BOST Y GARRETT Y MAY Y SCHOENBERG Y BRADLEY Y GILES Y McAULIFFE Y SCULLY Y BRADY E GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA Y SOMMER Y BURKE Y HASSERT N MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER N STEPHENS E COLLINS Y HOFFMAN N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER N COULSON Y HOWARD Y MOFFITT N WAIT Y COWLISHAW Y HULTGREN Y MORROW N WATSON Y CROSS Y JEFFERSON Y MULLIGAN N WINKEL Y CROTTY Y JOHNSON Y MURPHY N WINTERS Y CURRIE N JONES,JOHN N MYERS N WIRSING Y CURRY E JONES,LOU Y NOVAK N WOJCIK Y DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL N OSMOND E YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
47 [December 5, 2002] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1264 SR CITZN ASSESSMT FREEZE-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED DEC 05, 2002 111 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y DURKIN Y LAWFER Y PARKE Y BASSI Y ERWIN Y LEITCH Y POE Y BEAUBIEN Y FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS Y LYONS,EILEEN Y RIGHTER Y BERNS Y FORBY Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FOWLER Y MARQUARDT Y RYAN Y BLACK Y FRANKS Y MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO Y SCHMITZ Y BOST Y GARRETT Y MAY Y SCHOENBERG Y BRADLEY Y GILES Y McAULIFFE Y SCULLY Y BRADY E GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA Y SOMMER Y BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER Y STEPHENS E COLLINS Y HOFFMAN Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER Y COULSON Y HOWARD Y MOFFITT Y WAIT Y COWLISHAW Y HULTGREN Y MORROW Y WATSON Y CROSS Y JEFFERSON Y MULLIGAN Y WINKEL Y CROTTY Y JOHNSON Y MURPHY Y WINTERS Y CURRIE Y JONES,JOHN Y MYERS Y WIRSING Y CURRY E JONES,LOU Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND E YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
[December 5, 2002] 48 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE JOINT RESOLUTION 56 LAND-U OF I ADOPTED DEC 05, 2002 110 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y DURKIN Y LAWFER Y PARKE Y BASSI Y ERWIN Y LEITCH Y POE Y BEAUBIEN Y FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS Y LYONS,EILEEN Y RIGHTER Y BERNS Y FORBY Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FOWLER Y MARQUARDT Y RYAN Y BLACK Y FRANKS Y MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO Y SCHMITZ Y BOST Y GARRETT Y MAY Y SCHOENBERG Y BRADLEY Y GILES Y McAULIFFE Y SCULLY Y BRADY E GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE Y SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI Y HARTKE Y MENDOZA Y SOMMER Y BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER Y STEPHENS E COLLINS Y HOFFMAN Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOLBROOK Y MITCHELL,JERRY Y TURNER Y COULSON A HOWARD Y MOFFITT Y WAIT Y COWLISHAW Y HULTGREN Y MORROW Y WATSON Y CROSS Y JEFFERSON Y MULLIGAN Y WINKEL Y CROTTY Y JOHNSON Y MURPHY Y WINTERS Y CURRIE Y JONES,JOHN Y MYERS Y WIRSING Y CURRY E JONES,LOU Y NOVAK Y WOJCIK Y DANIELS E KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND E YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DUNKIN Y LANG E - Denotes Excused Absence
49 [December 5, 2002] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2424 STATE DEBT COLLECTION-SHERIDAN THIRD READING PASSED DEC 05, 2002 75 YEAS 34 NAYS 2 PRESENT Y ACEVEDO Y DURKIN N LAWFER N PARKE N BASSI N ERWIN Y LEITCH N POE N BEAUBIEN P FEIGENHOLTZ Y LINDNER Y REITZ Y BELLOCK Y FLOWERS N LYONS,EILEEN N RIGHTER Y BERNS Y FORBY Y LYONS,JOSEPH Y RUTHERFORD N BIGGINS Y FOWLER Y MARQUARDT Y RYAN Y BLACK N FRANKS N MATHIAS Y SAVIANO Y BOLAND Y FRITCHEY Y MAUTINO N SCHMITZ N BOST Y GARRETT N MAY Y SCHOENBERG Y BRADLEY Y GILES Y McAULIFFE N SCULLY Y BRADY E GRANBERG E McCARTHY Y SIMPSON Y BROSNAHAN Y HAMOS Y McGUIRE N SLONE Y BRUNSVOLD Y HANNIG Y McKEON Y SMITH Y BUGIELSKI N HARTKE Y MENDOZA Y SOMMER Y BURKE Y HASSERT Y MEYER Y SOTO Y CAPPARELLI E HOEFT Y MILLER N STEPHENS E COLLINS Y HOFFMAN Y MITCHELL,BILL N TENHOUSE Y COLVIN Y HOLBROOK Y MITCHELL,JERRY N TURNER N COULSON Y HOWARD Y MOFFITT N WAIT Y COWLISHAW Y HULTGREN Y MORROW N WATSON Y CROSS Y JEFFERSON Y MULLIGAN Y WINKEL Y CROTTY Y JOHNSON N MURPHY N WINTERS Y CURRIE Y JONES,JOHN N MYERS Y WIRSING P CURRY E JONES,LOU Y NOVAK N WOJCIK N DANIELS E KENNER Y O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE N KOSEL A OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO Y KURTZ N PANKAU Y MR. SPEAKER N DUNKIN N LANG E - Denotes Excused Absence